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Resolution - 4492 - Application - TDHS - Summer Food Service Program - 05_19_1994
Resolution No. 4492 May 19, 1994 Item #24 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Summer Food Service Program Application and related documents with the Texas Department of Human Services, attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this AVID R. LMAVSTON, MAYOR ATTEST: C��L Betty A. J6hnsonXity Secretary APPROVED AS TO CONTENT: i t l lJ � Sylvia Martinez -Flores, Manager o Community Development and Neighborhood Initiatives APPROVED AS TO FORM: *44.0w Harold Willar , Assistant City Attorney HW Aa/ocdoca/ foodserv.res May 11, 1994 1994. rL. • 4 d a) C) l ) �s r_: u) a) •d r: o (1) •r' E: ~✓> of (1) C. 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(1) 'd ,C, CO •-i I 1 c W •d EH (1) to a) --) .c: Q) I aI 0 m U x a) 1-i Q) s : —I N C: 1-4 14 O .c; •,-i ua -I-) 's d of .C: O a1 Q) O Q) {ti :=I - 1-+ U ., • .0 1-+ of U O —1 -H O E: ;� O 0 .❑ 3: ,❑ C4 aI f-4 h-i V) s-4 ,I~ -"-P -1 {-1 -W Li .C) al Q) r: C; •-1 y E;{ 1 -I-) aI V) R> �j "i • rS a) -i O �i •s k1 �.-1 Il, U il4 t-1 (:1(l U h-i h-1 h-1 tH cl; i) •� Lz, 3 k) .Cl II I can be OI any further assistance please _et me know. Sincerely, Charles Hall General Manager :r IT) Ul (n W �3 t- J•�•U,O ro (D $' F-• (D �'• C ro W O t W rt ty F-., to O O' O W ty O' (D Hi (D X (D (D ty H• rt H, ty (t O O h W (D (� F-h (D (n rt rt OQ n (D H• (D 7 (D O ty 3 r-r H• (D t 1 73 (D (D �C w 'd rr D) (n (D rt W O F-• . -P- F-, (D ;y to Cn (D P H • rt 1-3 , C (D O' (v ;7' (D P.. P- (U :7 (T) O :7 (D u ty (➢ rt H• C O H • (D 7 rt cD w 'd F- O (D (D " O F✓ :1 (n kC ty (n P- ~3 - (D (D vl (D rr ro (]• (D rl- R, CD ty ty ty t-( F_.. ;] p (D P- •, G (n (D 0 In (D H. C) h.. 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BID #12937 PROPOSED MENU FOR THE 1994 SUMMER r.UNCH PROGRAM DAY ONE Poor Boy Sandwich 1 oz bologna 1 oz cheese 1/2 oz salami hot dog bun Lettuce/Tomato 1/4 cup Apple 1 whole each Cookie 2 each Chocolate Milk 1 cup (1/2 pint) DAY TWO Peanut Butter/Jelly Sandwich 1 oz peanut butter/jelly 2 slices bread Cheese Stick 1 oz american cheese Celery Stick 1/4 cup Raisins 1/2 cup Chocolate Milk 1 cup (1/2 pint) DAY THREE Ham and Cheese Orange Juice Mixed Fruit Cookie Chocolate Milk DAY FOUR Sandwich 1 oz turkey ham 1 oz american cheese 2 slices bread 4 oz 100% juice 3/8 cup 2 each 1 cup (1/2 pint) Pastrami and Swiss Sandwich 1 oz pastrami 1 oz swiss cheese 2 slices bread Potato Salad 1/4 cup Grapes 1/2 cup Cookie 1 each Chocolate Milk 1 cup (1/2 pint) DAY FIVE Turkey Sandwich z oz Lurxey 2 slices bread Lettuce/Tomato 1/4 cup Jello w/peaches 1/2 cup Chocolate Milk 1 cup (1/2 pint) DAY SIX Ham and Cheese Sandwich 1 1/2 oz ham 1/2 oz cheese 2 slices bread Lettuce/Tomato/Pickle Chips 1/4 cup Peaches 1/2 cup Cookies 2 each Chocolate Milk 1 cup (1/2 pint) DAY SEVEN Bologna and Cheese Sandwich 1 1/2 oz bologna 1/2 oz cheese 2 slices bread Apple Juice 4 oz 100% juice Pineapple Chunks 3/8 cup Brownie 1 each Chocolate Milk 1 cup (1/2 pint) DAY EIGHT Submarine Sandwich 1 1/2 oz bologna 1/2 cheese hot dog bun Lettuce/Tomato 1/4 cup Orange 1 whole each Popcorn Bag 1 each Chocolate Milk 1 cup (1/2 pint) DAY NINE Peanut Butter/Jelly Sandwich 1 oz peanut butter/jelly 2 slices bread Cheese Sticks 1 oz american cheese Carrot Sticks 1/4 cup Apple 1 whole each Jello w/peaches 1/2 cup Chocolate Milk 1 cup (1/2 pint) DAY TEN Turkey Sandwich Lettuce/Tomato Applesauce Orange juice Chocolate Milk DAY ELEVEN Ham and Cheese Potato Salad Fruit Cocktail Pickle Spear Chocolate Milk NOTES: L oz turkey L slices Dread i/4 cup i/4 cup i /4 cup i cup (1/2 pint) Sandwich i 1/2 oz ham 1/2 oz cheese hamburger bun 1/4 cup 3/8 cup 1/8 cup i cup (1/2 pint) Menu Would run on an eleven day cycle and begin again on the ILth day. F; to (D 110 X. ;77 x C) C) t3:1 (7 O x' 4- r••' • O o w Ili O tr w O w O I- P. (D w 10 w• C n� :- F 04 1 f!) rt 't3 to N• w (D Fes• (D I V) :3 (D In N• I 1-i (D F (D I H P. w r7 In 1 F-3 n S C" in to I lTJ B :3 'b f— I m (D 10 :3 IV w (D :3 (D It 111 (7) O 'U w " rt w w (D :3 w S x 'TJ (D n h h :3 (n r1 ►-• w tl (D :5' x' rt � fy+• ti :- (D O x' r I y ro oa (D 3 (n ty rt (D �i t'l) (,) -- (T •-a W Iv tom) -P• N) t") c) t,.) .X �-3 O 1 O i, 3 z t-3 3�V t-3 1 O .'-3 Imo• 00 O 1 0 xJ C`7 :L""' :I; t•-1 :I: I C3 �7 :3' :� C b I 3 C) 4r� 4r•> R, R�, R,, I 3 c (D D 3 I F-i ;F; I-•i ;F 4r� (D :T 1 0 0 r-i > D• D I O t-i M (D ;3 (D I Z I�3 w C t3 I71 C 'ty �� x' O (D (D (D z ry O (n V. ry (D rt U Lo t-i -E; sj • :3 (D ( L' ( t' I (- I :z: O Cy, I In O C_)I tTl t=] n- I (-n ur, Vt U) (D I tT1 rr1 I V) I V) (n to tt r i- 4 I t7 s- I U n f�) tv h) -' -' -' I F 3 C" n Iv K) -' -> -' I t-3 t-' I tT1 t=7 to (Jl C) (1i (_;) (.Ti I m t?J Tj 'T.) :> ;a• ;c• I ;z7 i7 ;ID ;a• ;a• I ;a :9: :3Z _ :-Z :? 1 GENERAL CONDITIONS READ CAREFULL_Ys TNSTRUCTiONS: These istructions apply to all bids and Ix come a part of the terms and oondition of any bid submitted unless bidder takes exception in writing wbm wbmrtung bids The City shall mean the City of Lubbock. Forms: Bids must be submitted on the form provided only and must be signed Identify the item bid, including brand name and model number, if applicable, in the C.o.L stock -amber oolum. En w unit and total prices in the columns provided. Bid Return: Each bid meat be sealed in an envelope clearly merited with "Bid Enclosed # " and addressed to City of Lubbock, Purchasing Office, P.O. Box 2000, Lubbock, TX. 79457. Bids: Bids must be in the Purchasing Office prior to the closing date and times NO LATE BIDS WILL BE ACCEPTED for any reason. Facsimile Bids: THE CITY WILL NOT ACCEPT FAX BIDS. Acceptance The right is reserved to accept orreject any or all ofher bids, waive minor to hoialities sad to accept the o@'er most advantageous to the City of Lubbock. The City of Lubbock reserves the right to accept or reject all or part of an offer sad to accept the offer the city considers the most advantageous to the city. Altunates are acceptable if in the city's opinion the necessary requirements are met Error -Quantity Bids must be submitted on units of quantity specified - extend and &bow total. In the event of discrepancies in exteruion, the unit price shall govern. Any suggestion as to quantity to secure a better price are welcome. entities: The quantities appearing in this request for bid are approximate only and the City reserves the right to increase, decrease or delete any or all nets If the quantities of materials to be furnished are increased, such increase shall be paid for according to the unit prices established for the item The succesdul bidder &hall have no claims against the City for anticipated profits for the quantities all for, diminished or deleted F.O.B. - Damaae: Bids will not be considered unles bid F.O.B. delivered and include all delivery and packaging coats, The City assumes no liability for goods delivered in damaged or uoaooeptable condition. The amooaaful bidder must handle all claims with carvers, and in case of damaged goods, shall ship replacement goods immediately upon notification by the City. Product Guarantee: Bidder guarantees equipment or product offered will mod or exceed specifiatiats identified in this bid invitation. The biddershall. upon request, replace any equipment or product proved to be defective and make any and all adjust mess nooes&ry without any expense to the City. If at any tiny, the equipment or product cannot satisfi cranny meet the requires of the specifications, the bidder shall upon written request from the City, pi on9tly remove such equipment or product without any further expense to the City. Firm Prices: Bid prices now be firm for a minimum of ninety (90) days Bids subject to price increases will not be considered. In case of discrepancy between the unit price and the exiemion. The unit price shall govern. Authorized Signature: By sighing and executing this bid, the bidder certifies and represents to the City the bidder has not offered, conferred or agreed to confer any poamiary benefit or other thing of value for the receipt of special treatment, advantage, rmfor nation, recipient's decision, opinion, re ominendabon. vote or any other exercise of discretion concerning this bid. Bids must show vendor name and address of bidder and be manually signed - Failure to do so will disqualify bid Person signing bid must show title or AL rMOR.ITY TO BIND HIS FIRM IN A CONTRACT. Withdrawal - Alteration of Bids: Bids CANNOT be -hared or amended after bid closing. Aheration made before bid closing must be initiated by bidder guaranteeing authenticity. No bid may be withdrawn a8ar bid closing without acceptable reason in writing and with the approval of the Purchasing Agent. Invoices: Seller shall submit separate invoices, in duplicate, on cub purchase order or ptirc haw release after each delivery. Invoices shall indicate the purchase order or purchase release -umber and the supply agreement number if applicable- Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading, and the freight waybill when applicable, shall be attached to the invoice. Mail to Purchasing Department, City of Lubbock, P.O. Box 2000, Lubbock. Texas 79457. Payment shall not be due until the above instruments are submraed after delivery. Cash Discounts: Normal payment terms are approximately 30 calendar days given that the goods and/or services received are in satisfactory condition. Any discounts available to the City or early payment should be noted Discounts may be considered in determining low bid Taxes: The City is exempt from Federal Excise, State Sales and Transportation taxes. TAX MUST NOT BE INCLUDED IN BID. Tax exemption oatifiates will be executed by the Purchasing Agent upon request Specifications: Any catalog, brand nsme or mani6clurds refarcom in the specifications is descriptive and NOT restrictive, and are used to indicate type and quality level desired Bids on brands of like nature &W quality may be cooiderod hnleas specifically excluded If bidding on other than reference or specifications, bid must &bow mamuf ac hm, brand, trade name, catalog and/or lot number, etc., on article offered and cc* article offered is equivalent to sperificaboas. If otherthan specified brand of items are offered, specifications, illustrations and complete descriptive literature must be submitted with bid unless previously filed with the Purchasing Agent. Minor deviation fihm written specification shall not necessarily disqualify a vendor's bid The City of Lubbock specification committee will be the We determiner of what constitutes a minor deviation. AAmroved Brands: The City may decal it neoeaary to specify Approved Brands after conclusive testing prior usage or standardization. The Citywill test any sampie(s), supplied five of charge, to qualify for the Approved Brand lisL Each sample must be marked with bidder's name and address. Al bidder s request and expense, the sample(s) not destroyed or used in examinations and testing will be resumed Samples: When specifications call for samples to be submitted, samples shall be delivered by the bidder, at bidders expense, five days prior to the opening of bids Each sample shall be clearly tagged to show bidders name and address and item number Warranty/Mai tsnance Agreement: Any information regarding warranties and/or maintenance agreements pertaining to said bid hem(s) are to be included in the bid. Delivery Promise/Penalties: Bids mutt show the number of calendar days required to place the materials in the City's receiving point under normal conditions. DO NOT quote shipping dates Failure to specify delivery time will obligate bidder to COMPLETE delivery in two weeks A minimum of five days better delivery will automatically break a tie bid. Unrealistically short or undue long delivery promises may cause bid to be disregarded Consistent failure of a bidder to meet his delivery promises without a valid reason may cause removal from the bid list When delivery delay can be foreseen, the bidder shall give prior notice to the Purchasing Agent, who shall have the right to extend the delivery date if reasons for delay appear acceptable. The bidder mast keep the Purchasing Officer informed at all times of the status of the order. Default on promised delivery, without acceptable reason:, or failure to mat specifications authorizes the Purchasing Olii w to purchase goods elsewhere and charge any increase in cost and handling to the defaulting bidder. Every effort will be made by the Purchasing Office to locate the goods at the same or better price as than originally contracted. Packaging Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently narked as follow: (a) Seller's name and address (b) Consignee's name, address and purchase order or purchase release number and the supply agreement number if applicable, (c) Container number and total number of containers, e.g., box 1 of 4 boxes, and (d) the number of the container bearing the packing slip. Seller shall bear oost of packaging unless otherwise provided Goods atoll be suitably pecked to some lowest transportation costs and to conform with requirements of common camera and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists Delivery Time: Deliveries will be accepted only during receiving hours: 9:00 A.M. - 330 P.M., Monday through Friday, except on City holidays, at the designated location. Tie Bids: In case of tie bids, preference will be given to local vendors. Consistent and continued tie bidding on any cornmodity could be cause for rejection of bids by the Purchasing Officer and/or investigation by the Attorney General to determine possible Anti -Trutt violations Non -Residers Bids: Before the City may award a bid to a nonresident bidder, the nonresident bidders bid must be lower than lowest bid submitted by a responsible Texas bidder by the same margin or amount that a Texas bidder would be required to underbid the nonresident bidder in the nonresident bidders' home state. No Warranty By Buyer Against Infringers tts: As part of this eonhact for We, Seller agrees to ascertain whether goods manufactured in accordance with the specifications ansched to this agreement will give rise to the rightful claim of any third person by way of infringeme t of the like. Buyer nukes not warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall Buyer be liable to Seller for indemnification in the event that Seller issued on the grounds of infingement or the hk& ItSeller is of the opinion that an infringement or the lice will result, he will notify the Buyer to this effect in writing within two weeks after the signing of" agreement If Buyer does not receive notice and is subsequently held liable for the in@ingemesit or the like, Seller will save Buyer harmless. If Seller in good faith ascertains the production of the goods in accordance with the specifications will result in infringement or the like, this contract shall be null and void Bid Evaluation: All bids are evaluated for compliance with specifications before the bid price is considered Response to specifications is primary in determining the best low bid. Failure to comply to the listed General Conditions may result in disqualification of bid Material Safety Data Sheets: Provide Material Safety Data Sheets (MSDS) for all chemicals to comply with provisions of the Texas Hazard Cormnunication Act, Title 89, Article 318b, Texas Civil Statutes. (This Act is corollary to OSHA Standard 29 CRF 1910.1200, which is generally known as the Right to Know Law.) Acknowledmnent of Amedments: Any changes, additions, or clarifications to bid requests are made by bid amendments (addenda} These addenda are sera to all bidden on our vendor register, and must be acknowledged upon receipt This is done by signing the addendum, and returning it with the completed Request for Bid form when the sealed bid is submitted Partial Awards: Unless the bid document specifies otherwise, Purchasing may award a contract for any item or group of items shown on the bid request Local Sources: Consideration maybe given to local bidders for services and local stocks when evaluating bids This consideration will be cortuneusurate with the economic benefits provided to the City wbm making such purchases. When the total coat factors for any or all bids is equal, the City may select equipmect, materials, supplies or services produced in the Lubbock area or offered by Lubbock bidders No other local preference other than that based on economic justification is allowable by State of Texas status (reference Attorney General of Texas opinion H-10961 Minority and Women Business Ertemrise: Minority and Women Buuinev Enterprises (M/WBE't) will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, as, or stational origin in consideration for an award. Persorn With Disabilities Needing Assistance: The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre -bid meetings and bid openings are available to all persons segardle n of disability. If you would lilts bid information made available in a more accessible fonrud or if you require assistance please contact the Purchasing Department at (806) 767-2167 (Monday -Friday, 9..00 - 5 00 p.m.) or 1625 13th Street Room L -04 at least 48 hours in advance of the meting. Shimnent Under Reservation Prohibited: Seller is not authorized to ship the goods under raervatim and no tender of a bUI of lading will operate as a tender of goods Tile & Risk Of Loss: The title and risk of loss of the goods &hall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery. No Replacement Of Defective Tads Every teats of delivery of goods mutt faulty comply with all promons ofthis contract as to time of delivery, quality and the hke- If a trader is made which does not fully conform, this shall constitute a breach and Sella shall not have the right to subsutute a conforming tender, provided, where the time for performance has not yet expand, the Sella may reasonably notify Buyer of his intention to cure and may then make a conforming tends within the eootract time but not afterwartL Gratuities: The Buyer may, by written notice to the Sella, cancel this contract without liability to Sella if it is determined by Buyer that gratuities, in the form of entertainment, gifts or othawne, were offered or given by the Sella, or any agent or representative of the Sella, to any officer or employee of the City of Lubbock with a view toward scarring a contract or securing favorable treatment with respect to the awarding or amending, or the making of any ddermioatiotn with respect to the performing of:itch a contract In the event this contract is canceled by Buyer pursuant to this provision. Buyer shall be entitled in addition to any other rights and remedies, to recover or withbold the amount of the coat insured by Seller in providing such gratuities SSpedal Tools & Test F.auitattertt If the price stated on the face hereof inchtd s the coat of any special tooling or special test equipment fabricated or required by Seller for the purpose of filing this order, such special tooling or equipment and any process sheds related thereto shall become the property of the Buyer and to the extent feasible shag be identified by the Sella as such Warranty -Price: a. The price to be paid by the Buyer shall be that contained in Salbid which Seller warrants to be no higher than Sella's current prices on orders by other for products of the kind and specification covered by this agreement for similar quantities under similar or like conditions and mdhods of purchase- In the event Sella breaches this warranty, the prices of the items shall be reduced to the Seller's current prices on orders by other, or in the alternative. Buyer may caooel this contract without liability to Seller for breach or Seller's actual expens& b. The Sella warrants that no person or selling agency has been employed or rdaiaed to solicit or secure this contract upon an agreement or understanding for commission. percentage brokerage, or contingent fee accepting boos fide employees of bona fide establisbed commercial or selling agencies maintained by the Sella for the purpose of securing business. For breach or violation of this warranty the Buyer shall have the right in addition to any other right or rights to cancel this contract without liability and to deduct fiom the contract price, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fen. Safety Warranty: Seller warrants that the product sold to the Buyer shall conform to the standards promulgated by the U. S. Department of Labor under the Occupational Safety and Health Ad of 1970. In the event the product does not conform to OSHA standards Buyer may return the product for correction or replacement at the Sell s expense. In the event Seller fails to make the appropriate correction within a reasonable time, correction made by Buyer will be at the Sellees expense Right Of Inspection: Buyer shall have the right to inspect the goods at delivery before accepting than, Cancellation: Buyer shall have the right to cannel for defauh all or any part of the uodelivaed portion of this order if Seller breaches any of the terms hereof including warranties of Sella or if the Seller becomes insolvent or commits acts or bankruptcy. Such right to cancellation is in addition to and not in lieu of any other natedies which Buyer may have in law or equity. Termination: The performance of work under this order may be terminated in whole, or in part by the Buyer in accordance with this provision Termination of work hereunder shall be edi2xxed by the delivery of the Sells of a 'Notice of Termination" specifying the extent to which performance of work under the order is terminated tad the date upon which such termination becomes effective. Such right of termination is in addition to and not in lieu of the rights to Buyer ad forth in Close 13, herein. Force Maieure: Neither patty shall be held responsible for looms, resuh4 if the fulfillment of any term of provisions of this contract is delayed or prevented by any cause not within the oontrol of the parry whose performance is interfered with, and which by the exercise of reasonable diligence said party is unable to prevent. Assignment -Delegation: No right or interest in this contract shall be assigned or delegation of any obligation made by Seller without the written permission of the Buyer. Any allemptod assignment or delegation by Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. Waiver. No claim or right arising out of a breach of this contract can be discharged in whale or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party. Interoretation-Parole Evidence: This writing, plus any specifications for bids and performance provided by Buyer in its advertisement for bids and any other document provided by Seller as pan of his bid, is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the tams of their agreemert. Whenever a term defined by the Uniform Commercial Code is used in this agreement, the definition contained in the Code is to eontz L Atmlicable Law: The agreement shall be governed by the Uniform Cotntnasial Code. Wherever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Texas as ediemve and in force on the date of this agreement. Right To Assurance: Whenever one party to this contract is good faith has reason to question the other party's intent to perform he may demand that the other party give written asauaace of this intent to perform. In the event that a demand is trade and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the oortract Indemnification: Sellerahall indemnify, defend, keep and save harmless the Buyer, its agents, officials ancl employees, against all injuries, deaths, loss, damages, claims. patent claims, alits, liabilities, judgments, costs and expenses, which may in anywise accrue against the Buyer in consequence of the granting of this Cootraet or which may anywise reach therefrom, whether or not it shall be alleged or determined that the act was caused throu gh negligence or omission of the Seller or its employees, or of the subcontractor or assignee or its employ ces, if any, and the Seller shall, at his own expense, appear, defend and pay all charges of attorneys tad all costs and other expenses arising therefrom or incurred in eormection therewith, and, if any judgment shall be rendered against the Buyer in any such action. the Seller shall, st its own expenses, satisfy discharge the same. Seller expressly understands and agrees that any bond requited by this contract, or otherwise provided by Seller, shall in ao way limit the responsibility to indemnify, keep and save harmless and defend the Buyer as herein provided Tune: It is'btseby expressly agreed and understood that time is aftbe a sseace for the performance of this contract, and failure by cor&= to meet the time spe auons of this agreement will cause Seller to be m dcfwk of this ageemwL CITY OF LUBBOCK BID # 1Zj37 The undawgwd hereby offers to fumnh and delrww the articles er saviors w spw&od at riser priori and tams herein stated and in stria accordance with the sp=fiatiom and gewal conditions of biddirg all of which am made a part of this offer. 'Ibis offs is not z*act to withdrawal. Delivery Terms: 9i Days: ACKNOWLEDGE receipt of ADDENDA Ill #2 #3 M M AMER OF CAt.MAR DAYS REQUMM TO KAa MA7ERIALS tN THE CM-S REMVM POD= UNDER NORMAL COM)morrS: Name of Business (Stamp may be used): %"Ul/ Si2✓17 i /i� l]%/7i /11j� Address: EGG/ S/,4ee .Pc� City. State: 7—X Zip 7*�%-/ DBE Firm: W. I I Blade Ameriew Native Amman M p.nie Amaiean L I Asian Pwfie Amaieao od. (Specify) Autho6zod Representative — anud sign by hand By 4 `4-1-/-s A41- // Authorized Represerbatrve — typed Business Telephone Number (YDe') 797 6065 THIS PROPOSAL IS VALID FOR 90 DAYS. W UNABLE TO QUOTE. PLEASE EXPLAIN: Do not sell this commodity. Bid dirocts by Manufacturer. Cannot meet specifications. Job too Large. Job too small Cannot provide required bonding Cannot provide required imttrrmoe. Bidding through dealer. Do not wish to do business with the City of Lubbock_ (Letterhead attacbed with explanation.) Fax Number flee) 797— G�G7 If unable to respond to this bid and you wish to continue to receive invitations to bid, please return this sheet to the following address: Purchasing Department City oflmbbock P.O. Box 2000 Lubbock, Texas 79457 4 Texas Department Form 16_E of Human Services SUMMER FOOD SERVICE PROGRAM January t9 INVITATION FOR BID AND CONTRACT Name of Sponsor Telephone No. (int. A/C) Cite of Lubbock (806) 767-2163 4opress (Street of P.O.Box, City, State, ZIP) P.O. Box 2000, Lubbock, Texas 79457 aid No. ( Bid Issue Date I Bid Opening Date ( Time of Opening lPiirr Location of Opening 12937 4/4/94 4,-"2 0/94 2 - 00 P _ M _ hAs i ng rr)nf Rnnm r r.Q4 :ontract Start Date Contract Expiration Date June 1 , 1994 1 Aug. 12, 19941 Bid Bond Percentage Required: D py; I Performance Bond Percentage Required: D ��e% BIDDER TO COMPLETE THIS SECTION Name of Bidder Telephone No. (inc. A/C) • '� Xfc' 7` ��rrs �m�/a/ G��nVi7�, _ l � /7-«e-3 Adaress (Street or P,O. Box, City, State, ZIP) Total Estimated Amount of Bid: Y Prompt payment discount of zti— % for payment within days. Name of Bidder's Representative (please type or print) Title Sig atu — jdder's Representative Date This document contains an invitation to food service management companies to bid for the furnishing of unitized meals to be served to child ren participating in the Summer Food Service Program for Children established by the United States Department of Agriculture Q CFR Par 225), and sets forth the terms and conditions applicable to the proposed procurement. Upon acceptance, this document shall constitute the contract between the bidder and the sponsor named above. ACCEPTANCE (sponsor to complete) :onirac: No. Name of Sponsor's Representative Title T. Signature—Sponsor's Representative TABLE OF CONTENTS Date SECTION A —CERTIFICATION OF INDEPENDENT PRICE DETERMINATION ........................... Page 2 SECTION B—INSTRUCTIONS TO BIDDERS ..................................................... 2 SECTION C—SCOPE OF SERVICES........................................................... 4 SECTION D—UNIT PRICE SCHEDULE AND INSTRUCTIONS ......................................... 4 SECTION E—GENERAL CONDITIONS......................................................... 7 SECTION F—GENERAL PROVISIONS......................................................... 8 SCHEDULE A: SITES .....................................................................11 SCHEDULES: MENU CYCLE...............................................................II SCHEDULE C: USDA REQUIRED MEAL PATTERNS...............................................12 Form 1628 Page 2 3EC71ON A —CERTIFICATION OF INDEPENDENT PRICE DETERMINATION (to be executed by bidder and sponsor) By submitting this offer, the offeror certifies and in the case of a joint offer, each party certifies for its own organization, that in connection with this procurement: .1. The prices in this offer have been arrived at independently, without consultation, communication or agreement with any other offeror or competitor about the prices for the purpose of restricting competition; 2. Unless required by law, the prices quoted in this offer have not been knowingly disclosed by the offeror and will not be dis- closed to any other offeror or competitor before opening for an advertised procurement or before award of a negotiated pro- curement: � 3. No attempt has been or will be made by the offeror to induce any person or firm to submit or not to submit an offer for the purpose of restricting competition. Each person signing this offer certifies that: 1. He is the person in the offeror's organization responsible for the.decision about the prices offered and that he has not and will not participate in any action contrary to (1) through (3) above; or 2. He is not the person in the offeror's organization responsible for the decision about the prices being offered but has been authorized in writing to act as an agent for that person. As the agent, he certifies that the responsible person as well as him- self has not and will not participate in any action contrary to (1) through (3) above. I �- 01Y S gnature— idler' "prized Representavve Date Title ,,�f i The sponsor certifies that the sponsor's officers, employees, or agents have not taken any action which may have jeopardized the independence of the offer referred to above. i Signature—Sponsor's Authorized Representative Date SECTION B—INSTRUCTIONS TO BIDDERS 1. Definitions A. The term "bid" means the bidder's offer. B. The term "bidder" means a food service managemerrr company submitting a bid in response to this invitation for bid. C. The term "contractor" means a successful bidder who is awarded a contract by a Sponsor of the Summer Food Service Proaram for Children under contract with Texas Department of Human Services. D. The term "food service management company" means any commercial enterprise or nonprofit organization which contracts with a Sponsor to manage any aspect of the food service. Refere=s to a food service management company in this invita- tion for bid include vendors which contract with a Sponsor to prepare unitized meals with or without milk or juice. E. The term "invitation for bid", also referred to as IFB, means the document in which the procurement is advertised. In the case of this program, the IFB becomes the contract whrerr boar parties agree in writing to all terms and conditions of the IFS. F. The term "Sponsor" means the service institution which iasuee this IFS. G. The term "unitized meal" means an individual preportioned meal consisting of a combination of foods meeting the complete meal recuirements, delivered anc served as a unit, with or without milk or juice. The state agency may approve other excep- tions to the unitized meal such as separate hot and cold packs. Other terms have the meanings ascribed to them in the Summer Food Service Program Regulations. 2. Submission of Bids A. Bidders are expected to examine carefully the specifiazuens. schedules, attachments, terms and conditions of this IFB. Fail- ure to do so is at the bidder's risk. S. Bids must be submit-.ec in zholicate. 11 accepted, ;his IF3 becomes the contract. One copy of the contra= is forwarded to the success=u! odder with .ne notice of award. The copy marked "oricinal" will be coverning if there is a difference between ;hat copy am_- c;he., cozies submmned by the bidder. No chance in the specifications or general conditions are allowed. The bidder mus. initial erasures on tnis oid before submission. Failure to eo so may result in rejection of the bid. / rOrm - `_ C. Bics over 5100,000 must include a bona in the amount of 01b of the bid price. (The Sponsor inserts appropriate percentage from 5% to 10%. Sponsors should also insert this percentage on the IFB/Contract Face Sheet.) The bond must be executed by the contractor and a licensed surety company listed in the current Treasury Department circular 570. Bid bonds will be returned (a) to unsuccessful bidders as soon as practical after the bids are opened and (b) to the successful bidder upon execution of other contractural documents and acceptance of bonds required. The bid must be securely sealed in an envelope, addressed to the office issuing the IFB, and marked on the outside with the name of the bidder, bid number, and date and time of opening. 0. A copy of a current state or local health certificate for the food preparation facilities must be submitted with the bid. Failure to comply with any of the above is reason for rejection of the bid. 3. Explanation to Bidders If a bidder needs any explanation regarding the meaning or interpretation of the IFB specifications, etc., he must request it in writing before bid opening and early enough for a reply to reach all bidders before bid opening. Oral explanations or instructions given before the award of the contract are not binding. Any information given to a prospective bidder concerning an IFB will be given to all prospective bidders as an amendment of the IFB if the information is necessary for bidders to submit bids or if the lack of this information would be prejudicial to uninformed bidders. 4. Acknowledgement of Amendments to IF -Bs A bidder must acknowledge receipt of an amendment to an IFB by signing and returning the amendment. The acknowlecge- ment must be received before the hour and date specified for bid opening. 5. Discount Although a blank is provided for a time discount, prompt payment discounts offered for payment in less than twenty calendar days are not considered in evaluating offers for award. However, offered discounts of less than twenty days are taken if pay- ment is made within the discount period even though not considered in the evaluation of offers. 6. Bidders Having Interest in More Than One Bid If one person submits more than one bid by or in the name of a clerk, partner, or other person, all of his bids will be rejected. 7. Time for Receiving Bids Sealed bids must be deposited at the address specified on the IFB no later than the exact time and date indicated on the face of the IFB. Bids received before opening are securely kept, unopened. 8. Errors in Bids Bidders or their authorized representatives are expected to be informed about the conditions, requirements and specifications before submitting bids. Failure to do so is at the bidder's risk and he cannot secure relief on the plea of error. 9. Award of Contract A. The contract is awarded to the responsive and responsible bidder whose bid conforms to the IFB and is most aovantaeeous to the Sponsor, price and other factors considered. B. The Sponsor has the right to reject any or all bids and to waive informalities and minor irregularities in bias received. C. The Sponsor has the right to reject the bid of a bidder who previously failed to perform property or complete contracts of a similar nature on time. The Sponsor also has the right to reject the bid of a bidder who investigation shows is not in a position to perform the contract. 0. The Sponsor has the right to accept any bid within 30 days from the date of bid opening. 10. Bidder Registration Bidders must be registered by the Texas Department of Human Services. Bids from bidders who are not recistered as stipu- lated in 7 CFR 225.16(c) governing the Summer Food Service Program for Children are not consiaered for award, The bidder must attach a copy of the state's registration determination, 11. Late Bids, Modification of Bids. or Withdrawal of Bids A. Any bid received after the deadline for receipt is not considered unless it is received before the award is made and was sent by registered or certified mail not later than the fifth calendar day before the date specified for the receipt of bids. ("Example: The IFB requires receipt of bids by the 20th of the month. The bid must be mailed by the 15th or eariier.) B. Any modification or withdrawal of a bid is subject to the conditions in (A) above except that bids may be withdrawn by tele- gram. A bid also may be withdrawn in person by a bidder or his authorized representative, provided his identity is verified and he sicns a receipt for the bid- This applies aniy if the bid is withdrawn before the exact time set for receiot of bids. C. Tne only acceptable evidence to establish the mail date of a late bid, modification, or withdrawal sent by registered or certi- fiec mail is the U.S. Postal Service postmark on the wrapper or on the orivi receipt from the U.S. Postal Service. 11 tee aos,rnark noes not snow a legible date, the bic, modification or wrhorawal is considered late. (The term "postmark" means a orintec. stamoed, or other olaced impression that is readiiy ioenti able as suopiiee ane affixed on the cafe of maiiins by t:.S. Postal Service employees.) C. A late modification of an otherwise successfu bid to make the terms more favorable tc the Sponsor may be consieeree at any lime it is receiveC ana may be accepted. Form 1628 Page 4 SECTION C—SCOPE OF SERVICES 1. USDA — FNS 7 CPR Part 225. entitled Summer Food Service Program for Children, is incorporated by reference. 2. The contractor agrees to deliver unitized meals Inc1 Lis i ve • of milk and juice to locations in Sched- ule A subject to the terms and conditions of this solicitation. 3. All furnished meals must meet or exceed U.S. Department of Agriculture requirements in Schedule C. 4. The contractor must fumish meals ordered by the Sponsor during the period June 1 , 1994 to Aug. 12, 1994•• Meals must be served Five • • • days a week, as specified in Schedule A. 'Insert "inclusive" or "exclusive" as applicable. "Sponsor shall insert contract commencement date and expiration date. "'Sponsor small insert appropriate number of serving days. SECTION D—UNIT PRICE SCHEDULE AND INSTRUCTIONS 1. Bidders submit prices on the meal types meeting the contract specifications in Schedule C in the estimated range of quantities to be delivered to all of the sites stated in Schedule A. As an Example: ESTIMATED RANGE EST. NUMBER MEAL TYPE I OF SERVINGS PER DAY(MEALS) S I UNIT PRICE ESTIMATED RA GE S PER MEAL TOTAL Lunch I 3000 -over I 5 I S1.14 I S17.100.00 2000 -3000 1 5 1 1.16 1 14,500.00 1000 - 2000 1 15 1 1.20 1 27,000.00 500- 1000 1 •10 1 1.22 1 9,150.00 Below 500 1 5 1 1.25 1 3,125.00 Estimated Grand Total, Lunch I S70,875.00 A. Sponsor inserts appropriate range of meal servings based on historical data, if available. This is done for each meal type. The Sponsor may use his own discretion in choosing the number& ranges and should choose only the number of ranges which are appropriate for its meal servings. B. Sponsor fills in number of operating days during the contracted period arriticipated for each range shown for each meal type. C. Bidder inserts appropriate unit prices for the ranges selected by ttre Spar"im. D. Sponsor calculates estimated total. E. Bids are evaluated as follows (1) Determine the midpoint of each range by adding the two figures and dividing by two. In the case of the highest and lowest ranges, use the base figure (i.e., 500 or 3000). (2) Multiply the midpoint by the estimated serving dags of the range an&r"ultiply this product by the unit price far the range. (3) Add the totals for all ranges and a!i items to determine an estimated total contract price. For reimbursement procedures see Method of Payment under Section E — General Conditions. Form 1E=: Page 5 MATED RANGE EST. NUMBER MEAL TYPE ( OF SERVINGS (MEALS) SERVING DAYS I UNIT PRICE I ESTIMATED PER DAY I PER RANGE I PER MEAL TOTAL Form 162E Page 6 2. Pricing is based on the menus described in Schedule S. All bidders must submit bids on the same menu cycle provided by the Soonsor. Only the Sponsor may permit deviation from this menu cycle. Bid price must include the price of food components, milk, packaging, transportation, and all other related costs such as condiments and utensils. 3. Range of servings are the best known estimates for requirements during the operating period. The Sponsor may order more or less meals than estimateo at the beginning of the operating period. The contractor is paid the unit price rate for the average num- ber of actual meals celiverea each day for the payment period specified. (The Sponsor inserts whether the payment period is 14 days or one month.) Sponsor toes not guarantee orders for the quantities shown. The maximum number of meals is determined based on the approved level of meal service designated by the state agency for each site serving meals provided by the contrac- tor. 4. Evaluation of Bidders. Each bidder is evaluated on the following factors: A. Evidence that the bidder is registered with the state agency and is registered to deliver at least the number of meals esti- matec-to be required under the contract. B. Financial capability to perform a contract of the scope required. C. Adequacy of plant facilities for food preparation, with approved certification that facilities meet all applicable state and local health, safety and sanitation standards. D. Previous experience of the bidder in performing similar services. E. Other factors such as transportation capability, sanitation, and packaging. Bidders that do not satisfactorily meet the above criteria may be rejected as nonresponsible and not considered for award. Er. The unit prices of each meal type which the bidder agrees to furnish must be written in ink or typed in the blank space provided and must include proper packaging as required in the specifications and delivery cost to the designated sites. Unit prices include taxes, but any charges or taxes which are required to be paid under future laws must be paid by the bidder at no additional charge to the Sponsor. 6. Meal Orders Sponsors will order meals on Wednesday of the week preceding the week of delivery; orders are placed for the total number of days in the succeedino week and include breakdown totals for each site and each type of meal. The Sponsor reserves the right to increase or decrease the number of meals ordered on a forty-eight hour notice or less if mutu- ally agreed upon between the parties to this contract. 7. Menu -Cycle Change Procedure Meals will be delivered on a daily basis according to the menu cycle in Schedule B. Menu changes may be made only when aoreed upon by both parties. When an emergency exists which might prevent the contractor from delivering a specified meal component, he should notify the Sponsor immediately so substitutions can be agreed upon. The Sponsor may suggest menu changes which are within the contractor's suggested food cost periodically throughout the contract period. 8. Noncompliance The Sponsor has the right to inspect and determine the quality of food delivered and to reject any meals which do not comply with the requirements and specifications -of the contract: -The contra ctoris-nor-paid forunauthorized menu changes, incomplete meals, meals not delivered within the specified delivery time, and meals rejected because they do not comply with the specifica- tions. The Sponsor may obtain meals from other sources if meals are rejected due to any of the stated masons. The cc is responsible for any excess cost, but receives no adjustment if meals are procured at a lesser cost. The Sponsor or inspecting agency notifies the contractor in writing as to the number of meals rejected and the reasons for rejection. The program regulations provide that statistical sampling methods may be used to disallow payment for mee!s which are not served in compliance with Summer Food Service Program Regulations. If disallowances are made on the basis of statistical sam- pling, the Sponsor and the contractor are notified in writing by the state agency about the number of meals disallowed, the rea- sons for disallowance, and the methodology of the statistical sampling procedures used. 9. Specifications A. Packaging (1) Hot Meal Unit -Package suitable for rriainraining meals according to local health standards. Container and overlay should have an air -tight closure, be of nontoxic material, and be capable of withstanding temperatures of 400OF (204°C) or higner. (2) Cold Meal Unit or Unnecessary to Heat — Container and overlay to be plastic or paper and nontoxic. (3) Canons — Each certgn to be labeled_ label = include.: a. Processor's name and address (plant) b. Item identity, meal type c. Date of production d. Quantity of individual units per canon (4) Meals must be ceiivered with the following nonfood items: condiments. straws for milk, napkins, single service ware. etc. Sponsor will insert in the IF3 me types cf nonfogq items that are necessary for the meal. crrr B. Food Preparation Meals must be prepared under properiy controlled temperatures and assembled not more than 24 hours before delivery. C. Food Specifications Bids should be submitted based on the menu cycle included in Schedule B and include, as a minimum, the portions specified by the U.S. Department of Agriculture for each component of each meal in Schedule C of this contract. All meals must meet the food specifications and quality standards incorporated in the menu cycle (Schedule B). All meat and meat products, except sausage products, must be slaughtered, processed, and manufactured in plants inspected under a U.S. Department of Agriculture approved inspection program and bear the appropriate seal. All meat and meat products must be sound, sanitary, and free of objectionable odors or signs of deterioration on delivery. Product Specifications: Milk and milk products are oefined as "... fluid types of pasteurized flavored or unflavored whole milk or low -fat milk, or skim milk or cultured buttermilk which meet State and local standards for such milk ... All milk should contain vitamins A and D at the levels specified by the Food and Drug Administration and at levels consistent with State and local.standards for such milk." Milk delivered under this contract must conform to these specifications. SECTION E—GENERAL CONDITIONS 1. Delivery Requirements A. The contractor will make deliveries to each site according to the Sponsor's order. B. Meals will be delivered daily, unloaded, and placed in the designated site by the contractor's personnel at each of the loca- tions and times listed in Schedule A. C. The contractor is responsible for delivery of all meals and dairy products at the specified time. Adequate refrigeration or heat- ing will be provided during delivery of all food to ensure the wholesomeness of food at delivery according to state or local health codes. D. The Sponsor may add or delete sites. This is done by amendment of the Schedule A. The Sponsor will provide to the con- tractor a list of the food service sites approved by the state agency, along with the approved level for the maximum number of meals to be served in each site (7 CFR 225.8(b)6). The Sponsor will notify the contractor of all sites which have been approved, cancelled, or terminated subsequent to the submission of the initial approved site list and of any changes in the approved level of meal service for a site. This notification is provided within forty-eight hours or less if mutually agreed upon between the parties to this contract. 2. Supervision and Inspection The contractor will provide supervision at all times and will maintain constant quality control inspections to check for portion size, appearance, and packaging in addition to the quality of products. 3. Recordkeeping A. The contractor must prepare delivery tickets in triplicate: one for the contractor, one for the site personnel, and one for the Sponsor. Delivery tickets must be itemized to show the number of meals of each type delivered to each site. The Sponsor's designee at each site will check adequacy of delivery and meals before signing the delivery ticket. Invoices are accepted by the Sponsor only if signed by the Sponsor's designee at the site. B. The contractor must maintain records supported by delivery tickets, invoices, receipts, purchase orders, production records for this contract or other evidence for inspection and reference to support payments and claims. C. The contractor's books and records pertaining to this contract must be available for three years and 90 days frofn the date of submission of the final claim for reimbursement, or until the final resolution of any audits, for inspection and audit by representatives of the T DHS, representatives of the. U.S. Department of Agriculture, the Sponsor and the U.S. General Accounting Office at any reasonable time and place. 4. Method of Payment The contractor will submit itemized invoices to the Sponsor bi-weekly or monthly as specified. Each invoice must include a detailed account of the number of meals delivered at each site during the preceding two weeks or month. The Sponsor deter- mines the average number of meals delivered each day for the applicable period. Payment will be made at the unit price for that range. Each payment period is calculated and paid for independent of other payment periods. The contractor is not paid unless the required delivery receipts have been signed by the Sponsor's -designee at the site. The contractor will be paid by the Sponsor for all meals delivered according to the contract and the SFSP regulations. How- ever, neither the U.S. Department of Agriculture nor the TDHS assumes any liability for payment of differences between the number of meals delivered by the contractor and the number of meals served by the Sponsor that are eligible for reim- bursement 5. Inspection of Facility A. The Sponsor, DHS, and the U.S. Department of Agriculture (USDA) have the right to inspect the contractor's preparation facilities before award of a contract ano during the contract period without prior notice. These entitities have the rio_ht to oe present during preparation and delivery of meals. B. The contractor's facilities are subiec. to periodic inspections by the TDHS, USDA, state and local health departments, or any other agency designated to insoec: meal quality for the state. Inspections are accomplished in accordance wit,-. USDA regulations. C. The contractor must provide for periodic inspection of meals which it prepares by the local health department or an indepen- dent agency to determine bacteria levels. The bacteria levels must conform to the local health authority's bacteria level standares applied to cther estabiishmems in the locality. =orm 162C Pace a Performance and Bond Requirement The successful bidder must provide the Sponsor with a performance bond in the amount of % of the con- tract price. The bong must be executed by the contractor and a licensee surety company listed in the current Department of Treasury Circular 570. The bond must be furnisheo not later than 10 days followinq award of the contract. 'As requires by the state, but not less than 10% of the contract price an0 not more than 25`0. 7. Availability of Funds The Sponsor has the option to cancel this contract if the federal government withdraws funds for the Summer Food Service Program. It is further understood that, if the contract is cancelled, the Sponsor is responsible for meals that have already been assembled and delivered according to this contract. 8. Number of Meals and Delivery Times The contractor must provide exactly the number of meals ordered. Meals will be counted at all sites before they are accepted. Damaged or incomplete meals will not be included in determining the number of delivered meals. 9. Emergencies In emergencies, the contractor must immediately notify the Sponsor by telephone or telegraph of the following: (1) the impossi- bility of on -time oelivery; (2) the circumstance precluding delivery; and (3) a statement of whether or not succeeding deliveries will be affected. The contractor will not be paid for deliveries made later than ' 30 minutes hours after the specified meal time. Emergencies at the site which preclude use of meats are the Sponsor's concern. The Sponsor may cancel orders if the contrac- tor is given at least 48 hours notice. This time frame may be shortened if mutually agreed upon between the parties to this con- tract. Adjustments for emergencies affecting the contractor's ability to deliver meals, or the Sponsor's ability to use meals, for periods longer than 24 hours must be mutually worked out between the contractor and the Sponsor.. 'Sponsor shall set time in accordance with state aoency instructions. 10. Termination A. The Sponsor has the right to terminate this contract if the contractor fails to comply with any of the contract requirements. The Sponsor must notify the contractor and surety company, if applicable; of specific instances of noncompliance in writing. If the contractor has been notified of noncompliance with the terms of the contract and has not taken immediate corrective action, the Sponsor has the right, upon written notice, to immediately terminate the contract. The contractor or surety com- pany, if applicable, will be liable for any damages incurred by the Sponsor. The Sponsor will process a reprocurement action on a competitive basis to obtain a fair and reasonable price if the contractor was not requiree to be bonded in accordance with 7 CFR 225.16(j) and 225.16(k). B. The Sponsor may, by written notice to the contractor, terminate the contractor's right to proceed under tnis contract if the Sponsor finds that the contractor gave or offered gratuities in the form of entertainment, gifts or otherwise to any officer or employee of the Sponsor to secure a contract or favorable treatment in the awarding or amending of the contract. This is providing that facts exist which support -the -Sponsor's finding andare-available for review by any competent court. C. If this contract is terminated as provided in paragraph (8), the Sponsor is entitled (i) to pursue the same remedies against the contractor as it could pursue in a breach of the contract by the contractor, and 00 to a penalty in addition to any other dam- ages in an amount not less than three or more than 10 times the costs incurred by the contractor in providing any gratuities to any officer or employee. D. The rights and remedies of the Sponsor as provided in this clause are not exclusive and are supplemental to any other rights and remedies provided by law or this contract. 11. Subcontracts and Assignments The contractor may not subcontract for the total meal, with or without milk, or for the assembly of the meal. The contractor may not assign his contract or any interest in the contract withquttne advance written consent of the Sponsor. In the event of any assignment, the contractor rerrraim liable to the Sponsor as principal for the performance of all the obliga- tions under this contract. SECTION F—GENERAL PROVISIONS 1. Equal Opportunity (The following clause is appiicable unless this contract is exempt under the rules, regulations, and relevant orders of the Secre- tary of Labor (41 CFR ch. 60).) During the performance of this contract, the contractor agrees: A. To comply with Title VI of the Civil Richts Act of 1964 (Public Law 88-352), Section 504 of the Rehabilitation Act of 1973 (Public Law 90� 12), The Americans with Disabilities Act of 1990 (Public Law 101-336). and all amendments to each, and all reouiremems imposed by the regulations issued pursuant to these acts. In addition, the contractor agrees to comply with Title 40, Chapter 73, of the Texas Administrative Code. These provide in part that no persons in the United States shall, on the grounds of race, color, rational origin, sex, age, disability, political beliefs or religion be excluded from partic- ipation in, or denied, any aid, care, service or ether benefits provided by federal and/or state funding, or otherwise be subjected to discrimination. Form 1625 Pace 9 B. To comply with Texas Revised Civil Statutes Article 4419b-4, Sections 5.03 and 5.04 (relating to workplace and confiden- tiality guidelines regarding AIDS and HIV). C. To send to each labor union or representative of workers with which he has a collective bargaining agreement or other con- tract or understanding, a notice, to be provided by the agency Contracting Officer, advising the labor union or workers' repre- sentative of the contractor's commitments under this Equal Opportunity clause, and to post copies of the notice in conspicuous places available to employees and applicants for employment. D. To comply with all provisions of Executive Order No. 11246 of September 24, 1965, as amended by Executive Order 11375 of October 13, 1967, and with the rules, regulations and relevant orders of the Secretary of Labor. E. To furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, as amended by Execu- tive Order No. 11375 of October 13, 1967, and by the rules, regulations, and orders of the Secretary of Labor. The contrac- tor agrees to permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for investigation purposes to ascertain compliance with the rules, regulations, and orders. F. In the event of the contractor's noncompliance with the Equal Opportunity clause of this contract or with any of the stated rules, regulations, or orders, this contract may be canceled, terminated, or suspended, in whole or in part, and the contractor may be declared ineligible for further government contracts according to the procedures authorized in Executive Order No. 11246 of September 24, 1965, as amended by Executive Order 11375 of October 13, 1967. Other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, as amended by Executive Order 11375 of October 13, 1967, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. G. To include the provisions of paragraph (A) through (G) in every subcontract or purchase order unless exempted by rules, regu- lations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order No. 11246 of September 24, 1965, as amended by Executive Order No. 1 T375 of October 13, 1967, so these provisions will be binding upon each sub- contractor or vendor. The contractor agrees to take action with respect to any subcontract or purchase order as the contract- ing agency may direct to enforce these provisions, including sanctions for noncompliance. However, if the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of direction by the contracting agency, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 2. Clean Air and Water (Applicable only if the contract exceeds $100,000 or the Contracting Officer has determined that the orders under an indefinite quantity contract in any one year will exceed $100,000, or a facility to be used has been the subject of a conviction under the Clean Air Act (41 USC 1857c-8(c)(1)) or the Federal Water Pollution Control Act (33 USC 1319(c)) and is listed by EPA, or the contract is not otherwise exempt.) A. The contractor agrees: (1) To comply with all the requirements of section 114 of the Clean Air Act, as amended (41 USC 1857, et seq. as amended by Public Law 91-604) and section 308 of the Federal Water.Pollution Control Act (33 USC 1251, et. seq.. as amended by Public Law 92-500) respectively, relating to inspection, monitoring, entry, reports and information as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act and all regulations and guidelines issued hereunder before the award of this contract. (2) That no portion of the work required by this contract will be performed in a facility listed on the. Environmental Protec- tion Agency List of Violating Facilities on the date when this contract is awarded unless and until the EPA deletes the name of the facility from the listing. (3) To use his best efforts to comply with clean air standards and clean water standards at the facilities in which the con- tract is being performed. (4) To insert the substance of the provisions of this clause in any nonexempt subcontract, including this paragraph (AI(4). The terms used in this clause have the following meanings: (1) The term "Air Act" means the Clean Air Act, as amended (41 USC 1857 et seq., as amended by Public Law 91-604). (2) The term "Water Act" means Federal Water Pollution Control Act, as amended (33 USC 1251 et seq., as amended by Public Law 92-500). (3) The term "Clean Air Standards" means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted pursuant to the Air Act or Executive Order 11738, an applicable implementation plan as described in section 11 Old) of the Clean Air Act (42 USC 1857c-5(d)), an approved implementation procedure or plan under section 1 1 1 (c) or section 1 1 1(d), respectively, of the Air Act (42 USC 1857c-6(c)(d)), or an approved implementation procedure under section 1 12(d) of the Air Act (42 USC 1857c-7(d)). '(4) The term "Clear. Water Standards" means any enforceable limitation, control, condition, prohibition, standard, or other requirement which is promulgated pursuant to the Water Act or contained in a permit issued to a discharger by the Envi- ronmental Protection Agency or by a state under an approved program, as authorized by section 402 of the Water Act (33 USC 1342) or by local government to ensure compliance with pretreatment regulations as required by section 307 of the Water Act (33 USC 1317i. (5) The term "compliance" means compliance with ciean air or water standards. Compliance also means compliance with a schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency, or an Air or Water Pollution Control Agency according to the requirements of the Air Act or Water Act and regulations issued pursuant thereto. Form 162E Pace 1 C (6) The term "facility" means any building, plant, installation, structure, mine, vessel, or other floating craft, location or sites of operations, owned leased or supervised by a contractor or subcontractor to be used in a contract or subcon- trac-. If a location or site of operation contains or includes more than one building, plant, installation, or strurure, the entire location or site is considered as a facility unless the Director, Office of Federal Activities, Environmental Protec- tion Agency, aetermines that inaependent facilities are co -located in one geographical area. Clean Air avid Water Certification (Applicable if bid or offer exceeds $100,000 or the Contracting Officer has determined that orders under an indefinite ouantity contract in any year will exceed $100.000 or a facility to be used has been the subject of a conviction under the Clean Air Act (42 USC 1857c-8(c)(1)) or the Federal Water Pollution Control Act (33 USC 1319(c)) and is listed by EPA, or is not otherwise exempt.) The bidder certifies that: A. Any facility to be used in the performance of the proposed contract ❑ has © has not been listed on the Environmental Protection Agency List of Violating Facilities. B. He will promptly notify the -Contracting Officer, before award of the contract, about any communication from the Director, Office of Federal Activities, U.S. Environmental Protection Agency, indicating that a facility which he proposes to use is under consideration to be listed on the EPA List of Violating Facilities. C. He will include substantially this certification, including this paragraph (C) in every nonexempt subcontract. 4. Contracts. Contracts shall recognize mandatory standards and policies relating to energy cnnservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). ZB go ZA 3A 33 6 U .F� A 4A Ij5 IA 643 SCIIEUULL A -SITES WIIERE PROGRAM WILL OPERATE Sponsor Name Food Service Management Company City of Lubbock Sheet of NAME OF SITE ADDRESS TELEPIIONE NO. tIOLDING FACILITIES TYPEIS) OF MEALS APPROVED LEVEL OF MEAL SERVICE DELIVERY TIME FOR EACII MEAL TYPE BEGINNING DATE ENDING DATE DAYSOF WEEK Yes No 1st & Temple Park Site X Lunch 80 12:10 6/1/94 8112194 M-F Hollins Park Guadalupe Neighbor- nood Center 102 Avenue P X Lunch 105 12:00 6/1/94 8112194 M-F Burns Park 23rd & Avenue L Park Site X Lunch 75 11:50 6/1/94 8112194 M-F Copper Rawlings Community Center 40th & Avenue B 767-2704 X Lunch 125 12:20 6/1/94 8112194 M-F Pioneer Park 6th & Avenue T. Park Site X Lunch 135 12:15' 6/1/94 8112194 M-F Woods Community Center Zenith & Erskine 767-2698 X Lunch 70 11:50 6/1/94 8112194 M-F Mae Simmons Community Center 23rd & Oak 767-2700 X Lunch 125 12:10 6/1/94 9112194 M-F Chatman Park 27th & Ivory -Park Site X Lunch 75 12:00 6/1/94 9112194 M-F Rodgers Community Center 3200 Amherst 767-2702 X Lunch 140 12:20 6/1/94 /12/94 M-F Carlisle Park 26th & Avenue W Park Site X Lunch 60 11:15 6/1/94 /12794 M-F Skyview 3808 N. Ivory 767-271'2 X Lunch 30 11:45 6/1/94 /12/94 M-F TOTAL 1,020 0 UA 0 Or - ry -• m SCsiFniit F R_FI FVFN nAV MFNII rVrI F ISnnnsnr shall attach a usmus eveln Inr eacls site I Form 1628 HEDULE C—USDA REQUIRED MEAL PATTERNS Page 12 e meal requirements for the Summer Food Service Program are desioned to orovide nutritious and well-balanced meals to each cniid. eept as otherwise provided in Section 225.21 (b) of the Summer Food Service Prooram reguiations, the following tables present the nimum requirements for meals served to children in the Prooram. akfast—IThe minimum amount of food compon- Lunch or Supper —The minimum amount of food Supplemental Food —The minimum amount of food s to be served as breakfast are as follows: components to oe served as lunch or supper are as components to be served as supplemental food are follows: as follows. Select two of the following four com- ponents. (Juice may not be served when milk is served as the only other component.) Vegetables and Fruits getable(s) and/or fruit(s).. Ya cup Z or II-strengh vegetable or uit juice .............. Yz cup (4 ft. oz.) or i equivalent quantity of any combination of egetable(s), fruit(s), and juice. Bread and Bread Alternates 3 lad .................. 1 slice or rnbread, biscuits, rolls, uff ins, etc. °.......... 1 serving or Id dry cereal." ......... '. cup or 1 oz. or 3ked cereal or cereal ains................. '/a cup or Aed pasta or noodle oducts...............% cup or equivalent quantity of any combination of 'ead/bread alternate. Milk t, fluid .............. 1 cup (Ya pint, 8 ft. oz.) Meat and Meat Alternates (optional) n meat or poultry or �................... 1 oz. or ese................. 1 oz. or L................ 1 large egg or ked dry beans or peas...'/ cup or lut butter............ 2 Tbsp or equivalent quantity of any combination of at/meat alternate. Meat and Meat Alternates Lean meat or poultry or fish .................. 2 oz. or Cheese ................. 2 oz. or Eggs .................. 1 large egg or Cooked dry beans or peas.. 1 cup 2 or Peanut butter........... 4 Tbsp or An equivalent quantity of any combination of meat/meat alternate. Vegetables and Fruits Vegetable(s) and/orfruit(s)A.'4 cup total Bread and Bread Alternates 7 Bread ................. 1 slice or Cornbread, biscuits, rolls, muffins, etc ............ 1 serving or Cooked pasta or noodle products..............''/a cup or Cooked cereal grains..... Yz cup or An equivalent quantity of any combination of bread/bread alternaie. Milk Milk, fluid, served as a beverage ............... 1 cup (Ya pint, 8 ft. oz.) Meat and Meat Alternates Lean meat or poultry or fish .................... 1 oz. or Cheese........'.......... 1 oz. or Eggs ................... 1 large egg or Cooked dry beans or peas.... Yz cup Z or Peanut butter ............. 2 Tbsp or An equivalent quantity of any combination of meat/meat alternate. Vegetables and Fruit Vegetable(s) and/orfruit(s).. a.: cup or Full-strengh vegetable or fruit juice .............. /: cup (6 ft. oz.) or An equivalent quantity of any combination of veoetable(s), fruit(s), and juice. Bread and Bread Alternates 3 Bread ................... 1 slice or Cornbread, biscuits. rolls, muffins, etl~s, ........... 1 serving Orr • Cold dry cereal.. .......... a.: cup or 1 oz. or Cooked cereal............ Ya cup or Cooked pasta or noodle From cts............... Yz cup or Cooked cereal grains...... 14 cup or An equivalent quantity of any combinatimo'f bread/bread- alternate. Milk 7 Milk, fluid ............... 1 cup (Yz pint, 8 ft. oz.) vildrm? age 12 and up may be served adult -size portions bated on the greater food needs of older boys and girls, but shall be served not less than the minimum tantities specified in this section. ar the purpose of The requirement outlined in this subsection, a cup means a standard measuring cuo. tad, pasta, or noodle proou=, cereais, and cereal grains (such as rice, bulgur, or corn grits) shall be whole -grain or enriched: combread, biscuits, rolls, udfrrtz. eta shall be rna" wtt.'t wnple- rain or enricher. meal or flour: cereal shall be wnole-grain, enriched, or fortified. Wve two or more kinds of vegetableis) and/or fruitls) or a combination of both. Full-strength vegerable or fruit juice may be counrec to meet not more an aria -half of this reauuement. Irving sixes and equivalents To be published in guidance materials by FNS. tlsar volume (cup) or weight (oz), whichever is less. ilk shall be served as a beverage or on cereal, or used in part for each purpose. Attachment Food Service company must use a commerical type food container that will transport food and hold food at the appropriate temperature.