HomeMy WebLinkAboutResolution - 2006-R0234 - Contract For Meal Services For Summer Lunch Program - ARAMARK Educational Serv. - 05_25_2006Resolution No. 2006-RO234
May 25. 2006
Item No. 5.12
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 Contract for meal services
for the 2006 Summer Lunch program, by and between the City of Lubbock and
ARAMARK Educational Services, Inc., and related documents. Said Contract is attached
hereto and incorporated in this resolution as if fully set forth herein and shall be included
in the minutes of the City Council.
Passed by the City Council this 25th day of May , 2006.
DAVID A. MILLER, MAYOR
ATTEST:
a Garza, City
APPROVED AS TO CONTENT:
r'-; ff Lh 4, &0� 24"t�ca-
kIn—WiTmesdell
Community Services Director
APPROVED AS TO FORM:
T-6hn M. Knight
Assistant City Attorney
X/ccdocs/Aramark Summer Lunch.res
4/27/06
Texas Health and Human Summer Food Service Program Form H1621
Services Commission Invitation for Bid and Contract (FNS-688) January 200E
Resolution No. 2006—R0234
Section A
This document contains an invitation to food service management companies to bid for the furnishing of unitized meals to be served to
children participating in the Summer Food Service Program (SFSP) authorized by Section 13 of the National School Lunch Act, and
operated under Part 225 of the U.S. Department of Agriculture (USDA) regulations. This document sets forth the terms and conditions
applicable to the proposed procurement. Upon acceptance it shall constitute the contract between the bidder and the Sponsor named
below.
Public reporting burden for this collection of information is estimated to average 39 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed and completing and reviewing the collection of
information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to Department of Agriculture, Clearance Officer, OIRM, Room 404-W, Washington, D.C. 20250; and to the Office of
Information and Regulatory Affairs, Office of Management and Budget, Washington, D.C. 20503.
Sponsor Information
Name
Sponsor Agreement Number
1152-1004
City of Lubbock
Address (Street, City, State, ZIP Code)
PO Box 2000, Lubbock, TX 79457
Area Code and Telephone No.
Contact Person
( 806 ) 775 — 2685
Nancy Neill
Contract Dates
Commencement
Expiration
1
May 30, 2006
August 4, 2006
Bid Bond Percentage Required (Sponsor shall insert appropriate percentage from 5% to 10%)
Bid Opening
Bid Issue Date
Bid Number
7Aril
Date
Time
May 31, 2006
106-031 -MA
18, 2006
3:00 .m.
Location
City of Lubbock, PO Box 2000, Lubbock, TX 79457
Meal Service Bids
Sponsor to enter estimated number of meals. Fixed unit price bids to be inserted by the bidder.
Fixed Unit Price Bid Sponsor's Estimated Totals
Per Meal No. of Meals
Breakfast......................................................................... $ -0- X -0- $
Snack............................................................................... $ -0- X -0- $
Lunch/Supper................................................................... $ 2.22 X 18,460 $ 40981.20
Estimated Total $ 40981.20
Prompt Payment Discount (To be inserted by the bidder) 0 % for payment within 0 days
Performance Bond Percentage Required (State agency shall insert appropriate percentage from 10% to 25%)
Bidder Information
Name
Area Code and Telephone No.
ARAMARK Educational Services, Inc.
972 462 — 6011
Address (Street, City, State, ZIP Code)
c/o Lubbock Christian University, 5601 19`h Street, Lubbock, TX 79407
Sigri�turr�(ly ink}
Name (Print or Type)
X
Angel Herrera
Title
Date
April 18,2006
Acceptance
Sponsor Signature (In Ink
Date Z `
Contract Number
Sponsor Name (P n or Type)
Sponsor Title
tqt3t-1r t4-P-A
_
� v-NA a r
Summer Food Service Program Form H162
Invitation for Bid (Continued) Page 2 / 01-200
Certificate of Independent Price Determination
Section B
(A) By submission of this offer, the offeror certifies and in the case of a joint offer, each part thereto certifies as to 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, for the purpose of
restricting competition, as to any matter relating to such prices with any other offeror or with any competitor;
(2) Unless otherwise required by law, the prices which have been quoted in this offer have not been knowingly disclosed by the
offeror and will not knowingly be disclosed by the offeror prior to opening in the case of an advertised procurement, or prior to
award in the case of a negotiated procurement, directly or indirectly to any other offeror or to any competitor;
(3) No attempt has been made 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.
(B) Each person signing this offer certifies that:
(1) He or she is the person in the offerors organization responsible within that organization for the decision as to the prices being
offered herein and that he or she has not participated, and will not participate, in any action contrary to (A) (1) through (A) (3)
above; or
(2) He or she is not the person in the offeror's organization responsible within that organization for the decision as to the prices being
offered herein, but that he or she has been authorized in writing to act as agent for the persons responsible for such decision in
certifying that such persons have not participated and will not participate, in any action contrary to (A) (1) through (A) (3) above,
and as their agent does hereby so certify; and he or she has not participated, and will not participate, in any action contrary to (A)
(1) through (A) (3) above.
Stg „f:,=uFlcnzt{Ep ti?%e Title Date
Regional Vice President Aril 18, 2006
In accepting this offer, the sponsor certifies the ponsor's officers, employees or agents have not taken any action, which may have
jeopardized the independence of the offer ref ed t above.
Signa of ons David A. Miller Date
Mayor
(Accepting a bidder's offer does not constitute acceptance of the contract.)
Note: Sponsor and Bidder shall execute this Certificate of Independent Price Determination.
Section C Attest:
1. Definitions
As used herein: R becca Garza, City Secretary
(a.) Bid — the bidder's offer.
(b.) Bidder — a food service management company submitting a bid in response to this invitation for bid.
(c.) Contractor — a successful bidder who is awarded a contract by a Sponsor under the SFSP.
(d.) Food Service Management Company — any commercial enterprise or nonprofit organization with which a sponsor may contract for
preparing unitized meals, with or without milk, for use in the Program, or for managing a sponsor's food service operations in
accordance with the SFSP regulations. Food service management companies may be: (a) public agencies or entities; (b) private, non-
profit organizations; or (c) private, for profit companies.
(e.) Invitation for Bid (IFB) — the document where the procurement is advertised. In the case of this Program, the IFB becomes the contract
once both parties agree in writing to all terms and conditions of the IFB.
(f.) Sponsor — the Service Institution which issues this IFB.
(g.) Unitized Meal — an individual proportioned meal consisting of a combination of foods meeting the SFSP pattern requirements,
delivered as a unit with or without milk or juice. The State agency may approve exceptions to the unitized meal such as separate hot
and cold packs.
Other terms shall have the meanings ascribed to them in the SFSP regulations (7 CFR Part 225).
2. Submission of Bids
(a.) Bidders are expected to examine carefully the specifications, schedules, attachments, terms and conditions of this IFB. Failure to do so
will be at the bidder's risk.
(b.) Bids must be executed and submitted in triplicate. If accepted, this IFB will become the contract and one copy of the contract will be
forwarded to the successful bidder with the notice of award. The copy marked "original" will be governing should there be a variance
between that copy of the bid and the other two copies submitted by the bidder. No changes in the specifications or general conditions
are allowed. Erasuresr
II copies must be initialed by the bidder prior to submission. Failure to do so may result in rejection of the
bid.
Appr d content: Approv d
Rangy True dell, Comm. Serv. Dir. n M. Kiight, st. ity Attorney
Summer Food Service Program Form H162
Invitation for Bid (Continued) Page 3 / 01-2001
Section C (continued)
(c.) Bids over $100,000 shall include a bid bond in the amount of n/a % of bid price. (Sponsor shall insert appropriate
percentage from 5% to 10%.) Sponsor should also insert the percentage on the IFB/Contract Face Sheet. Only those bonding and
surety companies contained in the current Treasury Circular 570 may be used to obtain the required bonding. The Treasury Circular is
published annually, for the information of Federal bond -approving officers and persons required to give bonds to the United States. All
certificates of Authority expire June 30, and are renewable July 1, annually.
Bid bonds will be returned (a) to unsuccessful bidders as soon as practicable after the opening of bids and (b) to the successful bidder
upon execution of such further Contractual documents and bonds as may be required by the bid as accepted. The bid must be
securely sealed in a suitable 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.
(d.) A copy of a current State or local health certificate for the food preparation facilities shall be submitted with the bid.
Failure to comply with any of the above shall be reason for rejection of the bid.
3. Explanation to Bidders
Any explanation desired by a bidder regarding the meaning or interpretation of the IFB specifications, etc., must be requested in writing
prior to bid opening and with sufficient time allowed for a reply to reach all bidders before bid opening. Oral explanations or instructions
given before the award of the contract will not be binding. Any information given to a prospective bidder concerning an IFB will be furnished
to all prospective bidders as an amendment of the IFB, if such information is necessary to bidders in submitting bids on the IFB, or if the
lack of such information would be prejudicial to uniformed bidders.
4. Acknowledgement of Amendments to IFBs
The sponsor must acknowledge receipt of an amendment to an IFB by a bidder by signing and returning the amendment. Such
acknowledgement must be received prior to the hour and date specified for bid opening.
5. Bidders Having Interest in More Than One Bid
If more than one bid is submitted by any one person, by or in the name of a clerk, partner, or other person, all such bids shall be rejected.
6. Time for Receiving Bids
Sealed bids shall be deposited at the Sponsor's address no later than the exact time and date indicated on the face of this IFB. Bids
received prior to the time of opening will be securely kept, unopened.
7. Errors in Bids
Bidders or their authorized representatives are expected to fully inform themselves as to the conditions, requirements and specifications
before submitting bids; failure to do so will be at the bidder's own risk and relief cannot be secured on the plea of error.
8. Award of Contract
(a.) The contract will be awarded to that responsible bidder whose bid is lowest and conforms to the specifications of the IFB.
(b.) The Sponsor reserves the right to reject any or all bids and to waive informalities and minor irregularities in bids received.
(c.) The Sponsor reserves the right to reject the bid of a bidder who previously failed to perform properly, or complete on time, contracts of
a similar nature, or the bid of a bidder who investigation shows is not in a position to perform the contract.
(d.) Sponsor reserves the right to accept any bid within 30 days from the date of bid opening.
9. Late Bids, Modification of Bids or Withdrawal of Bids
(a.) Any bid received after the exact time specified for receipt of bids will not be considered unless it is received before award is made, and
it was sent by registered or certified mail not later than the fifth calendar day prior to the specified date (e.g. a bid submitted in
response to an IFB requiring receipt of bids by the 20th of the month must have been mailed by the 15th or earlier).
(b.) Any modification or withdrawal of bid is subject to the same conditions as in (a) above, except with withdrawal of bids by telegram is
authorized. A bid may also be withdrawn in person by a bidder or an authorized representative, provided identity is made known and
he or she signs a receipt for the bid, but only if the withdrawal is made prior to the exact time set for receipt of bids.
(c.) The only acceptable evidence to establish the date of mailing of a late bid, modifications or withdrawal sent either by registered or
certified mail is the U.S. Postal Service postmark on the wrapper or on the original receipt from the U.S. Postal Service. If neither
postmark shows a legible date, the bid, modification or withdrawal shall be deemed to have been mailed late. (The term "postmark"
means a printed, stamped, or otherwise placed impression that is readily identifiable without further action as having been supplied
and affixed on the date of mailing by employees of the U.S. Postal Service).
(d.) Notwithstanding the above, a late modification of an otherwise successful bid which makes its terms more favorable to the Sponsor will
be considered at any time it is received and may be accepted.
Summer Food Service Program Fonn H1628
Invitation for Bid (Continued) Page 4 / 01-2006
Scope of Services
Section D
(A) USDA regulations 7 CFR Part 225, entitled Summer Food Service Program is hereby incorporated by reference.
(B) Contractor agrees to deliver unitized meals * inclusive of milk or juice to locations set out in Schedule A, attached hereto
and made a part of hereof, subject to the terms and conditions of this solicitation.
(C) All meals furnished must meet or exceed USDA requirements set out in Schedule C, attached hereto and made a part hereof.
Food Service Management Companies may prepare unitized meals, with or without milk, for use in Summer Food Service Program.
(D) Contractor shall furnish meals as ordered by Sponsor during the period of ** May 30, 2006 to ** August 4 2006 Meals
are to 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 shall insert appropriate number of serving days.
Unit Price Schedule and Instructions
Section E
1. Bidders are asked to submit prices in accordance with Schedule(s) D for meals with/without milk* meeting the contract specifications set
forth in Schedule C and to be delivered to all the sites stated in Schedule A. Please note that bidders must complete a Schedule D for each
meal type (breakfast, lunch, supplement, etc.) covered by the IFB.
* Sponsor should indicate whether or not milk should be included in the meals/supplements.
2. Evaluation of Bids will be performed as follows:
Determine the grand total bid for each bidder by totaling the bids for each meal type from Schedule(s) D. Bidders calculations will be
checked prior to totaling.
3. Pricinq shall be on the menus described in Schedule B. All bidders must submit bids on the same menu cycle provided by the Sponsor.
Deviation from the menu cycle shall be permitted only upon authorization of the Sponsor. Bid price must include the price of food
components (including milk and/or juice, if part of unitized meal), packaging, transportation and all other related costs (e.g. condiments,
utensils, etc.).
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 shall 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.
4. Average Daily Number of Meals are estimated: They are the best known estimates for requirements during the operating period. The
Sponsor reserves the right to order more or less meals than estimated at the beginning of the operating period. Contractor will be paid at
the 100% unit cost rate during the payment period specified. (The Sponsor should indicate in Section F, Item 4, "Method of Payment,*
whether the payment period is weekly, bi-weekly or monthly). Sponsor does not guarantee orders for quantities shown. The maximum
number of meals will be determined based on the approved level of meal service designated by the administering office for each site
serving meals provided by the contractor. However, if average meals delivered per day by type over the contract period fall 90% of the
applicable average daily estimate, adjustments will be made to the per unit price in accordance with Schedule D.
5. Evaluation of Bidders: Each bidder will be evaluated on the following factors:
a. Financial capability to perform a contract of the scope required.
b. Adequacy of plant facilities for food preparation, with approved license certification that facilities meet all applicable State and local
health, safety and sanitation standards.
C. Previous experience of the bidder in performing services similar in nature and scope.
d. Other factors such as transportation capability, sanitation and packaging.
Bidders that do not satisfactorily meet the above criteria may be rejected as nonresponsive and not be considered for award.
6. Meals Orders: Sponsor will order meals on ** n/a of the week preceding the week of delivery; orders will be placed for
the total number of operating days in the succeeding week, and will 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 *** 24 hour notice, or less if
mutually agreed upon between the parties to this contract.
7. Meals -Cycle Change Procedure: Meals will be delivered on a daily basis in accordance with menu cycle which appears in Schedule B.
Menu changes may be made only when agreed upon by both parties. When an emergency situation exists which might prevent the
contractor from delivering a specified meal component, the Sponsor shall be notified immediately so substitutions can be agreed upon. The
Sponsor reserves the right to suggest menu changes within the vendor's suggested food cost, periodically throughout the contract period.
** Insert mutually agreed day
*** Sponsor shall insert appropriate number of serving days.
Summer Food Service Program
Invitation for Bid (Continued)
Form H162
Page 5 / 01-2001
Section E (continued)
8. Noncompliance. The Sponsor reserves the right to inspect and determine the quality of food delivered and reject any meals which do not
comply with the requirements and specifications of the contract. The contractor will not be paid for unauthorized menu changes, incomplete
meals, meals not delivered within the specified delivery time period, and meals rejected because they do not comply with the specifications.
The Sponsor reserves the right to obtain meals from other sources, if meals are rejected due to any of the stated reasons. The contractor
will be responsible for any excess cost, but will receive no adjustment in the event the meals are procured at lesser cost. The Sponsor or
inspecting agency shall notify the contractor in writing as to the number of meals rejected and the reasons for rejection.
The SFSP regulations provide that statistical sampling methods may be used to disallow payment for meals which are not served in
compliance with Program regulations. In the event that disallowances are made on the basis of statistical sampling, the Sponsor and the
contractor will be notified in writing by the administering agency as to the number of meals disallowed, the reasons for disallowance, and
the methodology of the statistical sampling procedures employed.
9. Specifications
(A) Packaging:
1. Hot Meal Unit— Package suitable for maintaining meals in accordance with local health standards. Container and overlay should
have an air -tight closure, be of non -toxic material, and be capable of withstanding temperatures of 400 degrees (204 degrees C)
or higher.
2. Cold Meals Unit (or Unnecessary to Heat) — Container and overlay to be plastic or paper and non -toxic.
3. Cartons — Each carton to be labeled. Label to include:
a. Processor's name and address (plant).
b. Item Identity, meal type.
c. Date of production.
d. Quantity of individual units per carton.
4. Meals shall be delivered with appropriate nonfood items: condiments, straws for milk, napkins, single service ware, etc. Sponsor
shall insert the types of nonfood items that are necessary for the meals to be eaten:
Single Service Ware
Napkins
Condiments
(B) Food Preparation:
Meals shall be prepared in accordance with State and local health standards.
(C) Food Specifications:
Bids are to be submitted on the menu cycle included in Schedule B; and portions shall, as a minimum, be the quantities specified by
USDA for each component of each meal, as included in Schedule C of this contract.
All meals in the menu cycle must meet the food specifications and quality standards. All meat and meat products shall have been
slaughtered, processed and manufactured in plants inspected under USDA 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.
Milk and milk products are defined as "pasteurized fluid types of flavored or unflavored whole milk, low -fat milk, 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 consistent with State and local standards for such milk." Milk delivered hereunder shall conform to
these specifications.
General Conditions
Section F
Delivery Requirements
A. Delivery will be made by the contractor to each site in accordance with the order from the Sponsor.
B. Meals are to be delivered daily, unloaded, and placed in the designated location by the contractor's personnel at each of the sites
and times listed in Schedule A.
C. The contractor shall be responsible for delivery of all meals and/or dairy products at the specified time. Adequate refrigeration or
heating shall be provided during delivery of all food to insure the wholesomeness of food at delivery in accordance with State or
local health codes.
D. The Sponsor reserves the right to add or delete food service sites by amendment of the initial lists approved sites in Schedule A,
and make changes in the approved level for the maximum number of meals which may be served under the Program at each site
(established under Section 225.5 (dX2) of the SFSP regulations). The Sponsor shall notify the contractor by providing an
amendment to Schedule A, of all sites which are approved, cancelled, or terminated subsequent to acceptance of this contract,
and of any changes in the approved level of meal service for a site. Such amendments shall be provided within
24 hours or less.
2. Supervision and Inspection
The contractor shall provide management supervision at all times and maintain constant quality control inspections to check for portion
size, appearance and packaging, in addition to the quality of products_
Summer Food Service Program
Invitation for Bid (Continued)
Form H1621
Page 6101-200E
Section F (continued)
3. Recordkeeping
A. Delivery tickets must be prepared by the contractor at a minimum of three copies: 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.
Designees of the Sponsor at each site will check adequacy of delivery and meals before signing the delivery ticket. Invoices shall
be accepted by the Sponsor only if signed by Sponsor's designee at the site.
B. The contractor shall 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 books and records of the contractor pertaining to this contract shall be available for a period of three years from the date of
submission of the Sponsor's final claim for reimbursement, or until the final resolution of any audits, for inspection and audit by
representatives of the State agency, representative 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 shall submit its itemized invoices to the Sponsor ** n/a in compliance with Section 225.5(hx2xiv) of the
SFSP regulations. Each invoice shall give a detailed breakdown of the number of meals delivered at each site during the preceding period.
The Sponsor shall calculate the average number of meals delivered each day for the applicable period. Payment will be made at the unit
price shown for that range. Each payment period will be calculated and paid for independent of other periods. No payment shall be made
unless the required delivery receipts have been signed by the site representative of the Sponsor.
The contractor shall be paid by the Sponsor for all meals delivered in accordance with this contract and SFSP regulations. However,
neither the Department nor the State agency 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 reimbursement.
5. Inspection of Facility
A. The Sponsor, the State agency and USDA reserve the right to inspect the contractor's facilities without notice at any time during
the contract period, including the right to be present during preparation and delivery of meals.
B. The contractor's facilities shall be subject to periodic inspections by State and local health departments or any other agency
designated to inspect meal quality for the State. This will be accomplished in accordance with USDA regulations.
C. The contractor shall provide for meals which it prepares to be periodically inspected by the local health department or an
independent agency to determine bacterial levels in the meals being served. Such levels shall conform to the standards which are
applied by the local health authority with respect to the level of bacteria which may be present in meals served by other
establishments in the locality.
6. Performance Bond Reauirement
The successful bidder shall provide the Sponsor with a performance bond in the amount of *** n/a % of the contract
price. The bond shall be executed by the contractor and a licensed surety company listed in the current Department of Treasury Circular
570. Only those bonding and surety companies contained in the current Treasury Circular 570 may be used to obtain the required bonding.
The Treasury Circular is published annually, for the information of Federal bond -approving officers and persons required to give bonds to
the United States. All certificates of Authority expire June 30, and are renewable July 1, annually.
The Bond shall be furnished not later than ten days following award of the contract.
7.Insurance
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General Conditions of
the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory to the City. Proof of coverage
shall be furnished to the City and written notice of cancellation or any material change will be provided ten (10) days in advance of
cancellation or change. All policies shall contain an agreement on the part of the insurer waiving the right to subrogation.
The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as hereinafter
specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried with an insurance
company authorized to transact business in the State of Texas and shall cover all operations in connection with this contract, whether
performed by the Contractor or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. A
certificate of insurance specifying each and all coverages shall be submitted prior to contract execution.
Contractor's and subcontract insurance polices through policy endorsement must include wording, which states that the policy
shall be primary with respect to any insurance carried by City of Lubbock. The certificate of insurance described below must
reflect that the above wording is included in evidenced policies. In the event the contractor will not have work done on this
project by a subcontract, a statement to that effect should be submitted. It shall be the contractors responsibility to provide to
the owner all proof of coverage insurance documents including workers compensation coverage for each subcontractor.
A. Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limits of $500,000 Combined Single Limit in the
aggregate and per occurrence to include:
Summer Food Service Program
Invitation for Bid (Continued)
Form H16Z
Page 71 01-200r
Section F (continued)
Products & Completed Operations Hazard
Contractual Liability
Personal & Advertising Injury
Fire Damage (Any one Fire)
B. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than;
$300,000 Combined Single Limit,to include all owned and nonowned cars including: Employers Nonownership Liability
Hired and Nonowned Vehicles. The City is to be named as a primary additional insured on this policy for this specific job
and copy of the endorsement doing so is to be attached to the Certificate of Insurance.
C. Umbrella Liability Insurance
The Contractor shall have Umbrella Liability Insurance in the amount of $ 0.00 on all contracts with coverage to
correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages.
D. Worker's Compensation - The Contractor shall elect to obtain worker's compensation coverage pursuant to Section 406.002
of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the term of the Contract and shall
comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said coverage. Any
termination of worker's compensation insurance coverage by contractor or any cancellation or non -renewal of worker's
compensation insurance coverage for the Contractor shall be a material breach of this Contract." The contractor may maintain
Occupational Medical and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be endorsed
to include a wavier of subrogation in favor of the CITY OF LUBBOCK. The Contractor shall also provide the CITY OF
LUBBOCK proof of Employers' Liability in an amount no less than $500,000 will be included with the certificate.
8. Availability of Funds
The Sponsor reserves the right to cancel this contract it the Federal funding to support the SFSP is withdrawn. It is further understood that,
in the event of cancellation of the contract, the Sponsor shall be responsible for meals that have already been assembled and delivered in
accordance with this contract.
9. Number of Meals and Delivery Times
The contractor must provide exactly the number of meals ordered. Counts of meals will be made by the Sponsor at all sites before meals
are accepted. Damaged or incomplete meals will not be included when the number of delivered meals is determined.
10. Emergencies
In the event of unforeseen emergency circumstances, the contractor shall immediately notify the Sponsor by telephone or telegraph of the
following: (1) the impossibility of on -time delivery; (2) the circumstance(s) precluding delivery; and (3) a statement of whether or not
succeeding deliveries will be affected. No payments will be made for deliveries made later than **** one hours after
specified meal time.
Emergency circumstances at the site precluding utilization of meals are the concern of the Sponsor. The Sponsor may cancel orders
provided it gives the contractor a least ***** 24 hours notice or less if mutually agreed upon between the parties to this
contract.
Adjustments for emergency situations affecting the contractor's ability to deliver meals, or Sponsor's ability to utilize meals, for periods
longer than 24 hours will mutually worked out between the contractor and Sponsor.
**Sponsor shall insert "weekly," bi-weekly" or "monthly.'
***Insert percentage required by the State, but not less than 10% of the contract price and not more than 25%.
**** Sponsor shall set time in accordance with Stage agency instructions.
***** Insert same number as in Section F-1.D.
11. Termination
A. The Sponsor reserves the right to terminate this contract if the contractor fails to comply with any of the requirements of this
contract. The Sponsor shall notify the contractor and surety company, if applicable, of specific instances of noncompliance in
writing.
The Sponsor shall have the right, upon such written notice, to immediately terminate the contract and the contractor or surety
company, if applicable, shall be liable for any damages incurred by the Sponsor. Prior to termination, the Sponsor shall contact the
State agency or regional office concerning procedures for conducting a reprocurement action.
Summer Food Service Program
Invitation for Bid (Continued)
Form H162
Page 8 J 01-2001
Section F (continued)
B. The Sponsor may, by written notice to the contractor, terminate the right of the contractor to proceed under this contract. If it is
found by the Sponsor that gratuities in the form of entertainment, gifts or otherwise were offered or given by the contractor to an
officer or employee of the Sponsor with a view toward securing a contract or securing favorable treatment with respect to the
awarding or amending of the contract; provided that the existence of the facts upon which the Sponsor makes such findings shall
be an issue and may be reviewed in any competent court.
C. In the event this contract is terminated as provided in paragraph (B) hereof, the Sponsor shall be entitled to (1) pursue the same
remedies against the contractor as it could pursue in the event of the breach of the contract by the contractor, and (2) as a penalty
in addition to any other damages in an amount which shall not be less than three nor more than ten times the cost incurred by the
contractor in providing any such gratuities to any such officer or employee.
D. The right and remedies of the Sponsor provided in this clause shall not be exclusive and are in addition to any other rights and
remedies provided by law or under the contract.
12. Subcontractors and Assignments
The contractor shall not subcontract for the total meal, or for the assembly of the meal; and shall not assign, without the advance written
consent of the Sponsor, this contract or any interest therein.
In the event of any assignment, the contractor shall remain liable to the Sponsor as principal for the performance of all obligations under
this contract.
General Provisions
Section G
Equal Opportunity
"The FSMC shall comply with Title VI of the Civil Rights Act of 1964, as amended, USDA regulations implementing Title IX of the Education
Amendments, and Section 504 of the Rehabilitation Act of 1973, and any additions or amendments."
Clean Air and Water
If this contract is in excess of $100,000, the Sponsor and FSMC shall comply with all applicable standards, orders, or regulations issued
pursuant to the Clean Air Act of 1970 (42 USC 1857), or the Federal Water Pollution Control Act (33 USC 1319), as amended.
Summer Food Service Program
Invitation for Bid (Continued)
Form H1628
Page 9 / 01-2006
U. S. Department of Agriculture
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 125-19, Debarment and Suspension, 7 CFR Part 3017,
Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register
(pages 4722-4733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency with which this
transaction originated.
(Before completing certification, read instructions at the bottom of this page.)
(1.) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency.
(2.) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
Organization Name
ARAMARK Educational Services, Inc.
PR/Award Number or Project Name
Summer Lunch Program
Name of Authorized Representative
Angel Herrera
Title of Authorized Representative
Regional Vice President
Si niir,o Ruth , .. l?�?ate
Date
April 18, 2006
Name of Authorized Representative
Title of Authorized Representative
Signature of Authorized Representative
Date
Instructions for Certification
1. By signing and submitting this form, the prospective lower tier participant is providing the certification set out in accordance with these
instructions.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered
into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any
time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by
reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary
covered transaction," "principal," "proposal" and "voluntarily excluded," as used in this clause have the meanings set out in the
Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it
shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated.
6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions," without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it
is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is
erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant
may, but is not required to, check the Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith
the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters
into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in
this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this
transaction originated may pursue available remedies, including suspension and /or debarment.
Summer Food Service Program
Invitation for Bid (Continued)
Form H1628
Page 10 / 01-2006
Schedule A
U. S. Department of Agriculture - Food and Nutrition Service
Site Information List (Page 1 of 2)
Summer Food Service Program
Sponsor Name
Contact Person
Area Code and Telephone
No.
City of Lubbock
Nancy Neill
806 775 — 2685
Address (Street, City, State, ZIP Code)
PO Box 2000, Lubbock, TX 79457
Refri . All Meals
Begin Date
(1)
End Date
(2)
Total Days
Op.
(3)
Meal Type
(4)
Average
Meals/Day
(5)
Total Meals
(6)
Delivery Time for
Each Meal Type
7)
Center
Yes/No
Maggie
Trejo
3200
Amherst
No
May 30,
2006
August 4,
2005
48
Breakfast
AM Supplement
Lunch
100
4800
11:15 am
PM Supplement
Supper
Copper
Rawlins
213 40
No
May 30,
2006
August 4,
2006
48
Breakfast
AM Su lement
Lunch
65
3120
10:45 am
PM Supplement
Supper
Mae
Simmons
E 23fd and
Oak
No
May 30,
2006
August 4,
2006
48
Breakfast
AM Supplement
Lunch
80
3840
11:45 am
PM Supplement
Supper
Phea
Boys & Girls
Club
1801
E 24th
No
May 30,
2006
August 4,
2006
48
Breakfast
AM Su lement
Lunch
50
2400
12 Noon
PM Supplement
Supper
Harwell
Elementary
1404
Ave D
Yes
June 1,
2006
June 23,
2006
17
Breakfast
AM Supplement
Lunch
60
1020
10:45 am
PM Supplement
Supper
Bean
Elementary
3001
Ave N
Yes
June 1,
2006
June 23,
2006
17
Breakfast
AM Supplement
Lunch
35
595
10:30 am
PM Supplement
Supper
Ramirez
Elementary
702
Ave T
Yes
June 1,
2006
June 23,
2006
17
Breakfast
AM Supplement
Lunch
45
765
11:00 am
PM Supplement
Supper
Summer Food Service Program
Invitation for Bird (Continued)
Form H1628
Page 11 / 01-2006
Schedule A
U. S. Department of Agriculture — Food and Nutrition Service
Site Information List (Page 2 of 2)
Summer Food Service Program
Sponsor Name Contact Person Area Code and Telephone No.
City of Lubbock Nancy Neill 806 775 — 2685
Address (Street, City, State, ZIP Code)
PO Box 2000, Lubbock, TX 79457
Refri . All Meals
Begin Date
(1)
End Date
(2)
Total Days
Op.
(3
Meal Type
(4)
Average
Meals/Day
(5)
Total Meals
(6)
Delivery Time for
Each Meal Type
(7)
Center
Yes/No
MHMR
Woods
Center
5
N Zenith
No
May 30,
2006
August 4,
2006
48
Breakfast
AM Supplement
Lunch
40
1920
11:30 am
PM Supplement
Supper
❑
❑
Breakfast
AM Supplement
Lunch
PM Supplement
Supper
❑
❑
Breakfast
AM Supplement
Lunch
PM Supplement
Supper
❑
❑
Breakfast
AM Supplement
Lunch
PM Supplement
Supper
❑
❑
Breakfast
AM Supplement
Lunch
PM Supplement
Supper
❑
❑
Breakfast
AM Supplement
Lunch
PM Supplement
Supper
❑
❑
Breakfast
AM Supplement
Lunch
PM Supplement
Supper
Summer Food Service Program
Invitation for Bid (Continued)
Form H1621
Page 12101-200E
Instructions for Completion of Schedule A
Site Information List
1. Enter sponsor's name in upper left-hand corner.
2. Use correct street address for all sites listed.
3. Check "Yes" if site has adequate refrigeration to store all meals ordered and could receive early deliveries.
4. Under columns (1) and (2), enter the beginning and ending dates for meal service at each site.
5. Under column (3), enter the total number of days meals will be served at each site.
6. Enter in column (6) beside the appropriate meal type, the average number of each type of meal that is estimated to be served each
day at the site. For example, if a site plans to serve 11,000 lunches for 44 days during the summer, then the average is 250 (11,000
44). Do not insert the maximum number that will be served on a particular day during the summer.
7. Enter in column (8) the result of column (3) times column (5).
8. Enter in column (7) the delivery time for each meal type.
When estimating the Average Meals Served Per Day (Column (5)), use the average from the prior summer if the site was in operation at
that time.
Since Schedule A must be completed well in advance of the application deadline, it is recognized that changes will occur in the data by the
time the program begins. However, be as accurate as possible since the data is used by the vendor to arrive at his bid prices. The vendor
awarded the bid will accept changes after the bid opening.
Summer Food Service Program
Invitation for Bid (Continued)
Form H162!
Page 13 / 01-200E
Schedule B
Summer Food Service Program
Menu Cycle*
Summer Lunch Menu
City of Lubbock
Day 1 Poor Boy
1 oz — bologna
loz —cheese
%oz — Salami
1 sandwich bun
'/4 cup — Lettuce/tomato
1 whole apple
1 cookie
1 cup — Chocolate Milk
Day 2 Peanut Butter/Jelly Sandwich
1 oz — Peanut Butter/Jelly
2 Slices — Bread
1 oz —American cheese
Y< cup — Celery stick
1 whole apple
1 cup —Chocolate Milk
Day 3 Turkey Ham & Cheese Sandwich
1oz —Turkey Ham
1 oz —American cheese
2 Slices — Bread
4oz — Orange Juice — 100%
3/8 cup — mixed fruit
2 — cookies
1 cup —Chocolate Milk
Day 4 Pastrami & Swiss Sandwich
1oz —Turkey Pastrami
1 oz — Swiss cheese
2 Slices — Bread
Y< cup — Potato Salad
1 whole orange
1 cookie
1 cup — Chocolate Milk
Day 5 Ham & Cheese Sandwich
loz - Ham
1 oz —American cheese
2 Slices — Bread
Y, cup — lettuce, tomato, pickle chips
'/2 cup — peaches
2 cookies
1 cup — Chocolate Milk
Day 6 Bologna & Cheese Sandwich
1 oz — Bologna
loz — Cheese
2 Slices — Bread
4oz Apple juice — 100%
318 cup — Pineapple Chunks
1 brownie
1 cup — Chocolate Milk
Day 7 Turkey & Swiss Sandwich
1 oz — Turkey
1 oz — Swiss cheese
2 Slices — Bread
Y< cup — Lettuce%romato
1 whole orange
1 cookie
1 cup — Chocolate Milk
* Sponsor shall attach a menu cycle for each site.
Summer Food Service Program
Invitation for Bid (Continued)
Form H1621
Page 14 / 01-200f
Schedule C
Summer Food Service Program
USDA Required Meal Patterns
The meal requirements for the Program are designed to provide nutritious and well-balanced meals to each child. Except as otherwise
provided in Section 225.16(b) of the SFSP regulations, the following table presents the minimum requirements for meals served to children
in the Program.
Breakfast
Milk....................................................... ................................................................................................1 cup
FluidMilk................................................................................................................................. (1/2 pint)
Vegetables and Fruits
Vegetables and/or fruits or................................................................................................................... Y2 cup
full strength vegetable or fruit juice....................................................................................................... Y2 cup
(Or an equivalent quantity of any combination of vegetables, fruits and juices)
Juices cannot be served with milk
Bread and Bread Alternates
Bread (Whole -grain or enriched) or...................................................................................................... 1 slice
Bread Alternates (whole -grain or enriched):
cornbread, biscuits, rolls, muffins, etc. or.............................................................................................1 serving
cooked pasta or noodles products or...................................................................................................'/2 cup
cooked cereal grains, such as rice,
corngrits, or bulgur or.......................................................................................................................... Y2 cup
(whole -grain, enriched, or fortified):
cooked cereal or cereal grains or.......................................................................................................... 1/ cup
cold dry cereal...................................................................................................................................... % cup or 1 ounce (whichever is less)
(or an equivalent quantity of a combination of bread or bread alternates)
(Optional) Serve as often as possible:
Meat and Meat alternates .............................
(See lists under Lunch or Supper)
................................................................................. 1 ounce
Summer Food Service Program
Invitation for Bid (Continued)
Form H1628
Page 15 / 01-2006
Schedule C (continued)
Snack (Supplemental Food)
Choose two items from the following four components:
Meat and Meat Alternates
Lean meat or poultry or fish or...............................................................................................................1 ounce (edible portion as served)
Meat Alternates:
Cheeseor..............................................................................................................................................1 ounce
Eggor....................................................................................................................................................1 large
Cooked dry beans or peas or.. ................................................................................................................ 1/< cup
Peanut butter or other nut or seed butters or..........................................................................................2 tablespoons
nutsand/or seeds or..............................................................................................................................1 ounce
Yogurt (plain, sweetened, or flavored)...................................................................................................4 ounces
(or an equivalent quantity of any combination of meat or meat alternates)
Vegetables and Fruits
Vegetables and/or fruits or.....................................................................................................................3/4 cup
full strength vegetable or fruit juice........................................................................................................3/4 cup
(Or an equivalent quantity of any combination of vegetables, fruits and juices)
Juices cannot be served with milk
Bread and Bread Alternates
Bread (Whole -grain or enriched) or.........................................................................................................1 slice
Bread Alternates (whole -grain or enriched):
cornbread, biscuits, rolls, muffins, etc. or...............................................................................................1 serving
cooked pasta or noodle products or.......................................................................................................1/2 cup
cooked cereal grains, such as rice, corn grits, or bulgur or....................................................................% cup,
(whole -grain, enriched, or fortified):
cooked cereal or cereal grains or...........................................................................................................1/2 cup
cold dry cereal........................................................................................................................................% cup or 1 ounce (whichever is less)
(or an equivalent quantity of a combination of bread or bread alternates)
Milk.............................................................................................................1 cup
Fluid Milk.............................................................................. . (1 /2 pint)
Summer Food Service Program
Invitation for Bid (Continued)
Form H1628
Page 16 / 01-2006
Schedule C (continued)
Lunch or Supper
Milk.........................................................................................................................................................1 cup
FluidMilk ............................ ....................................................................................................................(1/2 pint)
Meat and Meat Alternates
Lean meat or poultry or fish or...............................................................................................................2 ounces (edible portion as served)
Meat Alternates:
Cheeseor ................................ ..............................................................................................................2 ounces
99....................................................................................................................1 large
Cooked dry beans or peas or..................................................................................................................'/ cup
Peanut butter or other nut or seed butters or.......................................................................................... 4 tablespoons
nuts and/or seeds...................................................................................................................................1 ounce = 50%
(or an equivalent quantity of any combination of meat or meat alternates)
Vegetables and Fruits
Vegetables and/or fruits (2 or more selections for a total of 9/ cup) or ................................................... 3/4 cup
full-strength vegetable or fruit juice........................................................................................................314 cup
(or an equivalent quantity of any combination of vegetables, fruits and juice)
Juice may not be counted to meet more than % of this requirement.
Bread and Bread Alternates
Bread (Whole -grain or enriched) or.........................................................................................................1 slice
Bread Alternates (whole -grain or enriched):
cornbread, biscuits, rolls, muffins, etc. or...............................................................................................1 serving
cooked pasta or noodle products or.......................................................................................................1/2 cup
cooked cereal grains, such as rice corn grits, or bulgur......................................................................... V cup
(or an equivalent quantity of a combination of bread or bread alternates)
* No more than one-half of the requirement shall be met with nuts or seeds. Nuts or seeds shall be combined with another meat/meat
alternate to fulfill the requirement.
Note: The serving sizes of food specified in the meal patterns are minimum amounts. If the administering agency approves the sponsor to
serve smaller portion sizes to children under 6 years, the sponsor must meet the meal patterns specified in the Child Care Food Program
(CCFP) regulations. You can obtain copies of these regulations from your State agency. Children over 6 years old may be served larger
portions, but not less than the minimum requirements specified in the Summer Food Service Program regulations. Remember that you do
not receive reimbursement for meals that do not meet the minimum program requirements.
Summer Food Service Program
Invitation for Bid (Continued)
Form H1628
Page 17 / 01-2006
Schedule D
Instructions:
Vendor: Complete Items (d) and (a) for each meal type.
Sponsor: Complete Items (a) — (c) for each Meal Type.
Total Meals X Cost = Total Cost.
Sponsor
City of Lubbock
Unit Price Schedule
1
2
3
(a) Meal Type
(b) Average Daily
(c) Total Number
(d) Unit Cost
(e) Total Bid
i.e., Lunch
Meals Needed
of Meals
Lunch
385
18,460
$ 2.22
$ 40981.20
Adjustments
If the average daily meals billed is less than the average daily meals needed (per Item (b) above), a one time adjustment to the unit price
will be made as follows:
Average Daily Meals Billed
Average Daily Meals Needed
Multiply "Unit Cost' (d)
by this Amount
81 — 90% 1.05
71 — 80% 1.10
61 —70% 1.15
51 — 60% 1.20
50% or Below 1.30
Example: If the average daily meals billed _ by the "average daily meals needed" (Item (b) above) _ .82 or 82%, multiply the "unit cost"
(Item (d) above) by 1.05.
The contractor will invoice the sponsor at the 100% unit cost indicated above bi-weekly. To determine if an additional cost per meal is due
the vendor, complete the following calculation. Divide the total number of meals billed by type (lunch, breakfast or supplement) for the total
length of the program by the total number of days the program was operated. Any additional charges resulting from this higher "adjustment'
will be reflected in the final statement from the vendor.
Note: The unit cost per meal may not exceed the maximum operational reimbursement for each meal type as stated in Part 7 CFR 225 of
the federal regulations.
1. Obtained from Columns (3) and (5), Schedule A, by dividing total meals for each specific meal type by the greatest number of days
operated by a site in Column (3).
2. Obtained from Schedule A by totaling Column (5) for each specific meal type.
3. Unit cost specified is that cost based on 100% Average Meals Needed Per Day.
Summer Food Service Program Form H162E
Invitation for Bid (Continued)
Page 18 / 01-200E
Schedule D—I Sponsor
City of Lubbock
Summary Bid Sheet
Meal Type
Total Number Meals
Unit Cost
Total
Breakfast
$
$
AM Supplement
$
$
Lunch
18,460
$ 2.22
$ 40981.20
PM Supplement
$
s
Total
18,460
$ 2.22
$ 40981.20
Unit cost must be identical to those unit costs listed on the Unit Price Schedule (Schedule D).