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HomeMy WebLinkAboutResolution - 2004-R0245 - Contract For A Summer Food Service Program - Aramark Educational Services, Inc. - 05_25_2004Resolution No. 2004—EP245 May 25, 2004 Item No. 37 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 a Summer Food Service Program, by and between the City of Lubbock and Aramark Educational Services, Inc. of Lubbock, Texas, 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 ATTEST: (QAk�e�� Re ecca Garza, City Secretary APPROVED AS TO CONTENT: %�t6l Victor Kilman, Pt6hasing Manager APPROVED AS TO FORM: City Attorney gs/ccdocs/res-Contract-Aramark Educational Servs.res May 7, 2004 SUMMER FOOD SERVICE PROGRAM INVITATION FOR BID AND CONTRACT SECTION A Resolution No. 2004-RO245 This document canard an hvaatilon to' food service' 1 ma "Illo nt companNs to Did for the fanlshhp of unitized �f mW3 to be served to chldren participating in the Su Tner Food Service ." %w arfl CSFSP) authorbW by Section 13 of the Nati" Sdtod Lurch Act. and operated under Port '225 of the U& Deparanent Of Agrkxttture LGDA) reguiatiorn. This dmnwd son forth the tend and COndltionts applicable to the proposed pros rernent. Upon acceptance 11 altar combuto the Contract between tW bidder and the Sponsor tuned below. SPONSOR SPONSOR AGREEMENT NUMBER 152• IOD4 NAME . i1w e-.(- ;DDAESTilncluds Cay. State. ZIp Code) PO BO�X/��1�0'0�(0 TELEPFIOPE NUMBER CONTACT PERSON • CONTRACT DATM COMMENCEMENT J EXPIRATION _Am& uitM BD BOW PERCENTAGE REQUIRED (Sponsor shall insert appropriate percentage from 5% to 10%) Pudic reporting burden for this collection of Information is esthatod to average 39 hours per response. including the the for reviewrg instrucilom searching existing data sources. gathering and maintaining the data needft and c0niplating and reviewing the collection of infonnatlont. Send Camtenis regarding this burden estinate or any other aspect of this collection Of infomlt bN heludhg suggestions for reducing tMs burden 10 Depwmwm of Agriculture. Clearance Officer. OIRM. Room 404-W. Washington. D.C. 20250: and to the Office of inforrnation and Regulatory Affair. Office of Management and Budget. Washington. D.C. 20503. BD ISSUE DATE 4/14/04 DATE 4/14/04 TIME 2 pm BD NUMBER 049-04/RS LOCATION UN OF LUbhock APO %= WbbDa tTX 194S I SPONSOR TO ENTER ESTIMATED NUMBER OF MEALS. FIXED UNIT PRICE BIDS TO BE INSERTED BY TFE BDDER. Fixed Unit sponsors Price Bid Estimated TOTALS Per Meal a of Meets BREAKFAST $ X S Ll NCWSLPPER S 2.12 X 19570 S 71-488.40 ESTIMATED TOTAL s41488.40 PF(UMP1 P�AYMttNt U15U[JUNT (10 be asserted by the bidder) t 7. for payment within days PERFORMANCE BOND PERCENTAGE REOUtRED (State agencv snarl insert aoorooriate nerr—mv no /. .. tn•r +c• NAME StGNA ( Iasi( U, ARAMARK Educational Services, Inc. STREET ADDRESS (include City. State. Zip Code) c/o Lubbock Christian University 5601'19th Street Lubbock, TX 79407 NAME (Print or Type) • Thomas W. McNeace Regional Vice President TELEPHONE NUMBER DATE 972-462-6011 April 21, 2004' CONTRACT NUMBER SPONSOR NAME / a 2 -100 c < W- OF � KBBQC`sC SPONSOR SIGNATURE r� TITLE DATE X:m ���v /iII�DE " 17��I'ca2 ®i1/ S' /' �' V BSc q - z s--O �y FNi�-94) Pm low editions obsolete. Page 1 Form 1628 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION SECTION, 8 W ey subml':slon of this offer, the offeror' certifies and In the i-.asa of a Joint offer, each party therato certifles a to Ib own organization, that In connection with this procurement (U The prices In this offer have been arrived at Independently, without consultation, communication or agreement, for the purpose of restricting competition, a to any matter relating to such prices with any other offeror or with any competitor, . (2) Unless 'otherwise required by lsw, the prices which have been • quoted In this offer have not been knowingly disclosed by the offeror'and, will no; 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 lndlrectly to any other of feror or to any competitor; 0 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. Approved ontent: orbin Pemberton, Parks & Recreation Director r (B) Each person signing this offer certifies that: (1) He or she Is the person In the offeroes organlzedon..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{ be 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 tAY 11) ,through (A) (3) above; and as their agent does hereby so certlfy; and he or she has not participated, and will not participate, In any action contrary to (a) (1) through (a) 0-above. Approved as to form: 4 ohn K t, Attorney of Counsel 1 SIGNAT VENDOFCS ALFrHORQED TITLE DATE REPRESS A NE Thomas W. McNeace Regional Vice President 4/21/04 In accepting this offer, the sponsor certifies that the sponsor's officers, employees or agents have not taken any action which may have Jeopardized the Independence of the Wfer referred to above. SIGNATURE OF AUTHORIZED SPONSOR REPRESENTATIVE I:1 Marc McDjQ"al , ,M-aXor (Accepting a bidder's offer does not constitute acceptance di--tbd-contrsct) NOTE Sponsor and Bidder shall exeane this Certificate of Indepertdent Price Determination. Attest to: Page 2 Reb cca Garza, City S retary INSTRUCTIONS TO BIDDERS SECTION 0 1. Definitions As used heraln: W i11111d — the. bidder's offer. (b) Bidder — a food service management company submitting a bid1n response to this Invitation for bid. (c) Contractor — e successful bidder who Is awarded a contract by a Sponsor under the SFSP. (d) Food Service Management Company — any commercial enterprise or nonprofit or6anlzatlon 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 entitles; (b) private, non—profit organizations, or (c) private, for profit companies. (e) Invitation for Bid QFS) — 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. W i Irm-F&A Mae, — sw 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 trl Ip Icate . 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. Erasures on all copies must be Initialed by the bidder prior to submission. Failure to do so may result In rejection . of the bid. (c) Bids over $100,000 shall Include a bid bond In the amount of. % of bid price. (Sponsor shall Insert appropriate percentage from 5% to 10%. Sponsor should also Insert this 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 u +J.� l y. (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 ail 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 Page 3 Fong 1628 concerning an lF8 will be furnished to so prospadve bidden as an omendment of the M M such Information Is necessary to bidden In- . a il bids on the M or it the lade of such Information would be prejudldel to uninformed Mom.. A Acknowledge nont of Amendments to M 7M sponsor must acknowledge receipt of on amendment .to an IF8 by a bidder by slgning and returning the amandmonL Such sdrnowledgement must be received prior to the hour and dab spedfled for_ bid opening. IS. Bidders Hsvina Interest In More Than One Bid It more than one bid Is submitted by any one persona, by or In the name of a clerk, partner, or other parson, all such bids shall be njectad 4 71ne for Receiving Bids Sealed bids shall be deposited at the Sponsor's address no later then 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 euthgrized repnsentstives we expected to fully Inform themselves as to the conditions, requirements and specifications before submitting bids; failure to do so wlli be at the bidder's own risk and relief cannot be secured on the pies of error. 8. Award of Contract is) The contract will be awarded to that responsible bidder whose bid Is lowest and conforms to the specifications of the IFB. M The Sponsor reserves the right to reject any or all bids and to waive Informalities and minor Irregularities In bids received. (cl 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 r 60 Sponsor reserves the right to accept any bid within 30 days from the date of bid opening: 9L Bidder Reolstratlon Bidders must be registered by the State In which the service is to be performed. Bids from bidders who are not registered as provided for in Section 225.8(g) of the regulations governing the SFSP will not be considered for award. The vendor shall attach a copy of the Ststa's registration determination. 10. Late Bids Modification of Bids or Withdrawal of s (0 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 moil 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). M Any modification or withdrawal of bid is subject to the same conditions as In Is) above, except that withdrawal of bids by telegram is authorized. A bid may also be withdrawn In person by s 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. (e) The only acceptable evidence to establish the date of mailing of s 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. Page 4 UNIT PRICE SCHEDULE AND INSTRUCTIONS SECTION E I. 8ldders are asked to submit prices in accoa with Schedul@W D for MOWS withAvlthout mW meeting to contract specifications ad forth in Schedule C end to delivered to ON of the WM stated bt Schedule Plow nob'that bidders must complete a Schedule D for each mod type • (brakfast, lun supplamen% eta) covered by the IFB. "Sponsor should Indicate whether or not milk should be Included In the meala/supplements. I Evaluation of bids will be performed as follows: be A. *4 Determine the grand total bid for each .bidder by totalling the bids for each meal type from Schoduls(s) D. Bidders calculations will be checked prior to totalling. 3. �Prld�n shsfl be on the menus described In Sche�u a B. All bldders must submit bids on the some menu cycle provided by the Sponsor: Deviation from this menu cycle shall be permitted only upon authorization of the Sponsor. Bid price must Include the price of food components pncuding milk and/or juice, if part of unitized meap, packaging, transportation and all other related .costs (e.g.condiments, utensils,. stet The unit prices of each meal type which the bidder agree: 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, K 'Method of Payment,' whether the payment •• Insert mutually agreed day. ••• Sponsor shall Insert appropriate number. period Is to be 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 par day by type over the contract period fall below 90% of the applicable average daily estimate, adjustments will be made to the per unit price In accordance with schedule D. & Evaluation of Bidders: Each bidder will be evaluated on • o Raw factors: s. Evidence that bidder Is registered by the State where the service Is to be performed and Is registered to deliver at least the number of meals estimated to be required under the contract. b. Financial capablllty to perform a contract of the scope required. k~ Adequancy of plant facilities for food preparation, with approved license certification that facilities meet all applicable State and local health, safety and sanitation standards. d. Previous experience of the bidder In performing services similar In nature and scope. e. 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. B. Meal Orders Sponsors will order meals on on 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 hour notice, or less if mutually agreed upon between the parties to this Page 6 SCOPE OF SERVICES SECTION D A. USDA regulations 7 CFR Part 223, entitled Summer Food Service Program Is hereby Incorporated by reference. 9. Contractor agnm to deliver unitized meals M IhS„vkyfi of milk or Juice to locations set out In Schedule A, attached hereto end mode a part hereof, subject to the terms and conditions of this sollcltadon. - C. All meals furnished must most or exceed USDA requirements set out In Schedule C, attached hereto and made a pwt ' 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 the Sponsor during the period of "" ►`ilY1G 1t1WA to m "097 6-7104 _ Meals are to be served ' H9 days a week, as specifled In Schad le A. • Insert " Inclusive" or "exclusive" as applicable. •• Sponsor shall Insert contract commencement date and expiration date. ••• Sponsor shall Insert appropriate number of serving days. Page 5 7. Meal —Cycle Change Procedure . Meals will be 'r�����IT7 !_ dellverao on a sally oasis m accordance with the menu cycle which appears In Schedule B. Menu changes may be made only when agreed upon by both portles. 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 8. N nccmplisniee The Sponsor reserves the right to Inspect and d—etwmine 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 speclficstions. The Sponsor reserves the right to obtain meals from other sources, If meals we 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 we procured at lesser cost. The Sponsor or Inspecting agency shall notify the contractor In writing as to the number of meals rejected end 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 extent 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, end 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—tlght closure, be of nontoxic material, and be capable of withstanding temperatures of 400 degrees (204 degrees C) or higher. Container and overlay to be plastic or paper and nontoxic. 3. Cartons -- Each carton to be labeled. Label to Include: a. Processor's name and address Want). 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 eels to be eaten: 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 most and most products, shall have been slaughtered, processed and manufactured In plants Inspected under USDA approved Inspection program and bear the appropriate seal. All most and most products must be sound, sanitary and free of objectionable odors or signs of deterioration on delivery. Milk end milk products are defined as '—pasteurized fluid types of flavored or unflevored 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 Fgod and Drug Administration and consistent with State and local standards for such milk' Milk delivered hereunder shell conform to these specifications. Page 7 rvna ♦vcv GENERA! CONDITIONS SECTION R t. Delivery Requirements A. Delivery will be made by the contractor to each acts In accordance with the order from the Sponsor: 8, Meals we to be delivered daily, unloaded, and placed In the designated location ' by the contractor's personnel at each of the sites and times Usted In Schedule A. C. The contractor shell bi responaibie for dellvery 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 deista food service sites by amendment of the Initial list of approved altes 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 lestsbiished under Section 225.8(dXZ of the SFSP regulations). The Sponsor shell 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 " 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. I Recordkesping A. Delivery tickets must be prepared by the contractor at a minimum In 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 cite. 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. & The contractor shall maintain records supported by delivery tickets, Invoices, receipts, purchase orders, production records for this contrsct, or other evidence for inspection and reference, to support payments and claims. C. The books and records of the contractor partalning 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 find 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 00 in compliance with Section 22S.B(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. • Insert mutually agreed upon number. •• Sponsor shall Insert "weekly". "bl-weekly" or "monthly". Page t IL 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. & 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 Stata This will be accomplished In accordance with USDA regulations. C. The contractor shall provide for mesas which it prepares to be periodically Inspected by the local health deportment 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. 11 S. Performance Bond Requirement The successful bidder shall provide the Sponsor with a performance bond In the amount of % 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 State agencies will furnish sponsors their state Insurance requirements to Insert herein. B. Availability of Funds The Sponsor reserves the right to cancel this contract If 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 be and delivered In accordance with this contract. 8. 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 we 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 circumstances(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 MUM 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 at least 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 be mutually worked out between the contractor and Sponsor. 11. Termination A. The Sponsor reserves the right to terminate this contract If the contractor falls 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 ••• 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 State agency Instructions. ••••• Insert same number as In Section F-1.1). on page 8. Page 9 rui OI avw applicable, shall be pabie for any dsmiges Incurred by tin Sponsor. Prior to termination, the Sponsor chap contact the State agency or regional office concerning. procedures for conducting a reprocurement action. IL The Sponsor may, by, written notice $p the contractor, terminate the .right of the contractor to proceed under We contr*4 If it is found by the Sponsor that gratuities In the form of- antartalnmen% gifts or otherwise were offered or given by Ule, contractor to any, officer or employee of the Sponsor'wlth a view toward securing a contract or securing favorable treatment with respect to the awarding or amending of the contra; provided that the existence of the facts upon which the Sponsor makes such findings shall be In Issue and may be reviewed In any competent court. C. In the event this contract Is terminated as provided In paragraph Its) hereof, the Sponsor shall be entitled p? to pursue the same remedies against the contractor a it could pursue in the event of a breach of the contract by the ;contractor, and 00 as a penalty In addition to any other damages In an mount which shall not be less than three nor more than ten times the costs Incurred by the contractor in providing any such gratuities to any such officer of employee. D. The rights 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 low or under this contract 1Z 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 thereln. 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 Page 1. i7' _ 9 i z _.OyjL� SECTION a 'The FSMC shall comply with Title VI of the ClvI1 Rights Act of 1984, as emended, USDA regulations Implementing Title -IX of the Education Amendments, and Section 504 of the Rehabllltstion Act of 1073, and any additions or amendments.' Clean. Air and Water If this contract Is In excess of S 100,0o0, the Sponsor and FSMC shell comply with all applicable standards, orders, or regulations Issued pursuant to the Clean Air Act of 1970 142 USC 1857L or the Federal Water Pollution Control Act (33 USC 1310, as amended. Pape 11 U.S. DEPARTMENT OF AGRICULTURE CettiIIcatioa Regu* Debarment,Suspension, ineligibil f and Voluntary C on - Lower Mer Covered Thmsactions This eerdnasdon Is required by the regulations implementing Execndve Order 12S49. Debarment and Suspension. 7 CM Part 3017. Section 3017J10. Participants' responsibilities. The regulations were published as Part N of the January 30. 1999. Federal Register tpnm 4722-4733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency with which this transaction originated. (BEFORE COMPL "TING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) i 1) The prospective lower tier participant ceesUfes. by submission of this proposai. that neither it nor Its principals is presently debarre& suspended. proposed for debarment. declared Ineligible, or voluntarily excluded from participation in this transaction by any federal department or 2ge0cy. 12) Where the prospeaWe 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. ARAMARK Educational Services, Inc. 049-04/RS Organisstioa Same PR/Avard Sundw or Projen ;Name Thomas W. McNeace, Regional Vice President \anzrii) and TiUe(si of ,%utnorszed Repmwntativets) Signatunts) April 21, 2004 Date Form AD-lo.tg n/r_) Page 12 -i-N ;i T - i r: 1 1. By signing and submitting this form, the prospective lower tier participant Is providing the certification set out on the reverse side in accordance with these instructions. -. 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'aad/or debarment: f s. 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. a. The terms 'covered transaction." 'debat3ed." "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 b submitted for assistance in obtaining a copy of those regulations. _. 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 modificadoa, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 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 theeligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. S. 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. Form AD-104H (1/92) Page 13 rurw amw 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: Z Check NO If site has adequate refrigeration to particular day during the summer. 7. Enter In column (8) the result of column (3) times column (S. store ap' mills ordered and could' recelve early 8. Enter In column (7) the delivery time for each deliveries. - meal type. 4. Under columns (1) and (Z, enter the beginning When estimating the Average Meals Served Per and ending dates for meal service at each alts. Day (Column (5)), use the average from the prior summer If the site was In operation at that time. i6 Under column (W, enter the total number of days mesas will be served at each site. IL. Enter In column (5) beside the appropriate meal types, 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 s 44). Do not Insert the maximum number that will be served on a 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 prlcos. The vendor awarded the bid will accept changes after the bid opening. Page 14 "it 11 31MAM ��la (To Ix dd ot ft" A& 14Av W" fAdl oak ANC V%kvg 0ow g111Sr5 SCHEDULE A U.S. OQARUWff OF AORICULTM - feed WW MWItIon Servke SITE INFORMATION LIST SUMMER FOOD SERVICE PROGRAM SPONSOR HAW City uF I,ubihuc�C , ADOMSS Po &YYu 0 !� 11X'1�451 CONTACT PERSOWPHONE A lovAnnnyy Mclrtlm bolo •-I'1s • U 18 REFRIM ALL M MEALS Si 111 I& W. o ► 171 MEAL TYPE 441 A p �O 151 MEALS IW TIME OIAE°ALILINE AV E 171 YES NO 50 X luno u" "�"J V ? BREAKFAST AM SUPPLEMENT LUNCH Ito 'Is PM SUPPLEMENT SUPPER INI�tV195 IKKd ate") X Vr1G 1 A►U�I1S ZOO BREAKFAST AM SUPPLEMENT LUNCH PM SUPPLEMENT SUPPER X I ( BREAKFAST AM SUPPLEMENT LUNCH . PM SUPPLEMENT SUPPER Mo lrum �u�• X 1 �1� Z'� � BREAKFAST AM SUPPLEMENT LUNCH is 2550_ PM SUPPLEMENT SUPPER _ OFO 1"' �P �Kc 1 'Uly 7 Z3 BREAKFAST AM SUPPLEMENT LUNCH PM SUPPLEMENT _ SUPPER r t0 MAC u(* Tv1A BREAKFAST AM SUPPLEMENT LUNCH : PM SUPPLEMENT SUPPER 11 r• X Joe 3 Tyk10 25 11 BREAKFAST AM SUPPLEMENT LUNCH . PM SUPPLEMENT SUPPER Pape 15 porn iv&v SCHEDULE B SUMIAER FOOD SERVICE PROGRAM MENU CYCLE' " Sponsor..shd attech a menu cycle for each site. see.. Page 16 Fom. 162B MEA b*ikbk Clob (WO SCHEDULE A U.&'WAr4**W CW AGrAMME - F"d wW Nw&ftkn $auks SITE INFORMATION LIST 8UNUM mw an= PROGRM. lon I jo , A""r .2 Mill PIP 15 Form 1628. SCHEDULE 8 SUMMM FOOD SOVICE PRO"". • mew OVOW gpooM,did ado* a mow oyde for @a* dW - see Atatwd 0 SCHEDULE C SUMMER FOOD SERVICE PROGRAM USDA REWIRED MEAL PATTERNS The meal requirements for the Program we designed to provide nutritious and well—balanced meals to each child. Except as otherwise provided In Section 225.18 W of the SFSP regulations, the following table presents the minimum requirements for meals served to children In the Program. BREAKFAST Milk . 1 cup Fluid Milk (1/2 pint) Vegetables and Fruits Vegetables and/or fruits or 112 cup full-strength vegetable or fruit juice 1/2 cup (Or an equivalent quantity of any combination of vegetables, fruits, and juice) 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 1/2 cup (whole -grain, enriched, or fortified): cooked cereal or cereal grains or 1/2 cup cold dry cereal 3/4 cup or 1 ounce (whichever is less) (or an equivalent quantity of a combination of bread or bread alternates) )11m- (OPTIONAU Serve as often as possible: Meat and Meat alternates (See Ilsts under Lunch, or Supper) 1 ounce Page 17 rvm awam SCHEDULE 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: Cheese or 1 ounce egg cooked dry beans or peas or 1 large peanut butter or other nut or 1/4 cup seed butters or nuts and/or seeds or 2 tablespoons (plain, sweetened, or flavored) ounce yIogurt or an equivalent quantity of any combination 4 ounces of meat or meat alternates) Vegetables and Fruits Vegetables and/or fruits or 3/4 cup full-strength vegetable or fruit juice 314 cup tOr an equivalent quantity of any combination of vegetables, fruits, and juice) 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 112 cup cooked cereal grains, such as rice, corn grits, or bulgur or 112 cup (whole -grain, enriched, or fortified): cooked cereal or -cereal grains or 112 cup cold dry cereal 3/4 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) Pape 18 LUNCH OR SUPPER Milk FTiu—d Milk Meat and Meat Alternates Lean meat or poultry or fish or Meat Alternates: cheese or egg or cooked dry beans or peas peanut butter or other nut or seed butters or nuts and/or seeds (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 314 cup) or full-strength vegetable or fruit juice (Or an equivalent quantity of any combination of vegetables, fruits, and juice) Juice may not be counted to meet more than 1/2 of this requirement. Bread and Bread Alternates Bread (whole -grain or enriched) or Bread Alternates (whole grain or enriched): cornbread, biscuits; rolls, muffins, etc. or cooked pasta or noodle products or cooked cereal grains, such as rice, corn grits, or bulgur (Or an equivalent quantity of a combination of bread or bread alternates) 1 cup (1/2 pint) 2 ounces (edible portion as served) 2 ounces 1 large 1/2 cup 4 tablespoons. 1 ounce — 50%* 3/4 cup 3/4 cup 1 slice 1 serving 112 cup 1/2 cup " No more than one—half of the requirement shall be met with nuts or seeds. Nuts or seeds shall be combined with another meat/most 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 8 years, the sponsor must most 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 B 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. Page 19 FOM loco SCHEDULE D • • � • � 1 Ill UNIT PRICE SCHEDULE ItitSTflUCT10NS: VENDOk Complete trans Id1 and W for each• SPONSOR: Complete Items W — (a) for each Mal Type. Most Type. Tool Mats X Cost Total Cost. W MEAL TYPE 61 AVERAGE DAILY t Id TOTAL NtJMtER 2 Idl UNIT t �• low DEAL= DEEDED OF MEALS COST TOTAL tID • g : 2.12 41488.40 If the average daily mods billed Is less then -the average daily meals needed (par Item (b) above) a one time adjustment to the unit price will be made a follows: T AVERRAAOE DAILMALS NEEDED 81 — 90% 71 — 80% 81-70% 51 — BOX 50% OR FLOW sY TUIP AMOK IFOsr (df 1.05 1.10 1.15 1.20 1.30 EXAMPLE: If the average daily meals billed — by the 'average daily meals needed' ptem b above) _ .82 or 82% multiply the 'unit coat' ptem 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 punch, 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 (M and (0), Schedule A, by dividing total meals for each specific meal type by the greatest number of days operated by a site In Column (M. , 2 Obtained from Schedule A by totaling Column (5) for each specific meal type. 3. Unit cost specdfled Is that cost based on 100% Average Meals Needed Per Day. Pagt SCHEDULE D-1 SPONSOR: SUMMARY BID SHEET MEAL TYPE TOTA6WER, V WT COST TOTAL BREAKFAST A.M. OLN41ELWC LINCH 19,570 $2.12 $ 41488.40 P. M. SLIPPLELaff $ $ TOTAL 19,570 2.12 41488.40 $ $ Unit Cott must be Identical to those wit costs listed an the UNIT PRICE SCHEDULE Page 21 �zweO ae 13 Summer Lunch Menu City of Lubbock Day 1 Poor Boy 1 oz - bologna 1 oz - cheese 1/2 oz - Salami 1/4 cup - Lettuce/tomato 1 whole apple 1 cookie 1 cup — Milk (chocolate) Day 2 Peanut Butter/Jelly Sandwich 1 oz - Peanut Butter / Jelly 2 slices - Bread loz - American cheese 1/4 cup - Celery Sticks 1 whole apple 1 cup — Milk (chocolate) Day 3 Turkey Ham & Cheese Sandwich loz - Turkey Ham 1 oz - American Cheese 2 slices - Bread 4 oz -Orange Juice - 100% 3/8 cup - mixed fruit 2 cookies 1 cup — Milk (chocolate) Day 4 Pastrami & Swiss Sandwich loz - Turkey Pastrami 1 oz - Swiss Cheese 2 slices -Bread 1/4 cup - Potato salad 1 whole orange 1 cookie 1 cup - Milk (chocolate) Day 5 Ham & Cheese Sandwich 1 oz -Ham. loz - American Cheese 2 slices -Bread 1/4 cup - lettuce, tomato, pickle chips 1/2 cup - peaches 2 cookies 1 cup — Milk (chocolate) Day 6 Bologna & Cheese Sandwich loz - Bologna loz - Cheese 2 slices - Bread 4 oz Apples juice - 100% 3/8 cup - Pineapple chunks 1 brownie 1 cup — Milk (chocolate) Day 7 Turkey & Swiss Sandwich 1 oz - Turkey 1oz - Swiss cheese 2 slices bread 1/4 cup - Lettuce/tomato 1 whole - orange 1 cookie 1 cup — Milk (chocolate) L 80 y- KU'L/-4 No Text