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
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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