HomeMy WebLinkAboutResolution - 2002-R0203 - Contract For The Summer Lunch Program - Aramark Educational Services, Inc. - 05_23_2002Resolution No. 2002-RO203
May 23, 2002
Item No. 36
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 the Summer
Lunch 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 23rd day of May , 2002.
ATTEST:
Q��� C)2�e' - Q— —
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
�a;bA-
KAAAA�1-
Victor Kilman,'Purchasing Manager
APPROVED AS TO FORM:
William de Haas
Contract Manager/Attorney
Gs/ccdocs.Contract-Aramark Educational Services
April 13, 2002
INVITATION TO BID
DATE: March 28, 2002
City of Lubbock
PURCHASING DEPARTMENT
ROOM L04, MUNICIPAL BUILDING
1625le STREET
LUBBOCK, TEXAS 79401
PH: (806)775-2167 FAX: (806)775-2164
http://pu rchasing.d.lubbock.bwe
PLEASE FILL IN COMPANY NAME & ADDRESS IN THE
ARAMARK Educational Services, Inc.-
ock Christian Universit
1 19th Street
ck, TX 79407
Resolution No. 2002—RO203
ITB #1069.021RS, Summer lunch Program
ITB #069-02/RS
BID CLOSING DATE
April 16, 2002
CLOSING TIME
3:00 P.M.
PRE -BID MEETING DATE
April 9, 2002
PRE -BID MEETING TIME
10:00 A.M.
PROCUREMENT OFFICER
Ron Shuffleld, Senior Buyer
THE CITY OF LUBBOCK RESERVES THE RIGHT TO ACCEPT OR REJECT ANY AND ALL BIDS IN WHOLE OR IN PART AND
WAIVE ANY INFORMALITY IN THE COMPETITIVE BID PROCESS. FURTHER, THE CITY RESERVES THE RIGHT TO ENTER
INTO ANY CONTRACT DEEMED TO BE IN THE BEST INTEREST OF THE CITY.
DESCRIPTION OF INVITATION TO BID
This document constitutes a request for sealed bids from responsible bidders to
provide Summer Lunch Program to the City of Lubbock.
THE BIDDER HEREBY ACKNOWLEDGES RECEIPT OF AND AGREES ITS BID IS BASED ON THE FOLLOWING ADDENDA:
#1 02 #3 #4 #.i' (Please Initial)
IN COMPLIANCE WITH THIS SOLICITATION, THE UNDERSIGNED BIDDER HAVING EXAMINED THE INVITATION TO BID
AND SPECIFICATIONS, AND BEING FAMILIAR WITH THE CONDITIONS TO BE MET, HEREBY SUBMITS THE FOLLOWING
BID FOR FURNISHING THE MATERIAL, EQUIPMENT, LABOR AND EVERYTHING NECESSARY FOR PROVIDING THE ITEMS
LISTED ON THE ATTACHED BID FORM AND AGREES TO DELIVER SAID ITEMS AT THE LOCATIONS AND FOR THE
PRICES SET FORTH ON THE BID FORM. AN INDIVIDUAL AUTHORIZED TO BIND THE COMPANY MUST SIGN THE
FOLLOWING. SECTION. FAILURE TO EXECUTE THIS PORTION MAY RESULT IN BID REJECTION.
SignatU, Title Regional Vice President
Print Name Mark Nelson Date 4 / 16 /02
PLEASE RETURN THIS PAGE ALONG WITH THE ATTACHED BID DOCUMENTS AND ANY ADDENDA.
06M2RSrrB.doc
- r
r
iTS SM942/RS, Summw Lunch Program
BID FORM
Summer Lunch Program
CITY OF LUBBOCK, TEXAS
ITB #069-02fRS
In compliance with the Invitation to Bid #089-02IRS, the undersigned Bidder having examined the Invitation to Bid and
Specifications, and being familiar with the conditions to be met, hereby submits the following Bid for furnishing the material,
equipment, labor and everything necessary for providing the items listed below and agrees to deliver said items at the locations and
for the prices set forth on this form. The Invitation to Bid f1069-02/RS is by reference Incorporated in this contract.
UNIT OF
UNIT PRICE'
Extended
Delivery
ITEM
QTY
MEASURE
DESCRIPTION
BID
Cost
Da ARO"
1.
32,215
Each
Summer Lunch Program served May 28, 2002 to
2.21
171195.151
1
August 9 2002 at selected sites ass cified herein
'PRICE: F.O.B. City of Lubbock "Days After Receipt of Order (ARO)
PAYMENT TERMS - Bidder offers a prompt payment discount of 0 %, net - calendar days to apply after receipt of Invoice or
final acceptance of the goods or services provided, whichever is later. If no prompt payment discount is offered, enter 0 in the %
space to indicate Net 30 days, otherwise payment terms shall be Net 30 days. Discounts will not be considered in determining
low bid.
THIS BID IS SUBMITTED BY ARAMARK Educational Services, Inc. a corporation organized under
the laws of the State of De laware or a partnership consisting of
or an individual trading as of the City of
Firm: ARAMARK Educational Services, Inc.
Address: c/o Lubbock Christian University, 5601 19th Street
Cry. Lubbock State. TX Zip 79407
The City of Lubbock Charter states that no officer or employee of the City can benefit from any contract, Job, work or service for the
municipality or be interested in the sale to the City of any supplies, equipment, material or amides purchased. Will any officer or
employee of the City, or member of their immediate family, benefit from the award of this bid to the above firm?, YES_ NO
MlWBE Firm: I I woman I I Black American I I Native
�—I HiscaRic American I I Asian Pacific American I TOther i
4/16/02
Representative - must sign by hand
Officer Name and Title: Mark Nelson, Regional Vice President
Please Pant
Business Telephone Number 972-462-6011 FAX 972-462-6053
FOR CITY USE ONLY
Bid Form Item Numbers) Awarded to Above Named Firm/Individual:
Date of Award by City Council (forbids over $25, 000): Date P.OJContract Issued:
os9-0211SRB.doc 2
.Rw • V... . /1f f flV LM V• VV0/-VLO%
SUMMER FOOD SERVICE PROGRAM INVITATION FOR BID AND CONTRACT
This document contains an irnhation tO" rood service
MoUgannent Companies to bid for the furnishing of untttt'ed
.1 to be served to children participating in the Sunnier
Food Service .Program (SFSP) authOrIEW by Section 13 of the
Natbrtal Scholl Lunch Act. and operated under Part'225 of the
US. Department of Agriculture 4ISDA) ring latiom This
document sets forth the terms and conditions applicable to the
proposed procurement. Upon acceptance it shall COnstau40 the
contract between the bidder and the Sponsor named below.
NAME C (' l OI 146r/
ADDRESS (Include City. State. Zip Code]
P D R01249&0
act<
I-uPs&CAl f %x -7Qy�- 7
E NUMBER CONTACT PERSON
COMMENCEMENT
A$01'Y 2- Sr, 2400Z
EXPIRATION
~k5l- 9, 2,00 lw-
BID BOND PERCENTAGE REQUIRED (Sponsor shall insert
•.6ppropriate percentage from 5% to 10%)
Public reportng burden for this collection of information is
estimated 10 average 39 hours per response. ndudirg the the
for reviewing nstructipn3, searching existing data Sources.
gattterng and maintaining the data needed and complelilg and
reviewing the collection Of inforrmwiom Send comments regarding
this burden estimale or any other aspect Of this collection of
nforrmation including suggestions for reducing this burden. to
Department of Agriculture. Clearance Officer. OAM. Room
404-W. Washington. D.C. 20250: and to the Office of
nforrmation and Regulatory Affairs. Office of Management and
Budget. Washington. D.C. 20503.
80 ISSUE DATE 180 NUMBER
4/16/02 ITB 069--02/RS
DATE
4/16/62
TIME
3 : 00--pm
LOCATION
City of. Lubbock Purchasing
SPONSOR TO ENTER ESTIMATED NUMBER OF MEALS. FIXED UNIT
PRICE BIDS TO BE INSERTED BY THE BIDDER
Fired Unit Sponsors
Price Bid Estimated TOTALS
Pet Meal a Of Meats
BREAKFAST $ X S
SNACK $ X—S _
LUNCWSUPPER $--' -) X 22-5.— s
ESTIMATED TOTAL S
PROMPT PAYMENT DISCOUNT (To be inserted by the bidder)
1 Y. for payment within I d
PERFORMANCE BOND PERCENTAGE REQUIRED (State agency shall
nsert appropriate percentage from 10% to 25%)
BIDDER
NAME SIGNAT (In )
ARAMARK Educational Services, Inc.
STREET ADDRESS (Include City. State. Zip Code) NAME (Print or Type,',,
c/o Lubbock Christian University Mark Nelson
5601 19th Street TITLE
Lubbock, TX 79407
Regional Vice President
TELEPHONE NUMBER DATE
972 462 6011 4/16/02
ACCEPTANCE
CONTRACT NLIrtBER SPONSOR NAME
CITY OF LUBB CK
SPONSOR SIGNATURE TITLE DATE
5/23/02
FORM FNS-696 12-941 P►wlotat editIOM obsolete. ATTEST: Page 1
R ecca Garza, City cretary
Form 1628
CERTIFICATE OF INDEPENDENT
PRICE DETERMINATION
SECTION B
W By submisslon of this offer, the offeror
certifies and In the case of a Joint offer,
each party thereto certifies as to Its own
organization, that In connectlon with this
proeorement
(1) The prices In this offer have been srrlved
at Independently, without consultation,
communication or agreement, for the
purpose of restricting competition,
as to any matter relating to such prices
with any other offeror or
with any competitor,
(2) Unless otherwise required by law, the
prices which have been quoted in this
offer have not been knowingly disclosed
by the offeror and will not knowingly be
disclosed by the offeror prior to
opening In the case of . an advertised
procurement, or prior to award In the
case of a negotiated procurement,
directly or Indirectly to any other offeror
or to any competitor;
(M 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.
(8) Each person signing this offer certifies that:
(1) He or she Is the parson In the offeror's
organization.. responsible within that
organization for the decision as to the
prices being offered herein and
that he or she has not
participated, and will not participate, In
any action contrary to (A) (1)
through (A) (3) above; or
(2) He or she Is not the person In the
offeror's organization responsible
within that organization for the decision as
to the prices being offered herein, but that
he or she has been authorized in writing to
act as agent for the persons responsible
for such decision in certifying that such
persons have not participated and will
not participate, In any action contrary
to (A) (1) through (A) (3) above, and as
their agent does hereby so certify,
and he or she has not participated,
and will not participate, in any action
contrary to (a) (1) through (a) (3) above.
SIGNATURE OF VlENOOKS
A
QED
TITLE
DATE
REPRESENTATIV
--
Mark Nelson, Regional Vice
President
4/16/02
in accepting this offer, the sponsor certifies that the sponsor's officers, employees or agents have not
taken any action which may r avrt iO=> erdlzed the independence of the offer referro?to above.
SIGNATURE OF AUTHORQED SPONSOR REPRESENTATIVE
MA
s`?Ci:f�J�ii�J c1 t')j:':dar's offal f:::;:C%� ,i7t CC7S1S�il,L'ir 3iCS7'3{'^Rf Cf `-'e Cf�tr
NOTE: Spun :ur and 3iddet shall execute this Certificate of independent Price Determination.
ATTEST:
Pape 2
Rebecca Garza, City Secr tary
roan iota
-,l SECTION C
1. Definitions
As used herein:
W Bid — the bidder's offer.
INSTRUCTIONS TO BIDDERS
(b) Bidder — a food service management
company submitting a bid In response to
this Invitation for bid.
(c) Contractor — a successful bidder
who Is awarded a contract by a Sponsor
under the SFSP.
W Food Service Management Company — any
commercial enterprise or nonprofit organization
with which a sponsor may contract for preparing
unitized meals, with or without milk, for use In the
Program, or for managing a sponsor's food
service operations In accordance with the SFSP
regulations. Food service management companies
may be: W Public agencies or entitles, (b) private,
non—profit organizations, or (c) private, for profit
companies.
(a) Invitation for Bid 0FB) — 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 iFS.
(f) Sponsor — the Service .institutlon which
Issues this IFB.
(g) Unitized Meal — an individual proportioned
meal consisting of a combination of foods
meeting the SFSP pattern requirements, delivered
as a unit with or without milk or Jules. 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 we expected to examine carefully
the specifications, schedules, attachments, terms
and conditions of this IFB. Failure to do so will be
at the bidder's risk.
(b) Bids must be executed and submitted In
triplicate . if accepted, this IFB will become the
contract, and one copy of the contract will be
forwarded to the successful bidder with the
notice of award. The copy marked 'original' will
be governing should there be a variance between
that copy of the bid and the other two copies
submitted by the bidder. No changes in the
specifications or general conditions are allowed.
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 IFS/Contract Face
Sheet. Only those bonding and surety companies
contained in the current Treasury Circular 570
may be used to obtain the required bonding. The
Treasury Circular is published annually, for the
Information of Federal bond —approving officers
and persons required to give bonds to the United
States. All certificates of Authority expire June
30, and are renewable July 1, annually.
Bid bonds will be returned (a) to unsuccessful
bidders as soon as practicable after the opening
of bids and (b) to the successful • bidder upon
execution of such further Contractual documents
and bonds as may be required by the bid as
accepted. The bid must be securely sealed in a
suitable envelope, addressed to the office Issuing
the IFB and marked on the outside with the name
of the bidder, bid number and date and time of
opening.
(d) A copy of a current State or local health
certificate for the food preparation facilities shall
be submitted with the bid.
Failure to comply with any of the above shall be
reason for rejection of the bid.
3. Explanation to Bidders
Any explanation desired by a bidder regarding the
meaning or interpretation of the IFB specifications,
etc., must be requested In writing prior to bid
opening and with sufficient time allowed for a
reply to reach all bidders before bid opening. Oral
explanations or Instructions given before the
award of the contract will not be binding. Any
Information given to a prospective bidder
Page 3
Form 1628
concerning an " will be furnished to 00
prospecdve bidders as an amendment of the IFB,
H such Informatlon Is necessary to bidders In
submitting buds on the IFB, or if bia Jack of ;uc�:
information would be prejudidai to unintormad
bidders.
4. Acknowledgement of Amendments to IF%
The sponsor must acknowledge recelpt of an
amendment .to an IFB by a bidder by signing end
returning the amendment. Such acknowledgement
mud be received prior to the haatar and date
spedfled for bid opening.
5. Bidders Having Interest In More Then One Bld
If more than one bid Is submitted by any one
person, by or In the name of a derkk, partner, or
other person, all such bids shall be rejected.
d. Time for Receivino Bids
Sealed bids shalt be deposited at the Sponsoes
address no later than the exact time and date
Indicated on the face of this IFB. Bids received
prior to the time of opening will be securely kept,
unopened.
7. Errors In Blds
Bidders or their authorized representatives are
expected to fully Inform themselves as to the
conditions, requirements and specifications before
submitting bids, failure to do to will be at the
bidder's own risk and relief cannot be secured on
the pies of error.
& Award of Contract
(a) The contract will be awarded to that
responsible bidder whose bid is lowest and
conforms to the specifications of the IFB.
(b) The Sponsor reserves the right to reject
any or all bids and to waive Informalities and
minor Irregularities in bids received.
(c) The Sponsor reserves the right to reject
the bid of a bidder who previously failed to
perform properly, or complete on time, contracts
of a similar nature, or the bid of a bidder who
Investigstbn shows Is not In a position to
perform the contract.
UO Sponsor reserves the right to accept any
bid within 30 days from the date of bid opening.
Bidders must be registered by the State In which
the service Is to be performed. Bids from bidders
who we not registered as provided for In Section
22BIXg) of the regulation2 governing the SFSP
will not be considered for award. The vendor shall
attach a copy of the State's registration
determination.
10. ;_ ,t-i_TT:ji�Modification of Bids or Withdrawal
of Sidi
(a) Any bid received after the exact time
specified for receipt of bids will not be
considered unless It Is received before award Is
made, and it was sent by registered or certified
mail not later then 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 malted by
the 15th or earner).
(b) Any modification or withdrawal of bid Is
subject to the same conditions as In (a) above,
except that withdrawal of bids by telegram is
authorized. A bid may also be withdrawn In person
by a bidder or an authorized representative,
provided Identity Is made. known and he or she
signs a receipt for the bid, but only If the
withdrawal Is made prior to the exact time set
for receipt of bids.
(c) The only acceptable evidence to establish
the date of mailing of a Ice bid, modifications or
withdrawal sent either by registered or certified
mall 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 accspted.
rvrur svco
SECTION D
SCOPE OF SERVICES
A. USDA regulations 7 CFR Part 225, entitled Summer Food Service Program Is hereby Incorporated by
reference. I
9. Contractor agrees to deliver unitized meals " 14Vel-! � `Q, of milk or juice to locations set out In
Schedule A, attached hereto and made a part hereof, subject to the terms and conditions of this
solicitation.
C. All meals furnished must most or exceed USDA requirements set out In Schedule C, attached hereto
and made a part hereof.
Food Service Management Companies may prepare unitized meals, with or without milk, for use In
Summer Food Service Program.
D. Contractor shall furnish meals as ordered by the Sponsor during the period of "" �!� � 2�Z,
to W �tId .4, 2002- - Meals are to be served '""' F/ N,P- days a week, as specified In
Schedule A.
• Insert " Inclusive" or "exclusive" as applicable.
•' Sponsor shall Insert contract commencement date and expiration date.
•� Sponsor shall Insert appropriate number of serving days.
Page 5
Form 1628
UNIT PRICE SCHEDULE AND INSTRUCTIONS
SECTION E
1. Bidden we asked to submtt prices In
axoNiep with Schodulels) D for meals
colt without mOc" meeting the contract
specifications set forth In Schedule C and to be
delivered to all of the sibs stated in Schedule A.
Please note that bidders must complete a
Schedule D for each meal type 4breakfast, lunch,
supplement, etc.) covered by the IFB.
"Sponsor should indicate whether or not milk
should be Included In the meals/supplements.
2 Evaluation of bids will be performed as
follows:
Determine the grand total bid for each bidder
by totalling the bids for each meet type from
Schedule(s) D. Bidders calculations will be checked
prior to totalling.
U�"Acin� shall be on the menus described In
ou a 8. All bidders must submit bids on the
some menu cycle provided by the Sponsor.
Deviation from this menu cycle shell be permitted
only upon authorization of the Sponsor. Bid price
must Include the price of food components
Onciuding milk and/or juice, if part of unitized
meQ, packaging, transportation and all other
related .costs (e.g.condlments, utensils, etc.).
The unit prices of each meal type which the
bidder agrees to furnish must be written In Ink or
typed In the blank space provided and must
include proper packaging as required in the
specifications and delivery cost to the designated
sttes. 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 ore 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, #4, 'Method of Payment; whether the payment
" Insert mut.ai+y agrued day.
`•` Sponsor shall insert appropriate number.
period Is to be weekly, bl—weekly or monthly.)
Sponsor does not guarantee orders for quantities
shown. The maximum number of meals will be
determined based on the approved level of meal
service designated by the administering office for
each site serving meals provided by the
contractor. However, If average meals delivered
per day by type over the contract period fall
below 90% of the applicable average daily
estimate, adjustments will be made to the per unit
price In accordance with schedule D.
5. Evaluation of Bidders: Each bidder will be
evaluated on the following factors:
a. 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 capability to perform a contract of
the scope required.
c. Adequency of plant facilities for food
preparation, with approved license certification
that facilities most 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.
8. Meal Orders ponsors will order meals on
of the week preceding the
week of dellvery, 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
""" fa''uA hour notice, or less If
mutually agreed upon between the parties to this
Pape 6
contract
7. Meal- de Change Procedure . Meals will bs
del vere on . y basis 1n rdance with the
menu cycle which appears In Schedule B. Menu
changes may be made only when agreed upon by
both parties. When an emergency situation exists
which might prevent the contractor from
delivering a specified meal component, the
Sponsor shall be notified Immediately so
substitutions can be agreed upon. The Sponsor
reserves the right to suggest menu changes within
the -vendor's suggested food cost, periodically
throughout the contract period.
8. Noncompliance . The Sponsor reserves the right
to inspect and ifitermine the quality of food
delivered and reject any meals which do not
comply with the requirements and specificstions
of the contract The contractor will not be paid
for unauthorized menu changes, Incomplete meals,
meals not delivered within the specified delivery
time period, and meals rejected because they do
not comply with the specifications. The Sponsor
reserves the right to obtain meals from other
sources, If meals are rejected due to any of the
stated reasons. The contractor will be responsible
for any excess cost, but will receive no
adjustment In the event the meals am procured at
lesser cost. The Sponsor or Inspecting agency
shall notify the contractor In writing as to the
number of meals rejected and the reasons for
rejection.
The SFSP regulations provide that statistical
sampling methods may be used to disallow
payment for meals which are not served in
compliance with Program regulations. In the event
that disallowances are made on the basis of
statistical sampling, the Sponsor and the
contractor will be notified in writing by the
administering agency as to the number of meals
disallowed, the reasons for disallowance, and the
methodology of the 'statistical sampling procedures
employed.
9. Specifications.
A. Packaging:
1. Hot Meal Unit — Package suitable for
maintaining meals In accordance with local health
standards. Container and overlay should have an
air--tlght closure, be of non -toxic material, and be
capable of withstanding temperatures of 400
degrees (204 degrees C) or higher.
2. Cold Meal Unit for Unnecessary to Hest) —
Container and overlay to be plastic or paper and
non -toxic.
3. Cartons — Each carton to be labeled. Label
to include:
a. Processor's name and address (plant).
b. item identity, meal type.
c. Date of production.
d. Quantity of individual units per carton.
4. Meals shall be delivered with appropriate
nonfood Items: condiments, straws for milk,
napkins, single service ware, etc. Sponsor shall
Insert the types of nonfood Items that are
necessary for the meals to be eatew._
a +cQ L•w*KZ-C
/t
b . Food Preparation:
Meals shall be prepared In accordance with State
and local health standards.
c. Food Specifications:
Olds are to be submitted on the menu cycle
included In Schedule 9, and portions shall, as a
minimum, be the quantities specified by USDA for
each component of each meal, as included in
Schedule C of this contract
All meals In the menu cycle must meet the food
specifications and quality standards. All meat and
meat products, shall have been slaughtered,
processed and manufactured In plants Inspected
under USDA approved Inspection program and
bear the appropriate seal. All meat and meat
products must be sound, sanitary and free of
objectionable odors or signs of deterioration on
delivery.
Milk and milk products are defined as
'...pasteurized fluid types of flavored or unfiavored
whole milk, low -fat milk, skim milk or cultured
buttermilk which meet State and local standards
for such milk- All milk should contain vitamins A
and D at the levels specified by the Food and
Drug Administration and consistent with State and
local standards for such milk' Milk delivered
hereunder shall conform to these specifications.
Pape 7
Form 1628
Ca.1ERAL COLNMATIO NS
SECTION F
1. DeNvery RmIromeMs
A. Delivery will be made by the contractor to
aseh site In accordance with the order from the
Sponsor:
R Meals :are 3o be delivered daily, unloaded,
and placed in the designated location by the
contractoes personnel at each of the sites and
times Noted In Schedule A.
C. The contractor shall be responsible for
delivery of all meals and/or dairy products at the
specified time. Adequate refrigeration or hosting
shall be provided during delivery of all food to
Insure the wholesomeness of food at delivery in
accordance with State or local health codes.
D. The Sponsor reserves the right to add or
delete food service sites by amendment of the
inM@l list of approved altos in Schedule A, and
make changes In the approved level for the
maximum number of meals which may be served
under the Program at each site (established under
Section 225.8(dXZ of the SFSP regulations). The
Sponsor shall notify the cdntraeor 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 "
2-`f 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.
3. Recordkeeping
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 site. Designees of the Sponsor
at each site will check adequacy of delivery and
mods before signing the delivery ticket invoices
shall be accepted by the Sponsor only If signed
by Sponsor's designee at the site.
B. The contractor shall maintain records
supported by delivery tickets, Invoices, receipts,
purchase orders, production records for this
contract or other evidence for Inspection and
reference, to support payments and claims.
C. The books and records of the contractor
pertaining to this contract shall be available for a
period of three years from the date of
submission of the Sponsor's final claim for
reimbursement, or until the final resolution of any
audits, for inspection and audit by representatives
of the State agency, representative of the U.S.
Department of Agriculture, the Sponsor and the
U.S. General Accounting Office at any reasonable
time and place.
4. Method of Payment
The contractor shall submit Its Itomlzed Invoices to
the Sponsor '"'d"VYW L- — In
compliance with Section 225.5( 2(Iv) 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 mews delivered by the contractor and
the number of meals served by the Sponsor that
are eligible for reimbursement.
)PmDrt rr*=aily agreed upon number.
°�� : pona rr shall Insert "weekly". "bl-weekly" or "monthly" QagQ
- rvr wr auto
IL Inspection of Facility
A. The Sponsor, the State agency and USDA
" reserve the right to Inspect the contractor's
fadlities without notice at any time during the
contract period, Including the right to be present
during preparation and delivery of meals.
B. The contractor's facilities shall be subject to
periodic Inspections by State and local health
departments or any other agency designated to
Inspect 'meal quality for the State. This will be
accomplished in accordance with USDA
regulations.
C. The contractor shall provide for meals
which It prepares to be periodically Inspected by
the local health department or an Independent
agency to determine bacterial levels In the meals
being served. Such levels shall conform to the
standards which are applied by the local health
authority with respect to the level of bacteria
which may be present in meals served by other
establishments in the locality.
B. Performance Bond Requirement
The successful bidder shall provide the Sponsor
with a performance bond In the amount of
1tl°' a S % 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 furnlsh 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 went of cancellation of the contract, the
Sponsor shall be responsible for meals that have
already been be
and delivered in
accordance with this contract.
G. Number of Meals and Delivery Times
The contractor must provide exactly the number
of meals ordered. Counts of meals will be made
by the Sponsor at all sites before meals are
accepted. Damaged or Incomplete meals will not
be Included when the number of delivered meals
Is determined.
10. Emergencies
In the event of unforeseen emergency
circumstances, the contractor shall Immediately
notify the Sponsor by telephone or telegraph of
the following: (1) the Impossibility of on —time
delivery; (2) the 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
then hours after specified
meld 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 requlrements 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 26X
••'• Sponsor shall set time In accordance with State agency Instructions.
••••• Insert same number as In Section F-1.1). on page B. page 9
Corm iocu
appbcoble, shall be Qable for any damages Incurred
by the Sponsor. Prior to twminstion, the Sponsor
shag contact the State agency or regional office
concerning procedures for conducting a
reprocurwnent action.
9. The Sponsor may, by written notice to the
cto
contrar, terminab the .right of the contractor
to proceed under this contract, if it Is found by
the Sponsor that gratuities In the form of
entertainment, gifts or otherwise were offered or
given by the contractor to any officer or
employee of the Sponsor with a view toward
securing a contract or securing favorable
treatment with respect to the awarding or
=imilrij of '►he contr�ut; prwAd jJ thyt Lim;
existence of the facts upon which the Sponsor
makes such findings shell be In issue and may be
reviewed In any competent court.
C. in the event this contract Is terminated as
provided In paragraph (b) hereof, the Sponsor shall
be entitled W to pursue the same remedies against
the contractor as It could pursue In the event of
a breach of the contract by the contractor, and 01)
as a penalty in addition to any other damages In
on amount 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
M Subcontractors and Assignments
The contractor shall not subcontract for the total
meal, or for the assembly of the meal; and shall
not assign, without the advance written consent of
the Sponsor, this contract or any Interest therein.
In the event of any assignment, the contractor
shall remain liable to the Sponsor as principal for
the performance of all obligations under this
contract
Page 1
GENERAL PROVISIONS
1 SECTION G
Equal gnrtonity
'The FSMC shall comply with Title VI of the Civil
Rights Act of 1954, as amended, USDA
regulations Implementing Title IX of the Education
Amendments, and Section 504 of the
Rehabilitation Act of 1973, and any additions or
amendments'
APPROVED AS TO CONTENT:
JO Y M EL.AN
INTERIM INDOOR RECREATION
PROGRAM COORDINATOR
APPROVED AS TO FORM:
W LLIAM dE HAAS
CONTRACT MANAGER./ATTORNEY
Clean Air and Water
If this contract Is In excess of $100,000, the
Sponsor and FSMC shall comply with all applicable
standards, orders, or regulations Issued pursuant
to the Clean Air Act of 1970 (42 USC 1857), or
the Federal Water Pollution Control Act (33 USC
131G, as amended.
Pape 11
Form 1628
U.S. DEPARTMENT OF AGRICULTURE
C--fication Debarment, Suspension, Ineligibility
and Voluntary usion - Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12S49. Debarment and
Suspension. 7 CFR Part 3017. Section 3017J10. Participants' responsibilities. The regulations were published
as Part 1V of the January 30. 1989. Federal Resister (pages 47224733). Copies of the regulations may be
obtained by contacting the Department of Agriculture agency with which this transaction originated.
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)-`
11) The prospective lower tier participant certifies. by submission of this proposal. that neither it nor
its principals is presently debarred. suspended. proposed for debarment. declared ineligible. or
voluntarily excluded from participation in this transaction by any Federal department or agency.
12) Where the prospective lower tier participant is unable to certifv to any of the statements in this
certification. such prospective participant shall attach an explanation to this proposal.
Organization Name PR/Award Number or Project Nance
ARAMARK Educational Services, Inc. ITB 069-02/RS
\ametst and Titlew of Authorized Representstivt1s)
Mark Nelson, Regig'hal` Vice President _ 4/16/02
Ji`naturels)
/6 'o �__
Date
Form AD-1048 (1 /92 )
Pape 12
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.
2. •. The certification in this clause is a material representation of fact upon which reliance was placed when
this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal Government. the
department or agency with which this transaction originated may pursue available remedies, Including
suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
a. The terms "covered transaction; 'debarred.' 'suspended; 'Ineligible; 'lower tier covered transaction.'
'participant." 'person; "primary covered transaction.' "principal." "proposal; and `voluntarily excluded. as
used in this clause. have the meanings set out In the Definitions and Coverage sections of rules Implementing
Executive Order 12549. You may contact the person to which this proposal Is submitted for assistance in
obtaining a copy of those regulations.
S. The prospective lower tier participant agrees by submitting this form that, should the proposed covered
transaction be entered into. It shall not knowingly enter into any lower tier covered transaction with a person
who is debarred. suspended, declared ineligible. or voluntarily excluded from participation in this covered
transaction. unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this form that it will Include this
clause titled "Certification Regarding Debarment. Suspension, Ineligibility and Voluntary Exclusion • Lower
Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations
for lower tier covered transactions.
participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that It is not debarred, suspended, ineligible. or voluntarily excluded from the
covered transaction, unless it knows that the certification is erroneous. A participant may decide the method
and frequency by which it determines the eligibility of its principals. Each participant may, but is not required
to. check the Nonprocurement List.
H. 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 S 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-1048 (1 /92)
Pale 13
Form 1628
INSTRUCTIONS FOR COMPLETION OF SCHEDULE A
SITE INFORMATION LIST
1. Enter sponsors name in upper left-hand corner.
2. Use correct street address for ail sites listed.
S. Cho* 'x' If site has adequate refrigeration to
store all meals ordered and could receive early
doilveries.
4. Under columns (1) and (2), enter the beginning
and ending dates for meal service at each she.
& Under column (M, enter the total number of
days meals will be "mad at each site.
& Enter in column (5) beside the appropriate meal
type, the overage number of each type of meal
that is estimated to be served each day at the
site. For example, if s she plans to serve 11,000
lunches for 44 days during the summer, then the
average is 250 01,000 : 44). Do not Insert the
maximum number that will be served on a
particular day during the summer.
7. Enter in column (5) the result of column (3)
times column (5).
S. Enter In column (7) the delivery time for each
meal type.
When estimating the Average Meals Served Per
Day (Column (5)), use the average from the prior
summer if the site was In operation at that time.
Since Schedule A must be completed well In
advance of the application deadline, it Is
recognized that changes will occur In the data by
the time the program begins. However, be as
accurate as possible since the data is used by the
vendor to arrive at his bid prices. The vendor
awarded the bid will accept changes after the bid
opening.
Page 14