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HomeMy WebLinkAboutResolution - 5870 - Contract - Sout Plains Food Bank - Summer Lunch Program - 05_28_1998Resolution No.5870 Item No. 22 May 28, 1998 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 South Plains Food Bank, 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 28th day of May 1998. ATTEST: }Ka i Darnell City Mcretary APPROVED AS TO CONTENT: -3��0: Q-� C�rc f Tommy GWnzWez Director of Civic Services APPROVED AS TO FORM: William de Haas Municipal Contracts Attorney awxcdocs/South Plains Food Bank.res.doc May 19, 1998 Texas 'Department of Hainan Services Form 1628 1/96 OMB FORM APPROVED NO. 0694-0290 SUMMER FOOD SERVICE PROGRAM INVITATION! FOR BID AND CONTRACT fiF(!TlnPJ A Thb ow rnem COratalis an hvttalbra to- 1000 Service' Pudic reporting burden for this Cdlectbn of Information b nurepernerd cornVaxn)es to bid for the I rntshng of u ttited eslinated to average 32 hours per response. induding the tjT* tricots to be nerved to children Wicbninp in the Sumner for reviewing Insiructiorts. searching exisiing dais sources. Food Swvi:* •Proprsn fSFSP) "honied by Section 13 of the patherng and rnalntsin'rng the data needed. a!ld CaTostsng and NriwW Scrod Lunch Act. and owated u-4v Part •225 of the reviewing the Calieti)on of lnfornuliorL Send earrnsants regreng LLS. Depsrlirnem of Agrb Aura QJSDA) regulatb-4. This this burden etttrate or any other aspect of this collection of 60CU7w4 sets forth the terms u4 hions "icable to the Information, including sugflestiom for reduchng this burden, to . proposed proareTont. Won accepts tce k anal! constaute the DeOwUrieni of Aprivali re. Osarance Officer. ORM. Room oorura= between the bidder and the Sponsor tanned below. 404-W. Washington, O.C. 20250. and to the Office of _ Infortnaibn and Regulatory Affairs. Office of t.tanagem rit and Budget. Wuh'ngion, O.C. 20503. SPONSOR BID OPENING SPONSOR AGREEMENT NLMBER SO ISSUE DATE BID I&MBER 3/27/98 98085 NAME DATE City of Lubbock 4/22/98 ADDRESS (tnduade Cey. State. Zip Code) TIVE City of Lubbock 3:00 m P.O. Box 2000 LOCATION Lubbock, Texas 79452 1625 - 13th RM - 04 ' Lubbock, Texas 79401 TELEPHONE NULrW CQNTACT PERSON SPQNSOR TO ENTER ESTIMATED N-MBER OF MEALS. FWM UNf 6 7 7 — 2 6 7 8 Angie Hobbs PRICE BOS TO BE NSERTED ElY W ODDER. Fire; dt ait Eti� ie TOTALS CONTRACT DATES C06WENCDAENT Per taaet a of well 1, 1998 BREAKFAST s x- I;- EJuneJune tON ust 7, 1998 s x : SNACKSNACKAu ..� :.GLz 0� LUNCWSL PPER S .-- x 4+ no n s BG SOrO PEP=NTAGE REQUIRED Sponsor shall Insert OOP CP ice Percentage Iran 6% to 10%) ESTMATED TOTAL S PROMPT PAYMENT DISCOUNT :(To be inserted by thetiocer) 5$ I x@ for.payffwnt within 1 days PERFMMANCE BOND PERCENTAGE REQUIRED tSttte agency star luert }pproorote percentage front 10% to 25%) r-6,21/ 'Km^K d[nnm ' SI0NATL1RE tin "O STREET ADDRESS (hdude City. State. Zip Code) yell / O- I e -7 �>r/ / NAME IPrnt or ADO ` � l a ve r TITLE ' 'exec J;dG �,re�6i TELEPtip+E � 3 � DATE q ACCEPTANCE CON RACT NLWER 1-441ONSIA NAME SPONSOR SG' ATM ME DATE FORM FM-Bjtl t2-MI PrrAouit •dWons Obsolete. Pop 1 Form 1628 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION SECTION.B h W By submlislon of this offer, the offeror certifies and In the use of a joint offer, each party thereto certifies as to Its own orgsNzation, that In connection with this procrement CID The prices in this offer have been arrived at independently, without consultation, communlwtlon or agreement;, for the purpose of restricting competition, as to any matter relating to such prices with any other offeror or with any competitor, (D 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 ease of an advertised procurement, or prior to award In the ease of a negotiated procurement, directly or Indirectly to sny other offeror or to any competitor, - CM 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 person in the offeror': 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 W (1) through W (3) above; or (Z He or she Is not the person In the offeror's organizatlon responsible within that orgsnlzation 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 W (U through (A) (M above, and as their agent does hereby so certify; and he or she has not participated, and will not parUelpste. In any action contrary to W (1) through (a) (3) above.' SIGNATM j�au ;� `Gib I T In accepting this offer, the sponsor ceril ies that the sponsoes officers, employees or agents have not Uken any action which may have jeopardized the Independence of the offer referred to above. SCNATLK OF AVTHORQED SPONSCA PU ESENTA7uvE l (Accepting a blddees offer does not constitute acceptance of the contract.) NOTE: Sponsor and Bidder shall execute this Certificate of Independent Price Determination. Pop . Fona 1628 INSTRUCTIONS TO BIDDERS SECTION C 1. Dens As used herelm .W 06 — the bidder's offer. (b) Bidder — a food service management company submitting a bld In response to this Invitsilon for bid. (c) Contractor — a successful bidder who Is awarded a contract by a Sponsor under the SFSP. 0 Food Service Management Company — any commercial enterprise or nonprofit crganlzatlon with which a sponsor may contract for preparing unitized meats, with or without mllik, 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 antitles; m) private, non—proftt organizations, or (c) private, for profit Companies. (e) Invlt:tion for Bid dFEJ -- the document where the procurement Is advertised. In the ease of this Programs, the IFS becomes the contract once both parties agree In writing to all terms and conditions of the iF8 (t1 Sponsor — the Service institution which Issues this Fe. (g) Unitized Meat — an individual proportioned mass 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 than have the meanings ascribed to them In the SFSP reputations (7 CFR Part 225). 2. Submission of Bids W Bidders are expected to examine carefully the specifications. schedules, attachments, terms and conditions of this IFS. Failure to do so will be at the bidder's risk. m) Bids must be executed and submitted In trl cste . H 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 'origtnai' 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 1ha specifications or Control conditions are snowed. 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 - 5% % of bid price. (Sponsor shall Insert appropriate percentage from 5% to 10%. Sponsor should also insert this percentage on the IFBIContract Face Sheet. Only those bonding and surety eompmles 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 W 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 i S and marked on the outside with the name of the bidder, bid number and dote and time of opening. (d) A copy of a current State or local health certificote 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. Ex lanstlon to Bldders Any explanation desired by a bidder regarding the meaning or interpretation of the IFS 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 Pap 3 rutiu 1VLo cowoning an IFB wt0 be furnished to all prospective bidders as an amendment of th•'IFB,, If such Information to necessary to bidders In avbmltttng bids on the IFB, or If the lade o1 sucii InfommHon would be prejudicial to uninformed bidden. 4. Aclrnowladuement of Amendments to iFBs The sponsor must acknowledge receipt of on - , acnandment.to an M by a bidder by signing and rgrUm ing the amendment. Such adrnowiedgement ewd be received prior to the hour and lots spedflW for bid opet>ing. L Bidders Hsvinu Interest In More Than One Bid -_ _- K no, than one bid Is submitted by any one person, by or In the earns of a clack. partner, or other person, all such bids ahatl be rejected. IL Time for Receiving Side., Sealed bids shall be deposited at the Sponsors address no titer than the exact time and date Indicated on the face of this IFB. aids received prior to the time of opening will be securely kapt, 7. €more in Bids Bidders or #Wr authorized representative are expected to fatty Inform themselves as to the carAtions, ceWlremsttts end spedflcettons before submitting bids; fsflure to do so will be at the bidder's own risk end relief cannot be **cured on the plea of error. S. Award of Contract W The contract will be awarded to that responsible bidder whose bid Is lowest and conforms to the specifications of the IFB. Qt) The Sponsor reserve the right to reject any or all bids and to waive tnfonris e-3 -and - minor bMulartties in bids received. (d 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 Invsstlasoon shows Is not In a position to perform the contract. (d) Sponsor resarves the right to accept any bid within 30 days from the data of bid cper&4¢ 9. Vldder_Reoistratlan 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 -225B(V) of the regulations governing the SFSP will not be considered for award. The vendor shall attach a copy of the States- determinstlon. _ 10. Late Bids, P odiftcation of Bids or Withdrawal Of Bids Ii} Any bid received after the exact time specified for receipt of bids will not be considered unions It Is received before award Is trade, and it was sent by registered or certified - mO not Inter than the fifth calendar day prior to the specified data 04. a bid submitted In responss to an IFB requiring receipt of bids by the 20th of the month must have been mailed by the 15th or ewlierL (b) Any modlficatlon or withdrawal of bid Is subject to the samt conditions as in W 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 evade prior to the exact time set for recelpt of bids. (d The only acceptable evidence to establish the date of mailing of d late bid, modifications or withdrawal seat enter by reglstered or certified man Is the US. Postal Service postmark on the wrapper or an the original receipt from the U.S. Postal Sen t=s.. if neither postmark shows a legible data. the bld, modification or withdrawal shall be deemed , to have been mailed fate. Me 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 ma111ng by employees of the US. Postal Service). (d) Notwithstanding the above, a late modifiestlon of an otherwise successful bid which makes Its terms more favorable to the Sponsor will be eonsidered.st any time it Is received and may be accepted. ps" 4 Farm 1628 SCOPE OF SERYICF.S SECTJON D A. USDA regulations 7 CFR Part 225, entitled Summer Food Service Program Is hereby incorporated by reference. B. Contractor agrees to deliver unitized meals ; n[-1 iigi veof milk c►r Juice to locations set out In Schedule A, attached hereto and made a part hereof, subject to the terms and conditions of this sollewon. C. AM meals furnished must meet or exceed USDA requirements set out in Schedule C, attached hereto and made a part hereof. Food Service Management Companies may prepare unitized meals, with or without milk, for use In Summer Food Service Program. D. Contractor shall furnish meals as ordered by the Sponsor during the period of •" June 1 . 1998 to m —August-7 - Mesls are to be served """ days a week, a: specified in Schedule A. . • insert " inclusive" or "exclusive" as appli alble. •' Sponsor shall Insert contract convnencement date and expirstlon date. *• Sponsor shall Insert appropriate number of serving days. UNIT PRICE SCIi£DIAE AND INSTRUCTIONS SECTION E IL Blddws we asked to submit prices In accorUence, with Schedules) D for meals wlthANlhout milk" meeting #hs--contract — - specifications set forth In Schedule C and to be dellvered to an of the sites stated In Schedule A. Plesse nab .*that bidders=must complete a_ ` -- Schedule D for each most type •tbreakfast, lunch,' suppieme:tt, etc) covered by the iF9.. _ •Sponsor should Indicate whether or not MR should be included In the mests/supplements. Z Evaluation of bids will be performed as f6tiows: Determine the grand total bid for each .bidder by totalling the bids for each most type from Scheduls(s) D. Bidders calculations will be checked prior to totalling. 8 Mshall be on the menus described In ma & AM bidders must submit bids on the same menu cycle provided by the Sponsor. Deviation from this rnenu cycle sham be permitted only upon authorization of the Sponsor. Bid price must Include the price of food components (Including milk and/or Jules, If part of unitized mtieaD, packaging, transportstlon and an other related .casts (s.g.candiments, utensils, aW. period Is to be weekly, bl-waskly or montNyl Sponsor does not guarantee orders for quantities =-shown. The maximum number of meals will be, - determined based on tie .approved isvel of mail service designated -by the administering office for each she serving mesis provided -by the contractor. Howover. If average meals delivered per day by type over the contract period fall below 20% of the applicable average daily Wmste, adjustments will be made to the per unit price In accordance with schedule D. The unit Pikes 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 epecificstions and delivery cost to the designated altos. Unh 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 eo additional charge to the Sponsor. prior 4. Avera de DAY i+lumber of lUfs—!a s are asifmaTed: They am the best known estimates for requirements during the operating period. The Sponsor reserves the right to order more or less mews than estimated at the beginning of the operating period. Contractor will be paid at the 100% unh cost rate during the payment period specified. (The Sponsor should Indiate In Section F. f4, 'Method of Payment,' whether the payment M Insert rrlumily agreed day. M' Sponsor shill insert appropriate number. 5. Evaluation of Bidders•. Each bidder wilt be .evaluated on the tafi—ow-Ing factors: a. Evidence that bidder -"gistarod-ty-the ----___ State where the service Is to be performed and Is rsglstered to deliver at least the number of ____ _. masts estimated to be required under the contract b. financial capability to perform a contract of the scope required. c. Adequency of plant fadltles for food preparation, with approved license certlficstion that facilities meet all appticabte State and bat health, safety and sanitation stendardL- -- --- d. Previous experience of the bidder In performing services similar in nature and scope. s. Other factors such as transportation capability, sw tatlak 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 mealf on •"' CIAV of S,.rvip `-orders vrtll-be pia foi�lie total number of operating days In the succeeding week, and will includo 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 ear_ 4 hours hour notice, or less if mutually agreed upon between the parties to this page 6 Form 1628 odntrscL 2 Cold Meal Unit (or Unnecessuy to Head — Container and overlay to .be plastic or ps;or and 7. Meal -Cycle Change Procedure . Meals will tie non-toxlc. dsly—we on a daily bags In accordance with the menu cycle which appears In Schedule B. Menu S. Cartons — Each carton to be labeled. Label changes may be made only when spread upon by to Include: both partlas. When an emergency attuatlon exist: which might prevent -the contractor from -- delivering a specified most componMt, the - Sponsor shah be notified Immediately so substitutions can be agreed upon. The Sponsor = reserves the right to -suggest menu dmges within the vandoes suggested --food cost periodically throughout the contract period a Noncompliance . The Sponsor reserves the right to inspect and dine no the quality of food delivered and reject any meals which do not comply with the requlrements.'ond_ 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 specificstlonL The Sponsor reserves the right to obtain meals from other sources, If meals are rejected due to any of the stated reasons. The contractor will be responsible for any excess cost„ but will receive no adjustment In the event the meals are procured at lesser cost. The Sponsor or Inspecting agency shall notify the contractor In writing as to the number of meals rejected and the reasons for - rejection. - The SFSP regulations provide that alltst eel sampling methods may be used to disallow payment for meals which we not_ served in compliance with Program regulations. In the event that disallowances are made on the bads of statistical sampling, the Sponsor and the contractor w1A be notified In writing by the sdn*dstering agency as to the number of meals disallowed, the reasons for disallowance, and the methodology of the 'statistical sampiing procedures employed. 8. Spades ons. A. Packsging: L Not Meal Unit . - Package suitable for maintaining meals In accordance with local health standards. Container and overlay should have an sir -tight closure, be of non -toxic material, and be capable of withstanding temperatures of 400 degrees t204 degrees CI or higher. L Processors name -mod address b. item Identity, meal typo - c. Date of production. d. Duentlty of individud cults per artoti--_:- _--- 4. Meals shall be delivered -with-appropriate nonfood Items: condiments, straws for aft. napkins, aingle service: ware, etc. Sponsor shall Insert the types of nonfood items that are - necessary for the mods to be-safeK---_ +-"^ -�- b . Food Preparation: Meals shall be prepsrod In accordance with State and local health standards. c. Food Specifiations: Bids we to be submitted on the menu-cyd-- included In Schedule ©- and portions sham as a minlmum be the quantities specified by USDA for esah component of each mesl, as Included in Schedule C of this contract. All meals In the menu cycle must meet the food spedflcatlons end quality standards. AN most and most products, shall leave been slaughtered, processed and manufactured In plants Inspected under USDA approved Inspectlon program and bear the appropriate seaL A I most and mast products must be sound, sonttsry and free of objectionable -odor's-ar-slgns of detarloratlan.on delivery. M1k and milk products are defined as •.,pasteurized fluid types of flavored or unflavored whole milk, low -fat milk, skim milk or cultured buttermilk which meet State and local standards for such milk_ Ali milk should contain v]tamins A and D at the levels specified by the Food and Drug Administration and consistent whh-Stste and loaf standards for such mllV Milk delivered hereunder shall conform to these specs iatlons. Pap l 3���� .fit �� �1►�.� SECTION F t Qsllvary Requirements A. De1lyery wilt be made by the contractor to saki site In accordance with the order from the Sponsor. a Meals are to be delivered doily, unloaded, and placed In the designated location by the contractor's personnel at each of the sites and times Sated In Schedule A. Q The contractor shall be responsible for delivery of Ni meals and/or dairy products at the specified time. Adequate refrigeration or heating shalt be provided during donvary of all food to kuwa the wholesomeness of food at delivery In accordance with State or local health codes. O. The Sponsor reserves the right to add or delete food service sites by amendment of the Initial Est of approved spas In Schedule A, and make changes In the approved Iwal for the maximum number of meals which may be served under the Program at each site (established under Section 2258IdXZ of the SFSP regulations). The Sponsor shall notify the controctor by providing an amendment to Schedule A, of all sites which are approved, cancelled, or terminated subsequent to scceptance of this contract, and of any changes In the approved level of meal swvlm for a a1W Such amendments shall be provided within e 49 hours or less.- dellvsrod to each site. Designees of the Sponsor at each site wM check adequacy of delivery and meals before signing the delivery ticket Invoices then be accepted by the Sponsor only if signed by Sponsor'& designee at the alto. B. The contractor shall maintain records supported by delivery tickets, invoices, receipts, purchase orders, production records for this contract, or other evidonce for Inspection and reference, to support rmyments and claims. C. The books and records of the contractor perWning to this controct shall be evallable for a. period of three yam from the date of subm &don of the Sponsors 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 US. Department of Agriculture, the Sponsor and the US. General Accounting Office at any reasonable time and place,. 4. Method of Payment The contractor shalt submit its Itemized invoices to the Sponsor 1 y In compliance with Section 225.t3{h Z(M of the SFSP regulations. Each Invoice shall give a detailed breakdown of the nunntior of meals delivered at each &tie during the preceding period. The -----Sponsor shall 'alculats the average number of meals delivered each day for the applicable period 2. Supervlslon and Inspection Payment will be made at the unit price shown for that range. Each payment period will be calculated The contractor shall provide management supervision at ail times and maintain constant quality control Inspections to check for portion aim, appearance end packaging, in addition to the quality of products. a Recordkeeping A. DeAvery tickets must be prepared by the contractor at a minimum In three coplesk one for the contractor, one for the site personnel and one for the Sponsor. Delivery tickets must be !lambed to show the number of meals of each type and paid for Independent of other periods. No payment shall be nude unless the required delivery receipts have been signed by the stte 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 WMty 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. • buort mutually agreed Upon ruimbtr. « Sponsor shall Insert •'weekly", "bi-weekly" or "rrtofnthly". P390 b Form 1628 '11 inspection of Facility A. The Sponsor, the State agency and USDA reserve the right to Inspect the contractor's faclitdes without notice st any time during 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 contract period, Including the right to be present - during -- preparation and delivery of meals. - - - - 8. Number of Meals and Delivery Times 8. The contractor's facilities shall be subject to _-- The contractor must provide exactly the number periodic Inspections by State and local health of meats -ordered. Counts of meals- will be trade departments or any other -agency designsted-to :-- - by the Sponsor at call sites before meals we Inspect meet quality for _the _State. This will be,. accepted. Damaged or incomplete nests wilt -mot accompilshed In accordance with USDA be Included when the number of delivered meals regulations. is determined. Q The contractor shall provide for meals which It prepares to.be periodically Inspected_ by the local health department or an Independent - agency to determine bacteria! levels In the meals being served. Such levels shall conform to the standards which are applied by the loaf 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 8. 2 5 % of the contract- price. The bond shall be executed by the contractor and s Beensed surety company Qsted in the current Department of Treasury Circular 570. Only those bonding and surety companies contained in the current Treasury Circular 670 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. Ali certificates of Authority expire June 80, and ere renewable July t, annually. The bond shall be furnished not War than ten days following award of the contract 7. Insurance State agencies will furnish sponsors their state Insurance requirements to Insert herein. S. Availability o,_ 1 funds - The Sponsor reserves the right to cancel this contract If the Federal funding to support the " 10. Emergencies .__ . In the event: of unforeseen emergency ---- circumstances, the i.ontractor shall Immedl_ltety notify the- Sponsor by telephone or telegraph -of the following; All) the Impossibility of on—tims delivery; M the eircumstancesW precluding delivery; and CM a statement of whether or not succeeding deliveries will be affected. No payments will be made for deliveries made titer than 0"04 b=x hours after spedited moil time. Emergency circumstances at the site precluding uttllzstion of meals are the concern of the Sponsor. The Sponsor may anal 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. TermInstlan A. The Sponsor reserves the right to terminate this contract If the contractor fans 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 noncompllance In writing. The Sponsor shall have the right, upon such written notice, to Inunedlstely terminate the contract and the. contractor or surety company, if Insert percentage required by the State, but not less than ti0X of the Contract Price and not more than 25X. ...` Sponsor shall set time In accordance with Stine agency InsUuetlons. a*"• Insert same number as In Section M.D. on page B. oar 9 appticeblk shah be liable for any damages I =WM by the Sponsor. Prior to terminstlok the Sponsor shag contact the State agency or regional office concerning procedures for conducting a . roprocurement action. B. The Sponsor may, by written notice to the contractor, tarminsts the .right of the contractor to proceed under this contract, If It Is found by the Sponsor that gratuities In the form of entertainment plfts or otherwise were offered or plven by the contractor to any officer or employee of the Sponsor with a view toward ss=IV a contract or ascuring favorable treatment with respect to the awarding or amending of the contract; provided that the existence of the facts upon which the Sponsor snakes 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 (b} hereof, the Sponsor shall be entitled CD to pursue the same remedies against the contractor as ft could pursue In the event of a breach of the contract by the contractor, and QA as a penalty In addition to any other damages in an amount which shall not be less than three nor more than ten times the Costs Incurred by the contractor In provlding any such gratuities to any such officer of employee. O. The rights and remedies of the Sponsor. provided In this clause shall not be exclusive end we In addition to any other rights and remedies provided by law or under this contract 12 Subcontractors and Assignments The contractor shall not subcontract for the total meat; or for the assembly of the mesh and shall not assign, without the advance written consent of the Sponsor, this contract or any Interest therein. In the went of any assignment, the contractor SW remain liable to the Sponsor as principal for the performance of all obligations under this contract pap to U.S. DEPARTMENT OF AGRICULTURE ' Certification Debarment, Suspension, IneUgibi ity _ and Voluntary us oa = Loeser Tier Covered Transactions This certificadea is required by the regulations Implementing F.xmthe Order I2M, Debarment and Suspensioa.7 CFR Part 3017. Section 30173I0. Participants' respoasibilides. Tt,e regulations were published as Part IV of the January 30. IM. Federal Reeister (pages 472-14733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency with which this tmusaetion originated. (BEFORE COMPI.)r'TTNG CERTIFICATION, READ INSTRUCTIONS ON REVERSE) it) The ros p pective lower tier pzt�tltipaat tertiiies, by submission of this proposal. that neither It nor Its principals Is presently debarred. suspended. proposed for debarmm detlai taet,&4 ir _- voluntarily excluded from participation In this transaction -by any Federal department or agency._ t'.1 'Where the prospective lower tier participant Is unable to certify to any of the statements In this certification. such prospective participant shall attach an explanation to this proposal. OTssttadiea %atiaeis) and rdk(st of A■tboraed Represestatiaets) s4asatrsts) NVAword Swaber or Pr*a Saw Due Form AD-1048 (1/'92) pap -12 Forth 1628 GENERAL PROVISIONS SECTION G . Equal OppoMMU Clean- Air and Water. 'The FSMC than comply with We Y1 of the Civil if this contract Is In excess of $100.000, the Rights Act of 1984, as amended, USDA Sponsor and FSMC shaft comply with all applicable regulations Implementing Tide DC of the Educt lon standards, orders, or regulations issued pursuant Amendments and Section 504 of the to the Clean Air Act of 1970 (42 USC 1857L or RehabMtatlon Act of 1973, and any additions or the Federal Water Pollution Control Act Q3 USC amendments! 1312), as amended. P"I 17 Form 1628 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 lastruetloas. 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 der 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 eertmention was erroneous when submitted or has become erroneous by reason of changed circumstances. 1. The terms 'covered transaction. "debarred. "suspended. 'Ineligible."lower tier covered transacdoa.' 'participant.' 'person."primary eovtred tramcdon."principal."proposal.' cad `voluntarily ezdadeV as used In this clause. have the meanings set out In the Definitions and Coverage sections of rules Implementing Eztcutire Order L'S49. You may contact the person to which this proposal Is submitted for assistance in obtaining a copy of chase regulations. . E. 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. Suspenslon. Ineligibility and Voluntary Exclusion • Lower Tier Covered Transactions.* without codification, In all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification -0f 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 eertlfication is erroneous. A participant may decide the method and frequency by which it determines the eligibility of Its principals. Each participant tray, but Is not required to. check the Nooprocuremeat I.lsL A. :Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in rood faith the certification required by this clause. The knowledge and mfortnatfon of a partidpant Is not required to exceed that wbicb 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 to a covered transaction knowingly eaters into o lower tier covered transaction with a person who is suspended. debarred, Ineligible. or voluntarily excluded from participation in this transaction. in addltloa 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-104 (1/9:) Pop 13 INSTRUCTIONS FOR COMPLETION OF SCHEDULE A SITE INFORMATION LIST 1. Enter sponsofs name fn upper Left-hand a►rner. 2 Use correct street addnm for all sites Rated. E Cheek 'x' If she has adequate refrigeration to store ari• meals ordered and could receive early de iveries. 4. Undw columns (U and a7, enter the beginning and ending- doss for mat service at etch site. b. Under column M enter ttis total number of days meals wM be served at each site. CL Enter in column IS beside the appropriate mess type, the average. number of each type of meal that h estimsted to be served ssch day at the alts. For example, If a alto plans to serve 11,000 lunches for 44 days during the summer, then the average Is 250 (11,000 44). Do not Wart the maximum number that will be swvad on a particular day during the summer. 7. Enter In column (M the result of column M times column M 6. Enter in column (Z the delivery time for each maw type. When estimating the Average Meals Served Per Day Molumn W. use the average from the prior summer If the site was In operation at that time. Since Schedule A must be completed wall In advance of the _aW;stlon deadline, It ls.__.. recognized that changes will occur Li the dab by Vwtlme the program -bsDldwevC ns. Na accurate as possible since the data Is used by the vendor to errive at his bid prlas. The vendor awarded the bid will accept changes sfter the bid opening. Pape 14 May-19-98 10:03A Lubbock Parks&Recreation 806-775-2686 P-O2 C Ballenc 1110 4( Clapp I 46th & Rawlins Commun: 40th & Simmons Commun: 23rd & Tre j o t 3200 At Wood s I Center Fong 1628 US. DDARIMM of AMCiATM — F"d S +. MMMen s.rrke SITE INFORMATION LIST SUMMER FOOD SERVICE PROGRAM SPONSOR NAME Ity of Lubbock • ADMSS P.O. Box 2000 Lubbock, Texas 79457 CONTACT PEPSOWiHW t Angie Hobbs (806) 775-2678 11�l0. ALL V" DATE � pE��p �� DATE � Tp v� tEl MEAL TYPE Nt �i of lit It1 �p�Ry I�tEnlT PE lil YES NO 'er ith 6/1 6/26 20 BREAKFAST AM SUPPLEMENT LUNCH PM SUPPLEMENT SUPPER ._ 'arty Ave U 6/1 8/7 50 BREAKFAST AM SUPPLEMENT LUNCH 11:15am PM SUPPLEMENT SUPPER 1s .ty Cen Ave B er 6/1 8/7 50 BREAKFAST AM SLPMEMENT LUNCH 60 1:0Qam _ PM SUPPLEMENT SUPPER .ty Center Oak • 6/1 8/7 50 BREAKFAST AM SUPPLEMENT LUNCH 220 11:30am PM SUPPLEMENT SUPPER - ;uperce iherst ter 6/1 8/7 50 BREAKFAST AM SUPPLEMENT LUNCH 200 Opm_ PM SUPPLEMENT SUPPER :ommuni y 6/1 8/7 50 BREAKFAST AM SUPPLEMENT 11 _45am LUNCH PM SUPPLEMENT SUPPF .� BREAKFAST AM WENT NCH PM SUPPLEMENT SUPPER Pme 15 SCHEDULE B SUMMM FOOD SERVICE PROGRAM MENU CYCLE• Sponsor,shan attach-• menu cycle for each site. pa" 16 .Form 1628 SCHEDULE C SUMMM FOOD SERVICE PROGRAM USDA *RE061RE D MEAL PATTIMNi The mast requirements for the Program .are designed to provide nutritious and well—balanced most: to each child. Except as otherwise provided In Secilon 225.16 (b) of the SFSP reguistlons, the following table presents the minlmum requirements for meals -served to. children In the Program. BREA)TAST Milk 1 cup Fluid Milk (1/2 pint) Vegetables and Fruits Vegetables and/or fruits or 112 cup f ull-strength vegetable or fruit juice 112 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 (whale -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 314 cup or 1 ounce (whichever is less) (or an equivalent quantity of a combination of bread or bread alternates) Y- (OPTIONAU Serve as often as posslble: Meat and Meat alternates (See fists under Lunch, or Supper) 1 ounce Page 17 SCHEDULE C • SNACK (Supplemental Food) . Choose two items from the following. four. components: Mat and Meat Alternates Lan meat or poultry or fish or Meat Alternates: Cheese or egg or cooked dry bans or peas or peanut butter or other nut or seed butters or nuts and/or seeds or yogurt (plain, sweetened, or flavored) (or an equivalent quantity of any combination of meat or meat alternates) Vegetables and Fruits Vegetables and/or fruits or full-strength vegetable or fruit juice 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 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 (whole -grain, enriched, or fortifiedk cooked cereal or -cereal grains or cold dry cereal (or an equivalent quantity of a combination of bread or bread alternates) Milk Fluid Milk 1 ounce (edible portion as served) 1 ounce 1 large 1/4 cup 2 tablespoons I ounce 4 ounces 3r4 cup 3r4 cup 'I slice 1 serving 1/2 cup 112 cup 112 cup 314 cup or I ounce (whichever is less) (1/2 pint) Pap. 18 ..Fora 2628 LUNCH OR SUPPER . Milk I cup Flwd Milk W pint) Meat and Meat Alternates Lean meat or poultry or fish or 2 ounces - '(edible portion as served) Meat Alternate cheese or 2 ounces egg or 1 large cooked dry beans or peas V2 cup peanut butter or other nut or seed butters or 4 tablespoons nuts and/or seeds I ounce — 50%* (Or an equivalent quantity of any combination of meat or meat alternates) - Vegetables and Fruits Vegetables and/or fruits (2 or more selections 314 cup for a total of 314 cup) or full-strength vegetable or fruit juice 3/4 cup (Or an equivalent quantity of any combination of vegetables, fruits, and juice) Juice may not be counted to meet more than 12 of this requirement. Bread and Bread Alternates Bread (whole -grain or enriched) or I slice Bread Alternates (whole grain or enriched): cornbread, biscuits, rolls, muffins, etc. or I serving cooked pasta or noodle products or 12 cup cooked cereal grains, such as rice, corn grits, or bulgur 12 cup (Or an equivalent quantity of a combination of bread or bread alternates) ■ No more than one—half of the requirement shall be met with nuts or seeds. Nuts or seeds Shan be combined with another meWMest alternate to fulfill the requirement NOTE: The serving sizes of food spedfied In the meal patterns we minimum amounts. if the admWstering agency approves the sponsor to serve smaller portion sues to children under 6 yews, the sponsor must meet the most pattems specified In the Child Care Food Program (CCFP) regulations. You can obtain copies of these regulations from your State sgenoy. Children over 6 yews old may be served Lupo portions, but not Less than the minimum requirements specified In the Summer Food Service grogram regulations. Remember that you do not receive reimbursement for meals thad do not meet the minimum program requirements. Pape 19 CITY OF LUBBOCK SUMINIER LUNCH PROGRAM MENU Day 1 Poor Boy Sandwich 1 oz bologna 1 oz cheese 1/2oz. salami Bread, 2 slices Lettucettomato 1/4 cup Apple Iwhole(1/2 c) Cookie Milk 1 cup Day 2 Peanut Butter/Jelly Sandwich 1 oz. Peanut Butter/Jelly Bread 2 slices Cheese Stick 1 oz. American Cheese Celery Sticks 1/4 cup Apple 1 whole(1/2 c) Milk 1 cup Day 3 Ham & Cheese Sandwich 1 oz. Turkey Ham 1 oz. American Cheese Bread, 2 slices Orange Juice 4 oz. 100% juice Mixed Fruit 3/8 cup Cookie 2 each Milk 1 cup Day 4 Pastrami/Swiss Sandwich 1 oz. Turkey Pastrami 1 oz. Swiss Cheese Bread, 2 slices Potato Salad 1/4 cup Orange 1 whole Cookie 1 each Milk 1 cup Day 5 Turkey Sandwich 3 oz.=2 oz. Meat required Bread, 2 slices Lettuce & Tomato 1/4 cup Jello w/ Peaches 1/2 cup Peaches Milk 1 cup Day 6 Ham & Cheese Sandwich 1 1/2 oz. Ham 1/2 oz. Cheese Bread, 2 slices Lettuce/Tomato/Pickle Chips 1/4 cup Peaches 1/2 cup Cookies 2 each Milk 1 cup Day 7 Bologna & Cheese Sandwich 1 1/2 oz. Bologna 1/2 oz. Cheese Bread, 2 slices Apple Juice 4 oz. 100% Juice Pineapple Chunks 3/8 cup Brownie 1 each Milk 1 cup Day 8 Submarine Sandwich 1 1/2 oz. Bologna 1/2 oz. Cheese Hot Dog Bun Lettuce/Tomato 1/4 cup Orange, whole 1 each (1/2 cup) Cheese Corn Bag 1 each Milk 1 cup Day 9 Peanut Butter/Jelly Sandwich 1 oz. Peanut Butter/Jelly Bread, 2 slices Cheese Stick 1 oz. American Cheese Carrot Sticks 1/4 cup Apple 1 whole (1/2 cup) Grape Juice _ . 1/4 cup -Milk - 1 cup Day 10 Turkey Sandwich 3 oz--2 oz. Meat required Bread, 2 slices LettucelTomato 1/4 cup Applesauce 1/4 cup Orange Juice 1/4 cup Milk 1 cup Day 11 Ham & Cheese Sandwich 1 1/2 oz. Ham 1/2 oz. Cheese Bread, 2 slices Potato Salad 1/4 cup Fruit Cocktail 3/8 cup Pickle Spear 1/8 cup Milk 1 cup SCHEDME D - SPONSOib 11NR PRICE SCHEDULE IMTRUCTIONS: VENDOR: Complete Items (d) and (s) for eactr- Meal Type Total Meals X Cost Total Cost SPORSOR: Complete Items W — (e) for esM Masi Type W UFAL TYK " [will W AMA= OALLY 1 MEALS NEE= W TOTAL M A GER It of MEALS M OIT 3 COST fa TOTAL era lunch 800 40,000 t�✓ 2�� . ADJUSTMEM'S . If the everegs d&Uy meals billed is Ion tha lbs average daily meats needed 1per item (b) above) a one time adjustment to the aett price wilt be made as follows: 4r AM& i�Y #AEALMOM � A 0 COST' Id 81 — 80x 1.05 71 — 80% 1.10 61 — 70% 1.15 b t — 80% 120 60% OR BELOW 130 EXAMPLE: if the average daily meals billed — by the 'average daily meals needed' Qtem b above) . •82 or 82%, multiply the 'unit cosy Qiem d above) by 1.05. The contractor will invoice the sponsor at the 100% vntt cost Indicated above bi—weekly. To determine if an additional cost per meat Is -due the vendor, complete the following alarfsdon- Divide the total number of meals billed by type Quack breakfast or supplement) for the total length of the program by the total number of der 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 rrwdmum operational relmbursemem for each meal type as salad In Part 7 CFR 225 of the federal regulations. 1• Obtained from Columns CM and M 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 totaQng Column (M for each specific meal type. S. Unit cost specifled Is that cost based on 100% Average Meals i+lesded Per Day. PVSzP Form 2628 SCHEDULE D•1 SPOAtSok SUMMARY RID SHEET MEAL TYPE TOT$WER t UNIT COST TOTAL BREAKFAST $ : AAL SLVPLi)+Aw LUNCH �o oc�� $ a .off 3 goo TOTAL I 1 f O QrJ _ • �i'� _ �� Z a� Unit cost truest be Identicel to those unit costs listed on the UNIT PRICE SCHEDULE Par 21