HomeMy WebLinkAboutContract 51113 CITY SECRETARY
CONTRACT NO.�.1-1- ---
SERVICES AGREEMENT
Rolling Frito Lay Sales,LP
This SERVICES AGREEMENT ("Agreement") is made and entered into by and between the
CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and through
Fernando Costa,its duly authorized Assistant City Manager, and Rolling Frito Lay Sales, LP("Vendor"),
a Delaware Limited Partnership,and acting by and through Matthew L.Smith,its duly authorized Director,
Food For Good,each individually referred to as a"party"and collectively referred to as the"parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Services Agreement;
2. Exhibit A—Scope of Services and Price Schedule
Exhibits A and B,which are attached hereto and incorporated herein,are made a part of this Agreement for
all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B or C and the
terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement
shall control.
1. SCOPE OF SERVICES.
Vendor shall provide meals and related utensils for lunches, snacks and suppers as part of After
School Snack and Summer Food Programs for the Neighborhood Services Department as required herein.
Exhibit"A,"-Scope of Services more specifically describes the services to be provided hereunder.
2. TERM.
This Agreement shall begin on June 1, 2018 ("Effective Date")and shall expire on December 31,
2018 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term").
The parties may mutually agree in writing,to renew this Agreement under the same terms and conditions,
for up to four(4)one-year renewal options.
3. COMPENSATION.
City shall pay Vendor in accordance with the fee schedule of Vendor personnel who perform
services under this Agreement in accordance with the provisions of this Agreement and Exhibit`B,"—Price
Schedule. Total payment made under this Agreement for the first year by City shall be up to the amount
of Four Hundred Forty-Six Thousand Ninety Dollars and Forty Cents($446,090.40).Vendor shall not
be obligated to perform, or perform, any additional services or bill for expenses incurred for City not
specified by this Agreement unless City requests and approves in writing the additional costs for such
services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement
unless City fust approves such expenses in writing.
4. TERMINATION.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any
reason by providing the other party with 30 days' written notice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated
by City in any fiscal period for any payments due hereunder, City will notify Vendnr of c,irh nccurrence
*%ices Agreement OFFICIAL RECORD
NM� La 06427-1 CITY SECRETARY
FT.WORTH,TX
and this Agreement shall terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to City of any kind whatsoever, except as to the portions of the
payments herein agreed upon for which funds have been appropriated,provided City does not contract with
a third party to provide the same goods or services for the suspended time period.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior
to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of
termination and Vendor shall continue to provide City with services requested by City and in accordance
with this Agreement up to the effective date of termination. Upon termination of this Agreement for any
reason,Vendor shall provide City with copies of all completed or partially completed documents prepared
under this Agreement.In the event Vendor has received access to City Information or data as a requirement
to perform services hereunder, Vendor shall return all City provided data to City in a machine readable
format or other format deemed acceptable to City.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this
Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement,
Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Vendor, for itself and its officers, agents and employees, agrees
that it shall treat all information provided to it by City ("City Information") as confidential and shall not
disclose any such information to a third party without the prior written approval of City.
5.3 Unauthorized Access.Vendor shall store and maintain City Information in a secure manner
and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in
any way.Vendor shall notify City immediately if the security or integrity of any City Information has been
compromised or is believed to have been compromised,in which event,Vendor shall,in good faith,use all
commercially reasonable efforts to cooperate with City in identifying what information has been accessed
by unauthorized means and shall fully cooperate with City to protect such City Information from further
unauthorized disclosure.
6. RIGHT TO AUDIT.
Vendor agrees that City shall,until the expiration of three (3) years after final payment under this
contract,or the final conclusion of any audit commenced during the said three years,have access to and the
right to examine at reasonable times any directly pertinent books,documents,papers and records,including,
but not limited to, all electronic records,of Vendor involving transactions relating to this Agreement at no
additional cost to City. Vendor agrees that City shall have access during normal working hours to all
necessary Vendor facilities and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice
of intended audits.
7. INDEPENDENT VENDOR.
It is expressly understood and agreed that Vendor shall operate as an independent Vendor as to all
rights and privileges and work performed under this Agreement, and not as agent, representative or
employee of City. Subject to and in accordance with the conditions and provisions of this Agreement,
Vendor shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its officers, agents, servants, employees, consultants and
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subVendors. Vendor acknowledges that the doctrine of respondeat superior shall not apply as between
City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants,
Vendors and subVendors. Vendor further agrees that nothing herein shall be construed as the creation of a
partnership or joint enterprise between City and Vendor. It is further understood that City shall in no way
be considered a Co-employer or a Joint employer of Vendor or any officers,agents,servants,employees or
subVendor of Vendor. Neither Vendor, nor any officers, agents, servants, employees or subVendor of
Vendor shall be entitled to any employment benefits from City. Vendor shall be responsible and liable for
any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants,
employees or subVendor.
8. LIABILITY AND INDEMNIFICATION.
8.1 LIABILITY- VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND
ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTSANDAGREES
TO INDEMNIFY,HOLD HARMLESSAND DEFEND CITY,ITS OFFICERS,AGENTS,SERVANTS
AND EMPLOYEES (EACH AN "INDEMNIFIED PARTY" AND COLLECTIVELY "THE
INDEMNIFIED PARTIES"), FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF
ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY
DAMAGE OR LOSS(INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S B USINESS AND
ANY RESULTING LOST PROFITS)AND/OR PERSONAL INJURY,INCLUDING DEATH, TO ANY
AND ALL PERSONS, TO THE EXTENT CAUSED BY VENDOR'S BREACH OF THIS
AGREEMENT, THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR,ITS
OFFICERS, AGENTS, SERVANTS OR EMPLOYEES; PROVIDED HOWEVER, THAT SUCH
OBLIGATION WILL NOT APPLY TO THE EXTENT SUCH DAMAGE, LOSS, OR INJURY
RESULTS SOLEY FROM THE INDEMNIFIED PARTY'S OWN NEGLIGENCE OR OMISSIONS
OR MALFEASANCE.
9. ASSIGNMENT AND SUBCONTRACTING.
9.1 Assignment. Vendor shall not assign or subcontract any of its duties,obligations or rights
under this Agreement without the prior written consent of City, such consent not to be unreasonably
withheld.If City grants consent to an assignment,the assignee shall execute a written agreement with City
and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this
Agreement.Vendor and Assignee shall be jointly liable for all obligations of Vendor under this Agreement
prior to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, sub Vendor shall execute a written
agreement with Vendor referencing this Agreement under which sub Vendor shall agree to be bound by the
duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor
shall provide City with a fully executed copy of any such subcontract.
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10. INSURANCE.
Vendor shall provide City with certificate(s) of insurance documenting policies of the following
types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant
to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
$2,000,000- Aggregate
(b) Automobile Liability:
$1,000,000- Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Vendor, its employees, agents,
representatives in the course of providing services under this Agreement. "Any
vehicle"shall be any vehicle owned,hired and non-owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the work is being performed
Employers' liability
$100,000- Bodily Injury by accident; each accident/occurrence
$100,000- Bodily Injury by disease; each employee
$500,000- Bodily Injury by disease;policy limit
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall include
City as an additional insured. The term City shall include its employees, officers,
officials,agents,and volunteers in respect to the contracted services.
(b) The workers' compensation policy shall include a Waiver of Subrogation (Right
of Recovery)in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of
coverage shall be provided to City. Ten(10)days' notice shall be acceptable in the
event of non-payment of premium.Notice shall be sent to the Risk Manager, City
of Fort Worth,200 Texas Street,Fort Worth, Texas 76102,with copies to the Fort
Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do business in the
State of Texas. All insurers must have a minimum rating of A- VII in the current
A.M. Best Key Rating Guide,or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management. If the rating is below that
required,written approval of Risk Management is required.
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(e) Any failure on the part of City to request required insurance documentation shall
not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance shall be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS.
Vendor agrees that in the performance of its obligations hereunder, it shall comply with all
applicable federal, state and local laws, ordinances,rules and regulations and that any work it produces in
connection with this Agreement will also comply with all applicable federal, state and local laws,
ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules
or regulations,Vendor shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Vendor, for itself, its personal representatives, assigns, subvendors and successors in interest, as
part of the consideration herein, agrees that in the performance of Vendor's duties and obligations
hereunder,it shall not discriminate in the treatment or employment of any individual or group of individuals
on any basis prohibited by law.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives, (2)delivered by facsimile with electronic confirmation of the transmission,or(3)received
by the other party by United States Mail,registered,return receipt requested, addressed as follows:
To CITY: To VENDOR:
City of Fort Worth Rolling Frito Lay Sales, LP
Attn: Fernando Costa,Assistant City Manager Matthew L. Smith,Director,Food For Good
200 Texas Street 7701 Legacy Drive
Fort Worth,TX 76102-6314 Plano,TX 75024
Facsimile: (817) 392-8654 Email: Matt.Smith@pepsico.com
Facsimile: N/A
With copy to Fort Worth City Attorney's Office at
same address With a copy to:
PepsiCo Law Department
1111 Westchester
White Plains,NY 10604
14. SOLICITATION OF EMPLOYEES.
Neither City nor Vendor shall, during the term of this Agreement and additionally for a period of
one year after its termination, solicit for employment or employ, whether as employee or independent
Vendor,any person who becomes known to City or Vendor in the course of performance of this Agreement
and is or has been employed by the other during the term of this Agreement, without the prior written
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consent of the person's employer. Notwithstanding the foregoing, this provision shall not apply to an
employee of either party who responds to a general solicitation of advertisement of employment by either
party.
15. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, City does not waive or surrender
any of its governmental powers or immunities.
16. NO WAIVER.
The failure of City or Vendor to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Vendor's
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
17. GOVERNING LAW/VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas.If any action,
whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action
shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern
District of Texas,Fort Worth Division.
18. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
19. FORCE MAJEURE.
City and Vendor shall exercise their best efforts to meet their respective duties and obligations as
set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to
force majeure or other causes beyond their reasonable control, including, but not limited to, compliance
with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes,
lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority,
transportation problems and/or any other similar causes.
20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a
part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement.
21. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this Agreement
and that the normal rules of construction to the effect that any ambiguities are to be resolved against the
drafting party shall not be employed in the interpretation of this Agreement or Exhibits A,B, and C.
22. AMENDMENTS/MODIFICATIONS/EXTENSIONS.
No amendment,modification,or extension of this Agreement shall be binding upon a party hereto
unless set forth in a written instrument,which is executed by an authorized representative of each party.
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23. ENTIRETY OF AGREEMENT.
This Agreement, including Exhibits A, B and C, contains the entire understanding and agreement
between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
24. COUNTERPARTS.
This Agreement may be executed in one or more counterparts and each counterpart shall, for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument.
25. WARRANTY OF SERVICES.
Vendor warrants that its services will be of a professional quality and conform to generally
prevailing industry standards.City must give written notice of any breach of this warranty within thirty(30)
days from the date that the services are completed. In such event, at Vendor's option, Vendor shall either
(a) use commercially reasonable efforts to re-perform the services in a manner that conforms with the
warranty,or(b)refund the fees paid by City to Vendor for the nonconforming services.
26. IMMIGRATION NATIONALITY ACT.
Vendor shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon
request by City,Vendor shall provide City with written certification that Vendor has received and reviewed
all I-9 forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services.
27. WORK PRODUCT.
No work product will be created in connection with the goods and services provided pursuant to
this Agreement.
28. SIGNATURE AUTHORITY.
The person signing this Agreement hereby warrants that he/she has the legal authority to execute
this Agreement on behalf of the respective party,and that such binding authority has been granted by proper
order, resolution, ordinance or other authorization of the entity. Vendor will provide City with written
evidence of the signatory's legal authority to execute this Agreement. Each party is fully entitled to rely on
these warranties and representations in entering into this Agreement or any amendment hereto.
29. CHANGE IN COMPANY NAME OR OWNERSHIP
Vendor shall notify City's Purchasing Manager, in writing, of a company name, ownership, or
address change for the purpose of maintaining updated City records. The president of Vendor or authorized
official must sign the letter. A letter indicating changes in a company name or ownership must be
accompanied with supporting legal documentation such as an updated W-9,documents filed with the state
indicating such change, copy of the board of director's resolution approving the action, or an executed
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merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact
future invoice payments.
30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
Vendor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the
City is prohibited from entering into a contract with a company for goods or services unless the contract
contains a written verification from the company that it: (1)does not boycott Israel;and(2)will not boycott
Israel during the term of the contract. The terms"boycott Israel"and"company" shall have the meanings
ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract,
Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1)
does not boycott Israel; and (2)will not boycott Israel during the term of the contract.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples this 2nd
day of August,2018.
(signature page follows)
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ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing l acknowledge that I am the person
(�s� responsible for the monitoring and administration of
this contract,including ensuring all performance and
By.
Name: Pemando Costa reporting requirements.
Title: Assistant City Manager
Date: $�13�t8 By.
Name: Mari D. Francis
APPROVAL RECOMMENDED: Title: Human Services Manager
APPROVED AS TO FORM AND LEGALITY:
By:
ame: Aub Thagard
Title: Neighborhood Services Director By. 16Q N1,
Name: e M bane
ATTEST: Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: P-12198
By: Date Approved: May 15,2018
FaMary Kayser orm 1295 Certification No.: Not Required
City Secret �:'
C�• �r
VENDOR: �(P.5
ROLLING FRITO LAY SALES,LP ATTEST:
By: N/A
By: Name:
Name: Matthew L. Smith. Title:
Title: of tor,Food For Good
Date: /l8
OFFICIAL RECORD
CITY SECRETARY
Services Agreement FTS WORTH,TX
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Exhibit A
Scope of Services and Price Schedule
Summer Food Service Program(SFSP)and Child And Adult Care Food Program(CACFP)
At-Risk Afterschool Care Centers
Invitation for Bid(IFB)and Contract for Purchased Meals
SECTION I
INVITATION FOR BID AND CONTRACT FACE SHEET
This document contains an invitation to FSMCs to bid for the furnishing of unitized meals to be
served to children participating in the Child and Adult Care Program authorized by Section 17 of
the National School Lunch Act,and operated under 7 CFR Parts 225 and 226 of the U.S.
Department of Agriculture regulations. This document sets forth the terms and conditions
applicable to the proposed procurement. Upon acceptance it shall constitute the contract between
the bidder and the CE named below.
Please note that changes to the Invitation for Bid and Contact for Purchased Meals terms are not
allowed. CEs that make or allow changes to terms without prior,written approval by the
Assistant Commissioner or an Administrator of the Texas Department of Agriculture's Food and
Nutrition Division may not use Child and Adult Care Food Program funds to pay FSMC
expenses.
CONTRACTING ENTITY(CE)
Name CE ID#
CITY OF FORT WORTH 101514
Address(Street,City,State,tip Code)
4200 SOUTH FREEWAY SUITE 2200,FORT WORTH,TEXAS 76115
Telephone Number Contact Person
BID OPENING
Bid Issue Date Bid Number Date Time
Location(Street,City,State,tip Code)
CITY OF FORT WORTH PURCHASING DIVISION,200 TEXAS STREET,FORT WORTH,TEXAS 76102
BIDDER INFORMATION
Company Name Telephone Number
Rolling Frito Lay Sales 972 334-5730
Address(Street,City,State,Zip Code)
7701 Legacy Drive Plano,Texas 75024
Signet a Bidd Aut rized Representative(In Ink) Name(Print or Type)
/—" T Matthew L.Smith
Title Director,Food For Good Date 03-30-2018
ACCEPTANCE
Contracting Entity Representative's Signature(In Ink) Date Contract No.
Contracting Entity's Name(Print or Type) Contracting Entity Representative's Title
Page 1 of 47
SECTION II
CERTIFICATION OF INDEPENDENT PRICE DETERMINATION
1. By submission of this bid,the bidder certifies and in the case of a joint bid, each party
thereto certifies as to its own organization,that in connection with this procurement:
A. The prices in this bid have been arrived at independently, without consultation,
communication or agreement,for the purpose of restricting competition,as to any
matter relating to such prices with any other bidder or with any competitor;
B. Unless otherwise required by law,the prices that have been quoted in this bid have
not been knowingly disclosed by the bidder and will not knowingly be disclosed by
the bidder 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 bidder or to
any competitor; and
C. No attempt has been made or will be made by the bidder to induce any person or firm
to submit or not submit a bid for the purpose of restricting competition.
2. Each person signing this bid certifies that:
A. He or she is the person in the bidder'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(1)(A)through
(1)(C) above; or
B. He or she is not the person in the bidder'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 (1)(A)through (A)(C) 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(1)(A)through(1)(C)above.
Sign re Bidder's Ant rued Representative Title Date
Director,Food For Good 03-30-2018
In accepting this bid, the CE's officers, employees or agents have not taken any action,which
may have jeopardized the independence of the bid referred to above.
Signature of Contracting Entity's Authorized Representative Date
(Accepting a bidder's bid does not constitute acceptance of the contract.)
Note: CE and bidder shall execute this Certificate of Independent Price Determination.
Exhibit A-Page 2 of 47
SECTION III
INSTRUCTIONS TO BIDDERS
I. Definitions as used herein
A.Bid—An offer to perform, in accordance with the terms and conditions of this IFB, for
a stipulated price. The bidder's offer.
B.Bid Bond—A copy of the bid bond must accompany the IFB when submitted to the
CE; if the projected contract reimbursement is in excess of$150,000. The CE shall
require a bond in an amount not less than five(5)percent or more than ten (10)percent
of the value of the contract for which the bid is made. The bond must have been
secured from a surety company listed in the U.S. Department of the Treasury Circular
570.
C. Bidder—An FSMC submitting a bid in response to this invitation for bid.
D.Contract—A formal, legally enforceable agreement between the buyer(CE)and the
seller(contractor)that establishes a legally binding obligation for the seller to famish
goods and/or services and for the buyer to compensate the seller.
E. Contracting Entity—An organization that enters into an agreement with TDA to
operate the CACFP and to assume final administrative and financial responsibility for
CACFP operations.The organization which issues the IFB.
F. Contractor—An FSMC which submits a bid in response to this IFB and is awarded a
contract by a CE participating in the CACFP.
G.Code of Federal Regulations (CFR}—The codification of the general and permanent
rules published in the Federal Register by the Executive departments and agencies of
the Federal government.
H.Food Service Management Company (FSMC}—
a. For SFSP: Any commercial enterprise or nonprofit organization with which a CE
may contract for preparing unitized meals, with or without milk, for use in the
SFSP,or for managing a CE's food service operations in accordance with the
SFSP regulations. FSMCs may be: (a) public agencies or entities; (b)private,
nonprofit organizations; or(c)private, for profit companies.
b. For CACFP: An organization other than a public or private nonprofit school, with
which an institution may contract for preparing and,unless otherwise provided for,
delivering meals, with or without milk for use in the Program.
I. Invitation for Bid (IFB}—Tbe document where the procurement is advertised. In the
case of the CACFP,the IFB becomes the contract once both parties agree in writing to
all terms and conditions of the IFB.
Exhibit A-Page 3 of47
J. Performance Bond—This is required when a FSMC and a CE enter into one or more
contracts totaling over $150,000. The amount of the bond must be no less than ten (10)
percent of the value of the contract(s)for which the bid is made. The performance
bond must be from a surety company listed in the U.S.Department of the Treasury
Circular 570.
K.Procurement—The process of obtaining goods and/or services in accordance with
applicable rules and regulations.
L. Responsive Bidder—A bidder whose bid conforms to all the material terms and
conditions of the solicitation.
M.Responsible Bidder—A bidder who is capable of performing successfully under the
terms and conditions of the contract.
N.Texas Department of Agriculture(TDA)—The State agency that administers the
CACFP in the State of Texas.
O.Unitized Meal—An individual portioned meal consisting of a combination of foods
meeting the CACFP meal pattern requirements, delivered as a unit with or without milk
or juice. For SFSP, all meals must be unitized unless the CE submits a written request
for exception to TDA.
P. U.S. Department of Agriculture (USDA)—The federal agency that administers the
CACFP at the national level.
Other terms shall have the meanings ascribed to them in applicable regulations(2 CFR
Part 200 and 7 CFR Parts 225 and 226).
2. Submission of Bids
A.Bidders are expected to examine carefully the specifications, schedules, attachments,
terms and conditions of this IFB. Failure to do so will be at the bidder's risk.
B. Bids must be executed and submitted in triplicate. If accepted,this IFB will become
the contract and one copy of the contract will be forwarded to the successful bidder
with a notice of award. The copy marked as`original"will be maintained by the CE
and shall control over any copy maintained by the FSMC, should there be a variance
between the two.
No changes in the specifications,terms,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.
Exhibit A-Page 4 of 47
C.Bids over$150,000 shall include a bid bond in the amount of 10%of bid price. (CE
shall insert appropriate percentage from 5%to 10%. This must be the same percentage
inserted by the CE on the IFB and Contract Face Sheet). FSMCs must obtain bid bonds
from surety companies listed in the current Department of the Treasury Circular 570.
FSMCs may not post any"alternative"forms of bid bonds, including but not limited to
cash,certified checks, letters of credit, or escrow accounts.
Bid bonds will be returned(i)to unsuccessful bidders as soon as practicable after the
opening of bids and(ii)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 bid 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 provisions 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 terms
and conditions or specifications of this IFB, must be requested in writing prior to the time
and date scheduled for the opening of bids, and must provide the CE with sufficient time
for a reply to reach all bidders before bid opening. Oral explanations or instructions given
before the award of the contract will not be binding. Any information given to a
prospective bidder concerning an IFB will be furnished to all prospective bidders as an
amendment of the IFB, if such information is necessary to bidders in submitting bids on
the IFB, or if the lack of such information would be prejudicial to uniformed bidders.
4. Acknowledecment of Amendments to IFBs
The CE must acknowledge receipt of an amendment to an IFB by a bidder by signing and
returning the amendment. Such acknowledgement must be received prior to the hour and
date specified for bid opening.
5. Discounts
Although a blank is provided for a time discount,prompt payment discounts offered for
payment in less than twenty calendar days will not be considered in evaluating bids for
award. However, offered discounts of less than twenty days will be taken if payment is
made within the discount period even though not considered in the evaluation of bids.
(NOTE: Payment discounts may only be used to determine the low bid when prior
experience of the CE indicates that such discounts are generally taken).
Exhibit A-Page 5 of47
6. Bidders Having Interest in More Than One Bid
If more than one bid is submitted by any one person,by or in the name of a clerk,partner,
or other person, all such bids shall be rejected.
7. Time for Receiviniz Bids
Sealed bids shall be deposited at the address for the CE as specified in this IFB no later
than the exact time and date indicated in this IFB. Bids received prior to the time of
opening will be securely kept by the CE, and will remain unopened until the date and time
for bid openings.
8. Errors in Bids
Bidders or their authorized representatives are expected to fully inform themselves as to
the terms and conditions of this IFB before submitting bids; failure to do so will be at the
bidder's own risk and relief cannot be secured from bidding requirements or the terms and
conditions of the IFB based on the bidder's error or misunderstanding.
9. Award of Contract
A.The contract will be awarded to the lowest responsive and responsible bidder whose bid
conforms to the IFB and will be most advantageous to the CE,price and other factors
considered such as discounts,transportation cost,and life cycle costs.
B.The CE reserves the right to reject any or all bids and to waive informalities and minor
irregularities in bids received if there is a sound documented reason.
C.The CE reserves the right to reject the bid of a bidder, including the lowest bidder, that
previously failed to perform properly, or complete on time, contracts of a similar
nature,or the bid of a bidder that investigation shows is not in a position to perform the
contract.
D.CE reserves the right to accept any bid within 30 days from the date of bid opening.
10. Late Bids Modification of Bids or Withdrawal of Bids
A.Any bid received after the exact time and date specified for receipt of bids will not be
considered unless the bid was in writing, was received by the CE before an award was
made, and was sent to the address,email, or fax number specified in the IFB by regular
mail, certified mail, registered mail,overnight/priority mail,email, or fax not later than
the fifth calendar day prior to the date specified in the IFB for opening bids. For
example, a bid submitted in response to an IFB requiring receipt of bids by the 20'of
the month must have been emailed, faxed, or mailed by the bidder to the CE on or
before the 15'of the month or earlier.
Exhibit A-Page 6 of 47
B.Any modification or withdrawal of a bid is subject to the same conditions as in (A)
above, except that a bidder or an authorized representative may withdraw a bid prior to
the exact time and date set for opening of bids, so long as the bidder establishes the
identity of the person withdrawing the bid to the satisfaction of the CE,and the bidder
or authorized representative signs a receipt for the bid.
C.To establish the date of written submission of a late bid,modification,or withdrawal,
the bidder must provide the CE with:
➢ An envelope or package containing the bid which shows a postmark date on the
envelope or package,or an original receipt from the U.S. Postal Service reflecting
the mailing and attempted delivery of the envelope or package containing the bid
by regular, registered,or certified mail. If the postmark or receipt fails to show 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),or documentation of delivery receipt of regular,registered,or certified
mail from the U.S. Postal Service;or
➢ A delivery confirmation receipt for delivery of the bid by ovemight/priority mail;
or
➢ A copy of the email transmitting the bid, depicting,in legible form,the email
headers showing the date and time the email passed through each server in its route
to the ultimate recipient at the CE; or
➢ A fax confirmation page with legible entries indicating the date and time the fax
was sent by the bidder and received by the CE.
D.Notwithstanding the above, the CE may consider and accept a late modification of a bid
if the modification makes the bid more favorable to the CE,regardless of the date and
time the modification was received by the CE.
Exhibit a-Page 7 of 47
SECTION IV
SCOPE OF SERVICES
1. 2 CFR Part 200,entitled Uniform Administrative Requirements, Cost Principles,and
Audit Requirements for Federal Awards,and 7 CFR Part 226, entitled Child and Adult
Care Food Program,are hereby incorporated by reference. Both the CE and the FSMC
must operate in accordance with all Program regulations.
2. Contractor agrees to deliver:
a. If SFSP(CE check one option):
i. ®unitized meals (breakfasts, lunches, and/or suppers) * inclusive of milk,
and snacks to locations set out in Schedule A,attached hereto and made a
part hereof,subject to the terms and conditions of this solicitation.
ii. ❑(check only if the CE has received approval from TDA)meals
(breakfasts, lunches,and/or suppers) * of milk,and snacks to
locations set out in Schedule A, attached hereto and made a part hereof,
subject to the terms and conditions of this IFB.
b. If at-risk afterschool care centers(CE check one option):
i. ®unitized meals(breakfasts, lunches, and/or suppers) *inclusive of milk,
and snacks to locations set out in Schedule A,attached hereto and made a
part hereof,subject to the terms and conditions of this solicitation.
ii. ❑meals (breakfasts, lunches,and/or suppers) * of milk,and snacks
to locations set out in Schedule A,attached hereto and made a part hereof,
subject to the terms and conditions of this IFB.
3. All meals served and furnished under the applicable program must meet or exceed the
requirements of 7 CFR 225.16 meal service requirements and 7 CFR 226.20,
requirements for meals, and the meal pattern charts located in the SFSP Administration
Guide and the CACFP At-risk Afterschool Care Center Handbook as applicable.
4. The contractor shall fumish meals as ordered by the CE during the period of
** 6/4/2018 to **6/3/2019. Meals served are to be*** five days a week,as specified in
Schedule A.
* Insert"inclusive" or"exclusive" as applicable.
** CE shall insert the contract commencement date and expiration date, to be no more than 12
months in duration.
*** CE shall insert appropriate number of serving days.
Exhibit A-Page 8 of 47
SECTION V
UNIT PRICE SCHEDULE AND INSTRUCTIONS
I. Bidders are asked to submit prices in accordance with Schedule(s)C for meals
with/without milk*meeting the contract specifications set forth in 7 CFR 225-16, 7 CFR
226.20 and the meal pattern charts located in the SFSP Administration Guide and CACFP
At-risk Af3erschool Care Center Handbook as applicable, and to be delivered to all the
sites stated in Schedule A. Please note that bidders must complete a Schedule C for each
meal type (breakfast, lunch, snack, etc.) covered by the IFB.
*CEs should indicate whether or not milk should be included in meals/snacks.
2. Evaluation of Bids and award of the contract will be performed as described in Section III
9.
3. Pricing shall be on the cycle menus described in Schedule B. All bidders must submit bids
on the same cycle menus provided by the CE. Deviation from the cycle menus shall be
permitted only upon authorization of the CE. Bid price must include the price of food
components (including milk, if part of the meal),packaging, transportation,and costs for
nonfood items, if essential to the conduct of the food service(e.g.plates,utensils).
The unit prices of each meal type which the bidder agrees to furnish must be written in ink
or typed in the blank space provided and must include proper packaging as required in the
specifications and delivery cost to the designated sites. Unit prices shall include taxes, but
any charges or taxes which are required to be paid under future laws must be paid by the
bidder at no additional charge to the CE.
4. Average(SFSP) or Estimated (CACFP) Daily Number of Meals are estimated:They are
the best known estimates for requirements during the operating period. The CE reserves
the right to order more or less meals than estimated at the beginning of the operating
period. The Contractor will be paid at the 100%unit cost rate during the payment period
specified. (The CE will indicate in Section VI, Item 4, "Method of Payment,"whether the
payment period is weekly, bi-weekly or monthly). CE does not guarantee orders for
quantities shown.
5. Evaluation of Bidders: Each bidder will be evaluated on the following factors:
A.Financial capability to perform a contract of the scope required.
B.Adequacy of plant facilities for food preparation,with approved license certification
that facilities meet all applicable State and local health, safety and sanitation standards.
C. Previous experience of the bidder in performing services similar in nature and scope.
Bidders shall have at least three (3)years experience in large scale food catering.
D.Other factors such as transportation capability, sanitation, and packaging.
Bidders that do not satisfactorily meet the above criteria may be rejected as nonresponsive and
not be considered for award.
ExhibitA-Page 9 of 47
6. Meal Orders: The CE will order meals on **Friday 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 CE reserves the right to increase or decrease the number of meals ordered on a*** 24
hour notice, or less if mutually agreed upon between the parties to this contract.
**Insert mutually agreed day.
*** CE shall insert appropriate number of hours.
7. Cycle Menu Chance Procedure: Meals will be delivered on a daily basis in accordance
with cycle menus which appear in Schedule B.Menu changes may be made only when
agreed upon in writing by both parties. When an emergency situation exists which might
prevent the Contractor from delivering a specified meal component,the CE shall be
notified immediately so substitutions can be agreed upon. The CE reserves the right to
suggest menu changes within the Contractor's suggested food cost,periodically
throughout the contract period.
8. Noncompliance. The CE reserves the right to inspect and determine the quality of food
delivered and reject any meals which do not comply with the terms and conditions, and
specifications of the Contract. The Contractor will not be paid for unauthorized menu
changes,incomplete meals, meals not delivered within the specified delivery time
period, and meals rejected because they do not comply with the specifications. The
CE 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 CE or
inspecting agency shall notify the Contractor in writing as to the number of meals rejected
and the reasons for rejection.
4. S22cifications.
A. Packaging:
1. Hot Meal Unit—Package suitable for maintaining meals in accordance with local
health standards. Container and overlay must have an air-tight closure,be of non-
toxic material,and be capable of withstanding temperatures of 400 degrees(204° C)
or higher.
2.Cold Meal Unit(or Unnecessary to Heat)—Container and overlay must be plastic or
paper and non-toxic.
3. Cartons—Each carton must be labeled, to include:
a. Processor's name and address (plant);
b. Item Identity,meal type;
c. Date of production; and
d. Quantity of individual units per carton.
Exhibit A-Page 10 of 47
4.Meals shall be delivered with appropriate nonfood item(s): plates,straws for milk,
napkins, single service ware, etc. The CE shall insert the types of nonfood items
that are essential to the conduct of the food service or enter n/a if nonfood items are
not required:
Single service ware, straws,napkins.
B. Food Preparation:
Meals shall be prepared under properly controlled temperatures and assembled not
more than 24 hours prior to delivery.Meals shall be prepared in accordance with State
and local health standards.
C. Food Specifications:
Bids are to be submitted on the cycle menus included in Schedule B. Portions shall,as
a minimum,be the quantities specified by USDA for each component of each meal,as
included in 7 CFR 225.16, 7 CFR 226.20, and the meal pattern charts located in the
SFSP Administration Guide and the CACFP At-risk Afterschool Care Center
Handbook as applicable.
All meals served under the Contract must meet or exceed USDA requirements, and
conform to USDA guidance on food specifications outlined in the"Food Buying Guide
for Child Nutrition Programs."
All meals served under the Contract shall conform to the cycle menus and meal quality
standards and food specifications approved by the TDA and upon which the bid was
based.
Milk means whole milk, low fat milk, skim milk, and buttermilk. All milk must be
fluid and pasteurized and must meet State and local standards for the appropriate type
of milk. Milk may be flavored or unflavored. All milk must contain Vitamins A and
D at the levels specified by the Food and Drug Administration and at levels consistent
with State and local standards for such milk. Milk delivered hereunder shall conform
to these specifications.
Exhibit.4-Page 11 of 47
SECTION VI
GENERAL CONDITIONS
1. Deliverer Requirements
A.Delivery will be made by the Contractor to each site in accordance with the order from
the CE.
B.Meals are to be delivered daily,unloaded, and placed in the designated location by the
Contractor's personnel at each of the sites and times listed in Schedule A.
C.The Contractor shall be responsible for delivery of all meals with or without milk or
juice 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 CE reserves the right to add or delete food service sites. This shall be done by
amendment of Schedule A. Deletion or addition of sites will be made not less than:
i. For SFSP: 24 hours or less. (Insert mutually agreed upon number.)
ii. For CACFP:one week prior to the required date of service.
Any change in transportation cost that occurs as a result of adding or deleting sites shall be
negotiated and noted in the modification. The Contractor's invoice shall show the cost as
a separate item for that site.
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 triplicate:one
copy for the Contractor, one copy for the site personnel, and one copy for the CE.
Delivery tickets must be itemized to show what meal was delivered,the number of
meals delivered, the date and time of delivery, and must match the menu for the day the
meals were delivered and served.The site representative or designee at each site will
check adequacy of delivery and meals before signing the delivery ticket. Invoices shall
be accepted by the CE only if signed by the CE's site representative or designee at the
site.
B. The Contractor shall maintain records (supported by delivery tickets, invoices,receipts,
purchase orders,production records, or other evidence)for this Contract that the CE
will need to meet its responsibilities, and shall submit all required reports to the CE
promptly at the end of each month,unless more frequent reports are required by the
CE.
Exhibit A-Page 12 of47
C. The books and records of the Contractor pertaining to the CE's food service operation
shall be available for inspection and audit by representatives of TDA, USDA, and the
U.S. Government Accountability Office at any reasonable time and place for a period
of three years from the date of receipt of final payment under the Contract, except that,
if audit or investigation findings have not been resolved,such records shall be retained
until all issues raised by the audit or investigation have been resolved and final action
taken.
D. The Contractor shall submit records of all costs incurred in the CE's food service
operation in sufficient time to allow the CE to prepare and submit the claim for
reimbursement to meet the 60-day submission deadline.
4. Method of Payment
A. The Contractor shall submit its itemized invoice to the CE monthly,as specified. Each
invoice shall give a detailed breakdown of the number of meals delivered at each site
during the preceding two weeks or month. Payment will be made at the unit price
specified in the Contract. No payment shall be made unless the required delivery
receipts have been signed by the CE or site representative or designee of the CE.
B. For the purpose of computing payment, no payment will be made to FSMC for meals
that: (i) delivered outside of the agreed upon delivery time; (ii) are spoiled or
unwholesome at the time of delivery; or (iii) do not otherwise meet the meal
requirements contained in this Contract.
The Contractor shall be paid by the CE for all meals delivered in accordance with
this Contract and applicable SFSP and CACFP regulations. However, neither the
USDA nor TDA assumes any liability for payment of differences between the
number of meals delivered by the Contractor and the number of meals served by the
CE that are eligible for reimbursement.
5. Inspection of Facility
A. The CE, TDA, and USDA reserve the right to inspect the Contractor's facilities
without notice at any time during the contract period, including the right to be present
during preparation and delivery of meals.
B. The Contractor's facilities shall be subject to periodic inspections by State and local
health departments or any other agency designated to inspect meal quality for the State.
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. The results of the inspections
must be submitted promptly to the CE and TDA.
Exhibit A-Page 13 of 47
D. The SFSP and CACFP regulations provide that TDA must inspect the FSMC facility as
part of the review of any vended CE. TDA shall respond promptly to complaints
concerning facilities. If a FSMC fails to correct violations noted by TDA during a
review, TDA shall notify the CE and the FSMC of meal disallowances for meals
prepared by the FSMC after a date specified in the notification.
6. Performance Bond Requirement
When applicable,the successful bidder shall provide the CE with a performance bond in
the amount of ten(10)percent of the contract price for contract(s)that total over
$150,000. The FSMC must obtain the performance bond from a surety company listed in
the current Department of the Treasury Circular 570. The FSMC may not obtain any
"alternative"form(s) of performance bond,including but not limited to cash,certified
checks,letters of credit, or escrow accounts.
The performance bond must be famished to the CE within ten days of the awarding of the
contract.
7. Insurance
FSMC shall maintain the insurance coverage set forth below provided by insurance
companies authorized to do business in the State of Texas. At the time of award,the
FSMC shall submit a Certificate of Insurance demonstrating coverage of at least the
amounts indicated below:
A.Comprehensive General Liability-includes coverage for: (i) Premises-Operations; (ii)
Products-Completed Operations; (iii)Contractual Insurance; (iv)BroadForm Property
Damage; (v) acts of Independent Contractors; and(vi)Personal Injury; with a$
1,000,000 Combined Single Limit.
B. Automobile Liability coverage with a$ 1,000,000 Combined Single Limit.
C.Workers'Compensation-Statutory; Employer's Liability with a combined single limit of
$ 100,000.
D.Excess Umbrella Liability with a combined single limit of$ NOT REQUIRED.
E. The CE shall be included as an additional insured on General Liability, Automobile and
Excess Umbrella policies.
F. The FSMC's contract of insurance shall provide for notice to the CE of cancellation of
insurance policies 30 days before such cancellation is to take effect.
G.Notwithstanding any other provision of this Contract,the CE shall not be liable to the
FSMC for any indemnity.
S. Availability of Funds
The CE reserves the right to cancel this Contract if the Federal funding to support the
SFSP and/or CACFP is withdrawn. It is further understood that, in the event of
cancellation of the contract, the CE shall be responsible for meals that have already been
assembled and delivered in accordance with this Contract.
Exhibit A-Page 14 of47
9. Number of Meals and Delivery Times
The Contractor must provide exactly the number of meals ordered. Counts of meals will
be made by the CE at all sites before meals are accepted. Damaged or incomplete meals
will not be included when the number of delivered meals is determined.
10. Emcmencies
In the event of unforeseen emergency circumstances,the Contractor shall immediately
notify the CE by telephone of the following: (i)the impossibility of on-time delivery; (ii)
the circumstance(s)precluding delivery; and(iii)a statement of whether subsequent
deliveries will be affected. No payments will be made for deliveries made later than
***one hours after specified meal time.
*** The CE shall set time so that it does not pay for meals it cannot serve and claim for
reimbursement under the SFSP and/or CACFP.
Emergency circumstances at the site precluding utilization of meals are the concern of the
CE. The CE may cancel orders provided it gives the Contractor at least****24 hours
notice or less if mutually agreed upon between the parties to this Contract.
**** CE shall insert the same number as in Section VI, Item 1.D under General
Conditions.
Adjustments for emergency situations affecting the Contractor's ability to deliver meals,
or CE's ability to utilize meals, for periods longer than 24 hours will be mutually worked
out between the Contractor and the CE.
11. Renewals
This Contract will be in effect for the period indicated in Section IV,Item 4 to be no more
than 12 months, with options to renew yearly, not to exceed four additional years.
Renegotiation of the price charged to the CE will be allowed each year to the extent of the
Consumer Price Index for All Urban Consumers , as published by the U.S.Department of
Labor, Bureau of Labor Statistics, Food Eaten Away from Home South-Size Class B/C
("CPI") ICE insert one CPI regional index: South-Size Class A (population of
metropolitan area over 1.5 million),South-Size Class B/C(Mid-sized and small
population metropolitan area with fewer than 1.5 million),or South-Size D(all
nonmetropolitan areas)] and will be allowed only if agreed to and approved in advance
by Institution. CPI Fee increases for the upcoming contract renewal year must be
documented through a cost analysis and submitted to Institution by April 1 of each year.
No other fee increases will be allowed.
Exhibit A-Page 15 of 47
12. Termination
A. The CE reserves the right to terminate this Contract if the Contractor fails to comply
with any of the terms and conditions or this Contract.
In such case,the CE shall notify the Contractor and surety company of specific
instances of unsatisfactory performance. If the Contractor does not take immediate
corrective action, the CE may require surety to either provide another contractor or CE
may negotiate another contract. The CE shall be entitled to negotiate another contract
on either a competitive or non-competitive basis. In any case,the defaulting contractor
and/or surety company shall be liable to the CE for any difference in price between the
new contract and the terminated contract. Prior to termination, the CE shall contact
TDA concerning procedures for conducting a re-procurement action.
B. The CE may, by written notice to the Contractor, terminate the right of the Contractor
to proceed under this Contract if it is found by the CE that gratuities in the form of
entertainment, gifts or otherwise were offered or given by the Contractor to an officer
or employee of the CE with a view toward securing a contract or securing favorable
treatment with respect to the awarding or amending of the Contract;provided that the
existence of the facts upon which the CE makes such findings shall be an issue and
may be reviewed in any competent court.
C. In the event this Contract is terminated as provided in paragraph(B)hereof, the CE
shall be entitled to(i)pursue the same remedies against the Contractor as it could
pursue in the event of the breach of the Contract by the Contractor,and (ii)pursue
other damages in an amount which shall not be less than three nor more than ten times
the cost incurred by the Contractor in providing any such gratuities to any such officer
or employee.
D. The rights and remedies of the CE provided in this clause shall not be exclusive and are
in addition to any other rights and remedies provided by law or under the Contract.
E. In addition to the foregoing termination provisions, and without any limitation on CE's
rights to terminate the Contract in Section VI, Item 12, "Termination,"either party may
terminate this Contract for cause upon providing advance written notice of sixty(60)
days to the other party. In the event of a termination for cause,the party to be charged
shall have a reasonable period to cure not to exceed thirty(30)days. Failure to cure
shall entitle the non-breaching party to continue with termination for cause.
F. This Contract may be terminated by mutual agreement of the parties. Such agreement
must be in writing.
13. Subcontractors and Assignments
The Contractor shall not subcontract for the total meal, with or without milk,or for the
assembly of the meal.
Exhibit A-Page 16 of47
SECTION VII
GENERAL PROVISIONS AND CERTIFICATIONS
The Contractor shall comply with the following provisions and certifications, as applicable.
1. Contracts for more than the simplified acquisition threshold currently set at$150,000,
which is the inflation adjusted amount determined by the Civilian Agency Acquisition
Council and the Defense Acquisition Regulations Council(Councils)as authorized by 41
U.S.C. 1908, must address administrative,contractual, or legal remedies in instances
where contractors violate or breach contract terms,and provide for such sanctions and
penalties as appropriate.
2. All contracts in excess of$10,000 must address termination for cause and for convenience
by the non-Federal entity including the manner by which it will be effected and the basis
for settlement.
3. Equal Employment Opportunity
Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition
of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal
opportunity clause provided under 41 CFR 60-1.4(b),in accordance with Executive Order
11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965
Comp.,p. 339),as amended by Executive Order 11375, "Amending Executive Order
11246 Relating to Equal Employment Opportunity,"and implementing regulations at 41
CFR part 60, "Office of Federal Contract Compliance Programs,Equal Employment
Opportunity,Department of Labor."
4. Davis-Bacon Act as amended (40 U.S.C. 3141-3148)
When required by Federal program legislation, all prime construction contracts in excess
of$2,000 awarded by non-Federal entities must include a provision for compliance with
the Davis-Bacon Act(40 U.S.C. 3141-3144, and 3146-3148)as supplemented by
Department of Labor regulations (29 CFR Part 5,"Labor Standards Provisions Applicable
to Contracts Covering Federally Financed and Assisted Construction"). In accordance
with the statute, contractors must be required to pay wages to laborers and mechanics at a
rate not less than the prevailing wages specified in a wage determination made by the
Secretary of Labor. In addition, contractors must be required to pay wages not less than
once a week. The non-Federal entity must place a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitation. The decision to
award a contract or subcontract must be conditioned upon the acceptance of the wage
determination.
The non-Federal entity must report all suspected or reported violations to the Federal
awarding agency. The contracts must also include a provision for compliance with the
Copeland"Anti-Kickback" Act(18 U.S.C. 874 and 40 U.S.C. 3145),as supplemented by
Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on
Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the
United States").
Exbibit A-Page 17 of 47
The Act provides that each contractor or subrecipient must be prohibited from inducing,
by any means, any person employed in the construction,completion,or repair of public
work,to give up any part of the compensation to which he or she is otherwise entitled.
The non-Federal entity must report all suspected or reported violations to the Federal
awarding agency.
5. Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708)
Where applicable, all contracts awarded by the non-Federal entity in excess of$100,000
that involve the employment of mechanics or laborers must include a provision for
compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
regulations(29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be
required to compute the wages of every mechanic and laborer on the basis of a standard
work week of 40 hours. Work in excess of the standard work week is permissible
provided that the worker is compensated at a rate of not less than one and a half times the
basic rate of pay for all hours worked in excess of 40 hours in the work week. The
requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no
laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary,hazardous or dangerous. These requirements do not
apply to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
6. Rights to Inventions Made Under a Contract or Agreement
If the Federal award meets the definition of"funding agreement"under 37 CFR §401.2
(a) and the recipient or subrecipient wishes to enter into a contract with a small business
firm or nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that"funding
agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR
Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business
Firms Under Government Grants, Contracts and Cooperative Agreements," and any
implementing regulations issued by the awarding agency.
7. Clean Air Act (42 U.S.C. 7401-7671q.)and the Federal Water Pollution Control Act(33
U.S.C. 1251-1387), as amended
Contracts and subgrants of amounts in excess of$150,000 must contain a provision that
requires the non-Federal award to agree to comply with all applicable standards,orders or
regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671 q) and the Federal
Water Pollution Control Act as amended(33 U.S.C. 1251-1387). Violations must be
reported to the Federal awarding agency and the Regional Office of the Environmental
Protection Agency(EPA).
Exhibit A-Page 18 of 47
8. Energy Policy and Conservation Act(Pub. L. 94-163)
Contractors shall maintain compliance with mandatory standards and policies relative to
energy efficiency contained in the State's energy efficiency conservation act-
9. Procurement of Recovered Materials
See 2 CFR§200.322 Procurement of recovered materials. A non-Federal entity that is a
state agency or agency of a political subdivision of a state and its contractors must comply
with section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act.
The requirements of Section 6002 include procuring only items designated in guidelines
of the Environmental Protection Agency(EPA)at 40 CFR part 247 that contain the
highest percentage of recovered materials practicable,consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds$10,000 or
the value of the quantity acquired during the preceding fiscal year exceeded$10,000;
procuring solid waste management services in a manner that maximizes energy and
resource recovery; and establishing an affirmative procurement program for procurement
of recovered materials identified in the EPA guidelines.
10. Civil Rights
The contractor shall comply with the following civil rights laws, as amended: Title VI of
the Civil Rights Act of 1964;Title IX of the Education Amendments Act of 1972; Section
504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title 7 CFR
Parts 15, 15a,and 15b; the Americans with Disabilities Act; and FNS Instruction 113-1,
Civil Rights Compliance and Enforcement–Nutrition Programs and Activities.
1 L Certifications
The FSMC shall comply with the following provisions and execute the following
certifications:
A. Debarment and Suspension Certification—Debarment and Suspension(Executive
Orders 12549 and 12689). A contract award(see 2 CFR 180.220) must not be made to
parties listed on the governmentwide exclusions in the System for Award Management
(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implcmcnt
Executive Orders 12549 (3 CFR part 1986 Comp.,p. 189) and 12689(3 CFR part
1989 Comp.,p. 235), "Debarment and Suspension." SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as
parties declared ineligible under statutory or regulatory authority other than Executive
Order 12549.
Debarment certification shall be provided by:
i) the CE providing the page from The System for Award Management and maintaining
such record with other supporting documentation to demonstrate that the CE had
referenced The System for Award Management, which is available at
https://www.sam.gov,or
Exhibit A-Page 19 of 47
ii)that by signing this contract that the FSMC certifies that neither it nor any principal
is presently debarred, suspended, proposed for debarment,declared ineligible,or
voluntarily excluded from participation in this contract by any federal department or
agency or by the State of Texas,or
iii) submitting the TDA Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion for Covered Contracts form,which is attached to this
contract as Schedule D and fully incorporated herein.
B. Anti-Collusion Affidavit which is attached to this contract as Schedule E and fully
incorporated herein.
C. Certification Regarding Lobbying—Byrd Anti-Lobbying Amendment(31 U.S.C.
1352). Contractors that apply or bid for an award exceeding$100,000 must file the
required certification, which is attached to this contract as Schedule G and fully
incorporated herein. Each tier certifies to the tier above that it will not and has not used
Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency,a Member of Congress,
an officer or employee of Congress, or an employee of a member of Congress in
connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal
contract,grant, loan,or cooperative agreement covered by 31 U.S.C. 1352. Each tier
must also disclose any lobbying with non-Federal funds that takes place in connection
with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the non-Federal award. The contractor must also complete and submit Standard
Form–LLL, Disclosure of Lobbying Activities, when applicable, which is attached to
this contract as Schedule H and fully incorporated herein.
Exhibit A-Page 20 of 47
SCHEDULE A—SFSP
SITE INFORMATION LIST
Enter site information or attach equivalent information. Read instructions for completion
of the site information list on the next page. Attach additional pages as needed.
Contracting Entity CE Name CE Address CE Contact Person/Phone Number
Marie Francis
CITY OF FORT WORTH 4200 SOUTH Human Services Manager
FREEWAY SUITE
2200,FORT WORTH, (817) 392-5798
TEXAS 76115
Site Contact Refrig.AD Total Avg Delivery
Site Name and Person/ Meals? Begin End Das Meal Meals/ Total 11me far
Address Phone# Yes or No Date Date Op. Type Day Meals Each Meal
Type
SEE EXHIBIT A, Breakfast
SCHEDULE A- AM Snack
SFSP SITE
INFORMATION Lunch
LIST PM Snack
supper
Site Contact Retrig.All Total Avg Delivery
Site Name and Begin End Meal Total Timefor
Address Perron/ Meals? Date Date Days Type Meals/ Meals Each Meal
Phoned Yes or No Op. Day Type
Breakfast _
AM Snack
Lunch
PM Snack
Supper
Site Contact Rettig.AB Total AvgDeliverySl*Name and Person/ Meals? Begin End Days Meal Meals/ Total Time for
Address Phone# Yes or No Date Date Type Day Meals Each Meal
OP- Tyw
Breakfast
AM Snack
Lunch
PM Snack
Supper
Exhibit A-Page 21 of 47
Site Contact Refrig.All Total Avg Delivery
Site Name and Person/ Meals? Begin End Meal Meahl Total Time for
Address Phone# Yes or No Date Date � Type Day Meals Each Meal
Type
Breakfast
AM Snack
Lunch
PM Snack
Supper
Site Contact Reft*AB Total Avg Delivery
Site Name and Begin End Meal Total TIM for
Pbone# Yea or No OpypDay
Address Pernod Mesh? Date Date Days Te Meati/ Meals Each Meal
Type
Breakfast
AM Snack
Lunch
PM Snack
Su er
Delivery
Site Contact Rehig.Ali Total Avg
Site Name and Begin End Meal Total Time for
Address Phone# Y orsNo Date Date OR Type Day Meati Each Meal
Type
Breakfast
AM Snack _
Lunch
PM Snack
Supper
Site Contact Meeh/
Rzfrlg;AD Total Avg Delivery
Pernod Meals? Begin Site Name and Begin End Moal Total Time for
Address Phone# Yes or No Date Date Op. Type Day Mesh Each Meal
Type
Breakfast _
AM Snack
Lunch
PM Snack
Supper
Exhibit A-Page 22 of 47
SCHEDULE A-CACFP
SITE INFORMATION LIST
Enter site information or attach equivalent information. Read instructions for completion
of the site information list on the next page. Attach additional pages as needed.
Site Contact Refrig.All Total Eat Delivery
Site Name and Begin End Meal lst Total Time for
Phone# Yes or N
Address Pernod et or N Op.
No p. Type Day Meat Ese6 Meal
Type
SEE EXHIBIT B, Breakfast
SCHEDULE A- AM Snack
CACFP SITE
INFORMATION Lunch
LIST PM Snack
Supper
Eve Snack
very
Site Name and Site Contact Refrig.Ali Begin End Tom Meal Est Total Time s
Address Phon# Yes or No Date Date OP Type MDay Meals Each Meal
Type
Breakfast
AM Snack _
Lunch
PM Snack
Supper
Eve Snack
Site Contact Relft AB Total Est Delivery
Site Name and person/ Meek? Boon End Days Meal Meals/ Total Time for
Address Phone# Yen or No Date Date OP Type Day Meats Eaeh Meal
Type
Breakfast
AM Snack
Lunch
PM Snack
Supper
Eve Snack
Site Contact Befrig.AB Total Est Delivery
She Name and Person/ Meal? Begin End Dar Meal Meals! Total Time for
Address Phone# Yes or No Date Date Type Day MMealsOP- Eseh pMeal
e
TY
Breakfast
AM Snack
Lunch
PM Smack
Supper
Eve Snack
Exhibit A-Page 2=of47
Ste Contact Refrlg.AD Total EsL every
Site Name sod Person/ Mesh? Begin End D Meal Meals/ Total Time for
AddressPhome# Yes or No Date Date � Type Day Mull Each Meal
Type
Breakfast
AM Snack
Lunch
PM Snack
Supper
Eve Snack
Ste Contact Retrig.AD Total Eat Delivery
Site Name and Begin End Meal Total Time for
Address Person/ Mesh? Date Date Days Type Meals/ Mesh Each Meal
Pham# Yn or No Op. Day TypeBreakfast
AM Snack
Lunch
PM Snack
Supper
Eve Snack
Site Contact Refrig.AD Total Est Delivery
Site Name mod Begin End Meal Total Time for
Address Pernod Meals? Date Date Days Type Meals/ Meati Each Meal
Phone# Yes or No Op. Day Type
Breakfast
AM Snack
Lunch
PM Snack
Supper
Eve Snack
Site Contact Refrig.All Total EsL Delivery
Site Name and _ Been End Meal ul Total Time for
Address Phone# Y�No Date Date D� Type Dey Meals Each Meal
Type
Breakfast
AM Snack
Lunch
PM Snack
Supper
Eve Snack
Exhibit A-Page 24 of47
INSTRUCTIONS FOR COMPLETION OF SCHEDULE A
SITE INFORMATION LIST
Contracting Entity(CE)Name—Enter the legal name of the CE
CE Address—Enter the address of the CE
CE Contact Person/Phone Number—Enter the name of the CE's contact person and their
telephone number
For each SFSP site and CACFP site complete the following in the appropriate table:
Site Name and Address—Enter the name and address of the site. Use the correct street
address where meals will be delivered
Site Contact Person/Phone#—Enter the name of the site's contact person and their
telephone number
Refrigerate All Meals?—Enter"yes"or"no"to indicate if site has adequate refrigeration to
store all meals ordered and could receive early deliveries
Begin Date—Enter the date the site will begin serving meals
End Date—Enter the date meal service will end for the site
Total Days Op.—Enter the total number of days meals will be served at the site
Est.Meals/Day—Enter,by appropriate meal type, the number of each type of meal that is
estimated to be served each date at the site.
Delivery Time for Each Meal Type—Enter the delivery time for each meal type
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 FSMC to arrive at their bid prices. The
FSMC awarded the bid will accept changes after the bid opening.
Exhibit A-Page 25 of 47
EXHIBIT A SCHEDULE A-SFSP
SITE INFORMATION LIST
Contracting Entity(CE)Name 1CE Address CE Contact Person/Phone Number
4200 SOUTH FREEWAY SUITE 2200 Marie Francis-Human Services Manager
-ITY OF FORT WORTH FORT WORTH,TEXAS 76115 (817)392-5798
rrMy
Time for
Site Name and StsecootactPersaa/ Begin End Meal EsLMeaW Each Mad
Address Phone Number Daae tole Days Type Day Type
Andrew Doc Session Community Center Maria Garza 6/11/2018 8/10/2018 M-F Lunch 50 10:00 AM
201 S.Sylvania Ave.,Fort Worth,TX 76111 817-392-6585 PM Snack SO 1:30 PM
rborlawn United Methodist Church Daphne Brookins 6/12/2018 8/14/2018 Tuesday JAM Snack 100 7:00 AM
5001 Briarhaven Rd,Fort Worth,TX 76109 817-733-0727
Chisholm Trail Community Center Rachel Scuggs 6/11/2018 8/10/2018 M-F Lunch 75 10:00 AM
4936 McPherson Blvd.,Fort Worth,TX 76123 817-392-8070 PM Snack 75 1:00 PM
Como Community Center Clara Kirby WI 1/2018 8/10/2018 M-F Lunch 180 10.00 AM
4900 Home St,Fort Worth,TX 76107 817-392-5300 PM Snack 180 1:00 PM
Diamond Hill Community Center Maria Skinner 6/4/2018 8/17/2018 M-F Lunch 70 10:00 AM
1701 NE 36th St,Fort Worth,TX 76106 817-392-5485 PM Snack 70 1:00 PM
Fire Station Community Center Dallas Rayborn 6/4/2018 8/17/2018 M-F Lunch 120 10:00 AM
1601 Lipscomb St,Fon Worth,TX 76104 817-392-2240 PM Snack 120 2:00 PM
Greenbrlar Community Center Daniel Duncan 6/11/2018 8/10/2018 M-F Lunch 128 10:00 AM
5200 Hemphill St,Fort Worth,TX 76115 817-392-6270 PM Snack 128 1:30 PM
Highland Hills Community Center PeterKiganya 6/11/2018 8/17/2018 M-F Lunch 100 10.00 AM
1600 Glasgow Rd.,Fort Worth,TX 76134 817-392-2580 PM Snack 100 1:30 PM
Hillside Community Center Anthony Williams 6111120)8 8/10/2018M-F Lunch 75 10:30 AM
1201 East Maddox Ave.,Fort Worth,TX 76104 817-392-7660 PM Snack 75 1:00 PM
North Side Community Center Rosy Perez 6/4/2018 8/17/2018 M-F Lunch 50 9:30 AM
1100 NW ISth St.,Fort Worth,TX 76164 817-392-5992 PM Snack 60 1:30 PM
North Tri-Ethoic Community Center Travis Hawvennale 6/4/2018 8/17/2018 M-F Lunch 45 10:00 AM
2950 Roosevelt,Fort Worth,TX 76106 817.392-5200 PM Snack 45 2:00 PM
R.L.Paschal High School Sandra Medina 6/11/2018 7/27/2018 M-E jLuncb 300 10:00 AM
3001 Forest Park Blvd,Fort Worth,TX 76110 817-392-5747 PM Snack 300 1:00 PM
RD Evans Community Center Amber Bryant 614/2018 8/17/2018 M-F Lunch 130 10:00 AM
3242 Lackland Rd,Fort Worth,TX 76116 817-392-7400 PM Snack 130 1:00 PM
Riverside Community Center Sam 01nionnell 6/11/2018 8/10/2018 M-F Lunch 75 10:00 AM
3700 E Belknap,Fort Worth,TX 76131 817-392-7640 PM Snack 7S I:00 PM
Rolling Hills Park Charles Douglas 6/4/2018 8/17/2018 M-F Lunch 120 10:00 AM
2900 Joe B.RushinK Rd.,Fort Worth,TX 76119 682-559-2328 1PM Snack 120 12:00 PM
Seminary Hills Park Elementary School Sandra Medina 6/11/2018 7/27/2018 M-F Lunch ISO 10:00 AM
5037 Townsend Dr,Foil Worth,TX 76115 817-392-5747 PM Snack 150 1:00 PM
outbside Community Center Felicia Johnson 6/11/2018 8/10/2018 M-F Lunch 60 1045 AM
959 E.Rosedale St,Fort Worth,TX 76104 817-392-6605 PM Snack 60 1:30 PM
Southwest community Center Raul Meza Ill 6/11/2018 &10/2018 M-F Lunch 110 9:30 AM
6300 Welch Ave,Fort Worth,TX 76133 817-392-7613 PM Snack 110 12:00 PM
Sycamore Recreation Center Frances Efiong 6/11/2018 8/10/2018 M-F Lunch 70 10:00 AM
2525 E.Rosedale St,Fort Worth,TX 76105 817-392-7650 PM Snack 70 1:00 PM
Thomas Place Community Center Kendall Bales 6/4/2018 8/17/2018 M-F Lunch 40 10:00 AM
4237 Lafayette Ave,Fort Worth,TX 76107 817-392-7427 PM Snack 40 2:00 PM
Victory Forest Community Center Tina Nikkils 6/11/2018 8110/2018 M-F Lunch 100 10:00 AM
3427 Hemphill St,Fort Worth,TX 76110 817-392-8200 jPM Snack 80 1:30 PM
Watauga Community Center Brian TenEyck 6/11/2018 6/20/2018 AM Snack 70 9.00 AM
7901 Indian Springs Rd,Watauga,TX 76148 817-514-5893
Worth Heights Community Center Latandria Shogelola 6/4/2018 8/17/2018 M-F Lunch 90 9:30 AM
3551 New York Ave,Fort Worth,TX 76110 817-8714722 PM Snack 90 1:00 PM
"Shelf stable snacks may be delivered in advance
Exhibit A-Page 26 of 47
EXHIBIT B SCHEDULE A-CACFP
SITE INFORMATION LIST
Raft CE Nrmml> ICE Addrross ICE Coirtaer Peralro boae Number
4200 SOUTH FREEWAY SUITE 2200 Marie Francis-Human Services Manage
CITY OF FORT WORTH FORT WORTH,TEXAS 76115 1(817)392-5798
LACIEvery
Time ter
S11e Name and Slit Comtaetremai Begin End MAW Fak Maw Each Mal
Address Pb are Number Date Date Days Type Day Type
Andrew Doc Session Community Center Maria Garza 8/20/2018 5/31/2019 M-F Supper 25 2:30 PM
201 S.Sylvania Ave.,Fort Worth,TX 76111 817-392-6585
Chisholm Trail Community Center ttaehd Scuggs 8/20/201$ 5/31/2019 M-F Supper 75 2:00 PM
936 McPherson Blvd..Fort Worth,TX 76123 817-392-8070
Coma Community Center Clara Kirby 8/20/2018 5/31/2019 M-F Supp- 120 3:00 PM
900 Home St,Fort Worth,TX 76107 817-392-5300
Diamond Hill Community Center Maria Skinner 8/20/2018 5/31/2019 M-F Supper 75 2:30 PM
1701 NE 36th St,Fort Worth.TX 76106 817-392-5485
Eugene M ccray Community Center Evelyn Jackson 11/1/2018 5/3112019 M-F Supper 25 3:15 FM
4932 Witbarger,Fort Worth,TX 76119 817-392-7146
Fire Station Community Center Dallas Rayborn 8120/2018 5/31/2019 M-F Supper 70 2.00 PM
1601 Lipscomb St,Fort Worth,TX 76104 817-392-2240
Greenbriar Community Center Daniel Durran &/20/2018 5/31/2019 M-F Supper 50 3:00 PM
5200 Hemphill St,Fort Worth,TX 76115 817-392-6270
Handley Meadowbrook Community Center Keisi Winn I1/l/2018 5/31/2019 M-F Su 30 2:00 PM
1600 Glasgow Rd.,Fort Worth,TX 76134 817-392-2830
Highland HIBs Community Center Peter Kiganya 8/20/2018 5/31/2019 M-F Supper 1 40 3:00 PM
1600 Glasgow Rd.,Fart Worth,TX 76134 817-392-2580
Hillside Community Center Octavian Davis 8/2012018 5/31/2019 M-F S"jn 40 230 FM
1201 East Maddox Am,Fort Worth,TX 76104 817-392-7660
Hugh Smith Recreation Center Daniel Gonzalez 8/20/2018 5/31/2019 M-F Su 55 2:45 PM
1100 NW 18th St.,Fort Worth,TX 76164 817-575-8291
Martin Luther King Community Center Jelin Smith 8/20/2018 5/31/2019 M-F Supper 30 4:00 PM
5565 Truman Dr,Fort Worth,TX 76112 817-871-5960
North Side Community Center Rosy Perez 8/20/2018 5/31/2019 M-F ISupper 30 2:45 PM
1100 NW 18th St.,Fort Worth,TX 76164 817-392-5992
North Tri-Ethnic Community Center Travis Hawvemmale 8/20/2018 5/31/2019 M-F Supper 30 230 PM
2950 Roosevelt,Fort Worth,TX 76106 817-392-5200
RD Evans Community Center Amber Bryant 8/20/2018 5/31/2019 M-F Supper 60 230 PM
3242 Lackland Rd,Fort Worth,TX 76116 817-392-7400
Riverside Community Center Sem O'Donnell 912012019 5/31/2019 M-F Supper 20 3:00 PM
3700 E Belknap,Fort Worth,TX 76131 817-392-7640
Southside Community Center Felicia Johnson 8120/2018 5/31/2019 M-F Su 20 130 PM
59 E,Rosedale St,Fort Worth,TX 76104 817-392-6605
Southwest Community Center Raul Meza QI 8/2012018 5/31/2019 M-F Sapp- fi0 3:00 PM
300 Welch Ave,Fort Worth,TX 76133 817-392-7613
Sycamore Community Center Frances Efmong 8/20/2018 5/31/2019 M-F Supper 20 3:00 PM
2525 E.Rosedale St,Fort Worth,TX 76105 817-392-7650
omm Place Community Center Kendall Bales 8/20/2018 5/31/2019 M-F Supper 60 2:30 PM
4237 Lafayetre Ave,Fort Worth,TX 76107 817-392-7427
Victory Forest Community Center Tina Nikkils 8120/2018 5/31/2019 M-F ;Upper 80 3:00 PM
427 Hemphill St,Fort Worth,TX 76110 817-392-8200
Worth Heights Community Center Latandria Shogelola 8120/2018 5/31/2019 MF S er 50 2:30 PM
3551 New York Ave,Fort Worth,TX 76110 817-871-8722
"Snacks may be ordered during school breaks
"Supper times may change during school breaks
Exhibit A-Page 27 of 47
SCHEDULE B
Sample Cycle Menu
Monday Tuesday Wednesday Thursday Friday
Week Bean&cheese burrito Sweet and sour Whole grain tortilla Spaghetti casserole Oven baked parmesan
1 onwhole grain tortilla chicken rollup with hummus chicken
and veggies Mixed spinach and
Mexicali corn Brown rice green salad Whole grain bread
Romaine salad stick
Fresh strawberries Fresh snap sugar peas Orange slices Fresh cantaloupe
Sweet potatoes
Low-fat or fat-free Mandarin oranges ow-fat or fat-free Low-fat or fat-free
milk milk milk Low-fat or fat-free
Low-fat or fat-free milk
milk
Week Black bean taco Tuna sandwich on Chicken stir fry Chicken and Mexican pizza on
2 whole grain bread Brown rice Sliced vegetable soup whole grain tortilla
Fresh sliced oranges Steamed
cucumber and Fresh broccoli and broccoli Whole grain crackers Sliced peppers
tomatoes cauliflower
Low-fat or fat-free Fresh plums Canned peaches
Fresh peaches Fresh blueberries milk
Sweet potato strips Low-fat or fat-free
Low-fat or fat-free Low-fat or fat-free milk
milk milk Low-fat or fat-free
milk
Week Sloppy joes on whole Turkey burrito on Minestrone soup Turkey ham and Taco salad
3 grain bun whole grain tortilla cheese sandwich on
Whole grain roll whole grain bread Baby carrots
Broccoli salad Fruit Refried beans
salad Fresh apples Three bean salad Canned pears
Fresh honeydew
Low-fat or fat-free Low-fat or fat-free Fresh watermelon Low-fat or fat-free
milk Low-fat or fat-free milk milk
milk Low-fat or fat-free
milk
Week Meatloaf Turkey and cheese on Vegetable chili Oven baked chicken BBQ chicken
4 whole grain bread sandwich on whole
Whole grain roll Corn muffins Brown rice grain bun
Vegetable soup Fresh
Yellow squash bananas Fresh kiwi Stir fry vegetables Steamed zucchini
Frozen raspberries Low-fat or fat-free Low-fat or fat-free Frozen peaches Mixed fruit
milk milk
Low-fat or fat-free Low-fat or fat-free Low-fat or fat-free
milk milk milk
Exhibit A-Page 28 of 47
SCHEDULE C
UNIT PRICE SCHEDULE
Instructions:
Contracting Entity: Complete Items(b) and(c) for each Meal Type for which the CE is
requesting a bid.
Bidder: Complete Items (d)and (e) for each Meal Type for which a bid was requested.
(a) (b) (c) (d) (e)
Meal Type Estimated Daily Total Number of Fl=ed Price Unit
(i.e.,Lunch) Meals Needed Meals Cost Total Bid
Breakfast 0 0
AM Snack 165 1,500 .79 $1,185.00
Lunch 2,000 95,000 2.55 $242,250.00
PM Snack 2,000 95,000 .79 $75,050.00
Supper 1,000 175,000 2.55 $446,250.00
Eve Snack 0 0 0
CACFP only)
Prompt Payment Discount (to be entered 1 % for payment within 10 days.
by bidder
SFSP Meals only-Adjustments:
If the average daily meals billed is less than the Average Daily Meals Needed (per item(b)
above), a one time adjustment to the unit price will be made as follows:
Average Daily Meals Billed Multiply"Unit Cost"(d)by this
Average Daily Meals Needed Amount
81-90% 1.05
71-80% 1.10
61-70% 1.15
51-60% 1.20
50%or Below 1.30
Example: If the"Average Daily Meals Billed"_the"Average Daily Meals Needed"(item
(b)above)=.82 or 82%, multiply the"Unit Cost" (item (d)above) by 1.05.
The FSMC will invoice the CE at the 100% Unit Cost indicated above **monthly. To
determine if an additional cost per meal is due to the FSMC, complete the following
calculation. Divide the total number of meals billed by type(breakfast, lunch,etc.) for the
total length of the SFSP by the total number of days the SFSP was operated. Any additional
changes resulting from this higher"adjustment"will be reflected in the final statement from
the FSMC.
Exhibit A-Page 29 of 47
Requirements Contract
a) This is a requirements contract for the Services specified in Section I and Schedules
attached herein and for the period set forth herein. The quantities of such services
specified herein are estimates only and are not purchased hereby. Except as may be
otherwise provided herein, in the event the Institution's requirements for services set forth
in Section I and the Schedules do not result in orders in the amounts or quantities
described as"estimated,"such event shall not constitute the basis for an equitable price
adjustment under this contract.
b) The Institution shall not be required to purchase from the Contractor any minimum
number of requirements.
c) The Institution may issue orders that provide for delivery to or performance at multiple
destinations.
d) The Institution shall not be obligated to place any minimum dollar amount of orders under
this Contract or any minimum number of orders. The utilization of the contractor for
services specified in Section I and the Schedules will be dependent upon the needs and
requirements of the Institution.
Exhibit A-Page 30 of47
SCHEDULE C-1
SUMMARY BID SHEET
Meal Type Total Number of Fixed Price Unit Total
Meals Cost,
Breakfast 0 $ $ 0
AM Snack 1,500 $ .79 $ $1,185.00
Lunch 95,000 $ 2.55 $ 242,250.00
PM Snack 95,000 $ .79 $ 75,050.00
Supper 175,000 $ 2.55 $ 446,250.00
Eve Snack(CACFP 0 $ $ 0
and
TOTAL 366,500 $ $ 764,735.00
"Fixed Price Unit Cost"must be identical to those unit costs listed on the Unit Price Schedule
(Schedule Q.
Exhibit A-Page 31 of 47
SCHEDULE D
Certification Regarding Debarment, Suspension, Ineligibility,
and Voluntary Exclusion for Covered Contracts
This certification is required by the regulations implementing Executive Order 12549,Debarment
and Suspension, 7 CFR Part 417, Section 417.332, Participants' responsibilities.
(1)The prospective contractor certifies to the best of its knowledge and belief that it and
its principals:
(a) Are not presently debarred, suspended,proposed for disbarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining,attempting to obtain, or performing a public
(Federal, State,or local) transaction or contract under a public transaction;violation of
Federal or State antitrust statutes or commission of embezzlement,theft,forgery,
bribery, falsification or destruction of records,making false statements, or receiving
stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity(Federal, State, or local)with commission of any of the offenses
enumerated in paragraph (1)(b)of this certification; and
(d)Have not within a three-year period preceding this application had one or more
public transactions (Federal, State, or local) terminated for cause or default.
(2) Where the prospective contractor is unable to certify to any of the statements in this
Certification, such prospective contractor shall attach an explanation to this proposal.
03-30-2018
Signature of Contractor Representative Date
Matthew L.Smith Ll;wCtor,Food For rind
Printed/Typed Name of Printed/Typed Title of
Contractor Representative Contractor Representative
Exhibit A-Page 32 of4 7
SCHEDULE E
ANTI-COLLUSION AFFIDAVIT
STATE OF Rtes )
ACOUNTY OF Lo 1 I,rt-} )
�h�.;l'a lawful age,being first sworn on oath say, that h she is the agent
authorized by the bidder to submit the attached bid. Affiant further states that the bidder has
not been a party to any collusion among bidders in restraint of freedom of competition by
agreement to bid at a fixed price or to refrain from bidding; or with any state official of
employees to quantity, quality, or price in the prospective contract, or any other terms of said
prospective official concerning exchange of money or other thing of value for special
consideration in the letting of contract; that the bidder/contractor had not paid,given or
donated,or agreed to pay,give or donate to any officer or employee either directly or indirectly
in the procuriZofe aw d of a cc uant to this bid.
Si ed
Subscribed and sworn before me this of 201L.
Notary Public(or Clerk or Judge) P
My commission expires - — 2O f 0
STACY MARE REYNA
MY COMMISSION EXPIRES
July 15,2018
Exhibit A-Page 33 of 47
SCHEDULE F
CERTIFICATION REGARDING FEDERAL LOBBYING
(Certification for Contracts,Grants,Loans,and Cooperative Agreements)
Federal legislation generally prohibits entities from using federally appropriated funds to lobby
the executive or legislative branches of the Federal government. Lobbying with respect to certain
grants, contracts, cooperative agreements, and leans is governed by relevant statutes, including
among others,the provisions of 31 U.S.C. 1352, as well as common rule,"New Restrictions on
Lobbying" published at 55 Federal Register(FR)6736 (February 26, 1990), including definitions,
and the Office of Management and Budget"Government wide Gui4ance on New Restrictions on
Lobbying" and notices published at 54 FR 52306(December 20, 1989), 55 FR 24540(June 15,
1990), 57 FR 1772 (January 15, 1992),and 61 FR 1412 (January 19, 1996).
Contracting entities or sponsored sites that contract for goods or services using Federal funds
must obtain this certification for any award exceeding$100,000 and if necessary must obtain the
Standard Form-LLL, "Disclosure Form to Report Lobbying. "
CERTIFICATION
The undersigned certifies, to the best of his or her knowledge and belief, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of an agency,a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract,the making of
any Federal grant,the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal,amendment,or modification of any
Federal contract, grant, loan, or cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress,an officer or employee of Congress,or an employee of a Member of
Congress in connection with this Federal contract, grant, loan,or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions.
3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers(including subcontracts, subgrants,and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
Exhibit A-Page 34 of 47
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
Rolling Frito Lay Sales-Food For Good
Name of Organization submitting certification
Matthew L.Smith Director,Food For Good
Name of Organization Representative Title
03-30-2018
Si nature of Organization Representative Date
Exhibit A-Page 35 of 47
SCHEDULE G
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 3I U.S.C. 1352
(See next page for public burden disclosure) App,o
a
1. Type of Federal Action: L Status of Federal Action: 3. Report Type:
❑ a.contract ❑ a.bid/offer/application ❑ a.initial filing
b.grant b.initial award b.material cha/y.,
c.cooperative agreement c.post-award For material changd.loan Year:
e.loan guarantee Date of 1 report:
f.loan insurance
4. Name and Address of Reporting Entity: 5. If Reporting Eatity in DJd.4 is Sub-awardee,
❑Prime ❑Sub-Awardee Enter Name and Address e:
Tier ,if Known:
Congressional District,I knorvn: Congression istrick if known:
6. Federal Department/Agency: ZN=mbm
al Program Name/Description:
i icabte:
S. Federal Action Number,if knoum: 4. Award Amount,if known:
10.a.Name and Address of Lobbying Entity rb. Individuals Performing Services
(if individual,last name,first name,MI): (including address if different from No.10a)(fast name,first name,
MI):
11. Information requested through this form i thorized by Frito Lay does not lobby the federal government on
title 31 U.S.C.section 1352 This disclosure o obbying activities Contracts,=99�
tive agreements.
is a material representation of fact upon rch reliance was Signature:
placed by the tier above when this tr ction was made or
entered into.This disclosure is req ed pursuant to 31 U.S.0
1352 This information will be a Mable for public inspection. Print Narne: Matthew L Smith
Any person who fails to file required disclosure shall be
subject to a ci penalty o of less than$10,000 and not more Tide: Director, Food for Good
than$100,000 for each s ch failure. 972-334-57 (} 3/30/18
Telephone Nos ate:
Authorized for Local
Reproduction
Federal Use Only: Standard Form-LLL(Rev.7-M
ExhibitA-Page 36 of47
Instructions for Completion of SF-LLL, Disclosure of Lobbying Activities
This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or
receipt of a covered Federal action,or a material change to a previous filing,pursuant to title 31 U.S.C.section 1352.The filing of a
form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence
an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of
Congress in connection with a covered Federal action.Use the SF-LLL-A Continuation Sheet for additional information if the space
on the form is inadequate.Complete all items that apply for both the initial filing and material change report.Refer to the
implementing guidance published by the Office of Management and Budget for additional information.
1.Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a
covered Federal action.
2.Identify the status of the covered Federal action.
3.Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information
previously reported,enter the year and quarter in which the change occurred. Enter the date of the last previously submitted
report by this reporting entity for this covered Federal action.
4.Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District,if known. Check the
appropriate classification of the reporting entity that designates if it is,or expects to be,a prime or sub-awardee recipient. Identify
the tier of the subawardee,e.g.,the first sub-awardee of the prime is the 1st tier. Sub-awards include but are not limited to
subcontracts,sub-grants,and contract awards under grants.
5.If the organization filing the report in item 4 checks"Sub-Awardee,"then enter the full name,address,city,state and tip code of
the prime Federal recipient. Include Congressional District,if known.
6.Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below
agency name,if known. For example,Department of Transportation,United States Coast Guard.
7.Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal
Domestic Assistance(CFDA)number for grants,cooperative agreements,loans,and loan commitments.
8.Enter the most appropriate Federal identifying number available for the Federal action identified in item 1(e.g.,Request for
Proposal(RFP)number;Invitation for Bid(1FB)number;grant announcement number;the contract,grant,or loan award number;
the application/proposal control number assigned by the Federal agency). Include prefixes,e.g.,"RFP-DE-90-001."
9.For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount
of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item
4 to influence the covered Federal action.
(b)Enter the full names of the individual(s)performing services,and include full address if different from 10(a). Enter Last
Name,First Name,and Middle Initial(MI).
11.The certifying official shall sign and date the form,print his/her name,title,and telephone number.
According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it
displays a valid OMB Control Number.The valid OMB control number for this information is OMB No.0348-0046.Public reporting
burden for this collection of information is estimated to average 10 minutes per response,including time for reviewing instructions,
searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information,including
suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0046),
Washington,D.C. 20503.
Exhibit A-Page 37 of 47
SIGNATURES
This agreement("Contract') establishes the rights and responsibilities of
Rolling Frito Lay SaIeS herein referred to as" Contractor"and
herein referred to as "Contracting Entity" or"CE". By
signing this Contract,both parties are bound by its terms and conditions from its beginning
effective date until terminated in accordance with Section VI, Item 12. Termination.
The Parties hereto in their capacities stated,agree to all statements and conditions contained
herein and are authorized to sign this Contract on behalf of the entity stated herein below.
The Parties affix their signatures and bind themselves for the faithful performance of the terms
of this C9ntr t.
03-30-2018
Signature of Contractor Representative Date
Matthew L.Smith Director,Food For Good
Printed/Typed Name of Printed/Typed Title of
Contractor Representative Contractor Representative
Signature of Contracting Entity Representative Date
Printed/Typed Name of Printed/Typed Title of
Contracting Entity Representative Contracting Entity Representative
Exhibit A-Page 38 of 47
Part IV,Paragraph 6.0—Roiling Frito-Lay Safes will provide detailed documentation with each delivery.
Part IV,Paragraph 18.0—Roping Frito-Lay Sales will provide similar meals to other nonprofit partners.
Part IV, Paragraph 33.0—Rolling Frito-Lay Sales can provide certification of employment eligibility upon
request.
Exhibit A-Page 39 of 47
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Exhibit A-Page 40 of 47
Please contact this ooice immediately if any information on this license is incorrect.
* This license must be displayed at the address licensed.
* The license renewal application and fee are due every tato years BE OItir the anniversary date. Please note that it is
the responsibility of the license holder to remit the licensure fec before the expiration date, whether a payment notice
is received or not. Failure to submit the renewal fee before the expiration date will result in a:u 100.00 delinquency f
for each location and must be remitted before the license will be issued.
* A license that is amended,including a change of name,ownership, legal entity,or a notification of a change in the
location of a licensed place of business will require submission of new application and fec. Applications fnr these
changes can be downloaded from our website at wwwAshs.state.Lx.us;fdlicease,
* If you have any questions or desire additional information concerning the application prucc•SS or this?icznse,please
contact the Foods Licensing Ciroup at f512)834-6626. In order to serve-st,u better;DSHS would lake you to complete
the short online survey at: htrpsJJreglicensing.quesiionpro.corn. The information you pmwide will asist DSHS in its
efforts to continually improve and become more responsive to the needs of its customers. Thank you in advance for
your cooperation.
SUNSHINE SPECIALTY FOODS
7800 SOVEREIGN ROW
DALLAS TX 75247
TEXAS DEPARTMENT OF STATE HEALTH SERVICES
N; REGULATORY LICENSING UNIT
SLTNSI- NE SPECIALTY FOODS INC DIIA
SUNSHINE SPECIALTY FOODS
7800 SOVFREIGN ROW
DAI.,LAS,TX 75247
Pursuant to Health and Safety Code Chapter 4.11(Food, Drug, Device, and Cosmetic Act) and Tule 25 of the texas Administrative
Code, and in reliance on statements and representations made by licensee, the licensee shall he subject to all applicable rules,
regulations and orders of the Texas Department of State Health Services now or hereafter in affect. The above licensee is
authorizer)to engage in the following activities;
FOOD MA�INUFACTURER
License b 1011576
a
6sp4cs:May 14,2019 NON-TRANSFERABLE Comte:°siaac
Exhibit A-Page 41 of 47
INVOICE:006427088 DIST:503 EMPLOYEES: 55 PERMITS:
CITE' OF HOUSTON F,G
HEALTH DEPARTMENT
DEAN'S NUTRITIONAL FOOD SERVICES
AT
3132 PRODUCE ROW HOUSTON,TX 77023
OWNER: DEAN'S NUTRITIONAL FOOD SERVICE,INC.
TCEQ It: 108067
IN CONFORMITY WITH THE STATUTES OF THE STATE OF
TEXAS, THE ORDINANCES OF THE CITY OF HOUSTON, AND
THE REGULATIONS OF THE HOUSTON HEALTH DEPARTMENT
IS GRANTED THIS
FATS,OILS&GREASE GENERATOR PERMIT- 1
FOR
ESTABLISHMENT TYPE: 131 DESCRIPTION:COMMERCIAL FOOD PROCESSORS-PIS
DATE PURCHASED
05/16/2016
DATE PERMIT STARTS 05/18/2016
DATE PERMIT ENDS 05/18/2017
DEANS NUTRITIONAL FOOD SERVICES
PERMIT NUMBER 1953584 3132 PRODUCE ROW
HOUSTON,TX 77023
ACCOUNT NUMBER 409781
THIS PERMIT IS NOT TRANSFERABLE
PROPERTY OF THE CITY OF HOUSTON
POST IN PUBLIC VIEW
832-393-5100
N° 293971
Exhibit A•Page 42 of 47
INVOICE: 006427 I TLj=,QuQS..55. PERMITS:
CITY OFHO rc
HEALTH DEPARTMENT
DEAN'S NUTRITIONAL FOOD SERVICES
AT
3132 PRODUCE ROW HOUSTON, TX 77023
OWNER: DEANS NUTRITIONAL FOOD SERVICE, INC.
IN CONFORMITY WITH THE STATUTES OF THE STATE OF
TEXAS, THE ORDINANCES OF THE CITY OF HOUSTON, AND
THE REGULATIONS OF THE HOUSTON HEALTH DEPARTMENT
IS GRANTED THIS
FOOD DEALERS PERMIT 5 1-100
FOR
ESTABLISHMENT TYPE: 131 DESCRIPTION: COMMERCIAL,FOOD PROCESSORS- PHF
DATE PURCHASED 05/16/2016
DATE PERMIT STARTS 05/18/2016
DATE PERMIT ENDS 05/18/2017 DEAN'S NUTRITIONAL FOOD SERVICES
1953584 3132 PRODUCE ROW
PERMIT NUMBER HOUSTON,TX 77023
ACCOUNT NUMBER 409781
THIS PERMIT IS NOT TRANSFERABLE
PROPERTY OF THE CITY OF HOUSTON
POST IN PUBLIC VIEW
832-393-5100
N? 293970
Exhibit A-Page 43 of 47
Houston Department of Health and Human Services
Food Service Manager's Certification Program
Certifies That
CHARLES M. KRAMER
Has Satisfactorily Completed the Course of
Instruction Prescribed in Section 20.54, 55 & 63 of the
Houston City Code of Ordinances
in
Professional Food Sanitation and Service
Certificate Number Date Expires
Aim191529 _ i 05/08/2019
832-393-5100
Post in Public View 388A-017 Rev,5101
Exhibit A-Page 44 of 47
Houston Department of Health and Human Services
Food Service Manager's Certification Program
Certifies That
DESHAWNDRA L. WATSON
Has Satisfactorily Completed the Course of
Instruction Prescribed in Section 20.54, 55 & 63 of the
Houston City Code of Ordinances
in
Professional Food Sanitation and Service
Certificate Number Date Expires
182233 _: 05/20/2018
832-393-5100
Post in Public View 38BA-017 Rev.501
Exhibit A-Page 45 of 47
BID BOND Travelers Casualty and Surety Company of America
Hartford, CT 05183
KNOWN ALL BY THESE PRESENTS, That we, &EM Fdt2L*V$&W ,
as Principal, and Travelers Casualty god Surety Company of America , as Surety, are
held and firmly bound unto city or Port wortu.Telm as
Obligee, in the Sum Of Five Percent of Greatest Amount Bond
Dollars ( sero G.A.s. )for the payment of which we bind ourselves,and our
successors and assigns,jointly and severally, as provided herein.
WHEREAS, Principal has submitted or is about to submit a bid to the Obligee on a
contract for After SchgW Snack And Summer Food Programs
("Project").
NOW, THEREFORE, the condition of this bond is that if Obligee accepts Principal's bid,
and Principal enters into a contract with Obligee in conformance with the terms of the
bid and provides such bond or bonds as may be specified in the bidding or contract
documents, then this obligation shall be void; otherwise Principal and Surety will pay to
Obligee the difference between the amount of Principal's bid and the amount for which
Obligee shall in good faith contract with another person or entity to perform the work
covered by Principal's bid, but in no event shall Surety's and Principal's liability exceed
the penal sum of this bond.
Signed this 41h day of April Zt#la
Rolling Frlto Sales
(Princip
Travelers C lty and,5 reit'-Co any of Amer"
"Chel Richard a , Att mey=in-Fact
Exhibit A-Page 46 of 47
Travelers Casualty and Surety Company of America
Affi► Travelers Casualty and Surety Company
TRAVELERS.1 I St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America.Travelers Casualty and Surety Company,and St.
Paul Fire and Marine Insurance Company are corporations duty organized under the laws of the State of Connecticut(herein collectively called the
"Companies'),and that the Companies do hereby make,constitute and appoint Rachel Richardson,of Dallas,Texas,the&true and lawful
Attomey-in-Fact to sign,execute,sea]and acknowEedge any and all bonds,mcognizances,conditional undertakkgs and other writings obligatory in
the nature thereof on behalf of the Companies In Rolr business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts
and executing or guaranteeing bonds and undertakings required or permitted In any actions or proceedings allowed by law.
IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February,
2017.
OCUL a
State of Connecticut
By:
City of Hartford ss. Robert L.Raney,SeN&Vice President
On this the 3rd day of February,2017,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of
Travelers Casualty and Surety Company of America,Travelers Casualty and Surely Company, and SL Paul Fire and Marine Insurance Company,and
that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations
by himself as a duty authorized officer.
In Witness Whereof,I hereunto set my hand and official seat. d
My Commission expires the 30th day of June,2021 (/"+`�U _ �Y' t)N. C 1ATA-
t`�.::/* Mane C.Tetreautl.Notary Public
This Power of Attorney Is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and
Surety Company of America.Travelers Casualty and Surety Company,and St.Paul Fire and Marine Insurance Company,which resolutions are now in
full force and effect,reading as follows:
RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President.any
Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fad and
Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with
the Company's name and seal with the Company s seal bonds,recognizarsces,contracts of indemnity,and other writings obligatory In the nature of a
bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke
the power given him or her,and it is
FURTHER RESOLVED, that the Chairman, the President,any Vice Chairman,any Executive Vice President, any Senior Vice President or any Vice
President may delegate all or any part of the foregoing authority to one or more officers oremployees of this Company,provided that each such delegation
is In writing and a copy thereof is filed in the office of the Secretary:and It is
FURTHER RESOLVED,that any bond,recognizance,contract of Indemnity,or writing obligatory in the mature of a bond,recognizance,or conditional
undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President.any Senior
Vice President or any Vice President, any Second Vice President,the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant
Secretary and duty attested aid sealed with the Company's seal by a Secretary or Assistant Secretary:or(b)duly executed(under seal.df required)by
one or more Attomeys4n-Fad and Agents pursuant to the power prescribed in itis or her ce ificale or their certificates of auttority or by one or more
Company officers pursuant to a written delegation of authority,and it is
FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice
President,any Assistant Vice President.any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Prover
of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attomeysdn-Fad for purposes only
of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and anry such Power of Attorney or cedtficate bearing
such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile
signature and facsin*e seal shalt be valid and binding on the Company In the future with respect to any bond or understanding to which it is attached.
1, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety
Company,and St.Paul Fire and Marine Insurance Company,do hereby certify that the above and foregoing is a true and corned copy of the Power of
Attorney executed by said Companies,which remains in full force and effect
Dated this 4m day of Apra sins
(Bee
1Sevin E.Hughes,Assfitant Secretary
To verify the amdwabdty of this Porti.ofAttonw,pie~call as at 1-000-422 3880.
Please refer to the above-named Attomey-ia-Fact and fie details of H►e bond to whirr the power is aMvd►ad.
Exhibit A-Page 47 of 47
BILLING HISTORY REPORT
NIMOCK DOR 113,993
Bill Date Range: 8/1/2011
BilfDate Vendor ProviderType UnitsConsumed BillAmount InputDate
Electric
2017-08-31 Reliant Energy E 1,656.00 208.17 08/07/2018
2017-10-03 Reliant Energy E 1,683.00 217.83 08/07/2018
2017-10-31 Reliant Energy E 1,038.00 130.01 08/07/2018
2017-12-01 Reliant Energy E 1,046.00 129.64 08/07/2018
2018-01-03 Reliant Energy E 1,541.00 189.30 08/07/2018
2018-01-31 Reliant Energy E 1,420.00 174.71 08/07/2018
2018-03-01 Reliant Energy E 1,310.00 158.18 08/07/2018
2018-04-02 Reliant Energy E 1,162.00 140.74 08/07/2018
2018-05-01 Reliant Energy E 1,103.00 133.76 08/07/2018
2018-05-31 Reliant Energy E 1,265.00 152.87 08/07/2018
2018-06-29 Reliant Energy E 1,964.00 235.38 08/07/2018
2018-08-01 Reliant Energy E 2,681.00 319.98 08/07/2018
Group Total: 17,869.00 2,190.57
Average: 1,489.08 182.55
Gas
2017-08-23 ATMOS Energy G 2.00 26.02 08/07/2018
2017-09-25 ATMOS Energy G 3.00 19.42 08/07/2018
2017-10-24 ATMOS Energy G 3.00 24.13 08/07/2018
2017-11-20 ATMOS Energy G 19.00 39.16 08/07/2018
2017-12-19 ATMOS Energy G 40.00 61.68 08/07/2018
2018-01-22 ATMOS Energy G 112.00 120.20 08/07/2018
2018-02-20 ATMOS Energy G 68.00 86.75 08/07/2018
2018-03-21 ATMOS Energy G 43.00 59.64 08/07/2018
2018-04-20 ATMOS Energy G 28.00 43.37 08/07/2018
BillDate Vendor ProviderType UnitsConsumed BillAmount InputDate
2018-05-21 ATMOS Energy G 16.00 32.75 08/07/2018
2018-06-21 ATMOS Energy G 15.00 31.76 08/07/2018
2018-07-23 ATMOS Energy G 16.00 32.52 08/07/2018
Group Total: 365.00 577.40
Average: 30.42 48.12
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRIr—
TWORTH
COUNCIL ACTION: Approved on 5/15/2018
REFERENCE ** 13P18-0204 SNACK AND
DATE: 5/15/2018 NO.: P-12198 LOG NAME: SUMMER FOOD PROGRAMS
JD NSD
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Agreement with Rolling Frito-Lay Sales, LP, to Provide After School Snack and
Summer Food Programs for the Neighborhood Services Department in an Amount Up to
$764,735.00 for the First Year and Authorize Four One-year Renewal Periods (ALL
COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize an Agreement with Rolling Frito-Lay Sales, LP, to
provide after school snack and summer food programs for the Neighborhood Services Department in
an amount up to $764,735.00 for the first year and authorize four one-year renewal options.
DISCUSSION:
The Neighborhood Services Department (NSD) approached the Purchasing Division to establish an
agreement for the purpose of providing snacks and meals for children age 18 and under who are
participating in after school and summer programs located in low-income areas. The after school
snack and summer food programs are designed to provide activities known to reduce or prevent
involvement in juvenile crimes. Staff issued an Invitation to Bid (ITB) in the event that City Council
approved the grant application to the Texas Department of Agriculture Child and Adult Care Food
Program for At-Risk School Care Centers. The ITB consisted of detailed specifications listing
locations and requirements. Notice of the bid was sent to 108 related vendors. The bid was
advertised in the Fort Worth Star-Telegram on March 14, 2018, March 21, 2018, March 28, 2018, and
April 4, 2018. The City received two responses, one from Purple Hearts, Inc., and one from Rolling
Frito Lay Sales, LP.
On April 17, 2018, (M&Cs C-28861 and C-28862) the City Council authorized a grant application to
the Texas Department of Agriculture Child and Adult Care Food Program for At-Risk School Care
Centers for the City's After School Snack and Supper and 2018 Summer Food Service Programs.
Staff evaluated the bids and recommends awarding an agreement to Rolling Frito Lay, LP, with four
options to renew. The bid from Purple Hearts, Inc., did not include a bid bond which rendered it non-
responsive to the specifications. No guarantee was made regarding the amount of these goods and
services that would be purchased. The Bid amount is $764,735.00. The proposed contract would
allow the unit price to be increased so long as the City approves the increase. In addition, an
administrative change order or increase may be made by the City Manager in the amount up to
$50,000.00 and does not require specific City Council approval as long as sufficient funds have been
appropriated.
Rolling Frito Lay, LP, is a subsidiary of PepsiCo, a publicly traded company. The unit prices for the
After School Snack and Summer Food Program items reflect a slight decrease (0.60%) from the
previous Agreement awarded on September 1, 2015, (M&C P-11780). NSD certifies that Rolling Frito-
Lay Sales, LP, meets specifications. Overall, the unit prices recommended for award are considered
fair and reasonable.
A waiver of the goals for MBE/SBE subcontracting requirements was requested by the Purchasing
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Division and approved by the M/WBE Office, in accordance with the BDE Ordinance, because the
purchase of goods or service is from sources where subcontracting or supplier opportunities are
negligible.
Upon City Council approval, the Agreement shall begin on June 1, 2018 and end on May 31,
2019. This Agreement may be renewed for up to four additional one-year terms at the City's option
provided grant funds are offered by the Texas Department of Agriculture and appropriation of funds is
approved by the City Council.
FISCAL INFORMATION/CERTIFICATION:
The approval of this action provides purchasing authority up to $764,735.00 as specified. The
Director of Finance certifies that funds are available in the current operating budget of the Grants
Fund. Prior to an expenditure being made, the Neighborhood Services Department has the
responsibility to validate the availability of funds.
BQN\18-0204\JD
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department-TAccount Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Aaron Bovos (8517)
Additional Information Contact: Cynthia Garcia (8525)
Jack Dale (8357)
ATTACHMENTS
Form 1295.Exemption Attachment.pdf
Rolling Frito Lay SCHEDULE C Summary Bid Sheet.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=25847&councildate=5/15/2018 8/17/2018