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HomeMy WebLinkAboutContract 46864 f RECEIVED 9� PO NO: a JUL 222015 � CITY SECFiETAW C[TYOFFORTWORTH ti PURCHASE AGREEMENT CITY SE R TA d1 CfiYSEC R L 9 Cs 14 Ci ROLLING FRITO-LAY SALES, LP NO._j(Q L 9 This Purchase Agreement is made and entered into by and between the CITY OF FORT WORTH (the "City"), a home rule municipal corporation situated in Texas, acting by and through Susan Alanis, its duly authorized Assistant City Manager, and ROLLING FRITO-LAY SALES, LP (the "Vendor"), a Delaware Limited Partnership, and acting by and through Matt Smith, its duly authorized Director, each individually referred to as a "party" and collectively referred to as the "parties." CONTRACT DOCUMENTS: The Contract documents shall include the following: 1. This Purchase Agreement 2. Exhibit A—Vendor's Response to Invitation to Bid 15-0113 3. Exhibit B - City's Standard Purchasing Terms and Conditions 4. Exhibit C— Proposed Snack and Lunch Menu (10-day Cycle) All Exhibits attached hereto are incorporated herein and made a part of this Agreement for all purposes. In the event of any conflict between the documents, the terms and conditions of City's Invitation to Bid ("ITB") No. 15-0113 and City's Standard Purchasing Terms and Conditions, attached hereto, shall control. VENDOR'S "2015 SUMMER FOOD PROGRAM AGREEMENT,"ATTACHMENT B ENTITLED "ADDITIONAL BID TERMS," AND ATTACHMENT C ENTITLED "SPECIAL SERVICES AND ENHANCEMENTS" SUBMITTED WITH VENDOR'S RESPONSE TO ITB NO. 15-0113, ARE STRICKEN IN THEIR ENTIRETY. City acknowledges that Vendor will work with multiple partners to produce and deliver fresh meals according to specifications listed in ITB NO. 15-0113. Upon mutual agreement with City, this arrangement supersedes the provision set forth in Section 22.0 ("Assign ment/Delegation") in the Bid Contract. All other terms and conditions and other requirements contained in ITB No. 15-0113 remain unchanged. 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. The term "Vendor," "Contractor," or "Seller" shall include the Vendor, and his/her officers, agents, employees, representatives, servants, contractors or subcontractors. The term "City" shall include its officers, employees, agents, and representatives. 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. Vendor hereby agrees to provide the City with all necessary meals for lunch and snacks for the City's Summer Food Program in strict accordance with the terms, conditions, and provisions of the specifications attached hereto and incorporated for all purposes incident to this Agreement as Exhibit "A," Invitation to Bid 15-0113, more specifically Scope of Work describing the services to be provided hereunder. The undersigned below represent and warrant that he/she has the power and authority to Purchase Agreement, Rolling Frito-Lay Sales, LP Page 1 of 2 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX PO NO: execute this Agreement, binding the respective parties, and that the execution and performance of this Agreement has been duly authorized by all necessary action by Mayor and Council Communication P-11753 approved on May 19, 2015 for the Summer Food Program. 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. Executed on this the_day of 206 CITY OF FORT WORTH: ROLLING FRITO-LAY SALES, LP By: By: e �5�an Alanis Matt Smith Assistant City Manager Director Date: I �'� �'O C Date: 7/z�/��, ATTEST: IF-01? �o �0 o� By. 8 g q Mary K er $o 000 City Secretary �F�(JaS APPROVED AS TO FORM AND LEGALITY: By: Guillermo Samuel Trevino Assistant City Attorney Contract Authorization: M&C: P-11753 OFFICIAL RECORD CITY SECRETARY Purdhase Agreement, Rolling Frito-Lay Sales, LP Page 2 of 2 FT.WORTH, Tx Exhibit A Page 1 of 2 � BID SOLICITATION Printed: 02!1812415 BUYER:SheNa Baker PHONE M (817)392-8356 DELIVERY REQUIRED:3/1212016 Vendor Name:20LL(A1Cr11 (_V-1./yS,41,e5 City of Ft Worth Address: 720/ 1(e-7114c y 4200 South Freeway,Suite 2200 FORT WORTH TX 76116-1499 Clty,State Zip Code: & A/D Item Class-Item Quantity Unit Unit Price Total 1.000 The City of Fort Worth Is accepting Bids for an annual agreement for the Summer Food Prog(sm for the Parks and Community Service Department. The term of the agreement shall be for one,one-year perlod with options to renew for up to four additional one-year periods. THIS IS A GRANT FUNDED PROGRAM RENEWAL OPTIONS SUBJECT TO CHANGE ACCORDING TO GRANT FUNDING REGULATIONS. 2.000 LUNCH WITHOUT BEVERAGE 160000 EA 0 000 3.000 LUNCH WITH MILK 180000 FA 4.000 SNACK 180000 FA ./J f 0,90 5.000 MILK 180000 EA y TV000 8.000 CONTRACTOR SHALL INCLUDE IN THE BID PACKAGE BID BOND AND/OR CASHIER CHECK 1N THE AMOUNT OF FIVE(6)PERCENT FOR BIDS OVER$100,000, NOTE:BID BOND ANDIOR CASHIER CHECK WILL NOT BE ACCEPTED AFTER THE BLD OPENING. THE SUCCESSFUL CONTRACTOR MUST SUBMIT A PERFORMANCE BOND USING THE PERCENTAGE VALUE OF 10%OF THE DOLLAR AMOUNT OF THE AGREEMENT TO THE PURCHASING DIVISON WITHIN 10 DAYS AFTER NOTICE OF AWARD AND PRIOR TO THE EFFECTIVE DATE OF THE AGREEMENT TOTAL: WE AGREE TO FUR R ALL OF THE ITEMS QUOTED AT THE PRICES SHOWN,QUOTE MUST BE HELD FIRM FOR PERIOD OF60DAYS. OFFICIAL RECORD WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOTED AT THE PRICES SHOWN.QUOTE RR11�� MUST BE HELDFIRMFOR PERIOD OF 60 DAYS. r� A _ T P*.RV RET _fvET' 30 L)N\tS' COMPANY: k'0t..Lt/JIs FIZt�-.LAI S-A ccs­ TX FT.WORTH,TX 1 ge2of2 DELIVERY: �!!f I SLE G1/LL..UM SIGNATURE: �/ /J p _EPHONE NUMBER: 90- qS-3— 497 NAME AND TITLE: j0ha?j(��s� %11m-c o� ■ • OWN .mm Wi trr- . . 1 i r Aftehment-B • $.75 PeF SFlaGk • $:2 peF Moll POW Lay's Rid PF064RO iG baGed oR the"MeFage Daily Meals Needed" (3200 luRehes)as pFey by Sp9FIGeF dwing the pFe bid meeting. if the ayeFage daRy meals billed 69 less Vhen the AveFage Daily Meals Needed, a eRe time adjust.m.e-At to the wRR PAGes will be made. SpeRGeF agFees te Adjustments if the awsFage daily meals billed ia less ihaR the aveFB@e daily Fnea!S Reeded,a eRe time aidjustmen!te the URit pFiee 411 be made as fellews AveFage Pally Meals Billed Multiply AveFage Daily Meals Needed by this AMGURI 84 -90% 4:66 M-80% 444 64— 0% 446 6a--66 6 440 50%o Bele w 446 Example; if!he aveF;age daily meals billed ; by the"a%FeFage daily Fneals Heeded"=. 82-GF 82%, multiply the"wHit GOW by 4.06. The GORtFaGteF Will iRvelee the spenseF at the 0 GGSt peF Meal Or.due the vendOF, eemplete the WlewiRg ealeulatien. Divide ihe total numbeF ef Fneals billed by type opsFaled.Any additiORal shaffles Fesulting fFem this higheF"adjustment"will be refleated iR!he final statement ffe #be-veRdsF 4- X 3 • submf&S19f:�- • • F=Fite Lay will empley a PFOPFietary, papeFless eFderinq and deliveFy maRagement system that enable • OveF the past few yeaFS, POW Lay has deliveFed MGFe thaR 4 million meals te SurnmeF Feed SeFVoee PFOOFam and Ghild and Adult Gare- Peed PFegFa . Gluding 1.4 million meals in 2014. As a • T • At Ro additiGRal GG65t t9 SPE) =nr F=rifn I nil Will previde aGtiV'tm@6 and ff4eG tG agFeed UPGR sites that FOR' WOR' ADDENDUM TO THE INVITATION TO BID SUMMER FOOD PROGRAM CITY OF FORT WORTH PURCHASING DIVISION ADDENDUM NO. 1 DATE ISSUED: FEBRUARY 25,2015 INVITATION TO BID (ITB) NUMBER: 15-0113 ORIGINAL ITB SUBMISSION DATE:MARCH 12, 2015(changed) REVISED ITB SUBMISSION DATE: MARCH 19, 2015 PRE-BID MEETING: ORIGINAL (ITB) PRE-BID MEETING DATE FEBRUARY 25, 2015 (changed) REVISED ITB PRE-BID MEETING DATE MARCH 4, 2015 ORIGINAL (ITB) PRE-BID MEETING TIME 9:00 AM (no change) All other rms and conditions remain unchanged. JACK DALE PURCHASING MANAGER . ■■aaaarraaaaaaarraaaraararaaaaaaraaarrrarrrrarrraaaaaaarar�ararrasaararr� COMPANY NAME: RoL,�/,vo'e' 2177-Z_li SIGNATURE: f NOTE: Company name and signature must be the same as on the bid documents. FORT WORT ADDENDUM TO THE INVITATION TO BID SUMMER FOOD PROGRAM CITY OF FORT WORTH PURCHASING DIVISION ADDENDUM NO.2 DATE ISSUED: March 16, 2015 INVITATION TO BID (ITB) NUMBER: 15-0113 ORIGINAL ITB SUBMISSION DATE: MARCH 12, 2015 (changed) REVISED ITB SUBMISSION DATE: MARCH 19, 2015 (changed) REVISED ITB SUBMISSION DATE: MARCH 26,2015 All other terms and conditions remain unchanged. JACK DALE PURCHASING MANAGER COMPANY NAME: C //✓� �'�(�-��� S��S 7 SIGNATURE: NOTE: Company name and signature must be the same as on the bid documents. o RT WoRTH, ADDENDUM TO THE INVITATION TO BID SUMMER FOOD PROGRAM CITY OF FORT WORTH PURCHASING DIVISION ADDENDUM NO. 3 DATE ISSUED: March 23, 2015 INVITATION TO BID NUMBER (ITB): 15-0113 ORIGINAL BID SUBMISSION,DATE: March 12, 2015 (changed) REVISED BID SUBMISSION DATE: March 19, 2015 (changed) REVISED BID SUBMISSION DATE: March 26, 2015 Addendum No. 3, dated March 23, 2015 is hereby amended to incorporate in full text the following provisions: 1. Section 3, Services, amended to read beginning at Subsection 3.1.21 incorporated, in full text, page 2. 2. How many hours' notice required for cancellations? Hours All other terms and conditions remain the same. JACK DALE PURCHASING MANAGER rrrrrrrrrrrr�rrrrrrr=rrrrrrrrrrrrrr�rrrrrrrr=rrrrr COMPANY NAME: Rolling Frito-Lay Sales SIGNATURE: NOTE: Company name and signature must be the same as on the bid documents. Section 3.0, Services - ITB No. 15-0113 Summer Food Program 3.1.21 The City reserves the right to add or delete food service sites by amendment of the initial list of approved sites in Schedule F,and make changes in the approved level for the maximum number of meals which may be served under the Program at each site (established under Section 225.6(d)(2) of the SFSP regulations).The City shall notify-the vendor by providing an amendment to Schedule F,of all sites which are approved, cancelled, or terminated subsequent to acceptance of this contract, and of any changes in the approved level of meal service for a site.Such amendments shall be provided within twelve (12) hours or less. 3.1.22 Meals Orders: City will order meals on EACH DAY preceding the day of delivery and will include breakdown totals for each site and each type of meal. Meals for delivery on Monday will be ordered on Friday, The City reserves the right to increase or decrease the number of meals ordered on a TWELVE(12) hour notice,or less if mutually agreed upon between the parties to this contract. 3.1.23 Meals-Cycle Change Procedure: Meals will be delivered on a daily basis in accordance with menu cycle. Menu changes may be made only when agreed upon by both parties. When an emergency situation exists which might prevent the vendor from delivering a specified meal component,the City shall be notified immediately so substitutions can be agreed upon.The City reserves the right to suggest menu changes within the vendor's ( suggested food cost, periodically throughout the contract period. 3.1.24 Emergencies_vendor shall immediately notify the City by telephone and/or email of the following: (1)the impossibility of on-time delivery; (2)the circumstance(s) precluding delivery; and (3) a statement of whether or not succeeding deliveries will be affected. No payments will be made for deliveries made later than ONE HOUR (1) after specified meal time. Emergency circumstances at the site precluding utilization of meals are the concern'of the City.The City may cancel orders provided it gives the vendor at least TWELVE(12) hours' notice or less if mutually agreed upon between the parties to this contract. Adjustments for emergency situations affecting the vendor ability to deliver meals, or City's ability to utilize meals,for periods longer than 24 hours will mutually worked out between the vendor and the City. f ITB 15-0113, Summer Food Program Addendum No. 3, Page 2 of 2 -40 CITY OF FORT WORTH/PURCHASING DIVISION INVITATION TO BID NO., 1"l 13 SUMMER FOOD PROGRAM BID CLOSING DATE:March 12,2015 For further information contact: Shelia-Baker,Senior Buyer FAX(817)392-8440 shelia.bakertnlfortworthtexas.nov INSTRUCTIONS TO BIDDERS Bids are solicited for furnishing the merchandise,supplies,services and/or equipment set-Forth in this solicitation. Completed Bids(one(1)executed original and four(4)copies) must be received in the Purchasing Office by 1:30 P.M., March 6,'2015,and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers. Bids must be returned in a sealed envelope, addressed to the Purchasing Manager, City of Fort Worth, and have the bid number,closing date, and company name clearly marked on the outside envelope. Bids should be mailed or hand delivered to the following_address: Purchasing Division, Lower Level,Municipal Building 1000 Throckmorton Street Fort Worth,Texas 76102 Bids to be delivered by special courier(i.e. Federal Express, Special Delivery,etc.)are to be marked"BID MUST BE DELIVERED TO PURCHASING DIVISION BEFORE 1:30 P.M."in order to be considered. Late bids will be returned; they will not be.opened nor considered in the evaluation of the bid. Bids may be withdrawn at any time prior to the official opening. Bids may not be altered, amended or withdrawn after the official opening. The undersigned agrees, if the bid is accepted, to furnish any and all items upon ( which prices are offered, at the price(s)and upon the terms and conditions contained in the specifications. The period for acceptance of this bid will be 90 calendar days after the bid opening date unless the bidder submits a different date. ( days). I have read and agreed with the attached Terms and*Conditions, Instruction to Bidders and the Invitation to Bid requirements.Failure o complete the requested information.below may result in rejection of you fill Principal Place of Business(Defined as at least having one permanent-active business office and em loV ee located in Texasj. Company Name and Address Company's Authorized Agent rxun/ FRIr�'��Y �d/ Z---AC,/ I.gND I— 9 -o. rq Signature: Federal ID Number(TIN) Name and Titl (Typed or Printed) 2f-,-qb 361/ Diet- Social Security Number and Legal' CpR P0PA-770n/ Company Name: (ZOLL- --2 I q- I-) 41 Date:Date: D - S '' v/S" Telephone Number: q = S D Fax Number: --- Email address: M�tiT_ // 9 Pry /CO. G0/7 Cooperative Purchasing: Should other Governmental Entities decide to participate In this contract, would you,the Vendor,agree that all terms,conditions, specifications,and pricing would apply? Yes ' • - No j,�' If you,the Vendor checked-Yes,"the following will apply: Governmental entities utilizing Inter- Governmental Contracts with the City of Fort Worth will be eligible, but not obligated, to purchase material/services under this contract(s)awarded as a'result of this solicitation. All purchases by Govemmental Entities other than the City of Fort Worth will be billed directly to that Governmental Entity and paid by that Governmental Entity. The City of Fort Worth will not be responsible for another Governmental Entity's.debts. Each.Governmental Entity will order its own material/services as needed. /s/ Jack Dale,JD, CPPB Purchasing Manager ' TH HOW TO REGISTER WITH THE CITY OF FORT WORTH Visit www.faftmrthtexas.gov �. Click on Departments Choose Become A Vendor Review Terms.& Conditions => Click 1 Accept These Terms to proceed z:> At next screen,click No,I Want to Register =�> Click Register => The first registration pop-up asks for your Federal ID#or Social Security Number and your company name. The company name MUST be the proper organization name and the same as on invoices you would present for payment to the City of Fort Worth. - Follow through the screens by clicking Continue/Save at the bottom of each screen. The last screen will ask for your commodities(products and/or services that can be provided to the City). This information is used to send quotes/bid opportunities to you by email and is also required in order to-keep your account active. => Enter a key word search for unknown commodity codes(example:janitorial) => An email address is required to register online => If you selected"Certified Minority'you will be requested to provide a copy of your Minority/Woman Owned Business certification => Email a copy of your company's IRS W-9 form to the City's vendor registration administrator at PurchasinaBSO(cafortworthtexas.aov. Your registration will not be activated until a completed W- 9 is received and verified. Completed W 9s may also be faxed to the vendor registration administrator at 817-392-7254. Congratulations, you've registeredll You will receive an email with your registration confirmation. For any changes/edits to your vendor profile please email the vendor registration administrator at PurchasingBS00fortworthtexas.nav The City of Fort Worth prefers to make vendor payments by direct deposit to vendors'checking/savings accounts or by procurement credit card. The direct deposit process is called Automated Clearing House Transfer(ACH).Advantages of ACH are: Gives vendors use of the funds one business day AFTER the transfer has taken place. Vendors receive an e-mail showing the invoices being paid by the transfer. Invoices approved for payment by 3:00 p.m.will be transferred same day and will reach the vendors' bank accounts by the next business day. To register for ACH service please visit hEM.//fortworthtexas.gov/purchasina/, click on the link titled "Automated Clearing House Setup!', download; complete and submit the two ACH forms. To register for credit card invoice payments, please contact Jack Dale, Purchasing Manager, by email at lack.dale@fortwo rthtexas.goy. ITB No. 15-0113, Summer Food Program Bid Opening Date: March 12, 2015 Page 2 of 40 ITB No. 15-0113, Summer Food Program Bid Opening Date: March 12, 2015 Page 3 of 40 ITB No. 15-0113, Summer Food Program Bid Opening Date: March 12, 2015 Page 4 of 40 Texas Health and Human Summer Food Program Services Commission Sponsor Information Name Sponsor Agreement Number CITY OF FORT WORTH Address(Street, City, State,ZIP Code) 4200 SOUTH FREEWAY SUITE 2200 FORT WORTH TEXAS 76115 Area Cade and Telephone No. Contact Person Contract Dates Commencement I Expiration Bid Bond Percentage Required (Sponsor shall insert appropriate percentage from (5%to 10%) 5% Bid Opening Bid Issue Date Bid Number DateTime 02/17/2015 15-0113 03/12/2015 1:30 P.M. Location City of Fort Worth Purchasing Division, 1000 Throckmorton Street Fort Worth,Texas 76102 -Meal Service Bids Sponsor to enter estimated number of meals. Fixed unit price bids to be inserted by the bidder. Fixed Unit Sponsor's Price Bid Estimated Totals Per Meal No.of Meals Lunch without-Beverage................................................. $ e7,ao X 1e0,000 $ 35'd, 000 Lunch with Milk............................................................... $ 9. q5- X 180,000$. 3 Vo 066 Snack............................................................................. $ .'fir X 180,000 $ 13E4 0,90 Milk................................................................................. $ .aS X 160,000 $ yo, Ode) Estimated Total $ / D Prompt Payment Discount(To be inserted by the bid / % for payment within /0 days Performance Bond Percentage Required (State agency shall insert appropriate percentage from (10%to 25%) 10% Bidder Information Name Area Code and Telephone No. 62©LG-IAI Tz)-i-.AV 92c?- _5�� - ,S��O Address(Street, City,State,ZIP Code) Sign t� I i k � Name(Print or Type)51441.(1-7 Title D(4-a TA' Frac Ta-LAY F-OX Date 6 -�S'—L9�o/.- Acce tance Sponsor Signature(In Ink) Date Contract Number s Sponsor Name(Print or Type) Sponsor Title 1. ITB No. 15-0115, Summer Food Program Bid Opening Date: March 12,2015 Page 6 of 40 { CITY OF FORT-WORTH PURCHASING DIVISION INSTRUCTIONS TO BIDDERS 1.0 SOLICITATION 1.1 Review of Documents: Bidders are expected to examine all documents that make up the Solicitation. Bidders shall promptly notify the City of any omission; ambiguity, Inconsistency or error that they may discover upon examination of the Solicitation. Bidders must use a complete Solicitation to prepare Bids. The City assumes no responsibility for any errors or misrepresentations that result from the use of incomplete Solicitations. 1.2 Location of Documents: Solicitations are issued by the Purchasing Division. The location and phone number for the Purchasing Division are specified in the advertisement and in the solicitation. 2.0 EXPLANATIONS OR CLARIFICATIONS 2.1 Any explanation, clarification, or interpretation desired by a Bidder regarding any part of the Solicitation must be requested in writing from the Purchasing Division with sufficient time allowed for a written addendum to reach each Bidder before the submission of their Bid. Interpretations, corrections, or changes to the Solicitation made in any other manner are not binding upon the City,'and Bidders.shall not rely upon such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding. 2.2 Requests for explanations or clarifications may be faxed to the City's Purchasing Division at(817) 392-8440. The fax must clearly identify the Buyer's name and the Solicitation number. Any material information given to one Bidder concerning a Solicitation will be furnished by an Addendum to all Bidders who have been issued a Solicitation. 2.3 Unauthorized Communications: Bidders'contact regarding this invitation to Bid (ITB) with employees or officials of the City other than the Purchasing Manager, the.Minority and Women Business Enterprise(MIWBE) Office,or as otherwise indicated in the ITB is prohibited and may result in disqualification from this procurement process. No officer, employee, agent or representative of the Respondent shall have any contact or discussion, verbal or written,with any members of the City Council, City staff or City's consultants, or directly or indirectly through others, seek to influence any City Council member, City staff, or City's consultants regarding any matters pertaining to th€s solicitation, except as herein provided. Any violation of this prohibition may result in the Respondent being disqualified from the procurement process. Any oral communications are considered unofficial and non-binding with regard to this ITB. 3.0 PRE-BID CONFERENCE' If a pre-bid conference is held,the time, place,and nature of the conference will be specified on the cover page of the solicitation. Attendance at pre-bid conferences is not mandatory. 4.0 PREPARATION OF BIDS Each Bidder must furnish all Information required by a Sollcitatlon on the documents provided. Bids submitted on other than the forms included In the Solicitation shall be considered non- responsive. Any attempt to alter the wording In the Solicitation is ineffective and will result in rejection of the Bid. 4.1 Taxes: Purchases of Goods or Services for City use are usually exempt from City, State, and most Federal Taxes. Bids may not include exempted taxes. The successful Bidder should request a Tax Exemption Certificate from the Purchasing Division. Under no circumstances shall the City be Ilable to pay taxes for which the City has an exemption under any Contract. { ITB No. 15-0113, Summer Food Program Bid Opening Date: March 12, 2015 Page 6 of 40 4.2 Brand Name or Equal: if the Solicitation indicates brand name or"equal"products are acceptable, the Bidder may offer an"equal"product and must be prepared to demonstrate those features that render it equal. Final determination of a product as "equal"remains with the City. 4.3 Delivery Time: Delivery time, if stated as a number of days,will be based on calendar 'days, Time is of the essence in any City purchase. If the indicated date cannot be met or the date is not indicated, the Bidder shall state its best delivery time. 4.4 Free on Board(FOB)Point: Freight Terms shall be FOB Destination, Freight Prepaid and Allowed. The Bidder should quote its lowest and best price,with the goods delivered to the place specified, at the Bidder's expense and risk,and there tender delivery to the City. Bids offering any other delivery terms are not acceptable and may be cause for rejection. 4.5 Prices: 4.5.1 Bids shall be firm priced offers unless otherwise specified. 4.5.2 . Pricing shall be entered on the Bid Sheet in ink, 4.5,3 Totals shall be entered in the"Total Price"column of the Bid Sheet. 4.5,4 in the event of a discrepancy between unit price and extended price, the unit price shall govern. 4.5,5 Prices shall be offered in the Dollars of the United States of America(or decimal fractions thereof). 4.6 Signature: The Bidder must sign each document in the Solicitation requiring a signature. Any change made to the Bid must be initialed by the Bidder. 4.7 Bid Security: if a bid security is required for this purchase, the requirement will be reflected in the"Specification"section of the bid package. Cashier's check or an acceptable surety bond in the amount indicated in the Notice to Bidders must be submitted at the time the bid is submitted,and is subject to forfeiture in the event the successful bidder fails to execute the contract documents within 10 calendar days after the contract has been awarded. 4.7.1 To be an acceptable surety on the bond: 4.7.1.1 The name of the surety shall be included on the current Department of the Treasury's Listing of Approved Sureties (Department Circular 570); or 4.7.1.2 The surety must have capital and surplus equal 10 times the amount of the bond. The surety must be licensed to do business In the state of Texas.. 4.8 Alternate Bids: Bidders may offer an"equal"product as an alternate bid. Final "approved equal" determination remains with the City. 4.9 Proprietary Information: 4.9.1 All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon recelpt. 4.9 .2 If a Bidder does not desire proprietary information in the bid to be disclosed,each page must be identified and marked proprietary at time of submittal. The City will,to the extent allowed by law, endeavor to protect such information from disclosure. The final decision as to information that must be disclosed lies with the Texas Attorney General. 4.9.3 Failure to identify proprietary information will result in ail unmarked sections being deemed non-proprietary and available upon public request. J ITB No,.15-0113, Summer Food Program Bid Opening Date: March 12,2015 Page 7 of 40 4.10 Bid Preparation Costs: All costs associated with preparing a Bid in.response to a Solicitation shall be borne by the Bidder. 4.11 Payments: All payment terms shall be"Net 30 Days"unless otherwise specified In the bid document. 4.11.1 Successful bidders are encouraged to register for direct deposit payments prior to providing goods and/or services using the forms posted on the City's website at http://www.fortworthgov.org/departmentsl,click on"Automated Clearing House Setup" under"Auctions and Vendor Information" 5.0 SUBMISSION OF BIDS 5.1 Copies: Unless otherwise specified, Bidders are required to submit an.executed original and one(1)copy of the Bid. 5.2 Documents required with Bid:The following documents must be submitted with each Bid prior to the Due Date: 5.2.1 The signed Offer and Award Sheet; 5.2.2 The Bid-Sheet; and 5.23 Any other document included in the Solicitation requiring completion or execution by the Bidder. 5.3 Addenda: Receipt of an Addendum must be acknowledged by signing and returning the Addendum with the Bid If requested or under separate cover prior to the Due Date and Time. Addenda containing bid pricing should be returned in a sealed envelope marked on the outside with the Bidder's name, address, the Solicitation number, and the Due Date and time. 5.4 Late Bids: Bids must be received in the Purchasing Division prior to the Due Date and Time. All Bids received after the Due Date and Time are considered late and will be returned to the Bidder unopened. The time stamp clock on the receptionist's desk in the Purchasing Division is the time of record. It is the sole responsibility of the Bidder to ensure timely delivery of the Bid. The City will not be responsible for failure of service on the part of the U.S. Postal Office, courier companies,or any other form of delivery service chosen by the Bidder. 6.0 MODIFICATION OR WITHDRAWAL OF BIDS 6.1 Modification of Bids: Bids may be modified in writing at any time prior to the Due Date. 6.2 Withdrawal of Bids: Bids may be Withdrawn in writing, telegraphically, or by facsimile (provided that the facsimile is signed by the Bidder)at any time prior to the Due Date. A Bid may also be withdrawn in person by a Bidder, provided the withdrawal is made prior to the Due Date. A receipt of withdrawal must be signed by the Bidder. No Bids may be withdrawn after the Due Date without forfeiture of the Bid guarantee, unless there is a material error in the Bid. Withdrawn Bids may be resubmitted, with or without modifications, prior to the Due Date. The City may require proof of agency from the person withdrawing a bid. 7.0 OPENING OF BIDS The Purchasing Division representative responsible for opening Bids shall confirm the time and announce the Bid opening. The representative shall then personally and publicly open all Bids timely received, reading each bid aloud. C . ITB No. 15-0113, Summer Food Program Bid Opening Date: March 12, 2015 Page 8 of 40 8.0 EVALUATION FACTORS AND AWARD 8.1 Evaluation: Bidders may furnish pricing for all or any portion of the Solicitation (unless otherwise specified). However, the City may evaluate and award the Contract for any item or group of items shown on the Solicitation; or any combination deemed most advantageous to the City. Bids that specify an"all or none" award may be considered if a single award is advantageous. 8.2 Award:The City will award contracts to the bidder whose offer represents the"best value"to the City, price and other factors considered. The specific award strategy and evafuatlon factors will be stated in the specifications included in this ITB, 8.2.1 The following criteria may be considered to determine the best value(see section 252.043 of the Texas local Government Code): 8.2.1.1 Purchase Price; 8.2.1.2 Reputation of the bidder and of the bidder's goods or services; 8.2.1.3 Quality of the bidder's goods or services; 8.2,1.4 Extent to which the goods or services meet the City's needs; 8.2.1.5 Bidder's past relationship with the City; '8.2.1.6 Impact on the ability of the-City to comply with laws and rules relating to contracting with historically underutilized businesses and non-profit organizations employing persons with disabilities; 8.2.1.7 Total long-term cost to the City to acquire the bidder's goods or services; and 8.2,1.8 Any relevant criteria specifically listed in the request for bids or ( proposals. 8.2.2 Total long-term cost may include specification conformance, delivery requirements,the life expectancy,cost of maintenance and operation, operating efficiency, training requirements, disposal value,warranties and other factors contributing to the overall acquisition cost of the productiservices. 8.3 Acceptance of Bid: Acceptance of a Bid will be in the form'of a Purchase Order or a Contract. Subsequent purchase releases may be issued as appropriate. The contents of a Bid shall become a part of the Contract. Under no circumstances will the City be. responsible for Goods or Services provided without an acceptance signed by an Authorized City Representative. 8.4 Reservations: The City expressly reserves the right to: 8.4.1 Specify approximate quantities in the Solicitation; 8.4.2 Extend the Solicitation opening date and time; 8.4.3 Consider and accept alternate Bids, if specified In the Solicitation, when most advantageous to'the City; 8.4.4 Waive as an-informality, minor deviations from specifications provided they do not affect competition or result in functionally unacceptable goods or services; 8.4.5 Waive any minor informality In any Bid or Solicitation procedure(a minor Informality Is one that does not affect'the competitiveness of the Bidder); 8.4.6 Add additional terms or modify existing terms in the Solicitation; 8.4.7 Reject a bid because of unbalanced unit prices bid; 8.4.8 Reject or cancel any or all.Bids; 8.4.9 Reissue a Solicitation; ITB No. 15-0113,Summer.Food Program Bid Opening Date: March 12, 2015 Page 9 of 40 8.4.10 Procure any Item by other means; and/or C 8.4.11 Award to multiple vendors on a non-exclusive award basis, or primary and secondary vendors. 9.0 POST-BID DOCUMENTS REQUIRED FROM BIDDERS 9.1 Certificates of Insurance:When insurance is required, the successful Bidder must. provide Certificates of insurance in the amounts and for the coverages required to the Purchasing Office within 14 calendar days after notification of award,or as otherwise required by the Solicitation. 9.2 Payment and/or Performance Bonds:When Payment and/or Performance Bonds are required, the successful Bidder must provide the bonds, in the amounts and on the conditions required, within 14 calendar days after notification of award, or as otherwise required by the Solicitation. •9.3 Minority Business Enterprise(MBE)Documents: If an MBE goal has been established for the bid, the applicable documents must be submitted by all bidders wishing to continue in the bid evaluation process within five(5)City business days after the bid opening date, exclusive of the bid opening date,to the City location specified in the bid. Bidders shall obtain a receipt from the appropriate department as evidence that the City received the documentation. 10.0 PROTEST PROCEDURE 10.1 Vendors who respond to Invitations to Bid have the right to protest the solicitation process or the bid award if they believe that there has been any impropriety or unfair criteria in the process. 10.2 The vendor must submit any protest in writing to the Purchasing Manager within 14 days after the vendor knows, or should have known, of the facts relating to the proposed action or award. 103 The Purchasing Manager, or designee, is authorized to resolve a protest concerning a purchasing action through telephone discussions, mail, email or in person meetings with the protesting vendor. 10.4 After discussions or meetings, the Purchasing Manager or designee will issue a decision in writing, state the reasons for the action taken and inform the protesting vendor of the right to review by a panel made up of City staff. 10.5 A City protest review panel will consist of an Assistant City Attorney, a representative of the operating department,the Purchasing Manager and any other appropriate personnel or employees of the operating department. 10.6 If the panel is unable to resolve the protest, or if the panel makes a decision with which the vendor does not agree, the protesting Vendor will be invited to attend the City Council . meeting at which the i ecommended award is to be presented to the City Council and make known his/her concerns. The protesting vendor will be instructed to arrive prior to the start of the City Council meeting and complete a card requesting to speak concerning the particular Mayor and Council Communication document(M&C)in question. 10.6.1 Vendors wishing to speak before the City Council should review the rules for registering to appear before City Council located at: http:/Ifortworthtexas,govlci,secretary/info/default.asox?id=2914 on the City's website. Revised February 21, 2013 ITB No. 1570113, Summer-Food Program Bid Opening Date: March 12,2015 Page 10 of 40 SPECIFICATIONS FOR SUMMER FOOD PROGRAM 1.0 SCOPE OF WORK 1.1 SQOPE-The successful bidder(s), hereinafter, "Contractor"shall to be familiar with Child. Nutrition Program standards and all menu items must meet minimum requirements for serving size. Contractors shall provide all necessary meals for lunch and snacks for the City of Fort Worth(City), Summer Food Program for the Parks and Community Services Department(PACSD)annual agreement, and subsequent renewal.perlods in strict accordance with the terms, conditions, and provisions of the specifications herein. 1.1.1 The term of the Agreement shall be for a one-year(1) period,with four(4) options to renew for additional one-year periods. Provided there are no changes in price from the original bid and service continues to be satisfactory. However, if funds are not appropriated, the City may cancel the agreement 30 calendar days after providing written nonfiction to the successful bidder(s). -1.1.2 United States Department of Agriculture (USDA) regulations 7 CFR Part 226, entitles Child and Adult Nutrition Program are herby Incorporated by reference. 1.1.3 All meals furnished must meet or exceed USDA requirements set-out in Attachment G.• 1.1.4 Contractor shall to deliver lunch and snacks to locations set out in Attachment F, attached hereto and made part hereof, subject to the terms of this solicitation. 1.1.5 Contractor shall furnish Lunch, Snacks meals and Beverages ordered by,the Parks and Community Service Department'Representative during the period of June through August, during each agreement term. 1.1.6 Contractor shall provide all necessary labor, material, and equipment to provide the delivery and storage of meals at the required temperatures until served. Substitutions are allowed, however all substitutions must be-comparable to the products specified. Contractor must indicate verbally or electronically when they intend to substitute and note the name of the substituted product. Once the program begins, substitutions are allowed only with 48-hour notice and must be a price equal to or less that the p rIQe of the item the substitution is replacing. 1.1.7 Contractors shall provide a minimum of three(3)current customer references, comparable in size with similar services provided on a continuous basis for a period no less than twelve(12)months. (See Attachment F). 1.1.8 Following the award, additional services of the same general category that could have been encompassed in the award of this Agreement, and that are not already on the Agreement, may be added by mutual agreement of the parties. 1.1.9 Prices shall be all inclusive to include all charges. Charges shall be clearly defined with definitions included with the bid package. 1.1.10 Contractor shall list the number of delivery trucks and hot/cold storage containers dedicated to each location In their bid. ITB No, 15-0113, Summer Food Program Bid Opening Date: March 12,2015 Page 11 of 40 1.2 PRE-BID CONFERENCE-A Pre-Bid Conference will be held at 9:00 AM,Wednesday, February 25, 2015, at the Parks and Community Services Department at 4200 S Freeway, Suite 2200, Conference Room, Fort Worth, Texas,76115. 1.2.1 Bidders are responsible for familiarizing themselves with the work to be performed prior to the pre-bid conference and prior to submitting bids in,order to be fully aware of the scope of the services required. Failure to understand the specifications will not relieve the successful bidder(s)from performing in accordance with the strict Intent and meaning of the specifications at the awarded bid price. There will be no additional cost to the City. 1.2.2 FAILURE TO ATTEND THE PRE-BID CONFERENCE MAY IMPACT A BIDDER'S ABILITY TO SUBMIT A FULLY INFORMED AND COMPETITIVE BID RESPONSE,ATTENDANCE IS NOT MANDATORY BUT IS STRONGLY ENCOURAGED. 2.0 REQUIREMENTS 2.1. Bid Bond: Contractors shall include in the bid package a Bid Bond and/or Cashier Check in the amount of five(5%) percent of the amount bid for bids over$100,000. Bid Bonds or Cashier Checks will not be accepted after bid opening. . 2.2. PERFORMANCE BONDS:Successful Contractor shall submit a Performance Bond with a value of ten (10) percent of the dollar amount of the agreement to the City's Purchasing Division within ten(10)business days after notice of award but prior to the effective date of the performance bond forms. ( 3,0 SERVICES 3.1 Meals:-Meals shall be packaged including.milk or Juice and delivered to each location set out on the Site Information list to serve children participating In the Summer Food Service Program (SFSP)authorized,by Section 13 of the National School Lunch Act,and operated under Part 2225 of the U.S. Department of Agriculture(USDA) regulations. (See Attachment F for locations.) 3.1.1 Menu Cycle—menus shall be an eleven (11)day cycle and shall adhere to USDA standards. The menu cycle shall consist of a rotation of Hot Meals and Cold Meals on a daily basis. (Example: Hot meals on Monday,Wednesday and Friday, Cold meals on Tuesday and Thursday). 3.1.2 Lunch-approximately 160,000 meals, using the guidelines according to Summer Food Service Program Child Care Meal Pattern Chart(SFSP). (See Attachment G). 3.1.3 Snack-approximately 180,000 snacks, using the guidelines according to Summer Food Service Program Child Care Meal Pattern Chart(SFSP). (See Attachment G). 3.1.4 Milk-The milk portion of the Lunch Meals will follow the USDA/TDA offer vs serve(OSV)option at each pile..This option allows the City to order the milk portion separate per site whereas to reduce waste and cost. \ .ITB No. 15-0113, Summer Food Program Bid Opening Date: March 12, 2015 Page 12 of 40 3.1.5 Meals shall be packaged individually to insure proper distribution to program ( participants. 3.1.6 Meal item wrapper shall be designed to minimize air volume and air space as well as discoloration of meat products. 3.1.7 Pre-approved packaging for the unitized lunch shall be recyclable individual boxes with closeable lids that can be resealed, designed to prevent crushing of foods; or fiber or recyclable plastic containers over-wrapped, sealed'and designed to prevent crushing of food. 3.1.8 One(1)test meal shall to be delivered daily to each site.These additional meals are not reimbursable. 3.1.9 No paper bags or individual plastic bags will be accepted. 3.1.10 Cold lunches, milk, and juice must be maintained and delivered at 40 degrees Fahrenheit or less. 3.1.11 Hot lunches must be maintained and delivered above 140 degrees Fahrenheit. 3.1.12 Digital thermometers shall be carried by each of the Contractor's drivers and shall be calibrated weekly. 3.1.13 Meals that do not meet standards will not be accepted. Contractor must provide alternate meal(s)to site within one(1) hour. 3.1.14 Hot meals shall be prepared fresh within twenty-four(24) hours of delivery. 3.1.15 Alternate methods of delivery,care, and storage of food products prior to serving must be approved in writing by Program Coordinator before use. 3.1.16 Wet ice will not be accepted on lunch or meal components. Wet ice will only be accepted on juice and milk products. 3.1.17 Condiments (i.e. mustard, ketchup, mayonnaise, salad dressing)must be individual serving packages that are sealed by the manufacturer's authorized packing company. Condiments packaged otherwise will not be allowed. 3.1.18 Utensils shall be individually packaged and sealed by the manufacturer's authorized packing company, 3.1.19 Juice must be 100%juice, shelf stable without refrigeration 3.1.20 Grain products shall contain a minimum of 14.76 grains of whole or enriched grain. 4.0 LAWS,REGULATIONS,AND ORDINANCES The Contractor shall,comply with all Federal: laws, ordinances and regulations; State: laws, Cordinance and regulations; County: laws, ordinances and regulations; and City: laws, ITB No. 15-0113, Summer Food Program Bid Opening Date: March 12,.2015 Page 13 of 40 ordinances, and regulations for safety of people, environment,and property.This includes, but is not limited to, all Federal, State, County, and City Agencies,Administrations and Commissions such as the Environmental Protection Agency(EPA), Occupational Safety and Health Administration (OSHA), and the Texas Commission on Environmental_Quality(TCEQ). In the event any law, regulation or ordinance becomes effective after the start of this Agreement, the Contractor shall comply with new law, regulations or ordinance policy. Any mandates requiring the City to•comply with new guidelines will also require the Contractor to comply. 5.0 CONTACT 5.1 Due to the unique nature of these Agreement specifications, the working relationship between the City and Contractor is critical to its success. The Contractor shall have the ability and is required to respond to all inquiries and issues in timely and professional .manner. Failure to respond as Indicated shall result in the termination of this Agreement. 5.2 Contractor shall designate at least one(1)person as Point of Contact with office phone or cell phone number and email for accessibility. 5.3 Contractor's Point of Contact shall respond to calls, volcemails and emalls within one (1) hour during normal business hours. 5.4 The person designated for this purpose shall be identified in the bid submittals (See Attachment E). 6.0 'QUANTITIES The quantities listed on the bid solicitation are only estimates based on previous usage and do not indicate intent to purchase or a guarantee of future business. The City of*Fort Worth is obligated to pay for only those materials and services actually ordered by an authorized City employee providing a purchase order number and a release number and then received as required and accepted by the City. 7.0 PERFORMANCE Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any terms and conditions, but the Contractor's obligation with respect to such performance shall continue in full force and effect. 8.0 INSURANCE REQUIREMENTS- 8.1 The Contractor shall assume all risk and liability for accidents and damages that may occur to persons or property during the prosecution of work under this Agreement. The Contractor shall file with the City of Fort Worth Purchasing Division, prior to the commencement of services, a certificate of insurance documenting the following required insurance, 8.1.1 Failure to provide such information within five(5)calendar days may be grounds for Agreement termination. 8.2 Policies shall have no exclusions by endorsements which nullify the requiredi ines of coverage, nor decrease the limits of said.coverage unless such endorsements are approved by the City. In the event a contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage,-and the City desires the Contractor to obtain such coverage,the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. ITB No. 15-0113, Summer Food Program Bid Opening Date: March 12, 2015 Page 14 of 40 8.2.1 Statutory Workers'Compensation Insurance and Employer's Liability Insurance at the following limits: $100,000 Each Accident $500,000 Disease—Policy limit $100,000 Disease—Each Employee This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas Workers'Compensation Act(Art. 8308--1.01 et seq. Tex. Rev. Civ. Stat.)and minimum policy limits for - Employers' Liability of$100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000.per disease per employee. 8.2.2 Commercial General Liability Insurance Including Explosion, Collapse, and Underground Coverage shall be provided as follows: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate Coverage shall include but not be limited to the following: premisesloperations, independent Contractors, products/completed operations, personal injury, and contractual liability. insurance shall be provided on an occurrence basis,and as comprehensive as the current Insurance Services Office(ISO) policy. 8.2.3 Auto Liability Insurance shall be provided as follows: $1,000,000 Combined Single Limit Each Accident { A commercial business policy shall provide coverage on"Any Auto", defined as autos owned, hired and non-owned. 8.2.4 Environmental Impairment Liability(Ell.)And/Or Pollution Liability $2,000,000 per occurrence $5,000,000 aggregate 8.2.5 The Contractor shall furnish the Purchasing Manager,with a certificate of. insurance.documenting the required Insurance prior to the commencement of services. 8.2.6 Policies shall be endorsed to provide the City of Fort Worth a thirty-(30)day notice of cancellation, material change In coverage, or-non-renewal of coverage. 8.2.7 Applicable policies shall also be endorsed to name the City of Fort Worth as an additional Insured,as its interests may appear(ATIMA). 9.0 ADDITIONAL INSURANCE REQUIREMENTS 9.1 The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liabillty insurance coverage under Contractor's workers'compensation insurance policy. 9.2 Certificates of insurance satisfactory to the City and Worker's Compensation Affidavit must be recelved before Contractor can begin work. Failure to supply ( and maintain such insurance shall be a breach of contract. Contractor shall ITB No. 15-0113, Summer Food Program Bid Opening Date: March 12, 2015 Page 15 of 40 provide complete copies of all insurance polices required by this Agreement. Certificates of insurance must be supplied to: Financial Management Services Department Attention: Purchasing Division Bid No.16-0113 1000 Throckmortoh Street Fort Worth,Texas 76102 9.3 Any failure on part of the City to request required insurance documentation shall - not constitute a waiver of the insurance requirements specified herein. Each insurance policy shall be endorsed to provide the City a minimum 30 days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten (10)day notice shall be acceptable in the event of-non-payment of premium. 9.4 Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency. 9.5 Deductible limits,or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. 9.6 Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups.The City must approve in writing any alternative coverage. 9.7 Workers'compensation insurance policy(s)covering employees of the Contractor shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. 9.8 City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 9.9 Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. 9.10 While the purchase order is in effect, Contractor shall report, In a timely manner, to the Purchasing Department any known loss occurrence that could give rise to a liability claim or lawsuit or which could result in a property loss. 9.11 Contractor's liability shall not be limited to the specified amounts of insurance required herein. -10.0 COMPLAINTS Complaints processed through the City Purchasing Division are to be corrected within fourteen (14)days of.formal notice of complaint. Written response to the Purchasing Division is required. Failure to properly resolve complaints within the fourteen (14) calendar day time period may result in the cancellation of the applicable line item(s)in the price agreement. 11.0 UNIT PRICES 11.1 The unit prices may be adjusted for increases or decreases in Contractor's cost during the renewal period but before the effective date of the renewal upon written request from the Contractor. ITB No. 15-0113, Summer Food Program Bid Opening Date: March 12,2015 Page 16 of 40 1.1.2. At the time the City exercise the renewal options, the Contractor may request a {" rate adjustment in an amount not to exceed the current Producer Price Index(PPI) rate of the original contract rate price or subsequent renewal rate price. 11.3 The Contractor must submit its price adjustment request, In writing, at least 60 days before the renewal effective period. The Contractor shall provide written proof of cost increases with price adjustment request. 11.4 If the City concludes that the rate increase being requested is exorbitant, the City - reserves the right to adjust the rate request,or reject the rate request in its entirety and allow the contract to expire at the end of the contract term. If the City elects not to exercise the renewal option, the Purchasing.Division will issue a new solicitation. 12.0 INVOICES 12.1 All invoices shall be submitted directly to City of Fort Worth, Parks and Community Services Department, 2200 South Freeway, Suite 2200, Fort Worth,Texas 76116. 12.2 All invoices shall be typewritten or computer printed and shall include the Contractor's name and federal tax identification number, invoice number, address, date, service or Item description, unit price,extended cost,City Issued purchase order and release number. 12.3 Invoices shall include copies of all delivery tickets signed by a representative designee at each location. 12.4 Incomplete or inaccurate invoices may result in delay of payment and shall be returned to the Contractor for correction and re-submitted. 1 13.0 RECORDKEEPING 13.1 The Contractor must prepare, at a minimum of three(3)copies of each delivery ticket: one(1)for the delivery site, one(1)for the Contractor and one (1)for the PACSD administration office. 13.1.1 Delivery tickets must be Itemized to show the number of snacks/juice/milk and/or snack and lunch meals by each type delivered to each site. 13.1.2 An Itemized ticket stating the expiration dates of each menu items must be included. 13.1.3 Designees of the department at each site will Inspect the delivery before signing the delivery ticket. 13.2 The Contractor shall maintain records'supported by delivery tickets, invoice receipts, purchase orders, and/or production records for this contract, or other evidence for inspection and reference, to support payment and claims. 13.3 The books and records of the Contractor pertaining to this contract shall be available for a period of three (3)years from the date of submission of the PACSD final claim for reimbursement, or until the final resolution of any audits,for.inspection and audit by representatives, of the State agency, representatives of the U.S. Department of Agriculture, the Sponsor and the U.S. General Accounting Office at any reasonable time and place. ITB No. 15-0113,, Summer Food Program Bid Opening Date: March 12,2016 Page 17 of 40 14.0 DELIVERIES 14.1 Delivery shall be F.O.B. Destination to designated participating sites on a daily-(Snacks) and-daily(Lunch)as shown in Attachment F. The actual locations will be provided by PACS according to orders submitted per location(s). PACSD will provide delivery addresses, telephone numbers(s)and contact personnel information at the time an order is placed. And alI other delivery charges shall be included in the unit price. No additional charges for expenses, freight, mileage,time, or similar items will be accepted or paid by the City. 14.2 All deliveries shall be accomplished during normal business hours between 8:00 A.M. to 11:00 A.M., Monday through Friday or as requested by City. 14.3 Orders and deliveries shall be.on an as needed basis to various locations as instructed by the Program Coordinator, 14.5 Delivery shall be made by the contractor to each site in accordance with.the order from Program Coordinator. 14.6 Meals are to be delivered to each site daily,unloaded and placed In the designated location by the contractor's personnel no later than the times listed. (See Attachment F). 14.7 In the event the Contractor is unable to meet the specified delivery dates and time(s), the Program Coordinator must be contacted immediately. Failure to comply with the delivery terms may be legal grounds for cancelling an order(s), or the entire Agreement. 14.8 PACS reserves the right to add or delete delivery sites and shall notify the Contractor, by providing an amendment to Attachment F, all sites which are approved, cancelled or t terminated subsequent to acceptance of this agreement. 15.0 CHANGES IN COMPANY NAME OR OWNERSHIP The Contractor must notify the City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of keeping updated City records. The president of 1he company or authorized official must sign the letter. Failure to do so may adversely impact future invoice payments. 16.0 CONTRACT ADMINISTRATION 16.1 Contract administration will be performed by the using department(s) in accordance with the City of Fort Worth Administrative Regulations dated June 17, 2002, Section C, Number 9, Paragraph 8.11 -Non-Performing Vendor and applicable Texas Local Government Code. In the event the Contractor fails to perform according to the terms of the contract, the Department head or his/her designee will document, in writing, to the Contractor the failures.A meeting may be arranged to discuss the Contractor's deficiencies.A written cure notice may be prepared giving the Contractor 14 calendar days to cure any deficiency, except as provided In sections 3.13 and 3.14 of these specifications. 16.2 In the event the Contractor continues with unsatisfactory performance, the office Administration will promptly notify the Purchasing Manager who will take appropriate action to cure the performance problem(s),which could include cancellation, termination for convenience or default. If the contract is terminated for default, the Contractor may be held liable for excess cost and/or liquidated damages. 16.3 The Contractor will be paid only those sums due and owing under the contract for ITB No, 15-0113, Summer Food Program Bid Opening Date: March 12,2015 Page 18 of 40 services satisfactorily rendered, subject to offset and/or reimbursement for damages, food replacement and other amounts which are, or which may become, due and owing to the City. 16.4- The City reserves the right to-terminate this contract, or any part hereof,for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract,the.Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the City using its standard record keeping system, have resulted from the termination. However, in no event shall the total of all amounts paid to the Contractor exceed the contract.price. The Contractor shall not be reimbursed for any profits which may have been anticipated, but which have not been earned up to the date of termination. 17.0 OPTION TO E CXTENDIRENEW THE TERM OF THE CONTRACT 17.1 The term of the contract shall be for a period of one year,with an option to renew annually for up to four(4)additional years.The City may extend the term of this contract by written notice to the contractor within 30 calendar days; provided that the City-gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar days before the contract expires, and the renewal/extension is mut6ally agreed upon by both parties to the contract. 17.2 The preliminary notice does not commit the City to an extension. If the City exercises this option, the extended contract shall be considered to include this option clause.The total duration of this contract, including the exercise of any options under this clause shall not exceed 3V months. 18.0 SAMPLES Meals and snacks may be requested from bidders at no cost to the City for testing and evaluation prior to bid award. The City reserves the right to determine if meals submitted are acceptable. The City also reserves the right to perform random testing periodically for the duration of the agreement. Samples of items,when called for, must be furnished free of cost to the City. 19.0 BID EVALUATION AND AWARD CRITERIA 19.1 The bid will be awarded based on the best vaIue according to the following criteria; Contract Cost 35% Contractor financial capability to perform the scope of work. 30% Bidder's previous experience in performing service similar in nature of scope. 10% -_gqality of Bidder's goods or service 10% Extent to which the goods or services meet the City's needs. 10% Adequacy of plant facilities for food preparation,which meets all applicable State and local health, safety and sanitation standards certifications and,licensing, 5% 19.2 In order for the City to receive adequate coverage on its requirements as specifies in the solicitation, the City reserves the right to make multiple awards. ITB No. 15-0113, Summer f=ood Program Bid Opening Date; March 12, 2015 Page 19 of 40 19.3 The City reserves the right to accept or reject in whole or in part any or all bids received make to male an ward on the basis of Individual item, combination of items, or overall bid, as it is deemed in the best interest of the City. 19.4 The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 20.0 . BIDS 20.1 A completed and signed original Invitation to Bid(ITB)form, 20.2. A completed and signed original Bid Solicitation form; 20.3 A completed and signed original Conflict of Interest Questionnaire, Attachment A. . 20.4 A completed and signed original Statement of Residency,Attachment B 20.5 A completed and signed original Reference Sheet for Summer Food Program, Attachment C. 20.6 A completed and signed original Location Bidder's Principal Place of Business, Attachment D. 20.7 A completed and signed original Contractor Contact Information form, Attachment E. 20.13 Site Location Information List, Attachment F. rr 20.9 SFSP Meal Pattern Requirement Sheet,Attachment G. 1, 21,0 QUESTIONS Questions, explanations or clarifications desired by a bidder regarding any part of the bid must be requested in writing from the Purchasing Division not less than five(5) business days before the bid opening date. Interpretations, corrections or changes to the bid made in any other manner are not binding upon the City, and bidders shall not rely on such interpretations, corrections or changes. Oral explanations.or instructions given before the award of the Agreement are not binding. Request can be send to the-following: 21.1 Shelia Baker, Senior Buyer,sheila.bakerg.)fortworthtexas.aoy 21.2 City of Fort Worth Purchasing Division . Attention: Sheila Baker, ITB No. 15-0113 1000 Throckmorton Street Fort Worth, Texas 76102 21.3 Facsimile: (817)392-8440, Attention: Sheila Baker- ITB No, 15-0113, Summer Food Program Bid Opening Date: March 12,2015 Page 20 of 40 ITB No, 15-0113, Summer Food Program Bid Opening bate: March 12,2015 Page 21 of 40 ATTACHMENT A CONFLICT OF INTEREST QUESTIONNAIRE Pursuant to Chapter 176 of the Local Government Code,any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods,or services with a local governmental entity(i.e.The City of Fort Worth)must disclose in the Questionnaire Form CIQ("Questionnaire")the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a request for proposals or bids, correspohdence, or another writing related to a potential agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaire Form CIQ is enclosed with the submittal documents.The farm is also available at http:/lwww.ethics.state.tx.ustforms/C]Q.13df. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have with the City, use N/A in each of the areas on the form. However, a signature is required in the#7 box in all cases. IT13 No. 16-0113, Summer Food Program Bid Opening Date: March 12,2016 Page 29 of 40 CONFLICT OF INTEREST QUESTIONNAIRE FORM CiQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local OFFICE USE 0NLY Government Code by a person doing business with the governmental entity. Dale Received i3y law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person. becomes aware of facts that require the statement to be filed. See Section 176.006,Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code.An offense under this section is a Class C misdemeanor. jJ Name of rson doing business with local governmental entity. T2 — Check Check this b If you are filing an update to a previously filed questionnaire. (The law require that you file an updated completed questlonnalre with the appropriate filing authority not later than September 1 of lh year for which an activity described In Section 176.006(a),Local Government Code,Is pending and not talar than the 71 buslness day atter the date the originally tied questionnaire becomes Incomplete or Inaccurate.) a Describe each afflllatlon or buss ess relationship with an employee orcontraotor of the local governmental entity who makes recommendations to a iocal gov nment officer of 1he local governmental entity,with respect to expenditure of money. Describe each affiliation or business relationship with arson.who Is a local government officer and who appoints or employs a local government officer of the local govemm tal entity that is the subject of this questionnaire. Neended 0111=008 ITB No. 16-0113,Summer Food Program Bid Opening Date: March 12, 2015 Page 30 of 40 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Nage 2 l 5 Name of local government officer with whom filer has afrilitation or business relationship. (Complete this section only If the answer to A,S,or C is YES.) This section, Item 5 Including subparts A. H, C& D,must be completed for-each officer wRh'whom the filer has alnllatlon or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the 1 government officer named In this sectlori receiving or likely to receive taxable Income from the Tiler of the quesda alre? Yes F—] No 13. Is the filer of the quo lonnalre race lying or likely to receive taxable Income from or at the direction of the local government officer named in this coon AND the taxable Income Is not from the local governmental entity? Yes Fj No C. Is the filer of this questionnaire Rated with a corporation or other business entity that the local government officer serves as an officer or director,or holds ownership of 10 percent or more? Yes D. Describe each affiliation or business rola nship. PJ Descrlbe any other affiliation or business relationship th t might cause a conflict of interest. 7 03 oat 5 Signature of person doing business with the governmental entity Date ( _ Amended 0111=006 ITS No. 15-0113, Summer Food Program Bid Opening Date: March 12,2015 Page 31 of 40 ATTACHMENT B STATEMENT OF RESIDENCY The following information is required by the City of Fort Worth in order to comply with provisions of state law, TEXAS GOVERNMENT'CODE.§2252.001, State or Political Subdivision Contracts for Construction, Supplies, Services; Bids by Nonresident. Every bidder must affirmatively state its principal place of business in its response to a bid invitation. Failure to provide the regwired information may constitute a basis for rejection of your bid. Bidders' cooperation in this regard will avoid costly time delays in the award of bids by the City of Fort Worth. For this reason, each bidder is encouraged to complete and return in duplicate, with its bid, the Statement of Residency Form, but in any event the low bidder will be required to submit this information within five(5) calendar days after the date of receipt of notification of apparent low bidder status from the Purchasing Division of the Finance Department. Failure to provide all required information within this designated period may result in the apparent low bidder being considered non-responsive and non- responsible, and the second low bidder being considered for award, TEXAS GOVERNMENT CODE § 2252.001 defines a "Texas resident bidder" as a bidder whose principal place of business*is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. TEXAS GOVERNMENT CODE§ 2252.001 defines a "Nonresident bidder" as a bidder whose principal place of business*is not in this state. Bidder's complete company name: RyLL f^)CT PRI T-D- LAy S_4t 5 State your business address in the space provided below if you are a Texas Resident bidder: 9701 4-6&4c y 0R(t 'PLAMO� XIS 7fd12C State your business address in the space provided below if you are a Nonresident bidder: r-- *The State Purchasing and General Services Commission defines Principal Place of Business as follows: Principal Place of Business in Texas means, for any type of business entity recognized in the State of Texas,that the business entity: I06Has at least one permanent office located within the State of Texas, from which business activities other than submitting bids to governmental agencies are conducted and from which the bid is submitted, ander� 2R Has at least one employee who works In the Texas office Form prepared by: sr4 <iZ4 �FI_L-D-t-A'l, Food F)rt $� (Name) (Title) Date: ITB No. 15-0113, Summer Food Program Bid Opening hate: March 12,2015 Page 32 of 40 r ATTACHMENT C REFERENCE SHEET FOR SUMMER FOOD PROGRAM Company Name- _71-0106E t—/74 �AN� Name of Contact: Title of Contact: .0 ajz i6t DS e 0,0"144ff-02 Present Address: 2-60Q G6-11-4V 5'/1-k-TT City, p �2 r L,/a2�r /2� 5 96/or7 ity,state Zi Code- Telephone No..�� �- _ 9/ Fax No. 15-3 Services Provided: dN,0 44-7 5Clk01- 01-S iQLdNG tVi/W !<lrS Company Name C/rY OF A,42 4,4AI D Name of Contact: Title of Contact: 647 //1 1-&ISIAIC, Present Address:. .P/Q CAIZ &FA AIW- .SU/r2r-/0.24 City,State,zip code: 6,4A LAAI&41 Tz--fXlS 7.�D 4{Q Telephone No. r ��'��J r✓?3Fax Na. Services Provided: PA0Gl1.AIvI Company Name: G A / 7-A L Av--o D Q An/kc Name of Contact:_ �`ti�iyt7 /7 '4A✓� Title of Contact: r Present Address- ()/ 5-' co City,State,Zip Code: �(�.s!/V� J/ �} Telephone No. S/a-(4q^ jpS Fax No.--5-/d 'o:24P [OG�Iy Services Provided: SUi'`AftFt 4AIV.A-r"12F1 6h6;06 144C-AGS t ITB No. 15-0113, Summer Food Program Bid Opening Date: March 12,2015 Page 33 of 40 ATTACHMENT D CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL,PLACE OF BUSINESS Section 2-14 of the Fort Worth Code of Ordinances authorizes the City Council,when considering competitive sealed bids, to enter into a contract for certain purchases with a bidder whose principal place of business'is in the corporate limits of the City of Fort Worth and whose bid is within 3 or 5 percent of the lowest bid, depending on the value of the request and goods or services requested, if the lowest bid Is from a business outside the municipality and contracting with the local bidder would provide the best combination of price and other economic benefits to the municipality. Requests to be considered a local business must be submitted on this form with bid packages.to be considered by the City of Fort Worth. Wuestions should be addressed to the Purchasing staff listed in the bid or request package. The Fort Worth City Council requires the following information for consideration of location of a bidder's principal place of business. Add additional sheets if needed to provide this Information. 1. Locational Eligibility: Principal Place of Business in Fort Worth,Texas. a. Do you have a Fort Worth office? If yes, identify address: yD J ' 1• ' b. What percentage of estimated gross company sales (worldwide) are sales originating in Fort Worth? "Originating in Fort Worth" shall mean payable at the Fort Worth office. [must exceed 50%] 2. Economic Development opportunities resulting from contract. a. Number of Fort Worth resident-employees? b. Amount of City of Fort Worth ad valorem taxes (real and business personal property).paid by company(for prior tax year—Fort Worth office or former location, if Fort Worth office is newly- established)? Certification of information: The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof, under penalty of perjury. �o�G liv`G -A (7V S_14 6&55 (Comp ny N f e) (Date) {Signature) (Printed Name and Title) t ITB No. 15-0113, Summer Food Program Bid Opening Date: March 12, 2015 Page 34 of 40 "WORTH, ATTACHMENT ATTACHMENT E VENDOR CONTACT INFORMATION Vendor's Name: Vendor's Local Address: 7 2W C y Ae 11115- 41*, 22L Phone: 9 a,2- 3 3 r/- X730_ Fax: -- Small: Ms-iT. 5r /T*@ Name of persons to contact when placing an order: Namelfitle 90,y&L AS f/R/�Grs , Sova/1�rG�o.✓ � 7th�Ti v�S IYA,vAG�2 ,---- Phone: Fax: Email: AW6. f{.AAGr- li,05160. Co,-1 r NamerrKle Mlgif' G vGc�v,Nt Phone: ' 9yo- f,3-- ,q�`rJo�- Fax: Email: N+'/ - Eve vel Qelyro. Co�? Name/Title 1IM-1-771Fh✓ S/ 11-71 Phonw. /- Phone: 7 -3PI-S'910 Fax: Email: 111W, ,S L' S/GD. Co/--7 Sighrkure Printed Name Date r ITB No. 15-0113, Summer Food Program Bid Opening Date: March 12,2015 Page 35 of 40 1 ATTACHMENT F l. U.S. Department of Agriculture—Food and Nutrition Service Site Information List Summer Food Service Pro ram SPONSOR NAME:CITY OF FORT WORTH CONTACT PERSON-MARIE FRANCIS PHONE k817-392-5760 ADDRESS;4200 S.FREEIr& SUITE 22N FORT WORTH.TX 76115 2015 SUMMER FOOD SITEIIST LUNCHES SNACKS LUNCH SNACK START END NAME OF SITE SITE ADDRESS PER DAY PER DAY TIMES TIMES DATE DATE ANDREW'SESSION .2018 SYLVANIA COMMUNITY CNTR 76111 75 75 11:30a-1:30 2:30-3:30P 6/1515 8/14/15 CHISHOLM TRAIL COMM 4680 McPHEARSON CENTER RD 76123 75 75 11:30a-1:0 2:30-3:30 6/15/15 8/14/15 COMO COMMUNITY 4900 HORNE ST CENTER 76107 200 200 11:ODa-1:00 2:00-3:00P 5115/15 8/14115 DAGGETTELEMENTARY 958 PAGE ST MOBILE REC 76110 200 200 . 11:00a-1:00 2:00-3:OOP 6/15/15 8114115 DIAMOND HILL 1701.NE 36TH ST COMMUNITY CENTER 76106 100 100 10:30a-12:00 2:30-3:30 6/15/15 8114/15 FAR NORTHWEST.CAP 920 ROBERTS CUT- CENTER OFF RD 76114 30 30 12:00-1:00 2:30.3:30 6/15/15 8/14/15 FIRE STATION 1601 LIPSCOMB ST COMMUNITY-CENTER 76104 100 100 11:00a-1:00 2:00-3: 6/15/15 8/14/15 GEORGE CLARKE MOBILE 3300 S HENDERSON REC 76110 200 200 11:00a-1:00 2:00-3:OOP 6/15/15 8/14/15 GREENBRIAR 5200 HEMPHILL ST COMMUNITY CENTER 76115 120 120 11:00a-1:00 2:00-3:00 6115/15 6114/15 HANDLEY MEADOWBROOK CC 6200 BEATY 76112 80 SO 11:30a-1:30 2:00-3:00 6/15/15 8/14115 HIGHLAND HILLS 1600 GLASGOW COMMUNITY CENTER 76134 125 125 10:30-12:30 2:30-3:30P 6/15/15 8114115 HILLSIDE COMMUNITY 1201 E MADDOX CENTER 76104 60 80 11:00a-1:00 2:OQ3:00 6/15115 8/14/15 MLK COMMUNITY 5565 TRUMAN DR CENTER 76112 100 100 10:45a-12:45 2:00-3:00 6/15/15 1 8/14/15 MCCRAY COMMUNITY 4932 WILBARGER' CENTER 76119 100 100 11:OOa-1:00 2:30-3:30P 6/15/15 8/14/15 NORTHSIDE COMMUNITY 1801 HARRINGTON CENTER AVE 76106 150 150 11:00a-1:00 2:30-3:00 6/15115 8114115 NORTH TRI ETHNIC 2950 ROOSEVELT COMMUNITY CNTR '70106 100 100 11:00a-12:00 2:00.2:30 6/15/15 8H4/15 RD EVANS COMMUNITY 3242 LACKLAND RD CENTER 76116 150 150 11:00a-1:002:00-3:00 6/15/15 8114115 RIVERSIDE COMMUNITY 3700 E.BELKNAP CENTER 76111 150 150 11:00a-1:00 2:00-3:00v 6115/15 8114/15 1501 W.SEMINARY ROSEMONT'MOBILE REC DR 76115 200 200 11:00a-1:00 2:00-3:OOP 6/15/15 8/14/15 ITB No. 15-0113;Summer Food Program Bid Opening Date: March 12, 2015 Page 36 of 40 SEMINARY HILLS MOBILE 5037 TOWNSEND OR r REC 76115 200 200 11:00a-1:00 2:00-3:00P 6/15/15 8/14/15 A SOUTHSIDE COMMUNITY 959 E ROSEDALE CENTER 76104 75 75 11:00a-1:00 2:00-3:00 6/15115 8/14/15 SOUTHWEST 6300 WELCH AVE COMMUNITY CENTER 76133 150 150 10:30a-12:30 1:30-2:30 6/15115 8/14115 SYCAMORE COMMUNITY 2525 E ROSEDALE ST CENTER 76105 75 75 ' 11:30a-12:30 2:00-3:00P 6115115 8114115 THOMAS PLACE 4237 LAFAYETTE AVE 11:30a- COMMUNITY CNTR 76107 . 100 100 12:30P 2:00-3:OOP 6115/15 8/14115 WORTH HEIGHTS 3551 NEWYORKAVE COMMUNITY CNTR 76110 100 100 11:00a-1:0 2:00-3:OOP 6/15/15 8114115 4901 PACIFIC DR ADDISON PARKAPTS 76001 50 12:00-2:00 8/8/15 8121115 ARBORS OF ARLINGTON 1010 E.ARKANSAS LN APTS-MA #35 76010 40 1:00-2:0012 8/8115 1 8121115 BUTLER BOYS&GIRLS 12501 M TERRELL CIR CLUB N 76102 120 120 12:00-1:00 3:304:3 6/8/15 8/14115 CARRIAGE HILL PARK 1600 JONES DR APTS 76013 100 100 12:30-2:OOP 3:00-4:o0P 6/8115 8/21115 CAVILLE BOYS$GIRLS CLUB 5021 AVE G 76105 125 125 12:00-2:00 3:00-4:00 6015 8/14/15 CHRIST MEMORIAL 241 W.BEDFORD- COMMUNITY CHURCH EULESS RD 76063 40 40 11:00a-12:30 2:00-3:00 618115 8/21/15 CLIFF NELSON 4600 W.BARDIN RD RECREATION CENTER 76017 126 150 11:OD9-1:00 3:00-4:00 6/8/15 8/21/15 COMM STHSENVESTLAKE 2600 OTTINGER RD ACD 76262 200 200 11:00a-12:30 1:30.2:30 7113/15 7/31115 COMM.STHSE/N. 7900 N.RIVERSIDE RIVERSIDE EL DR. 76137 75 11:30a-12:30 8/8/16 7/31/15 COMM STHSE/LONE 4647 SHIVER RD. STAR EL 76244 75 11:308-12:30 618/15 6/26/15 DOTIIE LYNN REC 3200 NORWOOD LN CENTER 76013 100 250 11:30a-1:30 3:0D-4:00 6/8/15 8121/15 EARTH CHANGERS INT 4743 E.LANCASTER 10:00- MINISTRIES AVE 76103 30 30 12:00-1:00 ll:OOA 7/6115 7/24/15 EAST FORT WORTH MONTESSORI 501 OAKLAND 76103 75 75 11:00a-12:30 2:00-3:0013 618/15 6/26/15 EASTSIDE BOYS$GIRLS 4651 RAMEY AVE CLUB 76105 200 200 11:30a-1:30 3:30-4:30 6/8/15 8114115 ELZIE ODOM REC 1601 N E GREEN CENTER OAKS BLVD 78006 156 150 11:00a-1:00 2:30-3:30 618115 8/21/15 6112 WATAUGA RD. FIRST UMC OF WATAUGA 76148 50 11:00a-1:oO 6/29115 8/21115 712 E.STELLA ST 11:300-1:00p 1:30-2:30p FORTRESS MINISTRIES 76104 150 150 T&W M-W 6/8/15 817/15 FREEDOM SCHOOL@RISING STAR 4216 AVENUE M BC 76105 100 100 11:30-1:00 2:00-3:00 618/15 8/21116 FREEDOM SCHOOL®•TRAVIS AVE 800 W.BERRY ST BC 76110 80 80 12:00-1:00 2:00-2:30P 6115115 7/24115 FULLER STREET 816 N.OAK (ARL) FELLOWSHIP-MA 76011 100 100 12:00-2:00p 4:00-5:00 616/15 8121/15 GRACE TABERNACLE 7261 WICHITA ST ( BAPTIST CHURCH 1 76140 50 1 12:00-1:00 6/15/15 8121/15 ITB No. 15-0113,Summer Food Program Bid Opening Date: March 12,2015 Page 37 of 40 HARMONY MISSIONARY B 7510 JOHN T WHITE C RD 76120, 100 100 12.00-1:30 2.,30-3:30o 618115 8121115 HUGH SMITH REC 1815 NEW YORK AVE CENTER 76010 80 BD 11:30a-12:30 3:00-4:00 618115 8/21/15 LEGACY FELLOWSHIP 5320 NORMA ST CHURCH 76112 60 60 11:30a-1:30 3:00-4:00 618/15 6126115 MARTIN BOYS&GIRLS CLUB 3123 AVE G 76105 350 350 11:00a-1:00 2:30-3:30 6/8115 6114115 1600 CIRCLE PARK NICA CENTER BLVD 76164 50 12:00-1:30 6/8115 8/21/15 NORTH FORT WORTH 2000 ELLIS AVE BOYS&GIRLS 76106 300 300 11:30a-1:30 2:30-3:30 618/15 8/14/15 NORWOOD VILLAGE 507 SANDPIPER DR . APTS 76013 35 35 11:30a-1:30 3:00-4:00 6/8/15 8/21115 PANTHER BOYS&GIRLS 1500 HEMPHILL ST CLUB 76104• 200 300 11:00a-1: 3:00-4:00 6/8/15 8/14115 PILGRIM GALILEE 2601 PECOS AVE CHRISTIAN CHURCH 76119 80 12:00-POOP 6/8/15 8/21/15 PRINCE HALL APTS- 1701 E.ROBERT ST VALLEY COBB PARK 76104 80 80 11:30a-1:0 1:30-2:30 6/8115 8/21115 PROVIDENCE @ MARINE 4307 OLD DECATUR CREEK RD 76106 50 50 12:00-1:00P 2:30-3:OOP 618115 8121/15 PROVIDENCE @ PRAIRIE 2700 OAK MOOR OAKS 76010 40 - 40 12:00 2:OOP 4:00-5:OOP 6/8/15 8/21/15 REMYNSE STREET 2100 E.ARKANSAS LN TU&TH M-F FELLOWSHIP-MA 76014 - 40 40 11:00a-12:00 4:00-5:00 618115 8121/15 ROLLING MEADOWS 1227 DICKENS CT ( APTS-MA 76015 70 70 11:60a•12:30 2:30-3:30 618/15 8/21/15 SAWYERS MILL APTS- MA 501 FULLER 76011 150 150 12:00-2:00P 4:OD-STOOP 618/15 8121/15 100 E.THORNHILL DR SOUTH PLAZA APTS 76115 65 65 12:00-1:00P 3:00-3:30 6/8115 8/21/15 3721 LITTLE RD TCK/LITTLE EL 76016 75 3:00-4:OOP 618115 8/21/15 2201 HAVENWOOD TCK/BRYANT EL DR. 76018 90 3:00-4:00 6/8/15 8/2115 THE 6:8 GREENWAY 1812 PORTLAND ST PROJECT 76102 50 1 t 0a-12:45 6/8/15 8/21115 TIMES SQUARE ON THE 2100 SOUTHCREST HILL DR 76115 75 75 11:00a-1:00 3:00-4:OOP 6/8115 8/21115 408 N.FIELDER RD VILLAGE CONDOS--MA #135 76012 40 11:00a-12:00 6/8115 8/21/15 -WATAUGA RECREATION 7901 INDIAN SPRINGS CENTER RD 76148 95 95 11:30a-12:30 2:00-2:30 618115 7/24115 WATAUGA-FOSTER 5600 STARNS RD VILLAGE CENTER 76148 40 40 11:00a-12:00 2:00.2:30 618/15 7124/15 WOODLAND WEST APTS- 2513 LYNNWOOD DR MA 1 76013 40 40 1 12:00-12:30P 3:00-4:00p 6/8/15 7/31/15 C ITB No. 15-0113, Summer Food Program Bid Opening Date: March 12,2015 Page 38 of 40 C ATTACHMENT G SFSP MEAL PATTERN REQUIREMENTS BREAKFAST LUNCH OR SNACK SUPPER (Choose tow of the four Milk Milk,fluid 1 cup(Bfl,Oz) 1 cup(S fl.oz) 1 cup(Sfl.oz) '/4 cup Vegetables and/or Fruits '/:cup %cup total Or Full-Strength vegetable or fruit juice or an equivalent quantity of any combination of vegetables(s),frult(s) /■, and ulce cup(4fl.Oz) �/4 cu 6 fl.oz Grains and Breads 1 slice 1 slice 1 slice Bread Or Cornbread,biscuits,rolls,muffins,etc Or 1 serving 1 serving 1 serving Cold Dry Cereal Or %cup %cup or 1 oz Cooked pasta or noodle product Or '/s cup '/a cup Cooked cereal or cereal grains or an equivalent '/i cup quantity of any combination of grainslbreads '/2 cup 1/2 cup cu ( Meat and Meat Alternates (Optional) Lean meat or poultry or fish or alternate protein 10z 2oz 1 oz product Or 1oz 2oz 1oz Cheese Or %large e Eggs g 89 1 large egg 112 large egg Or Cooked Dry Beans or peas 1/4 cup '/'CUP. %cup Or Peanut butter or soy nuts or tree nuts or other nut or 2 Tbsp 4 tbsp 2tbep. seed butter Or 7 oz=s0% Peanuts or soy nuts or tree nuts or seeds 1 oz Or 1 oz Yogurt,pialn or sweetened and flavored Or A oz or%. An equivalent quantity of any combination of the cup tl oz or 1 cup 4 oz or above meat/meat alternates cup l ITB No. 15-0113, Summer Food Program Bid Opening Date: March 12, 2015 Page 39 of 40 NO BID SHEET FOR INVITATION TO BID NO.15-0138 SUMMER FOOD PROGRAM Sheila Baker, Senior Buyer Purchasing Division Fax No. 817-392-8440 E-mail address: sheiia.baker(a,fortworthtexas.gov If your firm has chosen not to submit a bid for this procurement, please complete this form and submit to: City of Fort Worth, Purchasing Division 1000 Throckmorton Street Fort Worth,Texas 76102 {or fax to above address} Please chec the items that apply: aDo not se the item(s) required_ Cannot be co petitive. l Cannot meet the pecifications highlighted in the attached Bid. aCannot provide Ins ance required. F] Cannot provide Bondin required. Cannot comply with Inde Iflcation requirements. Job too large. Job too small. Do not wish to do business with t City. Other reason. Company Name: Authorized Officer or Agent Signature: Telephone: ( _} FAX Number: (,} ITB No. 15-0113, Summer Food Program Bid Opening Date: March 12, 2015 Page 40 of 40 Exhibit B CITY OF FORT WORTH,TEXAS STANDARD PURCHASING TERMS AND CONDITIONS- 1.0 DEFINITION OF BUYER The City of Fort Worth, its officers, .agents, servants, authorized employees, vendors and subvendors who act on behalf of various City departments, bodies or agencies. 2.0 DEFINITION OF SELLER The consultant, contractor, supplier, vendor or other provider of goods and/or services, Its officers, agents, servants, employees, vendors and subvendors who act on behalf of the entity under a contract with the City of Fort Worth. 3.0 PUBLIC INFORMATION Any information submitted to the City of Fort Worth(the"City") may be requested by a member of the public under the Texas Public Information Act, See Tex. Gov'T CODE ANN. §§ 552.002, 552.128(c) (West Supp. 2006). If the City receives a request for a Seller's proprietary information, the Seller listed in the request will be notified and given an opportunity to make arguments to the Texas Attorney General's Office (the "AG") regarding reasons the Seller believes that its information may not lawfully be released. If Seller does not make arguments or the AG rejects the arguments Seller makes, Seller's information will be released without penalty to the City. 4.0 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS No officer or employee of Buyer shall have a financial interest, direct or indirect, in any contract with Buyer or be financially interested, directly or indirectly, In the sale to Buyer of any land, materials, supplies or services, except on behalf of Buyer as an officer or employee. Any willful { violation of this section shallconstitute malfeasance In office, and any officer or employee found guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge, expressed or implied, of the person or corporation contracting with the City Council shall render the contract Invalid by the City Manager or the City Council. (Chapter XXVII, Section 16, City of Fort Worth Charter) 5.0 ORDERS 5.1 No employees of the Buyer or Its officers, agents, servants, vendors or subvendors who act on behalf of various City departments, bodies or agencies are authorized to place orders for goods and/or services without providing approved contract numbers, purchase order.numbers, or release numbers issued by the Buyer. The only exceptions are Purchasing Card orders and emergencies pursuant to Texas Local Government Code Section 252.022(a)(1), (2), or (3). In the case of emergencies, the Buyer's Purchasing Divisior will place such orders. 5.2 Acceptance -of an order and delivery on the part of the Seller without an approved contract number, purchase order number, or release number issued by the Buyer may result in rejection of delivery, return of goods at the Seller's cost and/or non-payment. 6.0 SELLER TO PACKAGE GOODS Seller will package goods in accordance with good commercial practice. Each shipping container, shall be clearly and permanently marked as follows: (a)Seller's name and address: (b) Consignee's name, address and.purchase order or purchase change,order number; (c) Container number and total number of containers, e.g., box 1 of 4 boxes; and (d) Number of the container bearing the packing slip. Seller shall bear the cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and. to conform to requirements of common carriers and any applicable-specifications. Buyer's count or weight shall f, be final and conclusive on shipments not accompanied by packing lists ITB No. 15-0113, Summer Food Program Bid Opening Date: March 12, 2015 OFFICIAL RECORD Page 22 of 40 CITY SECRETARY FT.WORTH,TX i 7.0 SHIPMENT UNDER RESERVATION PROHIBITED . Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will operate as a tender of goods. 8.0 TITLE AND RISK OF LOSS The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery after inspection and acceptance of the goods. 9.0 DELIVERY TERMS AND TRANSPORTATION CHARGES- Freight terms shall be F.O.B. [destination, Freight Prepaid and Allowed, unless delivery terms are specified otherwise in Seller's bid. Buyer agrees to reimburse Seller for transportation costs in the amount specified-in Seller's bid or actual costs, whichever is lowet, if the quoted delivery terms do not include transportation costs; provided, Buyer shall have the right to designate what method of transportation shall be used to ship the goods. 10.0 PLACE OF DELIVERY The place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase change order, or release order. 11.0 RIGHT OF INSPECTION Buyer shall have the right to inspect the goods upon delivery before accepting them. Seller shall be responsible for all charges for the return to Seller of any goods rejected as being nonconforming under the specifications. 12.0 INVOICES 12.1 Seller shall submit separate invoices in duplicate, on each purchase order or purchase change order after each delivery. Invoices shall indicate the purchase order or purchase change order number. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, should be attached to the invoice. Seller shall mail or deliver invoices to Buyer's Department and address as set forth in the block of the purchase order, purchase change order or release order entitled "Ship to." Payment shall not be made until the above instruments have been submitted after delivery and acceptance of the goods and/or services. 12.2 Seller shall not include Federal Excise, State or City Sales Tax in its invoices. The Buyer shall furnish a tax exemption certificate upon Seller's request. 13.0 PRICE WARRANTY 13.1 The price to be paid by Buyer shall be that contained in Seller's bid which'Seller warrants to be no higher than Seller's current prices on orders by others for products and services of,the kind and specification covered by this agreement for similar quantities under like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall.be reduced to the prices contained in Seller's bid, or in the alternative upon Buyer's option, Buyer shall have the right to cancel this contract without any liability to Seller for breach.or for Seller's actual expense. Such remedies are in addition to and not In Ileu of any other remedies which Buyer may have in law or equity. 13.2 Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage or contingent fee, excepting employees of an established commercial or selling agency that is maintained by Seller for the purpose of securing business. For breach or violation of this warranty, Buyer shall have the right, in addition to any other right or rights arising pursuant to said purchase(s), to cancel this contract without liability and to .deduct from the contract price such commission percentage, brokerage or contingent fee, or.otherwise to recover the full amount thereof. ITB No. 15-0113, Summer Food Program Bid Opening Date: March 12,2015 Page 23 of 40 14.0 PRODUCT WARRANTY Seller shall not limit or exclude any express or Implied warranties and any attempt to do so shall render this contract voidable at the option of Buyer. Seller warrants that the goods furnished will conform to Buyer's specifications, drawings and descriptions listed in the bid Invitation, and the sample(s) furnished by Seller, if any. In the event of"a conflict between Buyer's specifications, drawings, and descriptions, Buyer's specifications shall govern, 15.0 SAFETY WARRANTY Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act (OSHA) of 1970, as amended. in the event the product does not'donform to OSHA standards, Buyer may return the product for correction or replacement.at Seller's expense. In the event Seller fails to make appropriate correction within a reasonable time, any correction made by Buyer will be at Seller's expense_ Where no correction is or can be made,Seller shall refund all monies received for such goods within thirty (30) days after request is made by Buyer in writing and received by Seller. Notice is considered to have been received upon hand delivery, or otherwise in accordance with Section 29,0 of these terms and conditions. Failure to make such refund shall constitute breach and cause this contract to terminate immediately. 16.0 SOFTWARE LICENSE TO SELLER If this purchase is for the license of software products and/or services, and unless otherwise agreed, Seller hereby grants to Buyer, a perpetual, irrevocable, non-exclusive, nontransferable, royalty free license to use the software. This software is "proprietary' to Seller, and is licensed and provided to the Buyer for its sole use for purposes under this Agreement•and any attached work orders or invoices. The City may not use or share this software without permission of the Seller; however Buyer may make copies of the software expressly for backup purposes. 17.0 WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY Seller warrants that the goods or services do not Infringe upon or violate any United States patent, copyright, 'or trade secret. Seller will defend at Its expense any action against Buyer or Buyer as licensee to the extent that it Is based on a claim that goods used or services provided used within the scope of the license hereunder infringe upon a United States patent, copyright or trade secret, and Seller-will pay any and all costs and damages finally awarded against Buyer or Buyer as, licensee in such actions which Is attributable to such claim., Should the products or services become, or in Seller`s opinion be likely to become, the subject of any claim of infringement, Seller shall either: (a) procure for Buyer the right to continue to use the goods or-services; or (b) modify the goods or services to make them non-Infringing, provided that suchmodification does not materially adversely affect Buyer's authorized use; or (c) replace the goods or services with equally suitable, compatible, and functionally equivalent non-infringing goods or services at no additional cost to the Buyer; or (d) if none of the foregoing alternatives is reasonably available to Seller,terminate this agreement and refund to Buyer the payments actually made to Seller under this agreement." 18.0 OWNERSHIP OF WORK PRODUCT Seller agrees that any and all analyses, evaluations, reports, memoranda, letters, ideas, processes, methods, programs, and manuals that were developed; prepared, conceived, made or suggested by the Seller for the City pursuant to a Work Order,Including all such developments as are originated or conceived during the term of the Contract and that are completed or reduced.to writing thereafter(the "Work Product") and Seller acknowledges that such Work Product may be considered "work(s) made for hire" and will be and remain the exclusive property of the City. To the extent that the Work Product, under applicable law, may not be considered work(s) made for hire, Seller hereby agrees that this Agreement effectively transfers, grants, conveys, and assigns exclusively to Buyer, all rights, title and ownership interests, including copyright, which Seller may have in any Work Product or any tangible media embodying such Work Product, without the necessity of any further consideration, and Buyer shall be entitled to.obtain and hold in its own ITB No. 15-0113, Summer Food Program Bid Opening Date: March 12, 2015 Page 24 of 40 name, all Intellectual Property rights in and-to the Work Product. Seller for Itself and on behalf of its vendors hereby waives any property interest in such Work Product. 19.0 NETWORK ACCESS The City owns and operates a computing environment and network(collectively the"Network"). If Seller requires access, whether onsite or remote, to the City's network to provide services hereunder, and the Seller is required to utilize the Internet, Intranet, email, City database, or other network application,.Seller shall separately execute the City's Network Access Agreement prior to providing such services. A copy of the City's standard Network Access Agreement can be provided upon request. 20.0 CANCELLATION Buyer shall have the right to cancel this contract Immediately for default on all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof, including warranties of Seller. .Such right of cancellation is in addition to and not in lieu of any other remedies, which Buyer may have in law or equity. 21.0 TERMINATION The performance of work or purchase of goods under this order may be terminated in whole or in part by Buyer, with or without cause, at any time upon the delivery to Seller of a written"Notice of Termination" specifying the extent to which performance of work or the goods to,be purchased under the order is terminated and the date upon which such termination becomes effective. Such right of termination is In addition to and not in lieu of any other termination rights of Buyer as set forth herein. 22.0 ASSIGNMENT/DELEGATION No interest, obligation or.right of Seller, including the right to receive payment, under this contract shall be assigned.or delegated to another entity without the express written consent of Buyer. Any attempted assignment or delegation of Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. Prior to Buyer giving its consent, Seller agrees that Seller shall provide, at no additional cost to Buyer, all documents, as determined by Buyer, that are reasonable and necessary to verify Seller's legal status and transfer of rights, interests, or obligations to another entity, The documents that may be requested include, but are not limited to, Articles of Incorporation and related amendments, Certificate of Merger, IRS Form W-9 to verify tax Identification number, etc. Buyer reserves the right to withhold all payments to any entity other than Seiler, if Seller is not in compliance with this provision. . If Seller fails to provide necessary information in accordance with this section, Buyer shall not be liable for any penalties, fees or interest resulting therefrom. 23.0 'WAIVER No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration in writing and is signed by the aggrieved party. 24.0 NODIFICATIONS This contract can be modified or rescinded only by a written agreement signed by both parties. 25.0 THE AGREEMENT In the absence of an otherwise negotiated contract, or unless stated otherwise, the Agreement between Buyer and Seller shall consist of these Standard Terms and Conditions together with any applicable bid documents published by the Buyer and Seller's Response to such bid (the "contract documents"). This Agreement is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of trade shall be relevant to supplement or explain any term used in this Agreement. Acceptance of or acquiescence in a course of performance under this Agreement shall not be relevant to determine the meaning of this Agreement even though the accepting or acquiescing party has knowledge of ITB No. 15-0113, Summer Food Program Bid Opening Date: March 12, 2015 Page 25 of 40 the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code (UCC) is used in this Agreement, the definition contained In the UCC shall control. In the event of a conflict between the contract documents, the order of precedence shall be these Standard Terms and Conditions, the Buyer's published bid documents and the Seller's response. If Buyer and Seller have otherwise negotiated a contract, this Agreement shall not apply. 26.0 APPLICABLE LAW/VENUE This agreement shall be governed by the Uniform Commercial Code wherever the term "Uniform Commercial Code" or"UCC" is used. It shall be construed as meaning the Uniform Commercial Code as adopted and amended in the State of Texas. Both parties agree that venue for any litigation arising-from this contract shall be in Fort Worth, Tarrant County, Texas. This contract shall be governed, construed and enforced under the laws of the State of Texas. 27.0 INDEPENDENT VENDOR Seller shall operate hereunder as an independent vendor and not as an officer, agent, servant or employee of Buyer. Seller shall have exclusive control of, and the exclusive right to control, the details of its operations hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, vendors and sub- vendors. The doctrine of respondeat superior shall not apply as between Buyer and Seller, Its officers, agents, employees, vendors and subvendors. Nothing herein shall be construed as creating a partnership or joint enterprise between Buyer and Seller, its officers, agents, employees, vendors and subvendors. 28.0 INDEMNIFICATION 1 LIABILITY SELLER COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS, AND DEFEND BUYER, ITS OFFICERS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL SUITS OR CLAIMS FOR DAMAGES OR INJURIES, INCLUDING DEATH, TO ANY AND ALL PERSONS OR PROPERTY, WHETHER REAL OR ASSERTED, {_ ARISING OUT OF OR IN CONNECTION WITH ANY NEGLIGENT ACT, OMISSION, ANY ACT OR OMISSION TRIGGERING STRICT LIABILITY, THE VIOLATION OF ANY LAW OR REGULATION, OR INTENTIONAL CONDUCT ON THE PART OF THE SELLER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES OR SUBVENDORS, AND SELLER DOES HEREBY ASSUME ALL LIABILITY AND RESPONSIBILITY FOR INJURIES, CLAIMS OR SUITS FOR DAMAGES TO PERSONS OR PROPERTY, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, OCCURRING DURING OR ARISING OUT OF THE PEFORMANCE OF THIS CONTRACT AS A RESULT OF ANY NEGLIGENT ACT, .OMISSION OR INTENTIONAL CONDUCT ON THE PART OF THE SELLER, ITS OFFICERS, AGENTS,SERVANTS, EMPLOYEES OR SUBVENDORS. 29.0 SEVERABILITY In case any one or more of the provisions contained in this agreement shall for any reason, be held to be Invalid, illegal or unenforceable in any respect, such invalidity; illegality ' or unenforceability shall not affect any other provision of this agreement, which agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 30.0 FISCAL FUNDING LIMITATI.ON- In the event no funds or insufficient funds are appropriated and budgeted in any fiscal period for payments due under this contract, then Buyer will immediately notify Seller of such,occurrence and this contract shall be terminated on the last day of the fiscal period for which funds have been appropriated without penalty or expense to Buyer of any kind whdtsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. ITB No. 15-0193, Summer Food Program Bid Opening Date: March 12, 2015 Page 26 of 40 31.0 NOTICES TO PARTIES Notices addressed to Buyer pursuant to the provisions hereof shall be conclusively determined to have been delivered three (3) business days following the day such notice is deposited in the United States mail, in a sealed envelope with sufficient postage attached, addressed to Purchasing Manager, City of Forth Worth, Purchasing Division, 1000 Throckmorton Street, Fort Worth, Texas 76102. Notices to Seller shall be conclusively determined to have been delivered three (3) business days following the day such notice is deposited in the United'States mail, in a sealed envelope with sufficient postage attached, addressed to the address given by Seller in its . response to Buyer's invitation to bid; Or if sent via express courier or hand delivery, notice is considered received upon delivery. 32.0 NON-DISCRIMINATION This contract is made and entered into with reference specifically to Chapter 17, Article III, Division 3 ("Employment Practices"), of the City Code of the City of Fort Worth (1986), as amended, and Seller hereby covenants and agrees that Seller, its employees, officers, agents, vendors or subvendors, have fully complied with all provisions of same and that no employee, participant, applicant, vendor or subvendor has been discriminated against according to the terms of such Ordinance by Seller, its employees, officers, agents, vendor or subvendors herein. 33.0 IMMIGRATION NATIONALITY ACT The City of Fort Worth actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Seller shall verify the Identity and employment eligibility of all employees who perform work under this Agreement. Seller shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide Seller with copies of all 1-9 forms and supporting eligibility documentation for each employee' who performs work under this Agreement. Seller shall . establish appropriate procedures and controls so that no services will be performed by any worker who is not legally eligible to perform such services. Seller shall provide Buyer with a certification letter that it has complied with the verification requirements required by this Agreement. Seller shall indemnify Buyer from any penalties or liabilities due to violations of this provision. Buyer shall have the right to immediately terminate this Agreement for violations of this provision by Seller. 34.0 HEALTH,SAFETY,AND ENVIRONMENTAL REQUIREMENTS Services, products, materials, and supplies provided by the Seller must meet or exceed all applicable health, safety, and the environmental laws, requirements, and standards. In addition, Seiler agrees to obtain and pay, at its own expense, for all.licenses, permits, certificates, and inspections necessary to provide the products or to perform the services hereunder. Seller shall indemnify Buyer from any penalties or liabilities due to violations of this provision. Buyer shall have the right to immediately terminate this Agreement for violations of this provision by Seller. 35,0 RIGHT TO AUDIT Seller agrees that the Buyer, or Buyer's authorized representative, shall, until the expiration of three (3) years after final payment under this contract, and at no additional cost to Buyer, have access to and the right to examine and copy any directly pertinent books, computer disks, digital files, documents, papers and records of the Seller Involving transactions relating to this contract, including any and all records maintained pursuant to Section 31 of this Agreement. Seller agrees that the Buyer shall have access, duping normal working hours, to all necessary Seller facilities, and shall be provided adequate. and appropriate workspace, in order to conduct audits in compliance with the provisions of this section. Buyer shall pay Seller for reasonable costs of any copying in accordance with the standards set forth In the Texas.Administrative Code. The Buyer' shall give Seller reasonable advance written notice of intended audits, but no less than ten (10) business days. ITB No. 15-0113, Summer Food Program Bid Opening Date: March 12, 2015 Page 27 of 40 36.0 DISABILITY in accordance with the provisions of the Americans With Disabilities.Act of 1990 (ADA), Seller warrants that it and any and all of its subvendors will not unlawfully discriminate on the basis of disability In the provision of services to general public, nor in the availability, terms and/or conditions of employment for applicants_for employment with, or employees of Seller or any of its subvendors. Seller warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold Buyer harmless against any claims or allegations asserted by third parties or subvendors against Buyer arising out of Seller's and/or Its subvendor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement 37.0 DISPUTE RESOLUTION If either Buyer or Seller has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement,the parties shall first attempt to resolve the matter through this dispute resolution process. The disputing party shall notify the tither party in writing as soon as practicable after discovering the claim, dispute,or breach. The notice shall state the nature of the dispute and list the party's speck reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection with this Agreement. If the parties fail to resolve the dispute within sixty (60) days of the date of receipt of the notice of the dispute, then the parties may submit the matter to non-binding mediation upon written consent of authorized representatives of both parties in accordance with the industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. If the parties cannot resolve the dispute through mediation,then either party shall have the right to exercise any and all remedies available under law regarding the dispute. Revised November 13, 2012 ITB No, 15-0113, Summer Food Program Bid Opening Gate: March 12, 2015 Page 28 of 40 p 70 n Q Q 0N 00 > ¢ v v conEi 7C3 � OL i 0 AUH o A £ r�n ¢ U C a v 0 N N LL (D 'y N Oy y O N CQ -� `� 00 b >' Cs 00 10 s y ou g a o 3 � r� �" = LL, o ff p C7 ° 3 L7 u� N ,3, bD No *i o " ani ¢ aNi r' u? aNi .o CL ° a: aa) ® %6 A3U ¢ A aGc°nw ` A � � co co v E E > a, N N > CdC O O 00 V 3 E O R X. oo C O > L u, I I r O Vl ul O u4 U ,`3 m m" El3 p 2 y di m .0 O 0 m c� m C7 0 cd 3 0 o c V Y U 1, m 7 *- "o M a� N O- p C O cd p >' .� WAmo M 0 A �3 Allan c"v c m ca J C N C 0. 'o VEaa ° ° o o m m -, o 00 "o 00 a� o 3 ; cq U oq x a, N a~i C Q 00 x b0 o N a� aTi U O ° E � L AA- ' aOQoo oa bv, �C O i m C > D. N N CN ' C ami O O C !�: U .2 00 cd 0. 7ig CD 0 Cd c w N` 30 0 °. Ucna � C7 � °�' C7Ucn U OL `) Cd V .0 ~ C U rl N .-moi n ,y W y O~ CL cd M Lo 3 AQ¢ E`' o AOdmE� o A c7t7 A3C7C7 304 ' O r Q Novo '3 R Ma R o b 00 .N �, f" cc1 y a) -0 w � N a, a> u? 1 3 C Y J a� 0 E H m LL Q Q LL Y L Q fn A k � ASO JF A A3 V U E� 0 liaiuXl PERFORMANCE Travelers Casualty and Surety Company of America BOND Hartford,CT 06183 (Miscellaneous,not Construction) Bond No i062tii186 KNOW ALL MEN BY THESE PRESENTS, That we RoWn Frl1a-LayS*%a as Principal, (hereinafter called 'Principal'), and Travelers Casualty gad Surety Company of America a Cesate*st corporation,as Surety, (hereinafter called'Surety'),are held and finely bound unto all of Fart warth , as Obligee, in the full and just sum Of NJMU One Thautand Nine Hundred and aal100--- Dollars ( 591900.00 )to be paid to the said Obligee or its successors or assigns for which payment,well and truly to be made,we bind ourselves, our heir,executors,administrators,successors and assigns,jointly and severally,finely by these presents. WHEREAS the Principal has entered, or is about to enter, into a written Agreement with the Obligee for tots Summer Food Prn,ram M No.L141131 as is more specifically set forth in said Agreement,to which reference is hereby made. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the Principal shall well and truly perform and carry out the covenants,terms,and conditions of said Agreement,then this obligation to be void;otherwise to remain in full force and effect. Signed this nate day of July 2015 Rolling Frito-Lay Sales,LF (Principal) By: Travelers Cann.* Surety of Amadea By: Kares Carr J�fliOf?1�f�t I POWER OF ATTORNEY TRAVELERS'T Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Sully Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Frce and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Aftorney'In Fact 1o, 228689 Certificate No. 006257914 KNOW ALL MEN BY THESE PRESENTS:That Farmington Casualty Company,St.Paul Fuc and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of die State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies'),and that the Companies do hereby make,constitute and appoint James W.Baughman,Karen Carr,and Alexander Dam of the City of Dallas .State ni_..___Tt¢xaa their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,tecogaizaacas,conditional undertaltings and other writings obligatory in the nature thereof on behalf of the Companies in their 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. INWIITNFSS WHEREOF,drc Corr tesshave caused this instrument to be signed and their corporate seals to he hereto affixed,this 5� February _ZGl of Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company FlIdelity and Gaarnaty Insurance Undarwrhm,Inc. Travelers Casualty and Surety Company of America St.Paul Foe and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company ;o +r,i •� lou n �•`T 1; £ tsa= o �a ���� 1 i!ia�2; asssoto �Oa fps � •et{ i8T7� 1�f „SE aLj: �SELL� cwt mawatmj State of Connecticut By: City of Hartford as. Robert L.Raney,,Ventor Vice President to tins We 5th day of February 2035 before me personally appeared Robert L.Raney,who ackworledged himself to be the Senior Vice President of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fun and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America.and United Sates Fidelity and Guaranty 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 duly authorized officer. p,Tffi ' In Witness Wbe eof,I hereunto set my hand and official sea,. TM My Commission expires the 30th day of June,2016. is AflllliG _Marie C.Teaeault,Notary Public 'IMEO'�r$ 58440.8.12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER rrwenuru.,ora rvnen err nr rvnne e w urreu_iu rn i raw, ,rte rev ravnven This Power of Attatoey is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full farce and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Via President,any Senior Vice President,any Vice President,any Second vim President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact 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 binds,recognizances,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 Via Chairman,any Executive Via President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees 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 nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon site Company when(a)signed by the President,any Vice Chairman.any Executive Vice President,any Senior Vice President or any Vice President,any Second Via President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal.if required)by one or more Attomcys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Compepy officers pursuant to a written delegation of authority;ands is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Via President,any Senior Via President,any Via President, any Assistant Via President,my Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the name thereof,and any such Power of Attomey or certificate bearing such facsimile signature or facsimile sal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile sal shall be valid and binding on the Company in the fugue with respect to any bond or understanding to which it is attached. 1,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty ant Surety Company,Travelers Casualty and Surety Company of America.and United Statex Fidelity and Guaranty Company do hereby certify that the above and foregoing is a One and coQatt copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. 13d .'7 t, IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the wais of said Companies this day of � 20 15 Kevin E.I6ighea,Atalanta Se Lary To verify the authenticity of this Power of Attorney,call 1-800.421-3880 or contact us at wwwmaveersborndcom.Please refer to the Amornsy-In-Face number,the above-named individuals and the deals of the bood to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 7/21/2015 M&C Review Official site of the City of Fort North,Texas CITY COUNCIL AGENDA r'uR�j COUNCIL ACTION: Approved on 5/19/2015 REFERENCE ** 13P15-0113 SUMMER FOOD DATE: 5/19/2015 NO : P-11753 LOG NAME: PROGRAM-SB CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Non- Exclusive Purchase Agreement with Rolling Frito-Lay Sales, LP and The Paper Plate, Incorporated d/b/a The Paper Plate, Inc., in the Amount Up to $950,000.00 for the First Year from Grant Funds for the Parks and Community Services Department Summer Food Service Program (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize a Non-Exclusive Purchase Agreement with Rolling Frito- Lay Sales, LP and The Paper Plate, Incorporated d/b/a The Paper Plate, Inc., in the amount up to $950,000.00 for the first year from Grant Funds to provide lunch and snack meals for the Parks and Community Services Department Summer Food Service Program. DISCUSSION: The Parks and Community Services Department (PACS) will use this Agreement to provide meals for children enrolled in the community summer programs held at various community centers, non-profit organizations and churches. PACS anticipates 350,000 meals and snacks will be distributed through this program to participants this summer. The Summer Food Service Program (SFSP) is funded by a federal grant that is awarded by the Texas Department of Agriculture. This grant program will not require matching funds. It is recommended that multiple Agreements be awarded to ensure the summer food program participants are provided meals in a timely manner. Under these Non-Exclusive Purchase Agreements, the City will request meals to be delivered according to vendor proximity to the center locations. On May 5, 2015, (M&C G-18464) the City Council authorized a grant application to the Texas Department of Agriculture for the SFSP. The SFSP provides nutritious meals to youths 18 years and younger, prepared and delivered by a private vendor. The Invitation to Bid consisted of detailed specifications describing the meals and services to be provided by the successful contractor. All meals furnished must meet or exceed the United States Department of Agriculture requirements. Program funding is allotted and awarded prior to actual enrollment. Last year, the amount of$622,311.45 was spent on this program. BID ADVERTISEMENT - The first bid for this program was advertised in the Fort Worth Star-Telegram on February 17, 2015, February 24, 2015, March 3, 2015, March 10, 2015, March 17, 2015 and March 24, 2015. Ninety-seven vendors were solicited from the purchasing system database; two responsive bids were received along with one non-responsive bid. A second bid was advertised in the Fort Worth Star-Telegram for additional vendors on April 14, 2015, April 21, 2015 and April 28, 2015. Ninety-seven vendors were solicited from the purchasing system database; one responsive bid was received. The Purchasing Division has received one to two bids per year for this service in the last six years. BID TABULATION - See Attached Bid Tabulation. PRICE ANALYSIS - The unit prices for the three food components from previous Agreements and pricing http://apps.cfWnet.orgicounci I_packet/m c_review.asp?I D=21036&counciIdate=5/19/2015 112 7/21/2015 M&C Review reflects a 40 percent increase from previous Agreements awarded in May 2014 (M&C P-11652). PACS certifies that both Rolling Frito-Lay Sales, LP and The Paper Plate, Inc., meets specifications. Overall, the per-meal prices recommended for award are considered fair and reasonable. ADMINISTRATIVE CHANGER ORDER - 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. M/WBE OFFICE - A waiver of the goals for MBE/SBE subcontracting requirements was requested by the Purchasing 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. RENEWAL OPTIONS - 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. This program serves ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The approval of this action provides purchasing authority up to $950,000.00 as specified. The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Grant Fund and that prior to an expenditure being made, the Parks and Community Services Department has the responsibility to validate the availability of the 2015 Summer Food Services Program Grants Fund. BQN\15-0113\SB TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Aaron Bovos (8517) Additional Information Contact: Jack Dale (8357) Sheila Baker (8356) ATTACHMENTS B I D TAB 15-0113 .pdf BID TAB 15-0203 ADDITIONAL VENDORS.pdf Waiver 15-0113.pdf http://apps.cfwnet,org/council_packet/mc_review.asp?ID=21036&counciIdate=5/19/2015 2/2