HomeMy WebLinkAboutContract 46990 CITY SECRETARY
aNTRACT NO.
PO NO:
PURCHASE AGREEMENT
ROLLING FRITO-LAY SALES, LP
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, 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 15-0138
3. Exhibit B - City's Standard Purchasing Terms and Conditions
4. Exhibit C — Proposed Snack and Supper 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. 15-0138 and City's Standard Purchasing Terms and Conditions,
attached hereto, shall control. Parties agree that VENDOR'S "2015-16 CHILD AND ADULT
CARE 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. 15-0138, 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. 15-0138. Upon mutual
agreement with City, this arrangement supersedes the provision set forth in Section 22.0
("Assignment/Delegation") in the Bid Contract, Exhibit "B." All other terms and conditions and
other requirements contained in ITB No. 15-0138 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 the City's After School
Snack and Supper 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 15-0138, more specifically Scope of Work describing the services
to be provided hereunder.
OFFICIAL RECORD
Purchase Agreement, Rolling Frito-Lay Sales, LP Page 1 of 2 a, „ ,, E,u,,
PO NO:
The undersigned below represent and warrant that he/she has the power and authority to
execute this Agreement, binding the respective parties, and that the execution and performance
of this Agreement.
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 :>"���,')�k,,M 20
CITY OF FORT WORTH: ROLLING FRITO-LAY SALES, LP
�
gy. � ��� �.. ..W_, �.��..m�. �n�. By,
Susan Alanis Matt Smith
Assistant City Manager Director
Date: . , r Date:
RT
ATTEST: -_ '°ag °"��
% �
tl r:
Mary Kayser
City Secretary
APPROVED AS TO FORM AND LEGALITY:
y/ f'
Guillermo Samuel Trevino
Assistant City Attorney
Contract Authorization: M&C P_ h
.I e 2-o 1.
Purchase Agreement, Rolling Frito-Lay Sales, LP Page 2 of 2
Exhibit A
Page 1 of 1
-
BID SOLICITATION
Printed:0211812015
� l
'�j BUYER:Sheila Baker
/" PHONEM (817)392-8356
DELIVERY REQUIRED:3112/2015
Vendor Name.,Rn��1 N� R STD.` City of Ft Worth
Address:2901 6�;q t5 ydaaf- 4200 South Freeway,Suite 2200
'Q FORT WORTH TX 76115-1499
rL
City,State Zip Code: AA10 T*;t--S 9S�
Item Class-Item Quantity Unit Unit Price Total
2.000 The City of Fort Worth Is accepting Bids for an annual agreement far the
After School Snack and Supper Program for the Parks and Community
Service Department.The term of the agreement shall be for one,one-year
period 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,
1.000 SNACK 150000 EA �.17r
3.000 SUPPER MEAL 70000 EAa.y �/�/
4.000 CONTRACTOR SHALL INCLUDE IN THE BID PACKAGE BID BOND
AND/OR CASHIER CHECK IN THE AMOUNT OF FIVE(5)PERCENT
FOR BIDS OVER$100,000.
NOTE:BID BOND AND/OR CASHIER CHECK WILL NOT BE
ACCEPTED AFTER THE BID 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: 00[7
WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOTED AT THE PRICES SHOWN.QUOTE MUST BE HELD FIRM FOR PERIOD OF 60 DAYS.
WE AGREE TO FURNISH ANY OR ALL OF THE ITEMS QUOTED AT THE PRICES SHOWN.QUOTE
MUST BE HELD FIRM FOR PERIOD OF 60 DAYS,
TERM OF PAYMENT: /VAT" 3& BAYS COMPANY:
DELIVERY: Mtn 0//i.c VIVI SIGNATURE: 4 ILL
7 d1L
EPHONE NUMBER: NAME AND TITLE: Mf}7'rlfth/SM IT
food for
l/^ 04 5-4 - "'HIL-D.... - . .. C ARE.-FOOD-P -" - . fresh thinking by PepsiCo
Th+&GHILD Air D A LT_GARE--F-E3OD-,.P4OGRAM-AGREE-ME,, JT�the--'!Agreement")_ .-etude-ara-d-yenter into
as--et--August 04;--24-0;by aid-betwe-en-Rol4ng-_Fr-ite-Eat el _(I Frito Lay!!)i with a place-of-business-at 7701
Legacy-Drive.;-P-ian-G;--Te as-7'-S02-4;-and T-ho-Gity_ef Feet-W or44- �Sponser");--with a.piaee.ot business-at 4200
South--Fro -&uite-2--20-0-.Fort-W -ef-th Texas-76110-. ,
Frito Lay-reserves-the-right te-request-non-profit tax-ID--numbers-. Sponsor-a4se-reserves-the-r-ight-le4eque-st
applie-able..t .0-numbers
This- ee�me+it the-prevision of-unit' meats#or..After-Schooi--Supper ack sites d '
around-Fort-Worth,..Te e-as-part of-Spenser a After.Soheoi Snack-and Supper-program trer-s the-perlod
August 2-17 2,045toSeptember-t;2016:
Fr tte pion,,od-to-bid-thisw-program-and-betievesathat-tbe—�impUdty.ef dea4ng ith one.vender fer..beth-after
se.heed...suppe-r and-snack deiivverles vsiit preyi de.-signitieant-bene.fits...t-a the sponsor,--bona from.--a...t+nanciat and
adrnlnistr ' arspeo' .
The--pr+cing-ine-4uded4n_this-bid reffdeeots our Biro to partner-with nsorto serve ohiidron-through the sohooi year:
Frito-L-ayF's.bid-pricing-is-$2:40 per-Suppor-and-$�TO-per-Snack.
Frite-L-ay_.has-innctuded--a--proposed-menu--in Atteehrnent-A-that was designed-to_r-r+axi-m -nutrition- ncf-child-appeai
while-rninim zing_.wfaste The-4T+e-nu-inoNades:
a An.1-0-dayrot-ation-t turing..a..variety-ef--kids'.tavorite- andwichw wwr ps and-fruit-and vogetable,-optiens
fro om our-previous-experienc-e
Fresb-4ruit.,or vegetables-ar-ew.included every-day-An ntho-Cupper-menu
a Ailm-san"o4,breads-aro...wwhole grain
0 No..perk-Is-inoluded-to.-mini,mize-�dietar-y,restrictions.and.ali cheese.is_reduced-fat-and reduoodeedi
AtW-hments
Attached hereto-and-incorporated-horein-is.-tbe4n-vitationfor Bid and--Contract-(thee--fold-Gent-rant'-j-wwhicb--has
been-.mutua44y-executed-bythe-partiesr-and-sets-forth-provisions-regarding-Frito-_L-ay's servioe-of--meats-tor
Sponsor's After School-Snaek and Supper-program, 4nthe-event-et-a--oan ict between.a term-set-forthIn-the
Bid-Gentraot.and.-a..term set—forth-4—this—Covw--P ago..or Attaohment.A, Bi-or.C,the.term, set-forth-[n this.Cover
Page or--Attachment..A,..-B.,...or C shall eentrel:
Atta..hed hereto—and-incorporated heroin as-Attaehment.A-4s-. repo pper.ancl-Bnaok.- "ry
Gyrele)...that-doseribes the-v-ar4ous..rrrea4s-that.-Farite..Lay.-wwidi.doiiver,a4though-M&.a= w wwaedged-and.agreed by
the-par-tiees--that n Ouations,-may-dictata&Hgbt deviation-from such-Menu and will be approved first--by
Sponsor,
Attached--h .herein-as. oh -B-are-Addit' ich.set h--a ' ' n
provisions-.rogarding.F�i .y's-.n�.oal..dodi�r .and'tarioing;
Attached-hereto-and-inoo ,aced-her-o4n--ao-Attachment-G_ara-Special..,Sorwrtoo&-and._E--nharioorr-ecnts-;-which--sets
forth-additional-services-and-enhane-erraents-regarding Frito Lag's--mead service:
Ali ether torms--set.fortb-in.:the-.B' rant-remain-in4u44 .and-affect:
Of,fered-..By...Aut-hori zed....Frito...L-ay....FtepreseMative
Matthew 4th Gireotor Food for-Good, Frite-lay
(Signature-and-Date)
Accept y-Authodzed dperieor FtWesentative
(Signatur-e- Gate
Attachment-B
Additional-Bict Terms
BIdPrIc4!M
® $2,45-per-After-Sohoot Supper
® $:-75-per-Snack
AddMonat-13ki-Terms
® Fr-R,&-.L-ay!,s--Sid-Pl ric4rig4s based an-ttie-'AveregL-..Daily--Meat"eedeT --2,5"upper�s--prGvided
by-SponsoF-du Nng-the-pfe-bid-m.eeting 4f-.the--average-daffy-mea"tled4s des-s-than-the Average
Daily-Mealewe eded-i-a-enia-finie-adjustmefR-te.-th-e-unit pfioes-,,will,-be-made-, Spec-rear-agrees-to
honor Ihe4JSDNsJunit-price-adjustments"-as-detaffed-belGw-.,
AdImt-ments
K.-the-ever-age.-daily mealsHL-d4s-4ess-than-the-everage-dagy-4-neals-.neededj a see-tirnadjustment"e Unit-price
will-be mad"aJollem.
AverageMally Meals Riffed multiply Wit cost'-'
Average-Daily-Meals-Needed by-this-Amount
7.4...---M
64 7W 446
6_1_6wa "-G
60-1/6-or Belew 4 M
Example-4f the average dally-meals-billed—, by-the!average da#y-meals-rteeded!=....82
eosf!by-L.�:
The contFacter-will Jrwoise-4-h"- ponsof-at-4he 1.,00-1/o,-unit-c-Gst-indic-atedabove bi-weekly,To-deter-mine-ifan-addifio"
east-per-meat-is-due-the venderjeoniplete the-fellowii-ig--ealculatiom Divide the-totat numberof meafs4fled by type
OunchT-bfeakfast of s4plement)-fof.the-total-length of-the-program-by-thetetal number-of days-the--pregfam..was
opefated-.-Afi,,/-add&nal-charges--reeulting.-fraFn.-Ibi,—.higher'!adjLj&tment'!.wflI be-reflected ifl-the-final-statementfrGm
the-vendor,
Note,-Th-e--anit-e-est-per-.meaVmay-not-exceed4ho-maximum-opefational--reimbufsernent-for-each--rnea"ype-as,stated
in Part 7-C-FR-22"Uffie4ederal regulations:
4, obtained-from-Golumns-(3-).and--(6}i--Sehedule--A-i-by-divid!W:gtatnteals-for-eaeWspec,[fic-mea4--type by-the
greatest-number of o Fated-by-a-site-in-Col um n-(3);
2, OWei-ned--from--S-ehedule-A-lay-totaRng-Golumn-(6)for eaeh--&peoWe-mea4 type.
3. Ufl4t-eest-speeiffed-is-4h.ateest-ba-sed-eFi-4009/a-Average-Meals--Neaded-Pw--Day-.
.`
'
( m
m
w
provi,de..4ts-detalfed-proces,s-,des!ignr,pr,o,pfiet-ary-,teo,hnotogy-,-and-will-supervise-all aspects-of meal
Spenser-;thj&ar-rangement-re�ces-#ie..provisions.-set-foilh,--iR-Sec.tkm.22-.0-f�Assignme-nt--/
*
of-whatever Sponsorls
events; pfen-ii'.sesTem-pleyeesi-volunteer-s-,-agentsi-fepreser+tative�&,--of-c-on-t-racter-s-.,
=
P,r-ogr-am-.aM-i.-up,on-F-flto-.L,ay-ancl-Sponsorapprov", -all-be-renewed-at that-time-for-an
agreement with-terms-and-provisions-consistent v,.4ththe-pr"s!Gas.-set-fGrtl.i.-in-tbi&-Agreem-ent-as
( `
'
(-
Arttazwhment-C
SpeGlatSewige"nd-Enhapoemonts
* [R-addition-to
dedieated-"Nefytf . fuck. and..-ctriver-s--at--no-,additioffa[-c-est-to-Speriser-as-pafW-it-s-bid
submISSiGn..
• Frit-o-.Lay--vvil-e-m--pley--pFopfieta"ehnek)Wo-n%aintain food--safe-temperatufes-.for-the-dL+ratjo-n-of-ft--
daily-deflwy-window.
• Fril-ay M4-employ-o-propfietamp"�-paper-less-efder4.ng-and-de4ivefy.-martagemnent-syster thatenables
real time-.ikliver-y-tr-ac,kkig;-enhanced eustomerzervice-and strew m- Whed-odwinistration-for
-Sponsor
• C3ver-the-past-feww,yearsT,.Frito Lay has."ivefed-m.or-e-than-4-m- illion-meals toSurnmerFoed-Serwice
Program and--Child-and-Adult-Cafe Food..Pfogram--sponsors-inciuding--I-.4--r-nillie-n-,meals,in-2,01,4..,-,Aga
vendor fof-sponsors natiGnwidej Frito-Lay has di-splayed-unkK*-and-unmatc-hed-c-apabi4ty-te-bring
innovative-solutions--tG-detivu--meals-to--pr-eviousty- mn-reac4i,-d-ohildren,
• With--Spomer!&-appfeva.k,--FrkG-LEtfwill-featufe-&ponsGr-en-w.ww.-Pei3siGoFoodfGrGood-.com.--Sponsof
agfees,-to perm it-RitaI-ay--to uso--Spenseris--name-i--loges-and-tradema-r-ks-(as-p rovWed-to-Efite-L�"
Sponsor)on-F-r4t-a.-L-a-y-prov-ided-"ivery trucks-con-promotional mater4als-and--other-uses-that-are
approved-by e-developmen-t-a and
• At-na,adMGnal east4e-Spensefi-Frite-Lay w%pfevide.-ac-tMties-and-pfL7es-.t-o-agreed-t+peff-sites that
are interested Sites.may-.rereive-an-aGtivity-box-(rGooef--balli--c-Gne-&i-jufnp-rapeS-,-eto,,.--)and/or a-W-jze
box, (beach--balls-,-puzzles.,--SHn-ki*es-,--yo.•-y.o&, -EaGh-ef Frito-Lay's oekhnealsinoludea" "
the—,ftes-em..,aolteet.-fer--a-week4y.-pfize-raffle.---The-se cant-ributions ar-e-designed4"el-p sites-sustain
fun-and engag4xj-pFograms-throughout.the.�.year-:
• Fri-te.-L-ay,-wfff-be-leve+agiWWgh-quaRy,--wefl-k nown-br-anded-produc-ts-&uoh-as-Del-MGRte--an-d-Gaean
Spray T.-he-se.-produots.-have-un-p-aralleled-food-q-uafity-standards and-high-brand..-re cogn Rion-and
appeal; se.-gaftic4pafioa-in4he--aftefschooVpreffarR.:
FORTWOR's
ADDENDUM TO THE INVITATION TO BID
AFTER SCHOOL SNACK AND SUPPER PROGRAM
CITY OF FORT WORTH
PURCHASING DIVISION
ADDENDUM NO.1 DATE ISSUED:FEBRUARY 25,2015
INVITATION TO BID(ITB) NUMBER: 15-0138
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 terms and conditions remain unchanged.
8JA6K,DALE
PURCHASING MANAGER
rrrrrrrrrrr a r■a rrrrrsrrrrrrrrrrrrrrar urrrrrrrrrrrrr a rrrrr a rrrrrrrrr�
COMPANY NAME: a0 / 6, F12(7-P' 4dZ 62ZY'5
SIGNATURE:
NOTE: Company name and signature must be the same as on the bid documents.
FORT W U,
ADDENDUM TO THE INVITATION TO BID
AFTER SCHOOL SNACK AND SUPPER PROGRAM
CITY OF FORT WORTH
PURCHASING DIVISION
ADDENDUM NO. 2 DATE ISSUED: MARCH 16,2015
INVITATION TO BID (ITB) NUMBER: 16-0138
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
r r r w w w w r r r r w r r w w w w w w r w w w w w w w w r w w w r r r r r r r r r r w w r w r r
COMPANY NAME: 12 04. l/ll (-1v-I fI GC
SIGNATURE: c—
NOTE: Company name and signature must be the same as on the bid documents.
FORT WORTH,
ADDENDUM TO THE INVITATION TO BID
AFTER SCHOOL SNACK AND SUPPER PROGRAM
CITY OF FORT WORTH
PURCHASING DIVISION
ADDENDUM NO. 3 DATE ISSUED: March 23, 2015
INVITATION TO BID NUMBER (ITB): 15-0138
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 3.1.14
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
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. 15-0138
After School Snack and Supper Program
3.1.14 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 B,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.
3.1.15 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.
3.1.16 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.
3.1.17 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.
ITB 15-0138, After School Snack and Supper Program
Addendum No. 3, Page 2 of 2
t .
CITY OF FORT WORTH/PURCHASING DIVISION
INVITATION TO BID No. 16-0138
AFTER SCHOOL SNACK AND SUPPER PROGRAM
BiD CLOSING DATE:March 12, 2016,1:30 P.M.
For further information contact: Shelia Baker,Senior Buyer
FAX(817)392.8366 shella.baker,@fortworthtexas.gov
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 12,2016 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 foilowina 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 BEOFRE 1:30 P.M." 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 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.
I have read and agreed with the attached Terms and Conditions, Instruction to Bidders and the
Invitation to Bid requirements. Failure to complete the requested information below may result in
reiection of your bid. Principal Place of Business(Defined as at least having one permanent
active business office and employee located in Texas),
Company Name and Address: o pany's Autho 'zed Agent
W.14)6 RZITO-W SS Irs Signature:
990/ Name(Typed or Printed):mhf77f&w Srri7
PL.AA10 -ITYA.s T2 r,,,q Title(Typed or Printed:plmrA p FonGbo�
Federal ID Number(TIN.: 9-(--;?030 Social Security Number:
Telephone Number: 9 -33V 573o Fax Number: ---
Email address: /'I ri T
Date- C2 3 -,71S-' /,5
Cooperative Purchasing: Should other Governmental Entities decide to participate in this
contract,wouldyouu, the Vendor, agree that all terms,conditions,specifications,and pricing would
apply?
Yes No
If Y6-u, 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
Governmental Entitles 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
HOW TO REGISTER WITH THE CITY OF FORT WORTH
Visit www.fortworthtexas.gov
Click on Departments
Choose BecomeA Vendor
Review Terms&Conditions
=> Click IAccept These Terms to proceed
At next screen,click No,I Want to Register
Click Register
=> The first registration pop-up asks for your Federal,JD#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 Purchasin Bg_SO@fortworthtexas.gov. 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 registered!!You will receive an email with your registration
confirmation.
For any changes/edits to your vendor profile please email the vendor registration
administrator at PurchasinaBSO Qfortworthtexas.gov
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 hW://fortwodhtexas.goy/purchasing/,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 jack.date e.fortworthtexas:goy.
CITY OF FORT WORTH PURCHASING DIVISION
STRUCTIONS 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 riot 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 The following provisions are intended to ensure a fair and equitable review process .
so that there is no actual or potential situation where one bidder secures or
attempts to secure an unfair advantage over another bidder or creates a situation-
where there is an appearance of impropriety in contacts between the bidder, its
agent,contractor,or consultant and City officials.
2.3.1 After release of the Solicitation,no officer,employee,agent or
representative of the Bidder 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
renardina env matters pertaining to this Solicitation,except as herein
provided. .
2.3.2, Contacts by the Bidder with City staff when such contacts do not pertain to
a solicitation or bid are exempt from this provision. Examples include:
2.3.21 Private(non-business)contacts with the City staff by the bidder's
employees acting in their personal capacity;
2.3.2.2 Presentations and/or responses to inquiries initiated by City staff.
2.3.3 If a representative of the Bidder has a question about any potential contact
as described above,the Purchasing Manager will be notified in order to
make a determination as to whether any contact Is allowed In accordance*
.with the solicitation.
2.3.4 if a representative of any Bidder submitting a bid violates the
foregoing prohibition by contacting any of these parties.'such contact
may result in the Bidder being disaualified1rom the procurement
process:'
ITB No. 15-0138,After School Snack and Supper Program
Bid Opening Date,March 12,2015
Page 4 of 38
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 Solicitation 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 liable to pay taxes for which the
City has an exemption under any Contract.
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 I
days after the contract has been awarded.
4.7.1 To be an acceptable surety on the bond:
43.1.1 The name of the surety shall be included on the current
Department of the Treasury's Listing of Approved Sureties
(Department Circular 570);.or
�. •ITB No. 15-0138,After School Snack and Supper Program
Bid Opening Date:March 12,2015
Page 5 of 38
,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 receipt.
4.92 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-bylaw, 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 all unmarked sections
being deemed non-proprietary and available upon public request.
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 Payment:All payment terms shall be"Net 30 Days"unless 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.orglflnance.
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
5.2.3 Any other document included in the Solicitation requiring completion or
execution by the Bidder:
5.3 If a Minority and Women Business Enterprise(M/WBE)goal has been established
on the bid,the applicable documents must be submitted five(5)City business
days after the bid opening date,exclusive of the bid opening date. The Bidders
shall obtain a receipt from the appropriate department as evidence that the City
received the documentation.
.5.4 Addendum: 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.The Addendums 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,.
5,5 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.
(. rM No. 15-0138,After School Snack and Supper Program
Bid Opening Date:March 12,2015
Page 6 of 38
6.0 MODIFICATION-ORWITHDRAWAI_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.
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 who offers represents the"best
value"to the City, price and other factors considered.
8.2.1 The following criteria may be considered to determine the best value(see
section 252.043 of the Texas Local Government Code):
( 8.21.1 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 Total long-term cost to the City to acquire the bidder's goods or .
services.
822 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 acquisltion cost of the
prod uctfservices.
8.2.3 The City Council,when considering competitive sealed bids, may 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. Bidders interested in applying for local preference
consideration shall complete the attachment titled"CONSIDERATION OF
ITB No. 15-0138,After School Snack and Supper Program
Bid Opening Date:March 12,2015
Page 7 of 38
LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS"and return
It with their bid.
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;
8.4.10 Procure any item by other means;and/or
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 SUCCESSFUL BIDDER
9.1 Certificates of insurance:When insurance is required,the Bidder must provide
Certificates of Insurance in the amounts and for the coverage's 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 Bidder must provide the bonds, in the-amourits and on the
conditions required,within 14 calendar days after notification of award,or as
otherwise required by the Solicitation.
9.3 Minority and Women Business Enterprise(M/WBE)Documents: if an M/WBE
goal has been established for the bid,the applicable documents must be
submitted within five(5)City business days after the bid opening date,exclusive of
the bid opening date. 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
deys after the vendor knows, or should have known,of the facts relating to the
proposed action or award.
M No. 15-0138,After School Snack and Supper Program
Bid Opening Date:March 12,2015
Page 8 of 38
10.3 The Purchasing Manager, or designee, is authorized to resolve a protest
concerning a purchasing action through telephone discussions,mail,a-mall 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 recommended 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://fortworthtexas.gov/c itysecretaW!nfo/default.aspx?id=2914 on the
City's website.
Revised August 15,2013
( ITB No. 150138,After School Snack and Supper Program
Sid Opening Date:March-12,2015
Page 9 of 38
Texas Health and Human At Risk After School Snack and Supper 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 Code and Telephone No. Contact Person
Contract Dates
Commencement Expiration
Bid Bond Percentage Required(Sponsor shall insert appropriate percentage from(5%to 10%)
5%
Bid Opening
Bid Issue Date Bid Number Date Time
02/17/2015 15-0138 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 Per Estimated No. Totals
Meal of Meals
Snack...................................................•.................•........ $ ,7S' X 150,000 $ /arry0
SupperMeals..........................•...............•................•...... $ a•YS` X 70,000 $
Estimated Total $dd' 000
Prompt Payment Discount(To be Inserted by the bidder) / % for payment within to days
Performance Bond Percentage Required(State agency shall Insert appropriate percentage from(10%to 25 0/0)
10%
Bidder Information
Name Area Code and Telephone
No.
ROU- & FXi70'
-(.A SAG Cs' M- 3341-5
Address(Street,City State,ZIP Code)
7901 Oki Pl.R'\/o 7EXA45• �SDa
Signature n In Name(Print or Type)
c`W Stir/
Title Date
(kECI-OR .F2(TD-LAY Fao (AIL fie,
Acceptance
Sponsor Signature(In Ink) Date Contract Number
Sponsor Name.(Print or Type) Sponsor Title
MARIE FRANCIS HUMAN SERVICES COORDINATOR
ITB No. 15-0138,After School Snack and Supper Program
Bid Opening Date:March 12,2015
Page 10 of 38
1.0 SCOPE OF WORK
1.1 The Successful bidder(s), hereinafter, "Contractor"are expected to be farrilliar with
( Child Nutrition Program standards and all menu items must meet minimum
requirements for serving size. Contractors shall provide all necessary meals for after
snacks and supper for the City of Fort Worth(City)After School Snack and Supper
Program for the Parks and Community Services.Department(PACSD)annual.
agreement and subsequent renewal periods in strict accordance with the terms,
conditions,and,provisions of this solicitation.
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 notification to the
successful bidder(s).
1.1.2 United States Department of Agriculture(USDA)regulations 7 CFR Part
226,, entitled Child and Adult Nutrition Program are hereby incorporated by
reference.'
1.1.3 The successful bidder,hereinafter"Contractor,"agrees to deliver
snacks/juice and/or supper meals to locations set out in Schedule B,
attached hereto and made a part hereof,subject to the terms of this
solicitation.
1.1.4 All snacks/juice and/or supper meals furnished must meet or exceed USDA
requirements set out in Schedule C,attached hereto and made part hereof.
1.1.5 Contractor shall furnish snacks/juice and/or supper meals ordered by the
Program Coordinator during the period of August through May,during each
agreement term.
1:1.6 Program Coordinator will place orders with Contractor for snacks monthly
and for supper meals daily,for delivery to sites Identified on Schedule B.
1.1.7 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 at a price equal to or less than the price of the
item the substitution is replacing.
1.1.8 Bids are to be submitted on the menu cycle included as Schedule A,
attached hereto and made a part hereof. Portions shall be,at a minimum, '
the quantities specified by the USDA for the snack component as outlined
In Schedule C, attached hereto and made a part hereof.
1.1.9 The snack and supper meal menu must be on an 11 day cycle,and must
'adhere to USDA standards as outlined in Schedule C, Snack Child Care
Patterns for Children
1.2 PRE-BID CONFERENCE-a Pre-Bid Conference will be held at 9:00 AM,Wednesday,
February'26,2015, at the Parks and Community Services Department at 4200 S
Freeway, Suite 2200,Conference Room, Fort Worth,Texas,761.15.
i
M No. 15-0138,After School Snack and Supper Program
Bid Opening Date:March 12,2015
Page 11 of 38
1.2.1 Contractors 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 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 IN NOT MANDATORY
BUT IS STRONGLY ENCOURAGED.
2.0 REQUIRMENTS
2.0 Bid Bond: Contractor shall include in the bid package a Bid Bond and/or Cashier
Check in the amount of five (5) percent for bids over $100,000. Bid bond or
Cashier Check will not be accepted after bid opening.
2.1 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
Purchasing Division within ten (10) business notice of award but prior to the
effective date of the agreement.
3.0 SERVICES
3,1 Meals:Meals shall be unitized inclusive of milk or Juice to each location set out on.
the Site,Information list to serve children participating in the After School Snack
and Supper Program authorized by Section 13 of the National School_Lunch Act,
l and operated under Part 2225 of U.S. Department of Agriculture (USDA)
regulations.
3.1.1 Menu Cycle-the snack and supper meal menu must be on an 11 day cycle,
must adhere to USDA standards as outlined in Schedule C, Snack Child
Care Patterns for Children.
3,1.2 Hot meals must be maintained and delivered above 140 degrees
3.1.3 Cold meals and milk must be maintained and delivered at 40 degrees or
less.
3.1.4 Meals shall have separate packaging to insure proper distribution to
program participants(unitized meals). Meal item wrapper shall be designed
to minimize air.volume and air space as well as discoloration of meat
products. No paper bags•or individual plastic bags will be accepted.
3.1.5 Contractor shall provide One (1)"temp test meal"to be delivered daily with
each,site (s) order. These additional test meals are not reimbursable and
are to be provided by contractor at no additional charge,
3.1.6 Meals shall be prepared fresh within twenty-four(24)hours of delivery,
ITB No. 15-0138,After School Snack and Supper Program
Bid Opening Date:March 12,2015
Page 12 of 38
3.1.7 Utensils and Condiments (i.e. mustard, ketchup, mayonnaise, 'and salad
dressing) must be individual serving packages that are sealed by.the
manufacturer's authorized packing company. Condiments packaged
otherwise will-not be allowed.
3.1,8 Digital thermometers are required by each driver•and shall be calibrated
weekly,
3.1,9 Meals not meeting standards will not be accepted.
3.1,10 Alternate methods of delivery, care and storage of food products prior to
serving must be approved by Program Coordinator before use.
3.1.11 Wet•ice will not be accepted on supper or meal components. Wet ice Is
only accepted on juice and milk products.
3;1.12 Juice must be 100 % juice, shelf stable without refrigeration and II grain.
products shall contain a minimum of 14.75 grains of whole or enriched
grain.
3.1.13 The shelf life listed on the packaging of all products served shall be, at a
minimum,two(2) months from the date of delivery.
4.0 GENERAL CONDITIONS
4.1 Delivery Requirements:
( 4.11 The Contractor shall make delivery to each site in accordance with the order
placed by the Program Coordinator.
4.1.2 Meals are to be delivered, unloaded and placed in the designated area by the
contractor's personnel at each of the sites listed on Schedule B.-
4.1.3 PACs reserves the right to add or delete delivery sites and shall notify the
Contractor, by providing an amendment to Schedule B,of all sites which are
approved,cancelled or terminated subsequent to acceptance of this
agreement.
5.0 INVOICES
5.1, The Contractor shall submit itemized invoices to the PACs Program Office, located at
4200 S.Freeway, Suite 2200, Fort Worth,TX 76115,Attention:After School Snack&
Meals Programmer, after each delivery. Each invoice shall give a breakdown by site,
meals delivered and accepted in accordance with the specifications.
5.2 Invoice shall include item descriptions,unit prices,extended prices,delivery
ticket, and the City's blanket purchase reference number. Failure to provide
all required information on an invoice may delay payments.
6.0 INSURANCE REQUIREMENTS
6.1 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
ITB No. 15-0138,After School Snack and Supper Program
Bid Opening Date:March 12,2015
Page 13 of 3 8
Division, prior to the commencement of services, a certificate of insurance
documenting the following required insurance.
( 6.1.1 Failure to provide such information within five(5)calendar days may be
grounds for Agreement termination.
6.2 Policies shall have no exclusions by endorsements which nullify the required lines
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%.
6.2.1 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.
6.2.2 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:
premises/operations, 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.
6.2.3 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.
6.2.4 Environmental Impairment Liability(EIL)And/Or Pollution Liability
$2,000,000 per occurrence
$5,000,000 aggregate
6.2.5 The Contractor shall furnish the Purchasing Manager,with a certificate of
Insurance documenting the required insurance prior to the commencement
of services. '
ITB No. 15-0138,After School Snack and Supper Program
Bid Opening Date:March 12,2015
Page 14 of 38
6.2.6 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.
6.2.7 - Applicable policies shall also be endorsed to name the City of Fort Worth
as an additional Insured, as its interests may appear(ATIMA).
7.0 ADDITIONAL INSURANCE REQUIREMENTS
7.1 The City, its officers,employees and servants shall be endorsed as an
additional Insured on Contractor's insurance policies excepting employer's
liability insurance coverage under Contractor's workers'compensation
insurance policy.'
7.2 Certificates of insurance satisfactory to the City and Worker's Compensation
Affidavit must be received before Contractor can begin work. Failure to supply
and maintain such insurance shall be a breach of contract. Contractor shall
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.15-0138
1000 Throckmorton Street
Fort Worth,Texas 76102
7.3 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.
i
7.4 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.
7.5 Deductible limits,or self-funded retention limits,on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the City.
7.6 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.
7.7 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.
7.8 City shall not be responsible for the direct payment'of insurance premium costs
for Contractor's insurance.
7.9 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.
7.10 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.
IT13 No. 15-013 8,After School Snack and Supper Program
Hid Opening Date:March 12,2015
Page 15 of 38
7.11 "Contractor's liability'shall not be limited to the specified amounts of insurance
(- required herein.
8.0 RECORDKEEPING
8.1 The Contractor must prepare,at a minimum of three(3)copies of each delivery ticket:
one(1)for the site, one(1)for the contractor and one(1)for the administration office
representative.
8.1.1 Delivery tickets must be itemized to show the number of snacks/juice
and/or supper meals by each type delivered to each site,
8.1.2 An itemized ticket stating the expiration dates of each menu Item must be
included.
8.1.3 . Designees of the department at each site will check the delivery before
signing the delivery ticket.
8.2 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.
8.3 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 Department 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.
9.0 PRICING
Prices quoted will be used for bid analysis and award of an annual.agreement.Prices shall
be firm throughout the agreement term and shall Include all associated freight and delivery
costs.
10.0 DELIVERY TERMS
Delivery shall be F.O.B. Destination to designated participating sites on a monthly(Snacks)
and dally(Supper meals)basis as shown in'Schedule B. The actual location(s)will be
provided by Parks&Community Services each time an ordered Is placed. PALS will
provide delivery addresses,telephone number(s), and contact personnel Information.at the
time an order is placed. Earlier delivery may be required if the participating site(s).has an
inventory.shortage.
11.0 ESTIMATED QUANTITY
The quantities reflected on the bid sheet are merely estimates based on the best available
information. Payments to the Contractor will be based on actual quantity supplied and
accepted.The City of Fort Worth does not guarantee to purchase any specific amount or
quantity during the period of this agreement. Rather,the amount may vary depending upon
actual needs of the City.
�. I`XB No. 15-0138,After School Snack and Supper Program
Bid Opening Date:March 12,2015
Page 16 of 3 8
12.0 REMITTANCE ADDRESS: Contractor is required to provide"remit to"address below,
P.0.Box/Street Address: �� ey. Noaixl*-nlC,# 511,yeo sCnyices
City,State,zip code:5N ZFCAC y Q211F. s%/00 175.•I-J-010)
PI—ANO/ 'FxWS 9s'va�
13.0 CHANGE 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 the company or authorized official must sign the letter. Failure to do so-may
adversely impact future invoice payments.
14.0 UNIT PRICE ADJUSTMENT
14.1 The unit prices may be adjusted for increases or decreases in Cdntractor's cost
during the renewal period, but before the effective date of the renewal upon written
request from the vendor.
14.2 At the time the City exercises the first and second renewal options,the contractor
may request a rate adjustment in an amount not to exceed five(5%)percent of the
original contract rate price or subsequent renewal rate price.
14.3 The contractor must submit its request, in writing,at least 60 days before the
effective period.The Contractor shall provide written proof of cost increases with
price adjustment request.
( 14.4 If the City concludes that the rate increase being requested is exorbitant,-then 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.
16.0 BID AWARD CRITERIA
15.1 The bid will be awarded based on best value according to the following criteria:
Contract Cost 36%
Contractor financial capability to perform
the scope of work. 30%
Bidder's previous experience in
performing service similar in nature of
scope. 10%
Quality of Bidder's goods or service 10%
Extent to which the goods or services
meet the Cit '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%
ITB No. 15-0138,After School Snack and Supper Program
Bid Opening Date:March 12,2015
Page 17 of 3 8
15.2 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.
15.3 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.
15.4 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.
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 falls 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
services satisfactorily rendered, subject to offset and/or reimbursement for damages,
C 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 ysing 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 EXTEND/RENEW 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 mutually .
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 36 months.
TTB No. 15-013.8,After School Snack and Supper Program
Bid Opening Date:March 12,2015
Page 19 of 38
U.S. DEPARTMENT OF AGRICULTURE
Certification Regarding Debarment,Suspension,Ineligibility
and Voluntary Exclusion--Lower Tier Covered Transactions
Suspension, 7 CFR Part 3017;Section 3017.510, Participant's responsibilities, The
regulations were published as Part IV of the January 30, 1989, Federal Register(pages
4722-4733). Copies of the regulations may be obtained by contacting the Department of
Agriculture agency with which this transaction originated.
(1) The prospective lower tier participant certifies, by submission of this proposal,that
neither it nor its principals is presently disbarred,suspended, proposed for debarment,
declared ineligible,or voluntarily excluded from participation in this transaction by any
Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the
statements in this certification,such prospective participant shall attach an explanation
to this proposal.
I`OL�I AJ6 F(L(TO-L.A Y S41-t..S City'of Fort Worth After School Program
Contractor Name PR award Number or Project Name
)COd 0 Peg- 6D&D
Name(s)and Title(s)of Au horized Represdnt tive(s)
03 —gol
Signature Date
ITB No. 15-0138,After School Snack and Supper Program
Bid Opening Date:March 12,2015
Page 19 of 3 8
TEXAS CORPORATE FRANCHISE TAX CERTIFICATION
PURPOSE: By state law(Texas Business Corporation Act,Article 2.45), state agencies may not
contract with for profit corporations that are delinquent In making state franchise tax payments. The
C following certification provides a means for establishing whether a corporation is current in its state
franchise tax payments.
INSTRUCTIONS: The certification must be signed by the individual authorized on Form 2031,
Corporate Board of Director's Resolution,to sign the contract for the Corporation. (For USDA
funded contracts,sue form 4508, Certificate of Authority,to determine who must sign.)
The certification must be newly completed by all corporations and filed with each offer or contract
renewal package submitted.
Indicate the certification that applies to your corporation.
The corporation is a for profit corporation and certifies that it is not
delinquent In its franchise payments to the State of Texas
❑• B. The corporation is a not for profit corporation or is otherwise not
subject to payment of franchise taxes to the State of Texas.
The undersigned authorized representative of the corporation certifies by signature that the above
statements are true and correct and he understands making a false certification is a material breach
of contract and is grounds for contract cancellation.
NAMES OF CORPORATION(PLEASE TYPE OR PRINT) NAME OF CORPORATE REPRESENTATM
I�(KL1NG FR►�-L{i y �f#G��S f)r7i '{�c`l�/ SM/%ff
SIGNATURE DATE
TTTLE
Dl2c-'Git�R F2c70—Z—AY FOOT) POA
( M No. 15-0138,After School Snack and Supper Program
Bid Opening Date:March 12,2015
Page 20 of 38
AFTER SCHOOL FOOD SERVICES
SCHEDULE A
C Please indicate the number of cases required to furnish the estimated number of individual snacks.
ESTIMATED Minimum CASE(
QUANTITY MENU ITEM Serving #CASES COST TOTAL
Size
15,000 Cookies 1.5 oz /5-6) Ski*' (t"61W-1-
15,000 Chips 1.0 oz 3�
15,000 Cheese Its 1.5 oz
15,000 Graham Crackers 1.0 oz S�
15,000 Chips 1.0 oz
15,000 Cookies 1.5 oz �p
15,000 Goldfish 1.5 oz
15,000 Chips 1.0 oz 3S
10,000 Cookies 1.5 oz
15,000 Pretzel Sticks 1.0 oz
30,000 Apple Juice 6.0 oz,
30,000 Orange Juice 6.0 oz 9S-0
30,000 Grape Juice 6.0 oz 9�—o
30,000 Fruit Juice 6.0 oz Z CO
( 30,000 Cherry Juice 6.0 oz
7,000 Unitized Supper Meal SEE SCHD C �p
7,000 Unitized Supper Meal SEE SCHD C 3 ro
7,000 Unitized Supper Meal SEE SCHD C 3S'�
7,000 Unitized Supper Meal SEE SCHD C 3S^�
7,000 Unitized Supper Meal SEE SCHD C . 35-P
7,000 Unitized Supper Meal SEE SCHD C 3�
7,000 Unitized Supper Meal SEE SCHD C 3SP
7,000 Unitized Supper Meal SEE SCHD C �
7,000 Unitized Supper Meal SEE SCHD C 3 S P
7,000 Unitized Supper Meal SEE SCHD C �
35,000 White Milk 6.0 oz go C)
35,000 Chocolate Milk 6.0 oz 200
TOTAL30 �a
It is estimated that a total of 150,000 juice boxes will be required.Five(5)flavors of juice are
preferred; however, if fewer than five(5)flavors are available please adjust the number required for
each flavor to reflect the cumulative total of 150,000. Indicate what flavors are available.
( ITB No. 15-0138,After Schoot Snack and Supper Program
Bid Opening Date:March 12,2015
Page 21 of 3 8
AFTER SCHOOL FOOD SERVICES
SCHEDULE B
Delivery Sites
Andrew Doc Session Community Center Administration Offices
201 S Sylvania Ave 4200 S.Freeway, Ste. 2310
Fort Worth,TX,76111 Fort Worth,TX 76115
Como Community Center Northside Community Center
4900 Horne St 1801 Harrington St
Fort Worth;TX 76107 Fort Worth,TX 76164
Diamond Hill Community Center RD Evans Community Center
1701.NE 36th St 3242 Lackland Rd
Fort Worth,TX 76106 Fort Worth, TX 76116
Eugene McCray Community Center Riverside Community Center
4932 Wilbarger St, 3700 E Belknap
Fort Worth,TX 76112 Fort Worth,TX 76111
Fire Station Community Center. Worth Heights Community Center
1601 Lipscomb 3551 New York Ave
Fort Worth,TX 76104 Fort Worth, TX 76110
Greenbriar Community Center Southwest Community Center
5200 Hemphill St 6300 Welch Ave
Fort Worth,TX 76115 Fort Worth,TX 76133
Handley-Meadowbrook Community Center Sycamore Community Center
6200 Beaty 2525 E Rosedale
Fort worth,TX 76112 Fort Worth,TX- 76105
Highland Hills Community Center Thomas Place Community Center
1600 Glasgow Rd 4237 Lafayette
Fort Worth,TX 76134 Fort Worth, TX 76107
Hillside Community Center North Tri Ethnic Community Center
1201 E Maddox 2950 Roosevelt Ave
Fort Worth,TX 76104 Fort.Worth,TX 76106
MLK Community Center Dottie Lynn Recreation Center
5565 Truman 3200 Norwood Ln
Ft.Worth,TX 76112 Arlington,TX 76013
Hugh Smith Recreaion Center Fortress Ministries
1815 New York Ave 712 Stella St
Arlington,TX 76010 Ft.Worth,TX 76104
Southside Community Center Chisholm Trail Community Center
959 E. Rosedale St. 4680 McPhearson Rd St
Ft.Worth, TX 76104 Ft,Worth,TX 76123
( ITB No. 15-0138,After School Snack and Supper Program
Bid Opening Date:March 12,2015
-Page 22 of 38
'AFTER SCHOOL SNACK PROGRAM
USDA REQUIRED MEAL PATTERN .
(— SCHEDULE C
l The meal requirements for the Program are designed to provide nutritious and well-balanced
meats to each child.The following represents the minimum requirements for snacks served
In the program.
x '
Age3-5 Age 6-12°
Select Two of the Four Components
Milk Milk 16/o and Fat Free),fluid 1/2 cup(4 fl oz) 1 cup(8 fl oz)
Vegetables/Fruits2'3 Ve etable s and/or fruits or 112 cup 3/4 cup
Full strength vegetable or fruit juice 2,or 112 cup 3/4 cup
An equivalent quantity of any combination of
vegetable(s),fruits and juice 2
Grains/Breads4. Bread 4,or 1/2 slice 1 slice
Cornbread biscuits, rolls muffins.etc.4 or 112 serving 1 serving
Cold dry cereal 4 or 1/3 cup or 112.oz5 3/4 cup or 1 oz6
Cooked cereal 4 or 1/4 cup 1/2 cup
Cooked pasta or noodle products 4 or 1/4 cup 1/2 cup
Cooked cereal grains 4 or 1/4 cup 1/2 cup
An equivalent quantity of any combination of
Grains/Breads
�. Meat/Meat Lean meat or poultry or fish 8 or 1/2 oz 1 oz
Alternates e g'e'e
Alternate protein prodUCtS7, or 112 oz 1 oz
Cheese or 1/2 oz 1 oz
E (large), or 1/2 large egg 112 large egg
Cooked dry beans or peas,or 1/8 cup 1/4 cup
Peanut butter or soynut butter,or other nut or 1 Tbsp 2 Tbsp
seed butters or
Peanuts or soynuts or tree nuts or seeds 8'9, 1/2 oz=50%8 1 oz=50%e
or
Yogurt-plain or flavored, unsweetened or 2 oz or 1/4 cup 4 oz or 1/2 cup
sweetened, or
An equivalent quantity of any combination of
the above Meat/Meat Alternates
See notes next page
Each serving must contain a minimum of 14.75 grams of enriched or whole grain
meal or flour,bran,or germ.
�. ITB No. 150138,After School Snack and Supper Program
Bid Opening Date;March 12,2015
Page 23 of 38
•
71� a • •• Age 3-5 Age 6-12'
k2,3 Milk 1%and Fat Free fluid 2 3 3/4 cup(6 fi oz) 1.cup(8 fl oz)
/Fruits Vegetable(s)and/or fruits) 1/2 cup total 3/4 cup total
2 or more
Grains/Breads Bread , or 1/2 slice 1 slice
Cornbread, biscuits, rolls,muffins, etc.6 or 1/2 serving 1 serving
Cooked pasta or noodle products 5, or 114 cu 1/2 cu
Cooked cereal grains 5,or 1/4 cup 1/2 cup
An equivalent quantity of any combination
of Grains/Breads
Meatf Meat
Alternates Lean meat or poultry or fish 6,or 1 1/2 oz 2 oz
Alternate proteiri products7,or 1 1/2 oz 2 oz
-- Cheese or 1 1/2 oz 2 oz
E large),or 3/4 large egg 1 large egg
Cooked dry beans or peas, or 3/8 cup 112 cup
Peanut butter or soynut butter,or other nut or 3 Tipsp. 4 Tbsp
seed butters or
Peanuts or soynuts or tree nuts or seeds a.e, 3/4 oz=50%s 1 oz=50%e
or
Yogurt-plain or flavored, unsweetened or 6 oz or 314 cup 8 oz or 1 cup .
sweetened, or an equivalent quantity of any
combination the above Meat/Meat Alternates
Notes from previous page.
ITB No. 15-013 8,After School Snack and Supper Program
Bid Opening Data:March 12,2015.
Page 24 of 38
See your Food Buying Guide for more details.)Chart Revised by TDA F&N—Dec 2011
' Children ages 13 through 18 must be•served minimum or larger portion sizes specified in this-column for children
ages 6 through 12.
z Fruit or vegetable juice must be full-strength. You may serve an equivalent quantity of any combination of
vegetable(s)or fruit(s),and juice.
3 Juice may not be served when milk is the only other component.
4 Bread, pasta or noodle products,and cereal grains,must be whole-grain or enriched. Cornbread, biscuits, rolls,
muffins,etc.must be made with whole grain or enriched meal or flour. Cereal'must be whole-grain or enriched
or fortified.
s Either volume(cup)or weight(oz),whichever is less.
6 A serving consists of the edible portion of cooked lean meat or poultry or fish.
7 Alternate protein products must meet requirements in Appendix A of 7 CFR Part 226.
6 Nuts and seeds may meet only one-half of the total Meat/Meat Alternate serving and must be combined with
another Meat/Meat Alternate to fulfill the lunch or supper requirement. 1 ounce of nuts or seeds Is equal to 1
ounce of cooked lean meat, poultry,or fish.
Nuts and seeds are generally not recommended to be served to children ages 1-3 since they present a choking
hazard. If served, nuts and seeds should be finely minced.
Children ages 13 through 18 must be served minimum or larger portion sizes specified in this column for children
ages 6 through 12.
USDA requires children ages 2 and older be served low-fat(1%)or non-fat(skim)milk.Texas Department of
Family and Protective Services Child Care Licensing(TDFPS CCL)does not allow flavored(sweetened)milk,
except for special occasions.
USDA requires water be made available at all meals and upon request, but does not take the place of milk.TDFPS
CCL requires that water is always available to each child and is served at every snack, mealtime, and after active
play in a safe and sanitary manner.
Serve two or more kinds of vegetable(s)and/or fruit(s). Full-strength vegetable or fruit juice may be counted to
meet not more than one-half of this requirement.TDFPS CCL only allows juice to be served once daily in the
amounts of up to 4 ounces of juice for children ages 12 months through 5 years of age and 6 ounces for children
ages 6 years and older.
Bread, pasta or noodle products,and cereal grains, must be whole-grain or enriched.Cornbread,biscuits, rolls,
muffins,etc., must be made with whole grain or enriched meal or flour. Cereal must be whole-grain or enriched or
fortified.
A serving consists of the edible portion of cooked lean meat or poultry or fish.
Alternate protein products must meet requirements in Appendix A of 7 CFR Part 226.
Nuts and seeds may meet only one-half of the total Meat/Meat Alternate serving and must be combined with
another Meat/Meat Alternate to fulfill the lunch or supper requirement. 1 ounce of nuts or seeds is equal to 1 ounce
of cooked lean meat, poultry, or fish.
Nuts and seeds are generally not recommended to be served to children ages 1-3 since they present a choking
hazard. If served, nuts and seeds should be finely minced.
ITB No. 15-0138,After School Snack and Supper Program
Bid Opening Date:March 12,2015
Page 25 of 38
ATTACHMENT A
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 required 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:
ADL.LIAJ& t72)-LAk/ SAt&&r _
State your business address in the space provided below if you area Texas Resident
bidder:
'170( LE64 c Y 62(OF PLAA1014 ZYX4S 9502
State your business address in the space provided below if you are a Nonresident bidder:
*The State Purchasing and General Services Administration 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:
11101-las 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,and
200Has at least one employee who works in the Texas office
Form prepared by:
/11 A- sM t Zh( p t WC oR P-(L(TP-L-A 1--bo 0 )%R &&D
(Name) (Title)
Date:
ITB No. 15-0138,After School Snack and Supper Program
Bid Opening Date:March 12,2015
Page 33 of 38
ATTACHMENT'B
CONFLICT OF INTEREST DISCLOSURE REQUIREMENT
( 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,correspondence 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 form is also
available at httu:llwww.ethics.state.tx.usiformslCIQ.adf.
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.
• I
ITB No. 15-0138,After School Snack and Supper Program
Bid Opening Date:March 12,2015
Page 34 of 38
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 OFFICEUSSONLY
Government Code by person doing business with the governmental entity_ Date Received
By 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.
Name of person doing business with local governmental entlty.
2
Elcheck this box you are filing an update to a prevlouslyflied questionnaire.
(Tne law requires t t you file an updated completed questionnaire with the appropriate flung authority not later then
September f of they r for which an activity described in section 176.006(a),Local Government Code,Is pending and
not later than the 7th b siness day after the date the originally filed questionnaire becomes Incomplete or Inaccurate.)
3 Describe each affiliation or busine relationship with an employee oreontractorofthe local governmental entity who makes
recommendations to a local gover entoMear of the local governmental entity with respect to expenditure of money.
13escribe each affiliation or business relationship wit a person who is a local government officer and who appoints or
employs a local government officer of the local govern entai entity that Is the subject of this questionnaire.
- Amenaeaavtanaos
ITB No. 15-0138,After School Snack and Supper Program
Bid Opening Date:March 12,2015
Page 35 of 38
CONFLICT OF INTEREST QUESTIONNAIRE FORM C1Q
For vendor or other person doing business with local governmental entity Page 2
5 Name;of local government officer with whom flier has affliltation or business relationshlp.(Complete this section only if the
answertoA,B,or C Is YES.)
This section,Item s including subparts A, B, C& D; must be completed for each officer with whom the tiler has affiliation or
business relationship. Attach additional pages to this Form CIQ as necessary.
A. Is the local vemment officer named in this section receiving or Ilkely to receive taxable Income from the flier of the
questlonnatre
as E—] No
B. is the filer of the question Ire receiving or likely to receive taxable income from or at the direction of the local government
officer named in this sectio D the taxable Income Is not from the local governmental entity?
Yes No
C. is the filer of this questionnaire affillate with a corporation or other business entity that the local government officer serves
as an officer or director,or holds an o ership of 10 percent or more?
a Yes No
D. Describe each affiliation or business relatlonshi
- I
t3 Describe any other afflllation or business relationship that m ht cause a conflict of interest.
6)
Signature of person doing business with the governmental entity Date
Amended 01/13/2000
ITB No. 15-0138,After School Snack and Supper Program
Bid Opening Date:March 12,2015
Page 36 of 38
ATTACHMENT C
CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS
CSection 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. Questions 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:
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.
(26-LIA& PA-r7-p- t A-y S'Ac�s
(CZr:) (Date)
/�Ar `b✓ S�r.�f Ql2cG�0�
(Signature) (Printed Name and Title
C ITB No. 15-0138,After School Snack and Supper Program
Bid Opening Date:March 12,2015
Page 37 of 38
FXE
Sheila Baker,Senior Buyer
Purchasing Division
817-392.8386
Fax No.817-392-8440
E-mail address:sheila.bakerCa?fortworthtexas.-q
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 check the items that apply:
Do not s 11 the item(s)required.
Cannot be c mpetitive.
Cannot meet t Specifications highlighted in the attached Bid.
Cannot provide Irt urance required.
Cannot provide Bon g required.
Cannot comply with Inde nification requirements.
F] Job too large.
Job too small.
Do not wish to do business with t e City.
Other reason:
Company Name:
Authorized Officer or Agent Signature:
Email Address:
Telephone: ( ) FAX Number: (�
ITB No. 15-0138,After School Snack and Supper Program
C Bid Opening Date:March 12,.2015
Page 38 of 38
Exhibit B
CiTY OF FORT WORTH,TEXAS
STANDARD PURCHASING TERMS AND CONDITIONS
1-10 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. GOVT CODE ANN.
§§ 552.002, 552.128(c) (West Supp. 2005). If the City receives a request fora 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 shall constitute 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 Division 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 GOOD§
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. Seiler 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 be final and conclusive on shipments not
accompanied by packing lists.
( TTB No. 15-0138,After School Snack and Supper Program
Bid Opening Date:March 12,2015
Page 26 of38
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
lower, 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 lieu 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
ITB No. 15-0138,After School Snack and Supper Program
Bid Opening Date:March 12,2015
Page 27 of 38
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.
14.0 PRODUCT WARRANTY
Seller shall not limit or ekclude 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, Buyers 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 conform 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 such modification 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
ITB No. 15-0138,After School Snack and Supper Program
Bid Opening Date:March 12,2015
Page 28 of 38
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 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
t 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 shalt 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
Seller, 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 parry.
24.0 . MODIFICATIONS
This contract can be modified or rescinded only by a written agreement signed by both
parties.
25.0 THE AGREEMENT
ITB No. 15-0138,After School Snack and Supper Program
Bid Opening Date:March 12,2015
Page 29 of 3 8
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 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/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.
ITB No. 154138,After School Snack and Supper Program
Bid Opening Date:March 12,2015
Page 30 of 38
30.0 FISCAL FUNDING LIMITATION
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
whatsoever, except to the portions of annual-payments herein agreed upon for which funds
shall have been appropriated and budgeted or are otherwise available.
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 111,
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 ail 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, Seller 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
T1B No. 15-0138,After School Snack and Supper Program
Bid Opening Date;March 12,2015
Page 31 of 3 8
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, during 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.
35.0 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 other 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 specific
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(50)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 applicabl9 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. 15-0138,After School Snack and Supper Program
Bid Opening Date:March 12,2015
Page 32 of 38
Exhibit C
y � c) d d � cn o � d oo -1 a ca D
o
li
N CN
O P n CD CD cno
` f` °' j `� D • • • • • r.
(D p w pq IQ m w O T D
D_
a5 y C3 o 0 5 � o ID CL
I cD 0 " G7 CL nri n a m
N o ro ? � Sol D
K
(s < a o
ID cn o c
sv
NO �Ad 0 0Y„dd o. �- uQin� o6
CD CD :79
CD �31 CD CD Cal 0
w k W CD �e
N a
CD
C
D CD x O 0 0 C(D D
o by m W ID n 0
w 0 c o Q i
CD
rn °° W �' m � foil
o o rn rn
N N & m fv Q o Cn
0 (D 0
can cD to Q (D (D O
O Sll fll Q
9, C) C 7yW�oC rn o =`< CL p
0 (D ` ' O O 7S' (� N S W
C1. CL N 00 iE CD N N ' N •o ..d M N (D (D `< n C? O,
14 o CD 0
CxD `O'}. r� N 0 ' .�'• Q �' (D (D 7>< !n (D -0 (D 01
C) W C Loo = m W!d o �
CD ❑
CD c- to d om
Q 00 y a1
O 4 O O CD `C w (D (D N 3 O
N N rn T N Q G.
i cn
: X w (D W C
CD
(1 wW H d H Wn d O �� d 0 C (on o r«
(D D (D N
CD ' CD W (D a) Q
CD 0 4� N n tD
�' CD O `� Q Q
� @ C
c° b7 E n W (c z1 o (� s
0 ., w o a
o W c
CD
00 O° rn R W w
0 0 =r N N �i' (D (D
m :1 n
� d r. ny �, �y y d an r IoW > W n _�
w N O n O
H W
44 K
<
C (D
00 y _r
PL.N ' N CD � �' �i Q fll
MR. CD ' 3 3 O
W N O
QCL
0
(Jl y N (Jl cy. .y' _
o
DO w w '❑❑dam (D s
(D 3
a (<D
O
U -
LAM
7
0
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, September 01, 2015 REFERENCE NO.: **P-11780
LOG NAME: 13P15-0138 SNACK AND SUPPER PROGRAM SB
SUBJECT:
Authorize Purchase Agreement with Rolling Frito-Lay Sales, LP, to Provide Snacks and Meals for the
Parks and Community Services Department After School Snack and Supper Program in the Amount Up to
$284,000.00 for the First Year (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize a Purchase Agreement with Rolling Frito-Lay Sales, LP,
to provide snacks and meals for the Parks and Community Services Department After School Snack and
Supper Program in the amount up to $284,000.00 for the first year.
DISCUSSION:
The Parks and Community Services Department (PACS) will use this Agreement for the purpose of
providing snacks and meals for children age 18 and under who are participating in after school programs
located in low-income areas. The after school programs are designed to provide activities known to
reduce or prevent involvement in juvenile crimes.
On June 9, 2015, (M&C C-27324) the City Council authorized a grant application to the Texas Department
of Agriculture Child and Adult Care Food Program for At-Risk School Care Centers for the City's After
School Snack and Supper Programs.
The Invitation to Bid (ITB) consisted of detailed specifications for snacks and meals that meet the United
States Department of Agriculture (USDA) regulations 7 CFR Part 226, Child and Adult Nutrition
Program. 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 program
spent a total of$198,184.00.
BID ADVERTISEMENT - This bid was advertised in the Fort Worth Star-Telegram on February 18, 2015,
February 25, 2015, March 4, 2015, March 11, 2015, March 18, 2015 and March 25, 2015. Ninety-seven
vendors were solicited from the purchasing system database; one response was received. Staff
contacted other solicited vendors to ascertain the reasons for not submitting bids. The reasons cited
include the stringent specifications as required by the USDA regarding food preparation, packing
requirements and transportation and delivery timeframes to ensure food safety and quality. The
Purchasing Division has received one to two bids per year for this service in the last six years.
BID TABULATION - See below:
jbendor Items ,Quantity lUnit Price Total_
ERolling Frito -Lay Sales, LP ;Snack _ 150,000 $0.75 $112,500.00
Supper Meal 1 70,000 1$2.45 1$171,500.00
(Totals $284,000.00
Logname: 13P15-0138 SNACK AND SUPPER PROGRAM SB Page 1 of 2
PRICE ANALYSIS - Pricing units for the After School Snack and Supper Program services reflects a 10
percent increase from the previous Agreement awarded on February 11, 2014 (M&C P-11624). PACS
certifies that Rolling Frito-Lay Sales, LP, 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.
FISCAL INFORMATION /CERTIFICATION:
The approval of this action provides purchasing authority up to $284,000.00 as specified. The Financial
Management Services Director certifies that funds are available in the current operating budget in the
Grants Fund. Prior to an expenditure being made, the Parks and Community Services Department has
the responsibility to validate the availability of funds.
BQN\15-0138\SB
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Aaron Bovos (8517)
Sheila Baker (8356)
Additional Information Contact: Jack Dale (8357)
ATTACHMENTS
1. 15-0138 Waiver.pdf (CFW Internal)
2. EPLS ROLLING FRITO-LAY SALES LP 2015 2016.pdf (CFW Internal)
Logname: 13P15-0138 SNACK AND SUPPER PROGRAM SB Page 2 of 2