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Exhibit 1
Child Care Food. Program .(CCFP) Standard Catering Contract FFY 2011-2012 care program. ...building healthy habits for life Florida" Department of Health Bureau of Childcare Food Programs 4052 Bald Cypress Way, Bin #A-17 Tallahassee, Florida "32399-1727 Phone: 850.245.4323 Fax: 850.414.1622 Web site: www.doh.state.fLuslccfp/ FY 2011-2012 TABLE OF CONTENTS )verview• 4 1.01 Purpose: 44 1.02 Definitions: 1.03 Parties Encouraged to Seek Legal Counsel. 7 1.04 Monetary Threshold for Catering Contract: 7 1.05 'The Department's Role in Contract Administration: • ..... ....8 1.06 Approved Competitive Contracting Procedures• 8 1.07 General Requirements of Caterer' 9 1.08 Evaluation of Quotes or Bids' 10 1.09 Basis for Award: 10 1.10 Term of Contract Renewal: 11 1.11 Federal Policy Prohibiting Discrimination• 11 1.12 E-Verify Registration 11 1.13 Questions and Answers: 11 The Parties Agree to the Following General Terms: 12 A. Scope of work: 12 B. Governing law. 12 C. The Florida Department of Health: 12 D. Department Approval Required: 12 E. Contract Price Terms, Payment and Termination for Failure to Make Payment. 12 F. Amendments. 14 14 G. Selection of cycle menu: H. Special conditions and spedifications: 14 I. Emergency Requirement 15 J. Renewal: 15 K. Termination. 15 L. Business and Professional Qualifications: 17 M. Independent Capacity of Parties: 17 N. Conflict of Interest 17 O. Void if Disqualified: 17 P. Enforceability:. .................. . .1........ 8 Q. Default: 0 18 R. Energy Policy and Conservation Act (P.L. 94-163): 18 S. Buy American Requirement 18 T. Minority Participation. 19 U. Equal Employment Opportunity: 19 V. Mandatory Provisions: 19 W. Execution of Contract: 19 X. Cost of Contract Preparation: 19 Y. Certificate of Independent Price Determination: 19 Z. Clean Air and Federal Water Pollution Control Act: 19 AA. Byrd Anti -Lobbying Amendment . The Caterer Agrees to• 20 A. Regulatory Compliance: 20 B. Preference for Drug -Free Workplace. 20 C. Authority to Contract' 20 D. Supervision and Inspection Requirements: 0 20 . E. Meal requirements, preparation, packaging and delivery: 20 F. Assignment and Subcontracting: 22 G. Access to Caterer Site. 22 H. Access to Records. 22 I. Repayment for disallowed meals: 22 J. Indemnification and Contract Insurance Requirement: 23 . ............. .. .. _ .. iK._to.r1`Iic�. of _ Itoract: 23 :FY 2011-2012 2 ULThe Institution orfacility Agrees to: 24 A���k�ngo�e�dmea�� _ � ' B. Payment to the Caterer, 24 C. Me�DTderChanges: 24 D.CCFPCatered Meal Records, 2. 25 &.LkstofAttachments- i Atbaohrnent'l Child Care Food Program Meal Pattern for Children / Attachment iv Cycle Menu ., Attachnxent3 ix Minimum Food Specifications and Exhibit A.— Grains/Breads Requirement Ix Attachment Xu CCFP,Boxed Lunches" Menus ,, Attachment __ Meal -Services tobeProvided xxi Attachment xxii Delivery Schoduie xxii xxiii Attachment x<| Price Schedule _ Xxiv Attachment B institution ConMictofl�Ot�{�Quest���o�a__ _^�.°_ , xxv Attachment _ Caterer Conflict of Interest Questionnaire ^,, Xxvi Attach nnant1O xxv. Catered Meal Order Change Form Xxvii Attach nnant M xxv| Bidder Acknowledgement Form Attachment 12 xoo/iii Certificateof)ndopmndentPhca-Determhnaton. ' «xx|D 3 CCFP Standard Catering Contract FFY2010-2 D 11 Overview: The overview items that follow are incorporated and adopted by reference into the terms .and conditions of this contract. 1.01 Purpose: The purpose of this Standard Catering Contract is to obtain registered caterer services to furnish meals to children participating in the Child Care Food Programs (CCFP) at designated child care centers. The Standard Catering Contract is provided for mandatory use by all CCFP Institutions or facilities using catering services pursuant to 7 CFR §§226.6(i) and 226.21. The objective of the contract is to obtain CCFP standard meals, delivered to designated locations, on a predetermined schedule, in specific configuration and under strict quality. control guidelines. Meals accepted at the child care facility locations are eligible for payment by the Institution or facility. CCFP reimbursement shall be dependent upon the caterer and child care facility achieving the necessary standards to qualify delivered meals -for reimbursement. -1,02 Definitions: The following definitions shall apply to all terms and conditions: 1. Bid means an offer to perform catering service in accordance with -the specifications and 'conditions of the governing contract for a set, stated price. 2. Bidder means a person who sells prepared meals, supplies and services for the CCFP. Such pers.on.must.be. registered with.the ,Department of Health to. be eligible.for the authority to bid for the opportunity to provide services under contract to a CCFP Institution or facility. 3. Caterer means a person or business entity registered with the Department that wishes to sell prepared meals, food related supplies and services to CCFP participating . Institutions. 4. CCFP means that portion of the Child and Adult Care Food Program enacted in Section 17 of the National School Lunch Act authorizing assistance to states through grants-in-aid and other means to initiate, maintain, and expand non-profit food service programs for children in nonresidential institutions which provide care. The CCFP is intended to enable such institutions to integrate a nutritious food service with organized care services for enrolled participants. Reimbursement payments for allowable costs are. made under the CCFP by the State to the Institution that in turn is required to pay for meals received. 5, Center means a child care center, at -risk after school care center, an emergency shelter, or an outside -school -hours care center, 6. CFR means Code of Federal Regulations. 7. Child care center means any public or private nonprofit Institution or facility (except • day care homes), or any for -profit center that is licensed or approved to provide FFY 2011-2012 4 nonresidential child care services to enrolled children, primarily of preschool age, including but not limited to day care centers, neighborhood centers, Head Start centers and organizations providing day care services for children with disabilities. Child care. centers may participate in the Program as independent centers or under the auspices of a sponsoring organization. B. Child care facility means a licensed or approved child care center, at -risk after school care center, emergency shelter, or outside -school -hours care center under the auspices of a sponsoring organization. 9. Competitive sealed bid means a method of procurement whereby two or more sealed bids are publicly solicited and a firm fixed -price contract is awarded to the responsive, responsible bidder whose bid, conforming to all the material terms and conditions of the solicitation, is the lowest in price or a selected acceptable bid price based upon CCFP criteria. 10. Contract means a legally enforceable agreement duly executed by the authorized representative of the Institution or facility and the caterer that calls for the provision of meals, supplies and services by the caterer in accordance with all the conditions and specifications in the contract for a price to be paid by the Institution. 11. Cycle menu means a standard iist of food items organized into daily meals meeting the USDA.meal pattern. Cycle menus are provided in specific sequence and arrangement tb vary" the diet of•CCFP participants and remain in compliance with the USDA meal pattern standards. 12. Day means a calendar day, without regard to weekend or holiday unless otherwise specified. 13. Department means the Florida Department of Health, Bureau of Childcare Food Programs, responsible for'implementation and management of the CCFP in the State of Florida. 14. Emergency means those unplanned or. unexpected ' situations. preventing the Institution or caterer from operating as normally planned. Emergency circumstances are normally declared by a government entity and are further defined in Part I, 1 of this contract. 15. Executed contract means a contract that has been signed and dated by both.parties (authorized representatives of the Institution and caterer): In those instances where the quoted or bid price for service under the original contract equals or exceeds. $50,000, such contract is not executed until it is approved by the Department and must be so approved prior to the parties executing and commencing service under that contract. 16. Facility means a sponsored child care center. 17. Fixed -price contract.means a contract in which the caterer is paid at a set or fixed rate per meal for a specific period of time.. 18. FNS means Food and Nutrition Service, an office within the United States • Department of Agriculture responsible for national implementation and oversight of the CCFP. 19. Formal competitive procedure means a method of obtaining catered meal service by an advertised sealed bid process. 20. Informal competitive procedure means a method of obtaining catered meal service by requesting price quotations for meals. FFY 2011-2012 5 21. Institution means a sponsoring organization, child care center, at -risk afterschool care center, outside -school hours care center, or emergency shelter which enters into an agreement with the Department.to assume final administrative and financial responsibility for Program operations. • 22. Invitation to bid means a written solicitation for competitive sealed bids with the title, date and hour of the public.bid opening. The written solicitation contains specifications and pertinent attachments that define the items or services needed and upon which basis the bidder shall be required to respond. 23. Meals means food which is served to enrolled participants at an Institution or child care facility and which meets the meal pattern and nutritional requirements set forth in this contract. 24. Milk means pasteurized fluid types of unflavored or flavored whole milk, lowfat milk, skim milk, or cultured buttermilk which meet State and local standards for such milk. AEI milk should contain vitamins A and D at levels specified by the Food and Drug Administration and be consistent with State and local standards for such milk. 25. Monetary threshold means the procurement determination level based on an Institution's or a facility's total annual food costs. The monetary threshold for CCFP is $100,000. .26..National disqualified Jist means..the..list, maintained.. by, the USDA of institutions, responsible principals and responsible individuals disqualified from participation in the Program. 27. Noncompetitive negotiation means the procurement through solicitation of a proposal from only one or a very limited number of sources or after solicitation of a number of sources, competition is determined to be inadequate. 28, Nonprofit food service means all food service operations conducted by the Institution principally for the benefit of enrolled participants, from which all of the Program reimbursement funds. are used solely for the operations or improvement.of such food service. • • 29. Notice of Serious Deficiency means written notification from the Department or sponsor or USDA that an institution or facility has been determined to be non -compliant in one or more aspects .of its operation. of the CCFP. 30. Program means the Child and Adult Care F.o.o.d Program authorized by Section 17..of the National School Lunch Act, as amended, 31. Public/Military Institution or facility means any governmental child care center at the federal, state or local level. 32. Quotation or quote means the formal statement of a price at which a prospective caterer is prepared tb deliver specified services: 33. Registered caterer means a properly licensed business entity engaged in the preparation and delivery. of meals meeting specific requirements. This entity, in addition. to all required state licensure and business registrations has also successfully registered with the Department as a caterer for the CCFP. 34, Responsive bidder means a caterer registered with the Bureau 'of Childcare Food Programs who has submitted a response to an Invitation to Sid for catering services. FFY 2011-2012 6 • 35. Responsive potential caterer means a caterer registered with the Bureau of Childcare Food Programs who has submitted a response to a solicitation for a quote for catering: services, 36, Snack means a meal supplement that meets the meal pattern requirements specified in 7 CFR §226.20(b)(6) or (c)(4). 37. Solicitation means a verbal or written request by an Institution or facility to obtain catering services. Solicitations can be informal or formal based on the monetary threshold of the Institution or facility, 38. USC means United States Code. 39. USDA means United States Department of Agriculture responsible for the administration, oversight and fund distribution for the CCFP and the requirements .of governing federal regulations. 40. Yogurt means commercially coagulated milk products obtained by the fermentation of specific bacteria, that meet milk fat or milk solid requirements to which flavoring foods or ingredients may be added. These products are covered by the Food and Drug. • Administration's Standard of Identity for yogurt, lowfat yogurt, and nonfat yogurt, (21. CFR §131.200), (21 CFR §131.203), and (21 CFR §131.206), respectively. • 1.03 Parties Encouraged to Seek Legal Counsel: The standard contract is a legal document. Entering into this agreement may:affect the. Institution's or facility's or caterer's rights and responsibilities under Florida law. Each party to this contract will have individual legal concerns best addressed by an attorney representing that party's interests. This standard contract is provided as required under the federal rules governing the CCFP. The Florida Department of Health (Department) is not permitted to provide legal advice regarding this contract. The Department is only permitted to explain the various terms, conditions and functions of•thestandard contract and may not•advise•parties as to their rights under the stated provisions. Any representation either implied or stated by • any party or agent of the Department in this regard to the contrary shall have. no effect and shall not be relied.upon regarding this contract. The Institution or facility and caterer are therefore strongly encouraged to seek legal advice from an attorney licensed in the State of Florida familiar with contract law and CCFP requirements before entering into this contract. The Department will certainly - discuss various provisions of the proposed contract with a properly licensed attorney representing either party to the proposed contract to answer any questions or concerns should either party make such arrangements. Pursuant to 7 CFR §§226.6(1) and 226.21(b) and (c), the terms of this contract shall be applied uniformly throughout the state and are not subject to negotiation. Therefore, .any communication with representatives from an Institution or facility or Caterer's attorney shall be for the sole purpose of providing information regarding the legal implications of the contract's terms and conditions. . 1.04 Monetary Threshold for Catering Contract: A. This Standard Catering Contract for catered meal service must be used by Child Care Food Program (CCFP) Institutions or facilities. Institutions or facilities with a total annual meal service cost up to $100,000 may use informal procedures when FFY 2011-2012 7 securing a contract. Those with a total annual meal service cost at or above . '$100,000 must use formal bid procedures. B. When following informal procedures to obtain catered meal services, the Institution or facility must obtain written quotes from at least three registered caterers. C. When following formal procedures to obtain catered meal services, the Institution or facility must provide written solicitation.for sealed bids with the date and time of the public bid opening. D, The quotes or bids must include the unit price for each meal and the lowest grand total quote or bid must be accepted unless prior approval is obtained from the Department for choosing a caterer with a higher quote or bid based on written justification. 1.05 The Department's Role in Contract Administration: A. The Department is not a party to the contract. However, the Department provides the fiscal reimbursement to Institutions for creditable catered meals. These reimbursements are subject to.federal CCFP requirements. Consequently, the terms . of the contract, its execution and validation of service aresubject to the Departments review for purposes of validating program funding and reimbursement to the Institution. B. The Institution's or facility's continued participation in the CCFP is dependent on effective management and administration of the contract. The caterer's continued service to CCFP Institutions or facilities is subject to the caterer maintaining its registration with the Department. -1.06 Approved Competitive Contracting Procedures: A. Informal competitive procedures: Institutions.or.facilities.with an estimate:d.contract monetary thresh.o)d of less than $100,000 must obtain written quotes from at least three registered caterers. Quotes • must include the unit price for each meal and the lowest grand total quote must be accepted unless prior approval is obtained from the Department for choosing a caterer with a higher quote based on written justification. B. Formal competitive procedures: • Institutions or facilities with an estimated •contract monetary threshold at or above $100,000 must advertise bid proposals in a newspaper of general circulation with the specified date and time of bid opening. Public advertisement must occur at least fourteen (14) calendar days before the bid opening. Institutions or facilities and potential bidders (caterers) must follow formal bidding procedures outlined below: 1. Bids received prior to the time of the opening must be securely kept, unopened with date and time received recorded on the outside of a sealed envelope. 2. The date and time of the bid opening must not be changed by the Institution or facility after the bids have been received. 3. Bids must be opened at the specified date, place and time, read publicly and recorded. A bid must not be altered after the opening of the bids. FFY 2011.2012 8 4. Only one bid may be offered by any one party. If more than one bid is offered -by any one party, whether it is offered by or in the name of a clerk, partner, or other assistant or employee,.then all bidsfrom that party must be rejected. 5. Bids not submitted with a bidder acknowledgement form and submitted without . specified attachments shall be rejected. 6. Bids must not be accepted after the date and time noted on the bidder acknowledgement form. It is the bidder's responsibility to assure that his/her bid is delivered at the proper time and place of the bid opening. 7. Potential bidders must complete and execute all mandatory attachments and the bidder acknowledgement form and submit the originals and one copy of each in a sealed envelope. 8. Potential bidders must include the Institution's or facility's name and address and date and time of the bid opening on the face of envelope. 9. If a bid is submitted via express mail or in a courier envelope, the bid documents should be submitted in a separate sealed envelope within the courier envelope. . Express mail or courier envelopes will be opened and discarded. 10. Offers by telegram or telephone are not acceptable. -1.07 General -Requirements of Caterer; A. Caterer must be. registered with the Department to provide quote or bid: 1. Caterers responding to a solicitation for quotes or bids must be registered with the Florida Department of Health, Bureau of Childcare Food Programs prior to submitting a quotation or bid for consideration. Registration may be completed consistent with the instructions on the Department of Health Web Page at http://www.doh.state.Thus/ccfp/NutritiOn/Catering/catering.htm. 2. Caterers must submit the following information annually by September 30th of ............... each..year to be included on the registered caterer fist: a completed Caterer registration form; a copy of.the current food service permit; a copy of the most recent food service inspection; and a copy of a current food service manager . certification. . B. Caterers providing quotes or bids shall carefully review all the materials contained herein.and prepare responses accordingly. The quotation or bid shall be based on all .. the terms and conditions stated in this contract. The Caterer is responsible fo.r the accuracy of all ihformatiori provided'in its bid and shall be required to perform according to the terms of the contract and its bid should it receive the contract award. The caterer shall therefore be required to: 1. Provide a quotation or bid based on the number, type and delivery location for . . meals specified.in the request for quotation or bid. 2. Provide a unit price per meal type requested, total price for each meal type, and . its grand total quotation on Attachment 7, Price Schedule, columns 3, 4, and b. 3. Complete Attachment 9, Caterer Conflict of Interest Questionnaire 0 . 4. Complete, if required by formal competitive procedures, Attachment 11, Bidder Acknowledgement Form, and Attachment 12, Certificate of Independent Price Determination. . FFY 2011-2012 9 • 5. Type or print in ink all quote or bid proposals. Use of erasable ink is not permitted. • 6. Include the cost of food, milk, disposable meal service products, packaging, transportation and all other related costs (e.g., condiments, utensils, etc.) according to Attachment 5, Neal Services to be Provided and Attachment 7, Price Schedule, as part of the contract price. 7. Not include unauthorized menu changes, incomplete meals, or meals not delivered within the specified delivery time period as part of the contract price. C. Caterer quote or bid inquiries: 1. Questions related to the request for a quote or bid must be received in writingby the Institution or facility. 2. Respondents to an informal quote or formal bid may not contact the Institution or facility between the date of the request for quotes or release of the bid and the end of the 72-hour evaluation for responsiveness period except in writing to the Institution or facility. • 3. Violation of this provision may be grounds for rejecting a quote or bid. 1.08 Evaluation of Quotes or Bids: A. Quotes or bids that do not meet the requirements specified in this contract will be considered non -responsive.. Responsive quotes or bids meeti.n.g the, mandatory requirements will be evaluated. In the best interest of the 'Institution or facility, the Institution or facility reserves .the right to reject any 'and all quotes or bids or waive any minor irregularity or technicality in the quotes or bids received. Caterers are cautioned to make no assumptions unless their quote or bid has been deemed . responsive. B. In case of mathematical errors, the caterer's unit price quotation or bid shall be considered the contract price. It is the caterers responsibility to understand the terms, conditions and specifications of the contract. Failure to do so will be at the ................................................ caterers risk and no relief shall be provided under this contract for "error" once a contract is executed and agreed to by both parties. C. In case of identical tie quotes or bids, the Institution or facility shall determine the order of award in accordance with Rule 6DA-1.011, F.A.C., Identical Evaluations of Responses. . • ' 1.09 • Basis for Award: • A. Each quotation or bid submitted shall be considered for responsiveness to the terms and conditions of the contract. In general, a single award shall be made to the responsive, responsible caterer offering the lowest grand total price and meeting all stated requirements of this contract. B. The Institution may.choose to award the contract to another caterer meeting all: contract requirements as permitted under 7 CFR .§226.21(a)(7). However, in order to qualify for CCFP reimbursement for the catered meals in the contract, the Institution (or facility) must obtain Department approval prior to awarding the contract. In order to obtain that approval, the Institution (or facility) shall provide written justification to the Department explaining its reasons for not accepting the lowest catering contract quotation or bid. The Department shall issue its decision within ten days of receiving the Institution's (or facility's) completed request for consideration. FFY2011-2012 10 C. All proposed catering contracts with a grand total amount of $50,000 or higher must be approved by the Department, pursuant to 7 CFR §226.21(a)(7) prior to execution. .Institutions or facilities may be .penalized for failure to obtain prior Department approval. D. All corrections made by the Institution or facility and/or the Caterer to this contract shall be initialed. The Institution or facility and the Caterer name shall appear on each page of the contract as required. .. 1.10 Term of Contract Renewal: A. The proposed contract is for a single federal fiscal year. The contract shall expire on .of the contract year unless terminated earlier. This contract may be renewed for two additional one-year terms. B. Renewals must be negotiated and agreed to prior to the expiration of the current contract on or before: of the contract year. Failure to complete the renewal process (unless switching to self preparation food service) will require that the Institution or facility obtain new quotations or bids for a new catering contract in order to qualify for CCFP reimbursement for catered meals. Public/military Institutions or facilities must comply with their governing authority's requirements when renewing contracts . C. The renewal process shall be at the sole discretion of the Institution (or facility) and will require the mutual agreement of both parties for completion. Renewal instructions and requirements are provided in a separate document. 1,11 Federal Policy Prohibiting Discrimination: • In -accordance with Federal law and U.S. Department of Agriculture (USDA) policy,. all Institutions that participate in the Child Care Food Program are prohibited.from discriminating on the basis of race, color, national origin, sex, age, or disability. To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S,W.,.Washington; D:C.-20250-9410-or-call (202) 720-5964or' toll free at (866) 632-9992 (voice and TDD). USDA is an equal opportunity provider and employer. 1.12 E-Verify Reaistration . The Institution or facility agrees to use the U.S. Department of Homeland Security's E-. Verify system, httos://e-verify.uscis.aov/emn, to verify the employment eligibility of: 1. All persons employed during the Standard Catering Contract term by the Institution or facility to perform employment duties within Florida; 2. All persons (including subcontractors such as a caterer) assigned by the 'Institution or facility to perform work pursuant to this Standard Catering Contract. 1.12, Questions and Answers: . . All questions must be directed to the Institution or facility seeking the caterer quotation or bid under°this contract. The Institution or facility and caterer may seek clarification or assistance from the Department when it is believed such assistance will be helpful in developing the most efficient and effective contract possible for the benefit of the children participating in the CCFP, the CCFP and the parties to this contract. The Department may also provide guidance on the terms and conditions of this contract. FFY2011.2012 11 CCFP STANDARD CATERING CONTRACT THIS CONTRACT is entered into between CITY OF MI-AMI hereinafter referred to as the Institution or facility and herein after referred to as the caterer. This contract will become effective when an authorized representative of the last party hassigned the contract and will expire on i, 20_ unless extended by mutual agreement according to the terms of the contract and for no longer than one year with two one-year extensions permissible at .the Institution's option. Either party may, choose to terminate the contract at any. time in accordance with the terms•specified herein. Delivery of catered meals shall commence after the Institution or 'facility has received DOH approval to participate in the CCFP. Theinstitution or facility will notify the caterer to commence meal delivery. I. The Parties Agree to the Following General Terms: A. Scope of work: The scope of this contract is to provide meals specified by the Institution and deliver the specified meals to the site or sites the Institution identifies in the Delivery Schedule on Attachment 7 to this contact. Meals shall be delivered daily in accordance with all quote specifications and attachments regarding this contract. (See Attachments 1 - 7.) B. Goveminq.law: . This contract shall be enforceable under the laws of Florida and parties shall be required to• comply with all applicable federal and state laws, rules and regulations regarding the execution and enforcement•of this contract and its use in the CCFP. C: The Florida Department of Health: The Department is not a party to this contract nor is it responsible for its execution. or the enforcement of any payments or performance. The Department's sole role is providing a standard contract pursuant to 7 CFR §226 and ensuring compliance with reimbursement and contracting conduct of CCFP Institutions or facilities. Any representation either implied or stated by any party, or any agent of the Department in this regard to the contrary, shall have n.o effect and shall not be relied upon regarding this contract.• D. Department Approval Required: The terms. and cond.itio.ns.of this co.ntract.bear directly.on the.Institution's or. facility's .successful participation in the CCFP. Therefore, the. Institution or facility is not permitted to receive reimbursement for catered meals under this contract if, totaling $50,000 or more until the Department has granted final .. approval of all terms and conditions of this contract consistent with its authority prescribed by 7 CFR. §226. Consideration for reimbursement shall commence only after the date the Department grants final -approval of all terms and conditions of this contract if totaling $50,000 or more. Contract Price Terms. Payment and Termination for Failure to Make Payment: 1. Prices, Terms.and P.ayment: All prices are fixed for the duration of the contract period. . a. Taxes: Any applicable taxes are in addition to the quotation and are not included therein; b. Cash Discounts: Cash discounts for prompt payment shall not be considered in determining the lowest net cost for contract evaluation purposes. c. Invoicing and Payment:. •(1)•The caterer shall subniit itemized invoices to the Institution biweekly or monthly. If. the Institution is a sponsor of child care centers, the caterer shall also provide a biweekly or monthly statement to each child care center to which it delivers meals that specifies the number of meals provided to the center, the unit price for each meal and the amount paid 'by the sponsor on the center's behalf. (2) The Institution shall pay the caterer the unit price specified in the Attachment 7, Price . Schedule times meals provided as specified' in the invoice. The Institution or facility shall pay: .(a) A-ccording-tothe time -frame -as -stated ;on -the -caterers --invoice ;or FPY 2011-2012 . 12 (b) 5 days after receiving CCFP reimbursement, whichever occurs sooner. (c) No later than forty one days of its receipt of the invoice from the Caterer. (3) The caterer may impose the following late fees;. but is not required to do so. Any late fees shall not be paid from CCFP funds: See Termination for Breach in Special Conditions for non- payment of services rendered. Time Period from invoice receipt date Maximum late fee Late fees 42 to 52 days Two percent (2%) of the invoice or $200 whichever amount is .greater 1st fee 53 to 62 days 1st fee plus two percent (2%) of the invoice or $200 whichever amount is greater 2nd fee 63 to 72 days I' and 2"d fee plus two percent (2%) of the invoice or $200 whichever amount is greater 3rd fee 73 to 82 days 15T 2"d and 3rd fee plus two percent (2%) of the invoice or $200 whichever amount is greater to 4 fee (4) The caterer shall not receive payment for unauthorized menu changes, incomplete meals, or meals not delivered within the specified delivery time period. Any payment denial shall be supported by delivery documentation demonstrating deviation from the requirements of this contract. -2. The contract price shall include: a. Price of food, milk, disposable meal service products, packaging; b. Transportation; and • c, All other related costs (e.g., condiments, utensils, etc.). 3. The contract price does not include and the contractor is not authorized to charge costs for unauthorized menu changes, incomplete meals, or meals not delivered within the specified delivery time period. 4. The caterer may terminate service under this contractfor nonpayment if the Institution has.failed.to make full payment for any invoice 60 or more days after that invoice is due and owing. a. The caterer hereby waives its right for assistance with CCFP delinquent accounts through the Department of Health, Bureau of Childcare Food Programs, for catering services if it fails to . terminate service upon the Institution's failure to make full payment for any invoice 63 or more days after that invoice is due and owing. b. Any claim the caterer asserts for nonpayment shall be supported by all delivery records. and invoices and a copy of the Institution's account payment history. 5. Non-payment for Spoilage: a. No payment shall be required nor made for meals that: (1) Are spoiled or unwholesome at time of delivery; or (2) Do not meet detailed specifications for each food component specified; or (3) Do not otherwise meet the requirements of this contract. b. All meal specifications under this contract shall include but are not limited to cycle menu, grade, purchase units, style, condition, weight, ingredients, formulations, and delivery time, 6. The caterer shall use the following delinquent payment notification procedures in order to preserve its right to demand payment for catering services: FFY 2011.2012 13 a For invoices not paid within 42 days after the Institution received the invoice (pursuant to this contract) the caterer shall send the Institution a notice letter with a copy of the original invoice attached. The caterer shall also provide a copy to the Department.of Health, Bureau of Childcare Food Programs. b. When an invoice previously noticed when delinquent 42 days is still delinquent and not paid in full within 63 days after the Institution received the invoice, the caterer must provide a second letter to the institution with a copy of the original invoice attached and provide a copy to the Department.of .• Health, Bureau of Childcare Food Programs. c. The caterer shall suspend service or terminate its contract with the Institution if the Institution has - failed to make full and complete payment for any invoice 63 or more days after that invoice is due. and owing. The caterer's -failure to terminate: its. contract shall not waive the caterer's right to seek payment under appropriate Florida law. F. Amendments: No amendments to this cdntactshall be enforced unless and until such amendments are: 1. In writing; 2. Agreed to and signed by each party;, and 3. Approved by the Department for purposes of reimbursement. G. Selection of cycle menu: The Institution or facility has selected a state approved cycle menu included as Attachment 3 to this contract. This cycle menu shall be.: Lased to govern'the meals prepared•arid• delivered under this contract. The Institution or facility or the caterer shall: 1. Not make menu substitutions.except under emergency circumstances. 2. Seek approval from the Department of any menu changes andlor substitutions, 3. Document the need for the substitution to include what meal (or meal item) could not be provided and what meal (or meal itern) was provided in its place. 4: Inform the Institution and/or facility(s) of -the menu substitution prior to. delivery. 5. Acknowledge that any menu substitution is subject to evaluation and meal disallowance at some future date under CCFP requirements and therefore bears the risk if it is found that the meal must be disallowed because such substitution does not qualify the meal for CCFP reimbursement. H. Special conditions and specifications: Any special conditions and specifications which vary from the general terms and conditions of this contract must.be agreed on by.both parties and -approved by the Department prior.to execution and attached to this contract. Any such attachments are adopted as part of this contract and shall have precedence. I. Emeraencv Reauirement: 1. Generally; a. If the Institution or child care facility is required to close due to an emergency the Institution: or. facility shall be required to pay for all food previously delivered to a center. b. CCFP will not reimburse for meals which are not served to enrolled children, regardless, of the reason for the failure to serve the meal. c. Institutions must notify the caterer at the earliest time feasible if a child care center will be closed for any reason. . 2. Emergencies affecting a geographical area: a. In the event ofan emergency affecting.an entire geographical'a�ea each party shall actin'goo raitn-to-keep the ott1erpaiLy itiiuirii d.ui ii5 ct ty... .pe roan -the cana�ti rs-ofithe.-contrn�.,_.._ __._... FFY 2011-2012 14 • b. Caterers must immediately notify all Institutions and facilities served if the emergency requires caterer closure, alterations of menu or other interruptions or partial interruptions of service. c. Any disruption or alteration 'of service shall be documented and a copy provided to the center and to the Department. d. Upon issuance of a notice of an emergency situation or pending emergency situation by state or 'local officials for the state or a geographical region, Institutions shall notify caterers of their plan for operation during the pending emergency. For instance, if a hurricane warning is issued, the Institution shall notify the caterer of its contingency plans for the emergency, specifically the factors it will use to determine closure, such as: it will close if school districts close or, government offices close, or local stores close. e, If the Institution does not provide reasonable notice of its closure it shall be responsible for payment for meals attempted to be delivered during regularly scheduled times. - J. Renewal: 1, The Institution or facility reserves the option to renew the contract for no rn.ore than two additional one year periods beyond the original contract term. Renewal may be under the same terms and conditions of this contract or different terms and conditions may be used once they are approved by the Department. 2. In the event of renewal offthis contract any new or additional terms and conditions as'required by the Department shall be incorporated into the renewal contract consistent with the requirement for amendments. - 3, Renewal -of the contract -shall be completed by mutual agreement. in writing and shall not .take .effect .. until an authorized representative of the last party (the Institution or facility). has. signed the contract. 4. Renegotiation of price changes pertaining to the unit price shall be allowed in the subsequent years of the contract. 5. The annual percentage increase shall not -exceed the Consumer Price lndex.as determined by the Department. .6. No price increase under this or any renewed contract shall take effect without prior written consent signed by both parties to the contract. K. Termination; 1. At Will: a. This. contract may be canceled by either party with a thirty (30) day written notice; b. Notice shall be delivered by certified mail, return receipt requested, or in person with proof of. delivery. 2. For Breach: a. The Institution's Rights; (1) The Institution shall have the right, though is not required, to terminate this contract if the caterer fails to comply with the contract's requirements. (2) Upon election of its right to terminate the contract, the Institution or facility shall notify the caterer. Such notification must be in writing stating the specific instances of non-compliance with the terms and conditions of the contract. The Institution must await the caterer's specific. performance under the contract for 24 hours after.the caterer receives the institution's written demand. (3) If the caterer fails to effect corrective action within 24 hours of the Institution's notification, the Institution shall have the right, upon written notice, to immediately terminate the contract and the caterer shall be liable for any damages incurred by the Institution. 4-The-lnstitution-:shall--b written-notiee.te-the-catererterrminate-the-ri g ht of the•caterer to— .,procead under this c2ntrn;` if the ipStifi Minn finris that nratr IItiRs in the fnrm of QntArtainmPnt nr FFY 2011-2012 15 gifts, or if any other thing of value was offered or given by the caterer to any officer or employee of the Institution with a view toward securing a contract or securing favorable treatment with respect to the awarding, amending or the caterer's conduct under the contract. b. The caterer's rights; (1) The caterer may terminate this contract if the Institution fails to comply with the requirements of this contract. . . (2) Upon election of its rightto terminate the contract, the caterer shall notify the Institution or facility. Such notification must be in .writing stating the specific instances of non-compliance with the terms and conditions of the contract. The caterer must await the Institution's specific performance under the contract for 24 hours after the Institution receives the caterer's written demand. (3) If the Institution fails to effect corrective action within 24 hours of the caterer's notification, the caterer shall have the right, upon written notice, to immediately terminate the contract and the Institution shall be liable for any damages incurred by the caterer. c, Additional condition for termination for. failure to pay for catering services; (1) These conditions are additional to all stated terms for termination and apply expressly to the situation in which the Institution .fails to pay the caterer as agreed under this contract. • (2) Caterers shall retain the right under the laws of Florida to seek payment for all services delivered under this contract. (3) The parties agree that the caterer shall waive its right to seek action through the Department of Health, Bureau of Childcare FoodPrdgrams, under this contract if it-coritmues to provide services beyond the date when the Institution has failed to make full payment for services and is 63 days or more late in paying for services under this contract. d. Resolution of disputes; (1) The parties to the contract shall attempt to resolve disputes under this contract through mutual agreed mediation. (2) Should mediation fail, disputes shall be resolved under the laws of Florida. (3) Regardless of resolution, costs or expenses for which the Institution subsequently accepts or is assigned liability shall not be paid •from CCFP reimbursement funds unless those costs or expenses have been previously approved by the Department for reimbursement. 1 For lack of availability of Funds: The Institution shall have the option to cancel the contract for lack of funds as described in this section. In the event of cancellation of the contract, the institution shall be responsible for meals that have been delivered to its facility. The contract may be.cancelled under this provision if: a. The Institution is not approved by the Department of Health to participate in the Child Care Food Program; b. The Institution is terminated or suspended by the Department of Health from the Child Care Food Program; c. The Institution's funding sources to include participant payment, charity and similar fund raising activity fail to provide sufficient.resource to continue the Institution's operation; or d. The funds to support the Child Care Food Program are not available due to federal or state budget constraints. L. Business and Professional Qualifications: 1. The award of this contract is subject to the provisions of Chapter 112, F.S. Caterers shall disclose with their contract offer whether any officer, director, employee, consultant or affiliate is also an officer or an_employee of the State of Florida. FFY 2011.2012 16 2. Al! caterers must disclose the name of any state officer or employee who owns, directly or indirectly, an interest offfive (5) percent or more of the caterer's organization or any of its branches or affiliates or parent company. 3. All permits, registrations, licenses and insurance must be in full force at the time the contract is executed and throughout the term of the contract. Failure to maintain any of these requireditems shall result in immediate termination of the caterer. The caterer will not be permitted•to supply catered meals • for CCFP reimbursement until all required permits, registrations, licensure and insurance are in. full force. M. Independent Capacity of Parties: In the performance.of this contract, it is agreed between the parties that each party: 1. Is an independent party to this contract; 2. Is solely liable for the performance of al! tasks contemplated by this contract; 3. And its officers, agents, employees or assignees in performance of this contract, shall act in an independent capacity. and not as an officer, employee, or agent of the Department; and 4. Shall not represent to others that it has the authority to bind the Department in any way or fashion. N. Conflict of Interest: . Each party shall be responsible for ensuring that no conflict of interest exists in the execution and . administration of this contract. 1-, The Institution shall-.maintain.a written code .of standards .of conduct whichshall govern. the ...... .. _.... performance of its officers, employees or agents engaged in the award and administration of contracts supported by CCFP payments. No employee, officer or agent of the grantee shall participate. in . selection, or in the award or administration of a contract supported by the CCFP if a conflict of interest, real or apparent, would occur. 2. Any Institution and its responsible .principals and responsible individuals shall be subject to . termination and disqualification from the•CCFP if a conflict of interest exists in the Institution's procurement or execution of a catering contract. 3. The .caterer. is •prohibited from. having a financial -or •other.interest in the• Institution served under.this contract. • 4. The.lnstitution is prohibited -from having a financial or other interest in the caterer serving the Institution or its sponsored centers. 5. The parties are required to complete Attachments 8 and 9 Conflict of Interest Questionnaires as part of the execution of this contract. These records.shall.be maintained in the Institution's.contr..act.file.and shall be subject to review during CCFP site visits for the purpose of confirming that a. conflict of interest . has not been recorded or allowed to exist. 6. Any contract found with an existence of a conflict shall be void from its inception and the contract shall be re -negotiated. Meals provided under such voided contract may be disallowed and repayment to the CCFP demanded. 0. Void if Disqualified: This contract shall become null and void as of the date of the event listed should the '1 Caterer be disqualified pursuant to Rule 84F-17.004 F.A.C., if the caterer fails to: a. Meet the requirements of the contract; b. Continue to comply with the requirements for entering into the contract; c. Remain in good standing on the registered caterer list with the Department; or d-Meet the-standards.setforth -in its applicable.licensure.requirements, . regard I ess.of whether .such . .. violations of ito liocnsurc lowc and rules result in discipline by the applirehl= regI iletory authority FFY 2011 2012 17 2. Institution or facility be disqualified from participation in the CCFP; or 3. Caterer is suspended, disbarred or other wise prohibited from accepting government contracts or government funding pursuant to 7 CFR §3017. P. Enforceability: - This contract shaft have no force or effect unless the: 1. Caterer is registered with the Department pursuant to Rule 64F-17.004, Florida Administrative Code (F.A.C.) before the date of contract execution and the caterer maintains that registration in good standing throughout the term of the contract. 2, Institution or facility is approved to participate in the CCFP. Q. Default: Failure to perform according to the terms of this contract shall be cause to find the defaulting party in breach with the following consequences: 1. If a caterer is found in default of this contract such finding may result in: a. The caterer being required to pay all re -procurement costs; b. The caterer's name being removed from the Department's Registered Caterer List; .and c. Prohibiting all Institutions or facilities participating in the CCFP from receiving further reimbursement for any meals delivered under a contract with the unregistered caterer. 2. If ari lnatitution is found in default of this contract such finding may-result'in: a.The issuance of a Notice of Serious Deficiency to the Institution requiring timely corrective action; or • b. The Department denying reimbursement for catered meals for that Institution; or c. The Institution's disqualification from the CCFP for a period of at least seven years and entry on • • the•National Disqualified List. R. •Energv Policv.and ConservationAct.(P:L. 94-163): Parties to this contract shall comply with mandatory standards and policies relating to energy efficiency. . which are contained in the State energy efficiency conservation. plan issued in compliance with P.L. 94- 163. S. .Buy American Requirement: 1.. Partiesto•this•co'ntract.shall•comply-with Pubiic:Law 100-237 whenever possible -and -purchase only. - food products that are produced in the United States. 2. The parties are permitted exceptions to the "Buy American" requirement under the following conditions: a. The recipients or intended consumers of catered meals have demonstrated a unusual or ethnic food preferences that can only be met through purchases of products not produced in the United States; b. Products required for the'preparation of catered meals are not produced or manufactured in the United States in sufficient and reasonable available quantities of a satisfactory quality; or c. Thecost of the domestically produced food product that would be used in a catered mealis significantly higher than that of the foreign product. T. Minority Participation: Institutions shall take affirmative steps to ensure that small businesses, minority -owned businesses and women f'business enterptises are'fused whenever;po'ssibleee: Affirm'ative'steps shall Include the. --- --following. FFY 2017-2012 18 1. Including qualified small businesses, minority -owned businesses and women's business enterprises on solicitation lists; 2. Assuring that small businesses, minority -owned businesses and women's businesses are solicited whenever they are potential sources; 3. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum small business, minority -owned business and women's business participation; 4. Where the requirement permits, establishing delivery schedules which will encourage participation by small businesses, minority -owned businesses and women's businesses; 5. Using the services and assistance of the Small Business Administration and the Department of Commerce's Minority Business Development Agency in the solicitation and utilization of small businesses, minority -owned firms and women's business enterprises. U. Eaual Employment Opportunity: Parties to this contract shall comply with Executive Order (E.O.) 11246, "Equal Employment Opportunity,' as amended by E.O.. 11375, "Amending Executive Order 11246 Relating to Equal . Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract compliance Programs, Equal Employment Opportunity, Department of Labor." V. Mandatory Provisions: The Florida Department of Health has established certain requirements with respect to contracts. The use of "shall" "must" or "will" (except to indicate simple futurity) in this contract indicates a requirement or condition from which a material deviation may not be waived the Florida Department of Health. The words "should" or "may" in this small purchase contract indicate desirable attributes or conditions that are permissive in nature and may be waived by mutual contract and with the approval of such change by the Department. W. Execution of Contract: The contract shall be typed or printed in ink. Erasable ink shall not be used in preparation of any agreed terms. All corrections made to this contract shall be initialed. •X. Cost of Contract Preparation: _.. The caterer, by its affirmative act of providing a quotation or bid for this contract, acknowledges that the caterer is solely responsible for any costs the caterer incurred in responding to this contract. Y. Certificate of Independent Price Determination: Attachment 12,.Certificate of Independent Price Determination must be completed by the caterer and Institution (or facility) when utilizing formal competitive bid procedures and included with this contract. Z. Clean Air and Federal Water Pollution Control Act: Contracts in excess of $100,000 must comply with all applicable standards, orders or regulations issued pursuantto the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Department of Health and the Regional Office of the Environmental Protection Agency (EPA). Failure to comply constitutes an.• inability to fulfill the terms of the contract. AA. Byrd Anti-Lobbyino Amendment: Contracts of $100,000 or more must include certification from the caterer that they will not and have not used CCFP (Federal appropriated) funds to pay any person or organization for influencing or attempting to influence an officer.or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of congress in connection with this contract pursuant to Title 31 United States Code .1352. FFY 2011-2012 19 II. The Caterer Agrees to: A Regulatory Compliance: •The caterer agrees that this contract shall be governed by, and construed to .be consistent with., all :federal and state regulations applicable to the CCFP established under 7 CFR § 226, 3016,. 3017, 3019, 3021 and FNS Financial Management Instruction 796-2, Revision 3 as such regulations may apply and be amended from time to time. B. Preference for Druo-Free Workplace: . The caterer must make.a good faith effort to maintain a Drug -Free Workplace (DFW).. The Institution reserves the right to request from the caterer the method used to maintain a DFW prior to contract award as outlined in 7 CFR § 3021. C. Authority to Contract: By execution of this contract the caterer asserts and attests that the caterer: 1. Is authorized to enter into the contract; 2. Is not suspended, debarred or otherwise prohibited from entering into the contract under.the terms of 7 CFR § 3017; and • 3. Shall notify the Institution immediately if the caterer or its principals are suspended, disbarred or otherwise prohibited from performing under this contract. D. Supervision and Inspection Reauirements: . The caterer shall: 1. Provide management supervision at all times and maintain constant quality control inspections to check for portion size, quality of products, time and temperature, appearance and packaging; 2. Maintain a valid state or federal food service license; and . , .. . 3. Submit.copie.s.ofthe applicable. state.or.federal regulatory.inspe.ctions and current.license annually to the Department, as may be requested, E. Meal requirements. preparation., oackaaina and delivery: Meals shall be prepared and delivered daily in accordance with all quotation or bid specifications and attachments regarding this contract as specified on attachments 1 through 7 to this contract. The caterer shall accept delivery site additions and deletions upon written notice from the Institution at least seven calendar days prior to the date of delivery. 1, Meal Requirements: The caterer shall: a. Provide menu items which meet the nutritional requirements specified by the Child Care Food Program Meal Pattern for Children, Attachment 2 included in this contract. b. Not make changes or substitutions to the cycle menu on which the contract was based, . . Attachment 3, Cycle Menu. . c. Provide foods that.meet the Minimum Food Specifications as stated in Attachment 4. 2. Meal Preparation Requirements: The caterer shall: 'a. Prepare and deliver meals according to CCFP Food Safety and Sanitation Requirements and other governing food safety and sanitation requirements. b. Ensure that all potentially hazardous food for this contract shall be kept at safe temperatures, 41°F or below and 135°F or above, except during necessary periods of preparation. c. Not'assemble-meals more than 24-hours prior to. delivery. FFY 2011-2012 20 d. Ensure meals for this contract are delivered at safe temperatures: (1) All cold foods must be held and delivered at or below 41°F. (2) All hot foods must be held and delivered at or above 135°F. e. Date and hold •a sample of each meal at a temperature of 41 °F or below for a period of three days from the date and time of delivery of that same meal as a controlled sample. 3. Meal Packaging Requirements: a. In accordance with Attachment 5, Meal Services to be Provided, the caterer shall ensure that: (1) Any product or substance that comes into contact with food, including but not limited to products used to package, contain or serve food shall meet federal food safety standards, including but not limited to 21 USC §348(h)(6), and instructions or regulations issued by the United States Food and Drug Administration. (2) All cold foods are packed suitably in accordance with local health standards. Container and overlay must have an airtight closure, be of non -toxic material, and be capable of maintaining internal temperatures of cold food at 41 °F or below. (3) All hot foods are packed suitably in accordance with state health standards. Container and overlay must have an airtight closure, be of non -toxic material, and be capable of maintaining internal temperatures of hot food at 135°F or above. (4) Containers must be closed and maintain an airtight closure or seal until opened at the Institution's destination. b. Each container (bulk or carton with unitized meals) shall be labeled. Each label or other form shall include: (1) Caterer's name and address; (2) Food item and number of portions by age group (i.e. ages 1-5 and 6-12; portions for ages 1- 5 based on meal pattern portion sizes for.ages 3-5); (3) Serving size information by cups, ounces, and individual pieces; and (4) Date of production. 4. Meal Delivery Requirements: a. The caterer shall: (1) Be responsible for delivery of all food and dairy products at the specified time and location according to Attachment 5, Meal Services to be Provided and Attachment 6, Delivery Schedule. (2) Provide personnel to deliver meals daily, unload and place in the:designated institution or facility at the specified location(s) and time(s) listed in Attachment 6, Delivery Schedule. (3) Provide adequate refrigeration and heating in clean vehicles during delivery of all food and dairy products to ensure the wholesomeness of food at delivery is in accordance with State and local health codes. (4) Provide the exact number of meals ordered and any damaged or incomplete meals shall not be included when the number of delivered meals is determined by the Institution o.r facility. b. The caterer shall: (1) Provide daily delivery tickets with meal delivery. Delivery tickets must: (a) Show name of Institution or facility; be itemized to show the number of meals of each type, the individual meal components for each meal type and age group, and the date . and time of delivery. Delivery tickets shall be prepared in multiple copies as required. (b) Be typed or printed in ink on company letterhead. Use of erasable ink is not ..permitted. FFY 2011-2012 21 (c) Include when delivering to an Institution or facility, a minimum of two copies to provide one copy of the delivery ticket for the caterer and a duplicate of that delivery ticket for the Institution or facility. (d) Include when delivering to a sponsored facility, a minimum of three copies to provide •one copy of the delivery ticket for -the caterer, a duplicate for the sponsoring Institution and a duplicate of that same delivery ticket for the facility. (e) Include the name of the individual making the delivery and the name of the Institution's or facility's representative accepting delivery of the meals. Such names in addition to signature shall be clearly printed on the delivery ticket. Failure to clearly .. • identify required names may result in disallowance of meals delivered under this contract. (f) All corrections made by the caterer and/or the Institution or facility must be initialed F. Assianment and Subcontractina: The obligations of this contract shall not be assigned. The caterer shall not subcontract meals provided under the terms of this contract. G. Access to Caterer Site: The caterer shall permit employees of the Institution or facility, designated program officials of the Florida Department of Health, the Florida Department of Law Enforcement, and U.S. Department of Agriculture access to: 1. Inspect the caterer's preparation site prior to execution of contract; and 2. Be present during preparation and delivery of meals, without prior notice at any time during the • contract period. H. Access to Records: The caterer shall maintain documentation pertaining to this contract and this documentation shall be available for the current contract period and three subsequent years from the termination date of this .contract or until all outstanding issues are resolved of any audits for inspection and audits. by representatives of the Florida Department of Health, the Florida Department•of Law Enforcement, and U.S. Department of Agriculture. These records shall include: 1. Purchase orders, invoices from'food distributors, and production records 2. Delivery records and meal change form confirmations 3. Temperature logs for storage, cooking and holding of potentially hazardous foods, and transportation to the Institution or facility • . 4. Invoices to the Institution or facility 5. Notices of Non-payment 6. Records. necessary. to comply with federal and State and laws and regulations 7. All state and federal tax records associated with this contract 8. The contract and all addendums or changes I. Repayment for disallowed meals: The caterer shall reimburse the Institution or facility for the contract amount for all claimed meals denied by the CCFP if: 1, The Institution provides the caterer written notice within one year of the delivery of the denied meals _.. __..... _ ..and.the..CC.F.P._fo.rural_denial._of..r..eimb_ursAment;.and_ ...._......_.._..._... _ .._._ _ ......_ _....._.._ FFY 2019-2012 22 2, The CCFP denial of reimbursement is the direct result of the caterer's failure to comply with the meal requirements of this contract. J, Indemnification and Contract Insurance Requirement: 1. The caterer shall secure and maintain, at its expense and for the duration of this contract and any renewals, liability insurance to specifically protect itself and indemnify, save and hold harmless the Institution and facility(s) and its officers, agents and employees against any and all actions,. suits, damages to.persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities that may be asserted or claimed by any person, firm or entity arising out of or in connection •with the use, service operation, or performance of work under the terms of this contract, resulting in whole or in part from the negligent acts or omissions of the caterer, or any of the employees, agents, •or representatives of the caterer. a. The caterer will defend any action or actions filed in connection with any said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; b. The caterer shall promptly pay any judgment rendered against the Institution or their officers, agents and employees for any such claims or liabilities arising out of or in connection with the negligent performanceof or failure to perform such work, operations or activities of the caterer herein under; and the caterer agrees to save and hold the Institution and facility and/or their officers, agents and employees harmless there from; c. In the event the Institution and facility or its officers, agents and employees is/are made party to any action or proceeding filed or prosecuted against the caterer for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform "the work, operation or activities of the caterer hereunder, the caterer agrees to pay to the Institution and facility and/or its officers, agents and employees any and all costs and expenses incurred by the Institution and facility and/or their officers, agents and employees in such action or proceeding including but not limited to, legal costs and attorneys' fees. 2. The caterer shall deliver the written notification and a Certificate of Coverage to the Institution and• facility of insurance coverage: a. At the time.this.contract.and. any. contract renewal is.executed; P. Within 5.business days of any change in insurance or terms of insurance. 3. The caterer's failure to maintain the minimum levels of insurance coverage described in this contract in force during the term of this contract shall be grounds -for the Institution to declare the caterer in default of the.contract and immediately terminate the contract for failure to perform. . . . 4. The following levels of insurance are required to be in force under the terms of.this.contract - throughout the entire term ofthis.and any renewal of this contract: a. Worker's Compensation in accordance with applicable state laws and regulations and Employer's Liability Insurance with a limit of not less than $100,000.00; b. Comprehensive General Liability Insurance covering all operations and services under the contract with limits of bodily injury and property damage coverage of not less than $500,000.00 combined single limit issued on a per occurrence basis; and • c. Comprehensive Automobile Liability Insurance, including owned, non -owned and hired.vehicle . . coverage of not less.than $300,000.00 combined single limit, issued on a per occurrence basis. K. Conflict of Interest: Complete the Caterer Conflict of Interest Questionnaire and provide the completed questionnaire to the institution as part of the complete contract submission. This record is a required prerequisite to the execution of the contract. FFY 2071-2012 23 ill, The institution or facility Agrees to: A. Receiving catered meals: It is the responsibility of the Institution or facility to ensure the meals delivered meet contract requirements and are properly maintained and stored until served. Prior to signing a delivery ticket, the Institution or facility staff must: 1, Verify the number of meals ordered and menu items. Any damaged or incomplete meals shall not be accepted and will not be included when the number of delivered meals is determined. 2. Verify cold foods are delivered at or below 41°F. Any cold foods delivered at or above 42°F will not be accepted. 3. Verify hot foods are delivered at or above 135°F. Any hot foods delivered at or below 134°F will not be accepted. 4. Follow CCFP Food Safety and Sanitation Requirements and other governing food safety and sanitation requirements. B. Payment to the Caterer:. The Institution or facility must make prompt and complete payment to the caterer within 5 days of receiving CCFP reimbursement for the corresponding claim month. C. Meal Order Changes: 'The Institution or facility shall be entitled to add or -delete -facilities from its•meal delivery orders and to • change the number of meals ordered. The Institution or facility must: 1. Complete a Catered Meal Order Change Form, Attachment 10; 2. Fax to the caterer by 5:00 p.m. 2 days prior to the scheduled delivery; 3. Notify the. caterer two weeks in advance of any non -emergency closure, including holidays; and 4, Receive confirmation from the caterer regarding changes in number of meals ordered. D. CCFP Catered Meal Records: The Institution or facility shall maintain bobks and records pertaining to this contract and shall be available for a period of three years from the date of submission of the final claim for reimbursementor until the final resolution of any audits for inspection and audit by representatives of the Florida • Department of Health, the Florida Department of Law Enforcement, and U.S. Department of Agriculture. These records shall include: 1. Documents to support award of this contract . 2. The contract and all addendums or changes 3. Delivery records and meal change form confirmations 4. Invoices .and proof of payments to caterer 5. All other documentation to support meals claimed . THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK PPY 2011-2012 24 IV. List of Attachments: Incorporated and Adopted by Reference into the Terms and Conditions. of This Contract: Attachment 1 — Child Care Food Program Meal Pattern for Children and Additional CCFP Meal Pattern Requirements for Children Attachment 2 — Institution's Chosen Cycle Menu (A, or B, or C) . Attachment 3 — Minimum Food Specifications and Exhibit A — Grains/Breads Requirement for Child Care Food Program Attachment 4 — Child Care Food Program (CCFP) "Boxed Lunches" Menus Attachment 5 — Meal Services to be Provided Attachment 6 — Delivery Schedule Attachment 7 — Price Schedule Attachment 8 L. Institution Conflict of Interest Questionnaire Attachment 9 — Caterer Conflict of Interest Questionnaire Attachment 10 — Catered Meal Order Change Form . Attachment 11 — Bidder Acknowledgement Form Attachment 12 - Certificate of Independent Price Determination . THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK FFY 2011-2012 25 I have been advised to seek legal counsel before signing this CCFP Standard Catering Contract. I have read and agree to the statements and terms in this contract By this signature, 1/we warrant and affirm that we have no financial interest in the Institution or facility. Should such financial interest be later found, this contract and all reimbursement under it shall be refundable to the CCFP from the date such financial interest existed. FO Original Signature of Authorized Caterer Representative and Accepting Responsibility in the name of the Caterer Printed Name of Authorized Cater Repres ntative Titre 2-1 Data Corhpany Name OrJ aakSignature of Witness to Caterer C9•—CIZI2Xe C)— . Printed Name of Witness to Caterer Dated I have been advised to seek legal counsel before signing this CCFP Standard Catering Contract. I have read and agree to the statements and terms in.this contract. By this signature, I/we warrant and affirm that we have no financial interest in the Caterer. Should such financial interest be later found, this contract and all reimbursement under it shall be refundable to the CCFP from the date such financial interest existed. All required CCFP review and approval of the terms of this contract have been obtained in advance of final execution of this contract. FOR INSTITUTION/FACILITY: Se-a�;.,-� Original Signature of Authorized /nstit tion/facility Representative and Accepting R.esponsibility_in the name of the Institution/facility Printed Name of Authorized institution/facility Representative Title Dated Organization Name and CCFP Authorization No, ATTEST: Original Signature of Witness to institution/facility Printed Name of Witness to Institution/facility Dated FFY 2011-2012 26 City Signature Page for: Florida Department of Health Bureau of Child Care Food Program (CCFP) Standard Catering Contract FFY 2011-2012 ATTEST: By: Priscilla A. Thompson, City Clerk APPROVED AS FOR FORM AND CORRECTNESS: By: Julie O. Bra, City Attorney City of Miami, a Florida Municipal Corporation By: Johnny Martinez, P.E., City Manager APPROVED AS TO INSURANCE REQUIREMENTS: By: Calvin Ellis Risk Management Director Page 26A Attachment 1 Child Care Food Program Meal .Pattern for Children Children age one and older participating in the Child Care Food Program, must be served at least the total minimum amount of food authorized per meal as stated below in order to qualify for reimbursement. Child Meal Pattern Food Components: Age Group and Serving Size: 1 and 2 year olds: 3 — 5. year olds: 6 — 121 year olds: Breakfast (3 components) Milk" Fluid milk 1/2 cup 3/4 cup 1 cup Vegetables and Fruits1° Vegetable(s) and/orfruit(s) or Full-strength vegetable or fruit Iuice2 1/4 cup 1/4 cup 1/2 cup 1/2 cup 1/2 cup 1/2 cup Grains/Breads'," Bread or Cornbread, biscuits, rolls, muffins, etc. or Cold dry cereal4 or Cooked cereal grains or Cooked pasta or noodle products 1/2 slice 1/2 serving 1/4 cup or 1/3 oz. 1/4 cup 1/4 cup 1/2 slice. 1/2 serving 1/3 cup or 1/2 oz. 1/4 cup . 1/4 cup 1 slice 1 serving 3/4 cup or 1 oz. . . 1/2 cup 1/2 cup Milk11 Fluid milk ..1/2.cup .. . .... 3/4 cup.. . . _ . .1 cup ... Vegetables and Fruits0'10 Vegetable(s) and/orfruit(s), 2 or more 1/4 cup total 1/2 cup total 3/4 cup total . Grains/Breads3' 10 Bread or • Cornbread, biscuits, rolls, muffins, etc. or Cooked pasta or noodle products or Cooked cereal grains 1/2 slice 1/2 serving 1/4 cup 1/4 cup •1/4 1/2 slice . 1/2 serving . 1/4 cup . cup • . 1 slice . 1 serving 1/2 cup 1/2 cup Lunch/St (4 cornponent5 Meat and Meat Alternates" Lean meat or poultry or fish6 or Alternate protein products6 or cheese or . Egg (large) or Cooked dry beans or peas or Peanut butter -or soynut butter or other nut/seed butters or Peanuts or soynuts or tree nuts or seeds° or Yogurt, plain or flavored, unsweetened or sweetened 1 oz. 1 oz. 1 oz. 1/2 egg 1/4 cup 2 Tbsp. 1/2 oz. = 50% 4 oz. or 1/2 cup . 1 1/2 oz. ' ' ' - • 1:1/2 oz:... • . • 1 '1/2.oz. 3/4 egg 3/8 cup • 3 Tbsp. . 3/4 oz. = 50%. 6 oz. or 3/4 cup . 2 oz. 2 oz. . • 2 oz. 1 egg 1/2 cup 4 Tbsp. . 1 oz. = 50% 8 oz. or 1 cup Note: Milk must be served with each breakfast, lunch and supper meal. Between a child's first and second birthday, whole milk must be served. After the child's second birthday, it is required that lowfat or fat free milk be served. To encourage adequate calcium intake, lowfat flavored milk can be served. Conversions: 1/2cup =4fl.oz. % cup =6fl.oz. 1 cup = 8 fl. oz. 1 pint = 2 cups 1 quart = 2 pints = 4 cups 1 gallon = 4 quarts = 16 cups FFY 2011-2012 Attachment 1 (Continued) CCFP. Meal Pattern for Children Child Meal Pattern Food Components: Age Group and Serving Size: 1 and 2 year olds: 3— 5 year olds: 1 6 —12 year olds: • Snack' (Select 2 different components) Milk11 Fluid milk 1/2 cup 1/2 cup 1 cup Vegetables and Fruitsl0 Vegetables) and/or fruit(s) or Full-strength vegetable or fruit juice2 1/2 cup 1/2 cup 1/2 cup 1/2 cup 3/4 cup 3/4 cup Grains/Breads"' 1D Bread or Cornbread, biscuits, rolls,.muffins, etc. or Cold dry cereal' or Cooked cereal grains or Cooked pasta or noodle products 1/2 slice 1/2 serving 1/4 cup or 1/3 oz. 1/4 cup 1/4 cup 1/2 slice 1/2 serving 1/3 cup or 1/2 oz. 1/4 cup 1/4 cup 1 slice 1 serving 3/4 cup or 1 oz. 1/2 cup 1/2 cup Meat and Meat Alternates10 Lean meat or poultry orfish$ or ' Alternate protein products6 or cheese or Egg (large) or -Cooked -dry beans -or peas or ...... _. Peanut butter or soynut butter or other nut or seed butters or • Peanuts or soynuts or tree nuts or seeds or Yogurt, plain or flavored, unsweetened or sweetened 1/2 oz. 1/2 oz. 1/2 oz. . 1/2 egg .1/8 cup- . 1 Tbsp. 1/2 oz. 2 oz. or 1/4 cup 1/2 oz. 1/2 oz. 1/2 oz. 1/2 egg -1/8. cup - • .1 Tbsp. 1/2 oz. 2 oz. or 1/4 cup 1-oz. 1 oz. 1 oz. 1/2 egg .. -• .1/4 cup----.. 2 Tbsp. 1 oz. .4 oz. or 1/2 cup Children age 12 and up may be served larger portion sizes based on the greater food needs -of older boys and girls, but must be served the minimum quantities specified for children ages 6-12. '2'. • Vegetable or fruit juice rriusf befull-strength,pasteurized and 100% juice.' Unless orange or grapefruit juice, it must also be fortified with 100% or more of Vitamin C. 3. 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. Prepackaged grain/bread products must have enriched flour or meal or whole grain as the first ingredient. 4.. Cold dry cereal can be measured by volume (cup) or weight (ounces) whichever is less. 5. The serving size for lean meat, poultry or fish is the edible portion as served. 6. Alternate protein products must be equal to at least 80% of the protein quality of milk (casein) determined by the Protein Digestibility Corrected Amino Acid Score (PDCAAS) and must contain at least 18% protein by weight when fully hydrated or formulated. 7. At snack, select at least two different food components. Juice must not be served when milk is served as the only other component. 8. At lunch and supper, serve two or more kinds of vegetables(s) and/or fruit(s) or a combination of both. Full- strength vegetable or fruit juice must not be counted to meet more than one-half of this requirement., 9. At lunch and supper, no more than 50% of the meat/meat alternate requirement can be met with nuts or seeds.. Nuts or seeds must be combined with another meat/meat alternate to fulfill the requirement. For purpose of determining combinations, 1 ounce of nuts or seeds is equal to 1 ounce of cooked lean meat, poultry, or fish. 10. Servings can be an equal amount of any combination of this component. Note: Less than 1/8 cup of fruit or vegetables is not creditable. 1.1 . After the child's first birthday and prior to the second birthday, whole milk must be served. After the child's second birthday, it is required that lowfat or fat free milk be served. FFY 2011.2012 ii Attachment 1 (Continued) Additional Food Component Requirements Fluid Milk: . • After the child's first birthday and prior to the second birthday, whole milk must be served. • After the child's second birthday, lowfat (1 %) or fat free milk must be served. Vegetable or fruit or juice: • Vegetable or fruit juice must be full-strength, pasteurized and 1 D0% juice. Unless orange or grapefruit juice, it must also be fortified with 100% or more of Vitamin C. • Fruit juice must not be served more than once a day. . • Fresh, frozen or canned vegetables and/or fruits must be served at least twice a week on the breakfast menu and twice a week on the snack menu. Please note: For those centers that claim two snacks and onemeal, instead of two meals and. one snack, fresh, frozen or canned vegetables and/or fruits must be served at least twice a week at each snack time.. • Good vitamin A sources must be served a minimum of twice a week and must come from vegetables and fruits. • Good vitamin C sources must be served daily and must come from vegetables and fruits or fruit juice. . . . • . . _ . .... _._. '• Less than 1/8 cup of vegetables and fruits may not be counted to meet the vegetable/fruit component. Grains/breads: • Grain/bread.food must be whole -grain, enriched, or made•from whole -grain or enriched meal or flour. Bran and germ are counted as enriched or whole -grain meals or flours. Cornmeal, corn flour, and corn grits must be designated as whole or enriched to be creditable. Only ready -to -eat breakfast cereals containing 10 grams,of sugar or less per serving as stated on the Nutrition Facts label are allowed. Cereals with more than 10 grams of sugar per serving : • .• cannot be considered sweet grain/bread foods. • Sweet grain/bread foods must be whole grain or made with enriched flour or meal and may be credited as a bread serving at breakfast and snack only. Prepackaged grain/bread products must have enriched flour or meal or whole grains as the first ingredient listed on the package. • No more than two sweet grain/bread breakfast items and no more than two sweet grain/bread snack items may be served Der week (not to exceed four sweet items per week). Please note: Regardless of how many different types of snacks you offer (i.e. morning snack, • afternoon snack, and evening snack) — your CCFP menu must not contain more than two sweet grain/bread snack items per week. Meat or meat alternate: . • Commercially processed combination.. foods (convenience entrees — frozen or canned) must have a CN label or manufacturer's analysis sheet stating the food component contribution to the meal pattern. • A serving of cooked dry beans or peas may count as a vegetable or as a meat alternate, but not • as both components in the same meal. **Please note that donated foods cannot be used to contribute to the meal pattern requirements** FFY 2011-2012 i i i Attachment 2 Cycle Menu A efer to Child Care Food Program Meal Pattern for Children when planning portion sizes for age groups specified in this bid. ilk must be served with each breakfast, Lunch and supper meal. Milk must be served with snack as indicated. Between a child's first and cond birthday, whole milk must be served. After age 2, it is required that lowfat (1 %) or fat free milk be served. `Week One Monday Tuesday Wednesday Thursday Friday 3reakfast Orange Juice Cornflakes Milk Pineapple Tidbits Cinnamon Raisin Bagel creamCheese Milk • Fresh Orange Wedges 1 slice of Whole Wheat Cheese Toast Milk Pears French Toast (1 '1/2 slices) Syrup Milk Apple Juice Crispy Rice Cereal 1 slice of Whole Wheat Toast Margarine and Jelly Milk _unch/ Supper pp(Lettuce, Sliced Turkey 1 slice of Whole Wheat Bread Margarine EggNoodles ,Green Beans Sweet Potatoes Milk Beefaroni 1 serv.=1-1/2 oz. mt/mt alt. for 1-5 yr. olds and 2 oz. mUmt alt. for 6-12 yr. olds. Garlic Bread Tossed Salad Tomato, Cucumber) Lowfatltaliarr Dressing Fruit Salad Milk Fricase de Polio Brown Rice Plantains Spinach . Milk *Breaded Fish Ketchup Roll Mashed Potato Mixed Vegetables Milk Afri]Z Cifti Polio - 1 serv.= 1-1/2 oz. mf/mt alt. and 1 brd. for 1-5 yr. olds and 2 oz. mt/mt alt. and 1 brd. for 6-12 yr. olds. Cuban Bread or Roll Mixed Greens Salad (Spinach, Romaine, Tomato, Cucumber) Lowfat French Dressing Peaches Milk Snack Animal Crackers Applesauce Turkey (Cubed or sliced) Whole Wheat Bread Lowfat Mayo and/or Mustard Yogurt Flavored 4oz. cup Banana Carrots Assorted Whole Wheat Crackers Oatmeal Cookies Milk *requires a Child Nutrition (CN) Label. When a drink is not specifically listed with a snack, water is recommended as a beverage. (Note: water is NOT a creditable food item) ffective FFY 2011-2012 . = serving; mt/rnt alt. = meat/meat alternate; brd. = bread; veg. = vegetable iv Cycle Menu A (Continued) efer to Child Care Food Program Meal Pattern for Children when planning portion sizes for age groups specified in this bid. ilk must be served with each breakfast, lunch and supper meal. Milk must be served with snack as indicated. Between a child's first and s cond birthday, whole milk must be served. After age 2, it is required that lowfat (1%) or fat free milk be served. Week Two Monday Tuesday Wednesday Thursday Friday Breakfast Orange Juice g Crispix Cereal Blueberry Muffin Milk Seasonal Fresh Fruit Sausage Biscuit Milk Blended 100% Juice Honey Nut Scooters Cereal 1 slice of Whole Wheat Toast Margarine and Jelly Milk Peaches Whole Wheat English Muffin 9 Ish Margarine and Jelly Scrambled Egg Milk Orange Wedges Waffles Syrup Milk Lunch/ ,Supper ' Sliced Turkey Whole Wheat Roll Margarine Broccoli Pears Black eye peas Milk Midnight Sandwich .(Pork, Ham; Swiss Cheese,..- Pickles) 1 sand.= 1-1./2 oz. mt/mt alt. and 1 brd. for 1-5 yr. olds; 2 oz. mt/mt alt. and 1 brd for6-12 yr. olds Lowfat Mayonnaise & Mustard Tossed Salad (Lettuce & Tomato) Lowfat Ranch Dressing Apple Slices Milk *Salisbury Steak Gravy Whole Wheat Roll Mashed Potatoes Peas and Carrots Milk Picadillo Rice 1 slice of Cuban Bread Sliced Tomatoes Yucca Milk *Chicken Nuggets Ketchup Whole Wheat Bread Green Beans Corn Milk Snack Cuban Crackers Cheese Slice •Mixed Assorted Whole Wheat Crackers Fruit Graham Crackers Applesauce Banana Milk Grape Juice Fish Shaped Crackers (1 svg = 20 grams for all Kies) *requires a Child Nutrition (CN) Label. When a drink is not specifically listed with a snack, water is recommended as a beverage. (Note: Water is NOT a creditable food item) fective FFY 2011-2012 Srv. = serving; mt/mt alt. = meat/meat alternate; brd. = bread; veg. = vegetable Cycle Menu A (Continued) efer to Child Care Food Program Meal Pattern for Children when planning portion sizes for age groups specified in this bid. ilk must be served with each breakfast, lunch and supper meal Milk must be served with snack as indicated. Between a child's first and acond birthday, whole milk must be served. After age 2, it is required that lowfat (1 %) or fat free milk be served. We ree Monday Tuesday Wednesday Thursday Friday Breakfast Orange Juice Cinnamon Toasters Banana Bread Milk Mandarin Oranges 1 slice of Raisin Bread Milk Grape Juice Special K Milk Cantaloupe Cubes Pancakes Syrup & Margarine Milk Applesauce Breakfast Burrito (1 Tortilla, 1 Scrambled Egg,'/: oz Cheese, very mild Salsa) Hash Brown Potatoes LCInclif Supper pl Ropa Vieja Brown Rice Roll Mixed Vegetables Pineapple Milk *Breaded Chicken Pattie In sauce Roll Sliced Tomatoes and Lettuce Lowfat French Dressing Carrots Milk Meatloaf ketchup Whole Wheat Bread Tater Tots Broccoli Apple slices Milk Spaghetti (Whole Wheat Noodles) & Meat Sauce 1 serv.= 1-1/2 oz. mt/mt alt. and 1 brd. for 1-5 olds yr.Roast and 2 oz. mtlmt alt. and 1 brd. for 6-12 yr. olds. Garlic Bread Green Salad (Romaine Lettuce, Tomato, Cucumber) Lowfat Ranch Dressing Pears Milk Pork Moros Whole Wheat Roll Green Peas Orange Slices Milk Snack Vanilla Wafers Milk Hard Boiled Egg (1/2 egg) Saltine Crackers Blended 100% Juice Cottage Cheese Peaches Granola Bar Milk Assorted Whole Wheat Crackers • Fruit Cocktail equires a Child Nutrition (CN) Label. When a drink is not specifically listed with a snack, water is recommended as a beverage. (Note: Water is NOT areditable food item) fective FFY 2011-2012 Srv. = serving; mt/mt alt. = meat/meat alternate; brd. = bread; veg. = vegetable vi Cycle Menu A (Continued) R s fer to Child Care Food Program Meal Pattern for Children when planning portion sizes for age groups specified in this bid. ilk must be served with each breakfast, lunch and supper meal. Milk must be served with snack as indicated. Between a child's first and cond birthday, whole milk must be served. After age 2, it is required that Iwfat (1 %) or fat free milk be served. Week Four Monday Tuesday Wednesday Thursday Friday Breakfast Blended 100% Juice Special I< Milk Orange Sections Blueberry Muffin Milk Seasonal Fresh Fruit 1 slice of Cheese Toast Whole Wheat Bread 1 Boiled Egg Milk Banana Whole Wheat English Muffin Peanut Butter and Jelly Milk Orange Juice Crispy Rice Cinnamon Roll Milk Lunch/ supper *Fish Sticks Ketchupages Whole Wheat Roll Mashed Potatoes Mixed Vegetables Cinnamon Apples Milk Seasoned Red Beans (3/8 c ages 1-5 and 'Ac 6-12) Brown Rice Green Beans Mixed Greens Salad (Spinach, Romaine, Tomato, Cucumber) Lowfat Ranch Dressing Milk Baked Chicken Roll Yellow Squash Broccoli Florets Lowfat Ranch Dip Milk Picadillo Cuban Bread or Roll Congri 1 serv.=1 brd. and 1 veg. Plantains Milk Hamburger Whole Wheat Bun Lettuce and Tomato Mustard, Mayo, Ketchup Tater Tots Green Peas Milk Snack Yogurt Flavored 4 oz cup Peaches Cheese (Cubed, string, or sliced) Whole Grain Sandwich Round Cuban Maria Cookies Milk Apple Juice Graham Crackers Animal Crackers Pears equires a Child Nutrition (CN) Label. When a drink is not specifically listed with a snack, water is recommended as a beverage. (Note: Water is NOT areditable food item) fective FFY 2011-2012 S rv. = serving; mt/mt alt. = meat/meat alternate; brd. = bread; veg. = vegetable vii Cycle Menu A (Continued) fer to Child Care Food Program Meal Pattern for Children when planning portion sizes for age groups specified in this bid. ilk must be served with each breakfast, lunch and supper meal. Milk must be served with snack as indicated. I3etween a child's first and s cond birthday, whole milk must be served. After age 2, it is required that Iwfat (1 %) or fat free milk be served. F vek Monday Tuesday Wednesday Thursday Friday Breakfast Grape Juice Biscuit Margarine A le Zings Milk Orange Wedges Cinnamon Raisin BagelCrispix Cream Cheese Milk Peaches Milk Banana Waffles (2 svg = 62 grams) Syrup Milk Apple Juice Egg and Cheese on Whole Grain Sandwich Round (1 round) Milk ►..unch/ Supper pp Roasted Turkey Gravy Whole Wheat Roll Whipped Potatoes Peas and Carrots Milk Ravioli 1 slice of Garlic Bread Broccoli Pears Milk Seasoned Black Beans (3/8 c ages 1-5 and'/: c ages 6-12) Brown Rice Whole Wheat Bread Green Beans Applesauce Milk Cuban Stew (with beef) 1 serv.= 1-1/2 oz. mt./mt alt. and / c veg. for 1-5 yr. olds; 2 oz. mt./mt. alt. and 3/8 c veg. for 6-12 yr. olds. Congri 1 serv.=1 brd. and 1 veg. Fruit Salad Milk `Pizza (made with whole wheat crust) Corn Tossed Salad (Lettuce & Tomato) Lowfat Ranch Dressing Milk Snack Cuban Crackers Fruit Cocktail Whole Grain Cheese Crackers Pineapple Tidbits Graham Crackers Oran Orange Juice String Cheese Tortilla Soft Whole Wheat Banana Bread Milk * equires a Child Nutrition (CN) Label. When a drink is not specifically listed with a snack, water is recommended as a beverage. (Note: Water is NOT a creditable food item) fective FFY2011-2012 Srv. = serving; mt/rnt alt. = meat/meat alternate; brd. = bread; veg. = vegetable viii Attachment 3 Minimum Food Specifications and Exhibit A — Grains/Breads Requirement The Caterer shall purchase and provide foods according to the following food specifications and Cycle Menu, Attachment 2. Contract price shall include price of food (including condiments), milk, disposable meal service products, packaging, utensils, preparation and transportation. The Caterer shall not be paid for unauthorized menu changes, incomplete meals, or meals not delivered within the specified delivery. time period. The Caterer must ensure that meals are delivered in packaging suitable for maintaining meals in accordance with local health standards. Containers and overlays must have airtight closures, be of non- toxic material, and be capable of maintaining internal temperatures of hot food at or above 135°F and cold foods at or below 41°F. Menu substitutions shall be made for emergency circumstances only and must be documented by the Caterer. The Caterer shall inform the Institution or facility of menu substitutions prior to delivery. A designee(s) of the Institution or facility shall ensure adequacy of delivery and meals, and verify food temperatures, before signing the delivery ticket. Date and time of delivery shall be noted and any cold food product delivered at or above 42°F or any hot food product delivered at or below 134°F will not be accepted. The Caterer shall maintain records supported by delivery tickets, purchase orders, invoices, production records for this contract or other evidence for inspection and reference to support payments, and claims. These records shalFalso include cooking temperatUreand holding•temperature io'gsstorage and transportation temperature logs of all foods catered to the Institution' and/or facilities. Must meet State and local standards lowfat, or fat free, or cultured specified by the Food and Drug Milk Note: Milk must be served with child's first and second birthday, birthday, it is required that lowfat - - - • - milk •maybe served for fluid milk. Must be. pasteurized whole, or buttermilk. Must contain vitamins A and D at levels Administration. each breakfast, lunch and supper meal. Between a whole milk must be served. After the child's second or fat free milk be served. If necessary, lowfat flavored _ _,_ . __ - . c Canned Frozen Fresh .0*W Beans, Baked Beans, baked, sauce containing brown sugar, ketchup and mustard sauce. U.S. Grade A or L i -fi ' `' 4E � fi .' JL. vi cif �? s '}y Y * •L use _ f'Y € � 4£ r'r� A�~ ,' 11 x '>�r y` �f � 3 : � ` --`" _ iS 1"i^`.ffi f}• ( rK, L. �'l 4.. M' *.-- b `.. fu g J �,L','. {3 '°�.z Beans, Black U.S. Grade A or Fancy %" 1..? . , .. J/ ti' f ,t, :. y1 i l .L y.".-.� ,yeaer iS -. Beans, Garbanzo U.S. Grade A or Fancy ri J r.y l r` h . M..._:: 21 J .5 tt } FT � r45 •, ..: _ ,b .:...; ,. ,..._, .--.ty s Beans, Green Cut, 1-'/", 4 sieve, U.S. Grade A or Fancy. U.S. Grade A or Fancy U.S. No. 1 Beans, Lima, Baby U.S. Grade A or Fancy U.S. Grade A or Fancy U.S. No. 1 Beans, Red Dark or light red, U.S. Grade A or Fancy, water ` r r T - i � fA d ary ..,:;; Broccoli -. .. Cut, U.S. Grade A or Fancy U.S. No, 1 Broccoli and Cauliflower :' ;:•.`':,_...:-. U.S. Grade A, 50% Broccoli, 50% Cauliflower U.S. No. 1 FFY 2011-2012 ix ]%getatilPS : Canned Frozen Fresh Broccoli, Ready- to -use _ ;. Florets — 1 to 2-3/4 in, by 1 to 1-1/2 in., U.S. •No. 1, USDA, QTV Carrots Sliced or diced U.S. Grade A, Fancy Sliced or diced U.S. Grade A Whole, U.S. No. 1 Carrots, Ready- to -use Baby -cut — 2 in., 3/8" to • 11/16", U.S. No. 1, from USDA inspected plant. Sticks — 3-3/4 in. to 4 in., 1/" to %", U.S. No. 1, from USDA inspected plant Carrot, Pineapple & Raisin Salad . ; Prepared salad pack — Must be from a USDA inspected plant. Cabbage U.S. No.1 Cabbage, Ready- to -use ._.....__ ..._. ..- r.: s _ i, . Shredded — Green, 1/16 in., U.S. No. 1, from USDA inspected ant. Salad mix —Shredded green cabbage shredded red cabbage and carrots mixed, U.S. No• 1, •from - USDA inspected -plant-.- -- --- Florets — 1 to 2-1/2 in. by 1- . _ Cauliflower, Ready -to -use F s; F .._.:rt1. ..: ....: ..: ftr,..... :.. S 1 .; ' _: K< _.. ? " to 1-1/2 in. U.S. No. 1, USDA, QTV Celery > i W ;,t �� „ fl, , ,, U.S. Extra No. 1 Celery, Ready -to- use lr �. ` A rt4 i '1�i Y J '� r i " k.a .. �..+S...r � s Y }" 4 ,` 3' . ` G ill?t SST KI � lJtOJ , � �,,,ax -tF ..„ 1 i i! 1, �dtE{� c :-.: x` f;.. .. �.. �.; Sticks — 1/2 in. by 4 in., U.S No, 1, from USDA inspected plant. Coleslaw ff ; _ }` r -` tt �, ,F' ` }„ ;` ,+1? -I' � � �41 x pY .t Prepared salad pack — Must'be from a•USDA cte plant. inspected Corn Vacuum pack, whole. kernel, golden sweet Midwest. U.S. Grade A or Fancy U.S. Grade A U.S. No. 1, with or without husk • Corn, Mexican U.S. Grade A or Fancy U.S. Grade A 4 ,, '� ` a '•,.` '-- N Cucumbers .., f 4 T U.S. No. 1 Greens (Collard, Mustard or Turnip) Chopped, U.S. Grade A or Fancy • Chopped, U.S. Grade A U.S. No. Lettuce - - f :, . ... • t _ , F s d Iceberg head - U.S. Grade No. 1 Romaine (or cos lettuce) • U.S. Grade No. 1 Lettuce, Ready to -use 5 4 A r . Chopped — Medium, iceberg, U.S. No. 1, from USDA inspected plant Salad mix, — Chopped iceberg lettuce and romaine, U.S. No. ifrom USDA inspected plant. FFY 2011-2012 tege#ati ' .'.' Canned Frozen Fresh Mixed Vegetables .. _..--- --..._ . U.S. Grade A or Fancy ... .._....---- -. .... .............. California Style - U.S. 7. Y S } V r Grade A, broccoli cuts, cauliflower florets, carrot cuts 5 Vegetable Blend - U.S. Grade A, 28% each corn and carrots, 17% each peas, and beans, 10% limas Italian Veoetables - U.S. Grade A, IQF sliced zucchini, cauliflower, carrot chunks, Italian green beans, lima beans and red peppers Oriental Style- U.S. Grade A, French cut green beans broccoli cuts, onion strips, sliced mushrooms, diced -red ... peppers :.-... , . n Okra u , y r-, , Cut, U.S. Grade A or Fancy U.S. No.1 Peas, Black Eye U.S. Grade B Monarch or Clemson varieties, light skin with dark eye U.S. No. 1 Peas, Green U.S. Grade A or Fancy U.S. Grade A U S No.1. Peas and Carrots U.S..Grade A or Fancy,x carrots shall not comprise U.S. Grade A, carrots shall npo comPrQse, less. than ... 20 /° by weight and peas shall not comprise less than 50% by weight a �` " z*srt � p r� — ,7 >` - '4 , f . bL-Tr, tc' „ 4 ti r - ��b 4 `� �" r ' . Peppers, Green, AP Red Yellow,` Orange ti• k_ > `" �� �3 r r �' s W , .� _ * F �rJt ' s - fi v F � n ° r tt�, n•rYtr Y �r rfi� U:S. No, 1 e- A Whole or pre-cut Julienne Pickles, Dill strips Prime Quality, firm, plump and uniform in size, cut length wise with kosher a 4 > 03" u r Pickles, Dill slices US Grade.B t k {, : Pickles, Sweet chip US Grade B, cross cuts or slices Potatoes Whole or sliced, U.S. Grade A p. ' U.S. No.1 Potatoes, French Fried - Crinkle cut, curls, or shoestring a r i - - ° `Y5, ' q r � `�_ ` -' ..;;- _-.,..�:.�,°,:—:�_.,::...�._ Especially made for oven preparation. Made from USDA Grade A Russet potatoes. Not pre -fried. 5 r :. ... ,..a.. , .....:::....� FFY 2011-2012 XI .. SVe.getiljh , ;::: Canned Frozen Fresh Potatoes, Mashed Canned instant mashed, pearl -style, made with vitamin C and milk substitute Or Dehydrated Instant granules with milk, Vitamin C enriched ' -- 1, Potatoes, Natural -cut wedge fries - 'a E" r r, �rti "` i - r 9 t '. -; - Uniform cuts, USDA Grade A, made from Russet _potatoes, Not pre -fried. 4,. - - 1 Potatoes, New Whole or sliced, Roasted redskin chunks. IQF, oven prep U.S. No. 1 Potatoes, Patty ' ' Hash brown oval patty, U.S Grade A, oven ready, a serving must equal% cup or 1/2 cup vegetable. Not pre- fried. `' `! ,- t - -;: Potatoes, Rounds ' ,. , :. USDA Grade A, Tater Tots, Gems, Vitamin C enriched. • ,1 °. Potatoes, Sweet .U.S. Grade Ain Light Yarn Patties- packed in USDA inspected plant U.S. No.1 Potato Salad # " £ « r ,, : - ' ,.....:... ;• Prepared salad pack — Must be from a USDA irispectad plant: Salsa Mild, containing all vegetable w/ minor amounts of spices. ` ; fr '� y :::,- y, u..,. - �F> ti r" Spinach Chopped, Grade A or Chopped, U.S. Grade A U.S. No.1 Squash, Yellow, 4; �, ,' :r :' ':. :* Sliced, U.S._Grade A or Fancy U.S. No.1 _Summer Succotash U.S. Grade A or Fancy , • carrots shall nof• .comprise• less than 25% by weight and peas shall not comprise less than 50% by •U,S: Grade A, carrots shall not comprise less than 25% by weight and peas shall not comprise less than 50% by weight. F ,, -' .... _ = ,t Three Bean Salad U.S. Grade A or Fancy,• mixture of green beans, wax beans, and dark or , n,�� ;xa' ,� rS p�M .. , 4, r< Y • }: /, fN _ { . t•..."i`-' ..•m - Tomatoes Whole, sliced, or crushed, U.S. Grade B or Extra xkry r ,.U.S. No.1• Tomato Sauce U.S. Grade B or Extra f r Vegetable Sticks is •Blend t • " < < •,` of corn, carrots, onions and green beans formed into uniform "stick" shape, slightly coated with crunchy breading. 4 sticks are equivalent to ' / cup vegetable requirement. Not pre -fried. i•s 2 , r ra t c 4� S y; kr, _ FFY 2011-2012 xii r..'i °,-.`: _ Canned Frozen Fresh Yucca I. Skinless, pre-cut Roots completely covered with bark -like skin, free from cracks, sliminess or mold. Zucchini Sliced, U.S. Grade A or Fancy U.S. No.1 : riiit::„ ° ;..; .-: Canned Frozen Fresh Apples (All varieties) U.S. Grade A, Sliced, regular pack in water. U.S. No. 1 Applesauce U.S. Grade A, Natural, _ �._ ... "k r y.' Apricot Halves U.S. Grade A, packed in own juice or unsweetened Bananas 'i Must be delivered to Institution with even bright yellow color, un-bruised• Fruit Cocktail U.S. Grade B or U.S, Choice, packed in own juice or unsweetened fruit ! h i r „n r ' =`{ a}; y ti Fruit Salad, Ready -to -serve • •sections, �. Y� ' L L �� -„ ,.,,_,.., r. t randgrapefruit Chilled — Florida Pack. Salad packed in plants with • continuous USDA inspection. Salad to include orange --pineapple chunks,-- - sections Grapefruit not to exceed 50%. Grapefruit (AU varieties) Sections, U.S. Grade B Choice. Whole, packed in own juice or unsweetened fruit juice. 1 x r r, 7 T n x fit � d »r: � fi✓ ij Sn } .. :`::.F: r :_.. ... Fresh- U.S. No, 1 Chilled — Sections, Florida Pack in light syrup. Sections packed under continuous USDA inspection. .juice, Ready -to- serve . (All varieties) All•juice must be 100%'fruit •or vegetable juice, USDA Inspected and pasteurized.' All • juice must be fortified with 100% or more of vitamin C unless it is orange or grapefruit juice. Juice must be delivered to the Institution ready -to -serve. . e Oranges F x Fresh- U.S. Fancy (All varieties) , + ,._ t �� r ..,, Chilled- US Grade A or Fancy Peaches _ U.S Grade B or U.S.. Choice, Halves or slices, A Yellow, cling stone,packed in own juice or unsweetened fruit tuice. • Y' U.S. No. 1 Pears U.S. Grade A, Bartlett, Halves or slices, packed in own juice or unsweetened U.S. No. 1 Pineapple (sliced, tidbits, cubes, or chunk) U.S. Grade B packed in own juice or, unsweetened - • . . U.S. No. 1 • Plantains Sliced, Individually Quick.Frozen, pre- cooked, oven ready. Ripe or green, ready to cook, . Prunes Dried, pitted, whole. U.S. Grade A Small or Medium FYY 2011-2012 ' `�����'���'�� �w Canned Frozen . .. rmo Fresh Seasonal Fresh Fruit^� -`- ' _� ' ` ^�' �' �, ~ ' - Cantalouoe -^FuUaUp" stem fe*a�omlumps . orsoft spots. Honeydew-Bymmathcai firm -not rock -hard, free from lumps orsoft spots. Strawberries - U.S. No. 1 Watermelon without withoutseeds, duU'oWn. no flat sides, has hollow aoundvvh�ntspp�d . ds ge Pre -packaged sweet items: ' <G����Ce�a and Granola Bars, Cookies, Muffins, Quick Breads) grain ��h�����i�r�m����'����i��ie����� package. Ready -to -Eat Cereals Must contain 10 grams of sugar or less per serving as stated on the Nutrition Facts Label. Product must bewhole grain, enriched, orfortified. All Other groin/bread- ' - products Must meet Grain/Bread Requirement for Child Care Food Program, Exhibit A. Must be-vvho|o-gnain.-enriohed.ormade-from vvho|e'grain'npenriched meal -or flour - Bran and germ are credited in the same way as are enriched or whole grain meals or flours. Cornmeal, corn flour, and corn grits must bedesignated aawhole orenriched to ,-�v. Beef, Breaded country fried patties Frozen, fully cooked. CNLabel required. Minimum 2.QDoz,patties toprnvde1.5Ooz. meat/meat alternate and 1serving ofbread for children ages 1'5. Minimum 3.88 oz. patties toprovide 2.0Ooz. meat/meat alternate and 1'1/4serving ofbnead for children Beef, Canned Cubed Lean meat on�. inu�e. ��inch'to 1 inch cubes. USDA inspected. ' ' Beef, Ground Beef, around, bulk, frozen; |MPa13G;8O:2Olean tpfat ratio orless than 2O96fat. Beef, Patties Frozen, fu||ycooked. CNLabel required. Minimum 1.Q5oz. flamobroi|adbeef patty to provide 1.50 oz, meat/meat alternate fornhi|dren ages 1-5. MinimWm 2.50 oz. flamebmi|ed beef patty to provide 2.00 oz. meat/meat alternate for children ages6-12. Ingredients: Ground beef (not more than 30% fat), water, vegetable protein product, spices and seasonings. Nodried whole eggs o,MSG allowed. Beef, Salisbury patties Frozen, fully cooked. ON Label required. Minimum 2.14oz. patty to provida2.00 oz. meat/meata|ternate. Ingredients: Ground beef (not more than 5O"/ofat>water, vegetable protein Beef, Shoulder Clod Roast USDA Grade Good 12'14lb. Roaots., Frozen. The shoulder clod roast \sthe same as the IMPs 114 except that the shoulder (cutaneous muscle) shall be removed when the underlying fat must be trimmed to comply with the Surface fat thickness requirements. The heavy tendons at the elbow end of the cold shall be trimmed even with the lean and all sides shall be trimmed so that the Clod is not less than V thick at any point. When smaller toasts are specified, the thick end of the clod shall be made into one roast and the thin end shall be split length-vvise, the ends reversed and the boned surfaces placed together boproduce auniformly thick roast. These roasts. shall beheld intact bytyinq girthwiee. |k0Po Item #144A. ` :iv . „ l ..� d e-� 4ku b i44J :1Vleat/Meat dr tiii!F, d u14 ye„„....��}.....� _ F � ..,.. _ /.1A '.. �t,u.. '1 , . 4 w� ,y lipid K a �F h al 1�� .:-,- 1"I ,a .cs. .— Beef, for Stewing . USDA Standard Grade. IMPS 135A. Cutting with electric saw will be permitted. Meat with dark discoloration, all bones, cartilage, back strap, exposed large blood vessels, heavy connective tissue and the pre -scapular lymph gland shall be removed. The thick tendinous ends of the shank shall be removed by cutting back until a cross sectional cut shows at least 75% lean. Not less than 75%, by weight, of the diced pieces shall be of a size which is equivalent of not less than a'/ inch cube or not more than a 1 '/ inch cube and no individual surface of these pieces shall exceed 2 '/ inches in length. This item is the same as IMPs 135 Diced Beef except that the surface or seam fat of the boneless meat prior to dicing shall not exceed %4 inch in any thickness at any one point. In addition, the fat content of the boneless meat determined visually shall not exceed 20%. Container to provide proper labeling and identification and USDA Inspection Stamp. Cheese (Cubed, loaf, shredded or sliced) Processed — American, U.S. Standard Grade. Cheddar — U.S. Grade A. Mozzarella — Low moisture, Part skim, 10D% natural cheese. Swiss — U.S Grade B Cheese, Cottage Pasteurized, plain — reduced fat, light and fat free or dry curd. USDA Quality Approved: . Cheese, Pimento Pasteurized process cheese spread. USDA Quality Approved. 2 oz = 1 oz meat/meat alternate. Cheese,Sauce.. . Canned,..rnild cheddar,.. U.SDA. Quality Approved,.3. oz := 1 oz meat/meat alternate., 1 1/2 . Chicken, Breaded patty Frozen, fully cooked. CN Label required. 3.00 oz. patty provides a 2.00 oz. meat/meat alternate and 1 serving of bread. Ingredients: Ground chicken, vegetable protein product, Chicken, 8 Piece Cut Raw individually quick frozen, ice glazed, cleaned and ready to cook, hand cut from USDA inspected grade A fryers. Portions shall be cut from 2-Y2 to 2-Y2 pound fryers., without giblets or necks. Average portion weight 4.5 oz. packaged in heavy-duty poly bags inside legibly labeled heavy duty master cartons. Average cases weight 27 Chicken, Drumsticks Raw individually quick frozen, ice glazed, clean and ready to cook, hand cut from .USDA inspected grade A fryers. Raw portion weight 3.7 oz. plus or minus %4 oz. Chicken, Nuggets Frozen, fully cooked. CN Label required. Minimum five 0.60 oz. nuggets to provide 2.00 cz. meat/meat alternate and 1-serving bread. Not pre -fried. Ingredients: Ground chicken, vegetable protein product, spices and seasonings. No MSG allowed. The Caterer must inform the Institution of appropriate serving sizes for 1-5 year olds Chicken, Strips Frozen, fully cooked. CN Label required. Chick strips are breaded with enriched flour and made from USDA inspected chicken. Eight strips equal 2 oz. meat/meat alternate and .75 bread components per portion. Packed 3/5 pound bags per cases. Not pre - fried. Approximately 680 strips per 15 pound cases. The Caterer must inform the Chicken, Thighs (No back) Raw, individually quick frozen, ice glazed, cleaned and ready to cook, hand cut from USDA inspected Grade A fryers. Raw portion weight 4.1 oz olus or minus'/z oz. .Packaged in heavy duty poly bags inside legibly labeled heavy-duty master cartons: Chicken, Whole Raw frozen, ice glazed, cleaned and ready to cook, USDA inspected grade A broilers, fryers, or hens. 'Average portion weight 6-8 lb. Packaged in heavy duty poly bags Eggs USDA inspected Grade A or better, 100% candled. Eggs may be raw in shell, fully Fish, Tuna Canned Chunk, light, in water, dolphin safe. Ft-Y , U17-LU12 14 Fish, Whiting Portion 3,6 oz. squares pre-cooked (not pre -tried), breaded (for oven use only), USDC Grade 'A'/l.3%fish flesh. No minced. To provide 2oz. u/meat and one serving of bread. USDCcontinuous Government inspection with USDC Seal on each box. CN Lobel required, Fish, Whiting Sticks . Pre-cooked (not pre -fried), breaded (for oven use only) 64�%- fish flesh. To provide .5oz of -meat and .5 serving of bread. No minced. USDC Grade /\. USDC continuous inspection with USDC Seal on each box. Four one ounce sticks per portion. CN Labe/ required. 160/oneoz. sticks per 1D#box. The Caterer must inform the Institution of appropriate serving sizes for ages 1^5(3 sticks) and ages 6'12 (4sticks). Peanut Butter US Grade A. smooth. Pork. Breaded ��y ' Fully cooked (not pre -fried), breaded. CN Label required. Minimum2.83 oz. patty to provide 1.5O oz. mea�meata!hernota and 1 serving ofbnaad.foFchildren ages 1'5. Minimum 375 oz. patty to prov|do2.DO oz, meat/meato/tornate and 1'1/4oen/ing of bread for children ages 6'12. ingredients: Ground pork(not toexceed 24Y6fat).water, vegetable protein product, spices and seasonings. Breading not toexceed 5OY6. Nodried whole eggs orMSG allowed. Pork, Ham - Lean, boneless. ouned, pressed, skinless Moist heat, Pullman, apppoximoba|y 4'1/4" square. Must befully 000ked, sectioned and formed. USDA' approximately Inspected and stamped. |[NPo#5O8. / Gmoked-ShortShank. S�inned Boned. Rolled and Tied. (Cured and Smoked). Ham is th?_5 8ame as- Ham-,- Skin |eas'.'comp|ete|y-boneless |K8Ps-#505-, -except that -the- ham -' shall not beencased inanartificial casing. The boneless hat shall berolled and string bed. Oe|i-B`|e-Round orflat buffet. Nobinders, fillers crsoy allowed. MinimumQ496 ' 1ean. Pork, Roast Raw, fresh or frozen. Boston butt, center |cin, or blade -end. U.S. Grade No. 1. less Pork, Sausage Pat�.Unkory�arketStyle. Lightly flavored. No artificial casings. Turhoy, Breast ` De|i-atyie.whole muscle, noasted/fuUycooked, bone|esa.skin|esa. minimum 8G6fat frae, may be smoked. Turkey, Ground Made from USDA inspected turkeys. 10}96turkey meat, no binders or fillers, minimum 8S96lean. Turkey, Roast Frozen, raw, USDA Grade A. Boneless. 60/40 white/dark ratio, wrapped in -natural � oWD^Detted. 8-10|b.oac.h. ' _ S ouooQe F ready � ��k Pe��n� �m 1�� ground turkey, which is derived from �z�n.na . turkey Carcasses ingood condition. NoTVPorfillers. Seasoned and formed togive Turkey, Slices Fully cooked. Made with no less than GDY6white meat, no skin added, no bindere, fi|\ero. orsoy allowed. Must beless than 1011/6 fat. Turkey, Whole. YounpTom Eviscerated, 1Glb, and over, USDA Grade A, Veggie Burger Hamburger Style Classic, frozen, 2.6oz. fully cooked HamburgerStyieCinasic � Barden burger _all vagatotda. Provides 2.0 oz. equivalent meat alternate for Child Yogurt Low fat or fat-fnae. P|ain, flovored, sweetened or unsweetened ' commercially prepared, 4 oz cups. ombination � �' I mo, , 4 r ° U , �4.1 , vim, ' � v -. ,+` ft „: 9'- i f I sla .xi sY ' r e E-* I, . ,i IG r Lim' (r' x �i'.. ..:' .• ,.�v,;,..--Jt...'.t �...r,,n-...� �e,_..:.,:_-'1—"`I . Foods �. I P i. r r� - _ � �4 ) r .7:-' ' I H x '' ,hr ��',. -,4rr, . ,-i..'-a�T_..-,��-,.. .. �:..'� ,.. )... !..,. _:�.;.'�'; Combination main dish food items must be made from a standardized recipe. A standardized recipe gives the number of servings, serving size, and minimum'meal contribution. Ingredients in these dishes must meet or exceed the minimumspecifications on previous pages. The Caterer must inform the Institution of the appropriate serving size. Note: Purchased, pre -prepared products must have.a CN label stating the serving size and meal contribution per serving with the exception of tune salad. The Caterer must inform the Institution of the appropriate serving size for CN Labeled products, Pizza, Breakfast Eaq and ham/bacon -Frozen, 50/50 part skim mozzarella cheese/cheese substitute blend, to provide 1 serving grain/bread, 1 oz. meat/meat alternate. CN Label required. Sausage and TVP product — Frozen, 50/50 part skim mozzarella cheese/cheese substitute blend, with red sauce, to provide 1 serving grain/bread, 1 oz. meat/meat alternate. CN Label required. Mozzarella Cheese whole Grain Pizza Stick • Frozen pizza stick, dough filled with low moisture, part -skim mozzarella cheese and substitute cheese, topped with shredded cheese. Each stick provides 1 serving grain/bread, 1 oz meat/meat alternate . CN Label required. Primary source of flour is to be whole wheat. 2 sticks required per child: Pizza, Wedge or Rectangle with Whole Grain Frozen cheese, or pepperoni, or sausage. Low -moisture, part skim mozzarella cheese 8" wedge or 4" x 6" rectangle, to provide 2 servings grain/bread, 2 oz. meat/meat alternate, 1/8 cup vegetable. CN Label required. Primary source of flour is to be whole Ravioli Meat or cheese ravioli in tomato sauce, ravioli to provide. 2 oz. meat/meat alternate. CN Label required. Sandwiches (Midnight, Ham and cheese, Turkey and cheese, Tuna Salad) Must provide•the minimum amount of meat/meat alternate and bread/grain per serving for children ages 1-5 and ages 5-12 as specified by the Child Care Food ,Program Meal Pattern for Children, Attachment 2. (Children age 1 and 2 shall receive the same minimum meal pattern amounts as children age 3-5.) Note: The Caterer must deliver sandwiches pre -assembled (not in separate, bulk food containers) to Institutions, unless requested otherwise by the Institution. FFY 2O1 i-2012 xvu Grains/Breads Reauirement for Child Care Food Program Refer to A Guide to Crediting Foods regarding criteria for determining acceptable Grains/Breads and minimum serving sizes. Exhibit A -- Grains/Breads for the Food Based Alternatives on the Child Nutrition Programs' Group A Minimum Serving Size for Group A . Bread Type Coating Bread Sticks (hard) • Chow Mein Noodles Crackers (saltines and snack crackers) Croutons Pretzels (hard) Stuffing (dry) note: v✓eights. apply to bread in stuffing 1 serving = 20gm or 0.7 oz. 3/ serving = 15 gm or 0.5 oz. '/z serving = 10 gm or 0.4 oz. %4 serving = 5 gm or 0.2 oz. Group B Minimum Serving Size for Group B Bagels Batter Type Coating Biscuits Breads (white, wheat, whole wheat, French, Italian) Buns (hambut* and -Of dog Crackers (graham crackers.- all shapes, animal crackers) . Egg Roll Skins, Won Ton Wrappers English Muffins . Pita Bread (white, wheat, whole wheat) Pizza Crust . Pretzels (soft) Rolls (white, wheat,•whole wheat, potato) Tortillas. (wheat.or corn) . Tortilla Chips (enriched or whole grain) Taco Shells 1 serving = 25gm or 0.9 oz. 3/ serving = 19 gm or 0.7 oz. - '/z serving = 13 gm or 0.5 oz. 1/4 serving = 6 gm or 0.2 oz. • Group C Minimum Serving Sizes for Group C Cookies' (plain) Cornbread Corn Muffins Croissants Pancakes Pie Crust (dessert pies', fruit turnovers'. and meat meat/alternate pies) Waffles 1 serving = 31 gm or 1.1 oz. 3/ serving = 23 gm or 0.8 oz. 1/4 serving = 16 gm or 0.6 oz. 1/4 serving = 8 gm or 0.3 oz.. • . . 1. Some of the following foods or their accompaniments may contain more sugar, salt and/or fat than others. This should be a consideration when deciding how often to serve them. , 2. Allowed only for supplements (snacks) served under the CCFP. 3. Allowed only for supplements (snacks) served under the CCFP and for breakfasts served under the CCFP. 4, Refer to program regulations for the appropriate serving size for snacks and meals served to children ages 1 through 5 in the CCFP. Breakfast cereals are traditionally served as a breakfast item but may be served in meals other than breakfast. Note: Cornmeal and corn flour and products using cornmeal and corn flour such as tortillas, tortilla chips, taco shells, cornbread, and corn muffins must include the words "whole" or "enriched" on the product label. FFY 2011-2012 xviii Exhibit A Continued Group D Minimum Serving Size for Group D Doughnuts' (cake and yeast raised, unfrosted) Granola Bars' (plain) Muffins/Quick Breads (all except corn) Sweet Rolla (unfrosted) Toaster Pastry3 (unfrosted) 1 serving = 50 gm or 1.8 oz, . 3/4 serving = 38 gm or 1.3 oz. % serving.= 25 gm or.9 oz. • • %4 serving = 13 gm or 0.5 oz. Group E Minimum Serving Size for Group E Cookies 2 (with nuts, raisins, chocolate pieces, and/or.fruit purees) . Doughnuts i (cake and yeast raised, frosted, or glazed) French Toast Grain Fruit Bars3 Granola Bars3 (with nuts, raisins, chocolate pieces, and/or fruit) Sweet Rolls' (frosted) Toaster Pastry (frosted) 1 serving = 63grn or 2.2 oz. '/4 serving = 47 gm or 1.7 oz. 1/2 serving = 31 gm or 1.1 oz. 1/4 serving = 16 gm or 0.6 oz. Group F Minimum Serving Size for•Group F Cake (plain, unfrosted) Coffee Cake' 1 serving = 75 gm or 2.7 oz. % serving = 56 gm or 2.0 oz. '/2 serving = 38 gm or 1.3 oz. '/4 serving = 19 gm or 0.7 oz. ..Group G • Minimum Serving Size•for.Group G Brownies` (plain) Cake2 (all varieties, frosted) 1 serving = 115 gm or 4 oz, • % serving = 86 gm or 3 oz. '/2 serving = 58 gm or 2 oz. 1/4 serving = 29 gm or 1 oz. Group H Minimum Serving Size for Group H Barley Breakfast Cereals4 (cooked) Bulgur or•Cracked Wheat Macaroni (all shapes) Noodles (all varieties) Pasta (all shapes) Ravioli (noodle only) Rice (enriched white or brown) 1 serving 1/2 cup cooked (or 25 gm dry) • Group I Minimum Serving Size for Group I • Ready to eat breakfast cereal' (cold, dry) 1 serving = 3/ cup or 1 oz, whichever is less 1. Some of the following foods or their accompaniments may contain more sugar, salt and/or fat than others. This should be a consideration when deciding how often to serve them. 2. Allowed only for supplements (snacks) served under the CCFP. 3: Allowed only for supplements (snacks) served under the CCFP and for breakfasts served under the CCFP. 4. Refer to program regulations for the appropriate serving size for snacks and meals served to children ages 1 through 5 in the CCFP. Breakfast cereals are traditionally served as a breakfast item but may be served in meals other than breakfast. Note: Only ready -to -eat breakfast cereals with 10 grams of sugar or less per serving as stated on the Nutrition Facts label on the cereal box are allowed under the CCFP. t=rY zU71-201.2 Attachment 4 CCFP "Boxed Lunches" (menus Below are five "box lunch" menus when requested by the Institution for field trips; the menus shall be rotated. Menu One Peanut butter and jelly sandwich Yogurt Carrot sticks Apple wedges Milk (1 Tbsp. peanut butter plus 4 oz. yogurt = 1-5 year old mt/mt alt. requirement; 1 Tbsp, peanut butter plus 6 oz. yogurt = 6-12 year old mt/mt alt. or 2 Tbsp. peanut butter plus 4 oz. yogurt = 6-12 year old mt/mt alt.) •Menu.Two Chicken pita (1 oz. chopped boneless chicken, 1/2 oz. cheddar cheese and % cup lettuce in whole wheat pita pocket — increase cheese to 1 oz for 6-12 year olds) ....... - -.. . ._Seasonal fresh fruit_ ._ .... ,.. _. Celery sticks 100% whole grain or 1 00% multi -grain tortilla chips Milk Menu Three Turkey and cheese sandwich on whole wheat bread Mayo/mustard . Sliced.cucumber and tomato Mixed fruit cup Milk Menu Four Ham and cheese sandwich on whole wheat bread Mayo/mustard Carrot and celery sticks Orange wedges Milk Menu Five Tuna salad on bun Broccoli florets Sliced peaches Pretzels Milk rrr LUl I-Gv.,G Attachment 5 Meal Services to be Provided 1) The Institution must select meal types and how food items shall be delivered by checking the appropriate boxes. Note: Breakfast, Lunch and Supper must include milk. Snack may include mill; according to cycle menu selected. ❑ Breakfast ❑ Bulk ❑ Unitized ❑ Lunch/Supper I� Snack O Bulk 0 Bulk O Unitized Unitized 2) The Institution must select milk type(s) and size(s) of milk container(s) to be delivered. Note: Between a ____ �ch ild:s_iirst_and_second_birthda�c,_whole_mill�_must.be_served._After_a_child:s_second_bi rthd aY.,_lov�at_or_fat_free_milk_is_. __.—._ _..—_ required. •Note: Contract price must include the price of milk to be included with program meals. The Caterer must charge separately should additional milk be requested by the Institution outside the scope of this Small Purchase contract. ❑ Lowiet (1%) ❑ Fat free (skim) Lowfat or fat free flavored ❑ Whole. 0 Gallon 0 Gallon milk 0 Gallon 0 Half -gallon 0 Half -gallon 0 Gallon 0 Half -gallon 0 Individual 8 oz. 0 Individual 8 oz. 0 Half -gallon 0 Individual 8 oz. cartons cartons Individual 8 oz. cartons cartons 0 Other: 0 Other: 0 Other: 0 Other: Maximum number of children age one: 3) The Institution must check below if the Caterer shall deliver sandwich foods in bulk or pre -assembled.. The Institution or facility must be authorized to assemble sandwiches onsite and have adequate storage space to hold sandwiches at proper temperatures. ❑ Bulk, Prefer the Caterer to deliver sandwich foods separately in bulk. Pre -assembled, Prefer the Caterer to deliver sandwiches pre -made. 4) The Institution must check below if the Caterer shall supply disposable meal service products. Note: See minimum paper product specifications below. Note: Contract price must include the price of disposable meal service products when the "yes" box below is checked. The Caterer may charge separately should additional quantities of disposable meal service products be requested by the Institution outside the scope of this Small Purchase contract. • • • 5) Yes, Caterer must supply disposable meal 0 No, Caterer not required to supply disposable meal service products, service products. Minimum Disposable Meal Service Products: 8 oz. paper cold cup 10 oz. paper cold cup 8 oz. foam cup 10 oz. foam cup 9 oz. soft plastic, translucent cup 10 oz. soft plastic, translucent cup • 9 in., 3-compartment, white, un- laminated foam or plastic plate • 10.25 in., 3-compartment, white, un- laminated foam or plastic plate • 4 oz. or 8 oz. foam container • 5• oz., white, impact bowl • 12X13, 1 ply, white, 1/4 fold napkins • Medium weight, plastic forks • Medium weight, plastic spoons • Individually wrapped plastic straws The Institution must check below if the Caterer shall supply with each delivery, clean serving utensils (scoops and/or ladles and/or measuring -serving spoons of standard sizes, disposable or stainless) to ensure appropriate serving size of foods as specified by the Child Care Food Program Meal Pattern for Children, Attachment 2 and the Cycle Menu, Attachment 3. Yes, Caterer•must supply serving utensils. ❑ No, Caterer not required to supply serving utensils. r'f y.2011 2012 xxi.._ -_ Attachment 6 Delivery Schedule To be completed by the Institution (in ink and retain copy) prior to execution of the Small Purchase contract and provided to the Caterer. (Make additional copies if needed.) Note: The Institution must delete or add facilities at least one week prior to the required date of service. The Delivery Schedule or other written notice must be used to add or delete facilities. Institution or Facility Address Telephone No. Contact Person African" Square 1400 Nw 62st (33147) (305)579-340 3 Richard Demerit Type of Meal* & Estirnatled Total No. Needed Per Day 12 r1s Desired Delivery Time(s) Armbrister 236 Grand Ave (33133) (305) 442-03 76 Robert Scott 3q Buena Vista 5300 2Ave (33127) (3-05) 795-233 4 Eddie -Gilbert 15.... n s Curtis 1901 Nw 24 Ave (33125) (.305)-6341496 1 Jose Soto 8 fT s Dorsey 1701 Nw 1 Ave (33136) (305)579-694 0 Joseph Wallace 14 Douglas 2755 Sw 37 Ave (33133) (3.05)461 680 5 'Jacqueline 40 11:00 am 10:00am 11:00am 11:00 am Fern Isle Gibson 2201 Nw llst (33128) 401 Nw 12 St (33128) (305) 643-714 (3.05)579-684 5 Eduardo Quintana 3 Ben Hanks 30 30 Grapeland 1550 Nw 37Ave (33126) 11:30am 10:O0am 11:00am 11:O0am (305)960-296 0 Sabrina Piartinaz 40 !r S 12:OOam. "B = Breakfast, L = Lunch, S = Supper, MS = Morning Snack, AS = Afternoon Snack, ES = Evening Snack FFY 2011-2012 xxii Attachment 6 Delivery Schedule To be completed by the Institution (in ink and retain copy) prior to execution of the Small Purchase contract ancj provided to the Caterer. (Make additional copies if needed.) Note: The Institution must delete or add facilities at least one week prior to the required date of service. The Delivery Schedule or other written notice must be used to add or delete facilities. Institution or Facility • Address Telephone No Contact Person Type Estimated Needed of Meal & Total Na. Per Day Desired Delivery Tim Time(s) Hadley 1300 Nw 50st (33142) (305)634-5791. Antavius'Howei 35 4 5 12:30pm Henderson 950 Nw 3rd St (33126) (305)575-5010 Pedro Grifol 17 /4 5 1.O0pm Jose Marti 351 Sw 4st (33130) (305)575-2103 German Meta 96 A S 1L:00am juan Pablo Duarte 2800 Nw 17Ave (33142) (305)635-2710 Mike Moreno .65 ill 5 12.00pm Kinloch 455 Nw 47Ave (33126) • (305)461-7203 John Dato 52 4.5 L0:30am Legion 6447 NE. 7Ave (33138)- .305)795-1826 Kim Sands 75 A-S 12.30pm Little Haiti 6301 NE 2 Ave (33150) :305)960-293/ Natasha Jenkins 45 a S• 11.00am Lummus 404 Nw 3St (3312B) :305)579-6934 Roberto Gonzalez 15 A- 1:(70pm Mooee 765 Nw 36st (33127) (305) 633-2089 Tyrone Miller 70 . 1L.00am *B = Breakfast, L = Lunch, S = Supper, MS = Morning Snack, AS = Aftemoon Snack, ES = Evening Snack FFY 2011-2012 Attachment 6 Delivery Schedule T be completed by the Institution (in ink and retain copy) prior to execution of the Small Purchase contract and provided to the Caterer. (Make a ditional copies if needed.) te: The Institution must delete or add facilities at least one week prior to the required date of service. Tlie Delivery Schedule or other ritten notice must be used to add or delete facilities. Institution or Facility , Address Tete bone No Contact Person Type of Estimated Needed Meal* & Total No. Per Day Desired Delivery Time(s) horning Eange Side 750NE 55 Terr (33137) (305)751-2143 Omar Bayona 30 4 5 .11:00am 525 Nw 62Sti (33150) (305 759-1$65 Lewis s Mahoney 50 S 1?n00 Rrnhertn C1emPnte 101 Nw 34St (91127) (305)57176111 .snap Mnran 15 Pm 1i•'10am Shonando 1i 1fiC10—�w21 Ave ir33±45) ('105)R5O-2_71B—A.d-ina Di 140 _ ' Virrick 3255 Plaza St (33133) (305) 264-0341 Vicky Covington 75 4 9 11:-00a 10:30am Westend 250 Sw 60Ave (33133) (305)264-0341. Zhaoming Guan 120 14 S 12:30pm B = Breakfast, L = Lunch, S = Supper, MS = Morning Snack, AS = Afternoon Snack, ES = Evening Snack 'FY 2011-2012 Attachment 7 Price Schedule The Institution must complete columns 1 & 2 (in ink and retain copy) prior to obtaining price quotes from selected caterers. Caterer must complete remainder of form and return with price quote by date and time specified by the Institution. Name of Institution: CITY OF MIAMI CC FP Authorization No.: A-2384 Attachment 3 Cycle Menu Selected (A, B, or C): A Type of Meal per Contract Specifications Estimated Total No. of Meals per Day 1 Estimated No. of Serving Days per Year 2 Unit Price per Meal 3 Total Price 4 Breakfast (Ages 1-5*) Breakfast (Ages 6-12) Lunch (Ages 1-5*) Lunch (Ages 6-12) Supper (Ages 1-5*) _ Supper (Ages 6-12) Morning Snack (Ages 1-5*) Morning Snack (Ages 6-12) Afternoon Snack (Ages 1-5*) Afternoon Snack 6-12) (Ages 1146 202 _ E � � ' 'C, ©/ y (9 t -^ Evening Snack (Ages 1-5) Evening Snack (Ages 6-12) "Boxed" Lunches (Ages 1-5) "Boxed" Lunches (Ages 6-12) _ Note: "Boxed" lunches may be requested by the Institution for field trips. Institution must keep documentation of field trip and menu served. *Aaes 1.5 based on meal pattern portion sizes for ages 3-5. Grand Total 5 4,00 l o , %4l By affixing my signature on this quote, / hereby state that I have read all contract terms, conditions and specifications and agree to all terms, and conditions, provisions, and specifications. I certify that / will provide and deliver to the location(s) specified in the contract. Name of Caterer: Authorized Caterer Representative: Name and Title: (Print or Type) FFY 2011-20 ! 2 Ol/[b? v), (Da e) Attachment 8 institution Conflict of Interest Questionnaire The authorized Institution representative must complete this attachment. 1. Do you, your immediate family, or business partner have financial or other interests in any of the potential Caterers? 2. Have gratuities, favors or anything of monetary value been offered to you or accepted by you from any of the potential Caterers? • 3. Have you been employed by any of the potential Caterers within the last 24 months? 4. Do you plan to obtain a financial interest, e.g. stock, in any of the Caterers? 5. Do you plan to seek or accept future employment with any of the potential Caterers? 6. Are there any other conditions which may cause a conflict of interest? Yes ❑ If you answered Yes to any of the above questions, please provide a written explanation of your answer. N:7 I declare that the above questions are answered truthfully and to the best of my knowledge. Signature of Authorized Institution Representative Date xxtv Attachment 9 Caterer Conflict of Interest Questionnaire The authorized Caterer representative must complete this attachment. 1 Do you, your immediate family, or business partner have financial or other interests in the Institution of which you are submitting this contract? 2. Have gratuities, favors or anything of monetary value been offered to you or accepted by you from the Institution? 3. Have you been employed by the institution within the last 24 months? 4. Do you plan to obtain a financial interest, e.g. stock, in the institution? 5. Do you plan to seek or accept future employment with the Institution? 6. Are there any other conditions which may cause a cohflictof interest? Yes 0 El ❑• If you answered Yes to any of the above questions, please provide a written explanation of your answer. No f declare that the . o•ve estions are answered truthfully and to the best of my knowledge, ()1.kg) Signature of Auf orized Caterer Representative Date rrY 2011 2012 >TV Attachment 11 Bidder Acknowledgement Form This.section fo be:.completed bythe institution cr fiacihty ': Submit Bids To: Bids Will Be Opened: iis-cection to be cnmpl Caterer Name: Caterer Mailing Address: (Street and mailing) CITY OF MIAMI A-2384 (Name of Institution) (Authorization No.) Yusbel Gonzalez ygonzalez@miamigov.com (305) 416-1958 (Contact Name) (Phone No.) 3500 Pan American Drive City of Miami -City Clerk Miami, FL 33133 (Street Address) 3500 Pan American Drive City of Miami -City Clerk Miami, FL 33133 (Mailing Address) Friday, February ,10, 2012 2:00 PM EST (Date) (Time) _Bids..will.not_be accepfed.after_suchdate and_Time..___—_..____ ......___ .._ _ ____ .._._______ . d.b the Caterer Oc- Caterer Phone Number: (Area Code and number, include toll free if applicable) • Ca( ;__0L z i certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same materials, supplies or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the caterer and that the caterer is in compliance with all requirements of the itatioto Bid, including but notlimited to, certification requirements. Authorized Caterer Signature: Print Name and Title: - FFY 2011-2012 xxvii Attachment 12 Certificate of Independent Price Determination Both the Institution or facility and the Caterer (bidder) shall execute this Certificate of Independent Price Determination. CITY OF MIAMI Name of Institution t 1 I 1 , Name of Caterer A. By submission of this offer, the bidder certifies and in the case of a joint offer, each party thereto certifies as to its own organization, that in connection with this Invitation to Bid; 1) The prices in this offer have been arrived at independently, without consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such. prices with .any other bidder or with any competitor; 2) Unless otherwise required by law, the prices which have been quoted in this offer have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening of this advertised bid directly or indirectly to any other bidder or to any competitor; and . 3) No attempt has been made or will be made by the bidder to induce any person or firm to submit or not to submit, an offer for the purpose of restricting competition. •B. Each person signing this offer on behalf of the Caterer certifies that: 1) He or she is the person in the Caterer's organization responsible for the decision as to the prices being offered herein and has not participated, and will not participate, in any action contrary to A. 1) through A. 3) above; or 2) He or she is not the person in the Caterer's organization responsible for the decision as.to the prices being offered herein, but that he or she has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated and will not participate, in any action contrary to A. 1) through A. 3) above, and as their agent does hereby so certify; and he or she has not participated; and will -not participate;.in any -action contrary to A.. 1) • through A. 3) above. In accepting this offer, the institution certifies that no representative of the institution has taken any action which may have jeopardized the independence of the offer referred to above. Signature of Authorized Institution or facility Representative Title Date To the best of my knowledge, this Caterer, its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last three years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to biddi • o anycontract. (L v�illrl Signature of Authorized Caterer Representative Title ate Note: Accepting a bidder's offer does not constitute award of the contract. ;xviii