March 2015 - MSDE Large Purchase Prototype (ITB/RFP)

Request For Proposals

Vendor/Caterer – Meals Only

Agency: East Baltimore Community School, Inc.

2100 Ashland Avenue Baltimore, MD 21205

Site:

Harry and Jeanette Weinberg Early Childhood Center 2100 Ashland Avenue Baltimore, MD 21205

Erin Galloway, Interim Executive Director 443-642-4103

TABLE OF CONTENTS

PART I – GENERAL INFORMATION Page A. Intent 1 B. Bid Submission and Award 1 C. Incurred Cost 2 D. Subcontracts 2 E. Contract Terms 2 F. Pre-Bid Meeting/Questions 2 G. Late Bids 2 H. Bonding Requirements 2 I. Nonperformance and Excess Costs 2 J. Health Department Certification 2 K. Non-Payment for Spoilage 3 L. Gifts from Vendor 3 M. Advisory Board 3 N. Menu Template 3 O. Selection of Manager 3 P. Code of Conduct 3 Q. Economic Price Adjustment and Price Renegotiation 3

PART II – CONTRACT SCOPE A. General Requirements 4 B. Responsibilities of the Agency 4 C. Responsibilities of the Vendor 5 D. USDA Foods 6 E. Purchases 6 F. Sanitation 7 G. Additional Requirements 7 H. Use of Facilities and Equipment 7 I. License, Fees, Taxes 8 J. Terms and Termination 8 K. Recordkeeping 8 L. Revenue 9 M. Payment of Fees 9 N. Emergency Closings 9 O. Indemnification 9 P. Quantities 9

TABLE OF CONTENTS

PART III – BID QUALIFICATIONS A. Required Bidder Qualifications 10 B. Award Criteria 10

PART IV – RESOURCES A. Child and Adult Care Food Meal Pattern Requirements 11

PART V – APPENDICES A. Complete for Vendor/Caterer – Meals Only

A-1. Services Desired 12 A-2. Types of Program Meals Desired 13 A-3. Site Profile 14 A-4. Menu Template 15 A-5. Non-Collusion Affidavit 16 A-6. Certification Regarding Lobbying and Disclosure of Lobbying Activities 18 A-7. Bid Proposal 21 A-8. Bid Check and Bid Bond Information 22 A-9. Agreement Page 23

PART I

GENERAL INFORMATION

A. Intent This solicitation is for the purpose of entering into a fixed price contract for providing food services for East Baltimore Community School, Inc. hereinafter referred to as the Agency. The statements, items, and criteria set forth herein are minimal standards and items to be provided in the bid submission and the contractual arrangements.

B. Bid Submission and Award 1. Sealed bids on the forms provided and accompanying proposals must be submitted to Erin Galloway, Interim

Executive Director, by 10:00 a.m. on August 18, 2015. 2. The Agency reserves the right to reject any or all bids, if deemed to be in the best interest of the Agency. 3. To be considered, each bidder must submit a complete response to the Request for Proposals (RFP). No other

distribution of a bid or proposal is to be made by the bidder. Bidders must complete, sign, and submit Parts I, II, III, and all applicable Resources and Appendices.

4. Award shall be made to the responsible bidder whose bid or proposal is most advantageous (price and other factors

considered). A responsible bidder is one whose financial, technical, and other resources indicate an ability to perform as required by this invitation.

5. Bids tendered by mail should be addressed to East Baltimore Community School, Inc., 2100 Ashland Avenue,

Baltimore, MD 21205, ATTENTION: Erin Galloway, Interim Executive Director, Weinberg Early Childhood Center, with the exterior of the envelope plainly marked, “Food Service Bid.” Allow enough time for delivery before the due date.

6. If more than one proposal is offered by any one party, by or in the name of a clerk, partner, or other assistant or

employee, all such bids will be rejected. 7. Bidders or their authorized representatives are expected to fully inform themselves as to the conditions,

requirements, and specifications before submitting bids; failure to do so will be at the bidder's own risk and he/she cannot secure relief on the plea of error. If the bidder desires to personally examine the job site(s) to relate the conditions existing at each site to the requirements bidding document, the visits should be scheduled by contacting: Erin Galloway, Interim Executive Director (443-642-4103).

8. Bidders will comply with the following:

In accordance with Federal law and U.S. Department of Agriculture policy, participating institutions are prohibited from discrimination on the basis of race, color, national origin, sex, age or disability. The U.S Department of Agriculture prohibits discrimination against its customers, employees, and applicants for employment on the basis of race, color, national origin, age, disability, sex, gender identity, religion, reprisal, and where applicable, political beliefs, marital status, familial or parental status, sexual orientation, or all or part of an individual's income is derived from any public assistance program, or protected genetic information in employment or in any program or activity conducted or funded by the Department. (Not all prohibited bases will apply to all programs and/or employment activities.)

If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, found at http://www.ascr.usda.gov/complaint_filing_cust.html or at any USDA office, or call (866) 632-9992 to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at program.intake@usda.gov.

Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339; or (800) 845-6136 (Spanish). USDA is an equal opportunity provider and employer.

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The Maryland State Department of Education does not discriminate on the basis of age, ancestry/national origin, color, disability, gender identity/expression, marital status, race, religion, sex, or sexual orientation in matters affecting employment or in providing access to programs and activities and provides equal access to the Boy Scouts and other designated youth groups. For inquiries related to Department policy, please contact: Agency Equity Officer, Equity Assurance and Compliance Office, Office of the Deputy State Superintendent for Finance and Administration, Maryland State Department of Education, 200 West Baltimore Street – 6th floor, Baltimore, Maryland 21201-2595, 410-767-0426–voice, 410-767-0431–fax, 410-333-6442–TTY/TDD.

9. The bid proposal of the selected vendor must be reviewed by the Maryland State Department of Education (MSDE) for regulatory compliance upon acceptance by the Agency and prior to final execution.

10. Any bid or proposal submitted shall be in accordance with the laws of the State of Maryland and regulations of the U.S. Department of Agriculture.

C. Incurred Cost The Agency is not liable for any cost incurred by any bidder prior to signing of a contract by all parties.

D. Subcontracts The use of subcontracts is not allowed.

E. Contract Terms This contract shall be for a period of one year beginning on or about September 1, 2015, and ending August 31, 2016, with the option of up to four one-year renewals by mutual written agreement between the Agency and the Vendor/Food Service Management Company (FSMC). Each contract extension must reviewed by MSDE prior to awarding the extension.

F. Pre-Bid Meeting/Questions Pre-bid meeting is NOT scheduled. Questions regarding this RFP must be submitted in writing and delivered to the

contract administrator not later than five calendar days after the “date sent” as indicated at the top of the cover sheet sent with the /RFP. Written answers to questions that change or substantially clarify the /RFP will be provided to all prospective bidders. All questions must be submitted in writing.

G. Late Bids Any bid received after the exact time specified for receipt will not be considered.

H. Bonding Requirement 1. Bid Guarantee: Bidder shall submit with the bid, a bid guarantee in the amount of five percent of the total bid price,

which shall be in the form of a firm commitment such as a bid bond, postal money order, certified check, or cashier's check. Bid guarantees will be returned (a) to unsuccessful bidders as soon as practicable after the opening of bids; and (b) to the successful bidder upon execution of such further contractual documents and bonds as may be required by the bid as accepted.

2. Performance Bond: At the option of the Agency, the Vendor may be required to procure a performance bond in the amount of not more than twenty-five percent (25%) of the total cost of the contract for one year for annual contracts exceeding $100,000, The Vendor’s bid shall include information relating to the Vendor’s surety company, and the estimated cost of the performance bond.

I. Nonperformance and Excess Costs

Nonperformance shall subject the Vendor to specified sanctions, outlined in the contract, in instances where the Vendor/ violates or breaches contract terms and/or federal and State law or regulation. In the case of nonperformance or noncompliance by the Vendor, the Vendor shall pay the sponsor for any excess costs that the Agency may incur by obtaining meals from another source. The Vendor will be paid by the Agency for all meals delivered in accordance with the contract and Program regulations. However, neither the USDA nor MSDE assumes any liability for the payment of differences between the number of meals delivered and the number of meals served.

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J. Health Certification and Inspection The Vendor shall have the most recent authorized State or local health official’s certification for any facility that it proposes to prepare meals and shall maintain such certification for the duration of the contract. The certification must cover the transport of food from the facility to the site.

K. Nonpayment for Spoilage No payment shall be made for meals that are spoiled or unwholesome at time of delivery, or do not meet detailed specifications as developed by the Agency for each food component specified, or do not otherwise meet the requirements of the contract.

L. Gifts from Vendor The State Agency’s or Agency’s officers, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from Vendor or potential Vendor. To the extent permissible under State law, rules, or regulations, such standards shall provide for appropriate penalties, sanctions, or other disciplinary actions to be applied for violations of such standards either by the State Agency's or Agency’s officers, employees, or agents, or by the Vendor/ or their agents.

M. Advisory Board If requested, the Vendor will participate and assist in the formation and establishment of a food service advisory board composed of parents, teachers, administrators, and students to assist in meal planning.

N. Menu Template 1. The 21-day Menu Template (see Appendices) must be used as a standard for the purpose of estimating average cost

per meal. The 21-day Menu Template must be adhered to for the first 21 days of meal service. Changes thereafter may be made with the approval of the Agency. However, any changes must equal or exceed the original 21-day menu.

2. Menus must comply with the requirements as described in the federal regulations 7 CFR Part 226. The Agency has outlined the requirements of the method for meeting the requirement in Part IV - Resource A a. All bids must include a 21-day Menu Template. The Agency will evaluate the 21-day Menu Template according

to the applicable program’s meal pattern requirements. b. The Agency may request information such as sample production records, recipes (USDA and/or local) and the

nutrient analysis of all manufactures’ products used to conduct an independent analysis of any menu in the 21-day Menu Template.

O. Selection of Manager If applicable, the Agency reserves the right to interview and approve the on-site food service manager.

P. Code of Conduct 1. The conduct of the Vendor/FSMC personnel shall at all times be above reproach. The Agency reserves the right to

discuss the conduct or performance with the Vendor/FSMC and require replacement of personnel within a reasonable time period, if such is warranted.

2. The Vendor/FSMC will incur the fee for criminal background clearance for all employees having contact with students.

Q. Economic Price Adjustment and Price Renegotiation Adjustment and/or renegotiation of management fees, meal prices, or food will be allowed in the subsequent years of the agreement. An adjustment or renegotiation allows the vendor to increase their price to the Agency and allows the Agency to demand a price reduction. If the vendor requests a price increase, the annual percentage increase must be based on the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index for Urban Consumers (CPI-U) for the applicable area (Baltimore area, Washington D.C. area, or Southern region) for the most recent 12-month period immediately preceding the month in which the contract expires, or ten percent, whichever is less. Before any fee or price increases can be implemented, the Vendor/FSMC must document through cost or price analysis the need for such price increase. The Agency must forward all documentation to MSDE for review and approval. If fixed price contract, no management fee increase may be implemented under this provision without prior written approval of MSDE.

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PART II

CONTRACT SCOPE A. General Requirements

1. The food service shall be operated and maintained as a benefit to the Agency’s students, faculty, and staff. 2. The food service shall be managed to promote maximum participation in Child and Adult Care Food Program

(CACFP). 3. The Vendor shall have the exclusive right to the food service program at the site(s) specified in the Appendices.

4. The Agency and the Vendor will operate in accordance with program regulations specified in 7 CFR Part 226 and 2 CFR Parts 400, 415, 416, et al, as applicable.

5. The Vendor shall provide the type of food service at sites as specified in the Appendices. By mutual agreement, sites may be added to or deleted. However, sites are limited to attendance units of the Agency.

6. Subcontracting is prohibited. 7. The Agency reserves the right to maintain food and beverage vending machines in its facilities or to have the

Vendor/ maintain the vending. Revenues must accrue to the Agency. 8. The Vendor shall be an independent Vendor and not an employee of the Agency. The employees of the Vendor are

not employees of the Agency. 9. The Vendor shall conduct the food service in such a manner as will ensure compliance with the rules and regulations

of MSDE and the USDA regarding the CACFP and any additions or amendments thereto. 10. The Agency shall have the ultimate legal responsibility for the conduct of the food service and shall supervise the

food service in such a manner as will ensure compliance with the rules and regulations of the MSDE and the USDA regarding the CACFP and any additions or amendments thereto.

B. Responsibilities of the Agency 1. The Agency shall ensure that the food service is in conformance with its Permanent Agreement and Permanent

Policy Statement for the CACFP. The Agency will make accessible a copy of both documents. 2. The Agency shall retain control of the quality, extent, and general nature of its food service and the prices to be

charged for meals. 3. The Agency maintains the responsibility for preparing and submitting financial and other reports and claims for

reimbursement to MSDE. 4. The Agency shall monitor the food service through periodic on-site visits to include inspection of meals, food

preparation, storage and service areas, and sanitation practices. 5. The Agency shall approve the menus and recipes or nutrient analysis, completed on USDA approved software, of

company-owned recipes for meals and other food to be served or sold to students to ensure compliance with rules and regulations of MSDE and the USDA.

6. The Agency shall retain signatory authority for the annual renewal application for participation in theCACFP. 7. The Agency shall ensure that all federally-donated food received by the Agency and made available to the Vendor/

shall accrue only to the benefit of the Agency’s nonprofit school food service and is fully utilized therein. USDA Foods may not be transferred to another Agency without permission from MSDE.

8. The Agency shall distribute, collect, and determine eligibility applications for free and reduced-price meals and/or free milk.

9. The Agency shall verify applications for free and reduced-price meals as required by federal regulations. 10. The Agency shall conduct performance, accountability, and other reviews as required by State and federal

regulations and guidelines. 11. The Agency shall maintain a system for contract administration to assure contractual compliance with contract

terms. The Agency shall monitor contract compliance on an ongoing basis and strictly enforce all contract provisions, including those related to the return of discounts, rebates, and applicable credits.

12. The Agency shall maintain a system for assuring that the Vendor/ operates the food service program in conformance with the Agency’s Agreement for participation in the CACFP.

13. The Agency shall comply with mandatory standards and policies relating to energy efficiency which are contained in the EmPOWER Maryland Energy Efficiency Act.

14. The Agency shall be responsible for the USDA Foods processing fees incurred if the Vendor/ declares bankruptcy. 4

15. The Agency shall establish an advisory board composed of parents, teachers, administrators, and students to assist in menu planning. 16. The Agency shall ensure that the Vendor fully discloses all discounts, rebates, allowances, and incentives received by

the Vendor/ from its suppliers. If the Vendor/ receives a discount, rebate, allowance, or incentive from any supplier, the Vendor/ must disclose and return to the Agency the full amount of the discount, rebate, or applicable credit that is received based on the purchases made on behalf of the Agency. All discounts, rebates, allowances, and incentives must be returned to the Agency on a monthly basis.

17. The agency will provide the Vendor a list of approved sites, along with projected number of meals for each site and will notify Vendor of site operational changes within a mutually agreed upon time frame.

C. Responsibilities of the Vendor 1. The Vendor shall serve, on such days and at such times as requested by the Agency:

a. Meals, priced as a unit that meet the requirements prescribed by State and federal regulations. b. Milk, served to children pursuant to established USDA meal pattern requirements.. c. Other foods as may be agreed upon by the Vendor/ and Agency.

2. The Vendor shall provide free and reduced-price meals or free milk to those children designated by the Agency. 3. If applicable, the Vendor shall implement the collection procedures specified by the Agency and approved by

MSDE. 4. If required, the Vendor shall implement the "Offer versus Serve" option at the food service sites specified by the

Agency. 5. The Vendor shall adhere to the 21-day Menu Template as specified by the Agency on Appendices A-4 for the first

21 days of meal service. Thereafter, changes in the menu may be made with prior approval of the Agency.

a. Menus must comply with the requirements, as described in the federal regulations 7 CFR Part 226. The Agency has outlined the requirements of the method for meeting this requirement in the Appendices.

b. If Agency desires, the Vendor/ must use USDA-approved software to complete an analysis of the 21-day menu cycle. Within ten days of award, the successful bidder must provide the sample production records, including anticipated number of students served and the serving sizes for each offering, recipes used or nutrient analysis, completed on USDA-approved software, of Company-owned recipes (USDA and/or local) and the nutrient analysis from the manufacturer of all products used.

c. The Agency will evaluate the 21-day cycle Menu Template according to the applicable program’s meal pattern requirements. The Agency may request information such as sample production records, recipes (USDA and/or local) and the nutrient analysis of all manufacturers’ products used to conduct an independent analysis of any menu in the 21-day cycle.

6. The Vendor shall cooperate with the Agency in promoting nutrition education and coordinating the Agency’s food service with classroom instruction.

7. The Vendor shall use the Agency facilities for the preparation of food to be served only at sites specified in the Appendices.

8. The Vendor shall make substitutes in the food components of the meal pattern or menu plan for disabled students whose disability restricts their diet and those students without disabilities who are unable to consume regular meals because of medical or other special dietary needs. Substitutions shall be made on a case-by-case basis only when supported by a statement of the need for substitutes that includes recommended alternate foods. Such statement shall, in the case of a disabled student, be signed by a medical doctor, or in the case of a student without disabilities, by a recognized medical authority.

9. Vendor shall deposit daily all monies in the Agency account. 10. The Vendor shall comply with all local and State sanitation standards. 11. The Vendor/ shall accept liability for any negligence on its part that results in any loss of, improper use of, or

damage to, USDA-donated foods. 12. If requested, the Vendor shall select, accept, and utilize USDA Foods, meeting at least 95 percent of the Agency’s

USDA Foods entitlement, subject to approval of the Agency. The Agency shall consult with the Vendor in selection of USDA Foods; however, final decision is made by the Agency. 5

D. USDA Foods 1. Any USDA Foods received shall accrue only to the benefit of the food service program and remain the sole property

of the Agency to which they were assigned. If the Vendor/FSMC is to purchase food as part of the bid price, the Agency shall receive credit based on the value stated in the WBSCM Value of Commodities Received Report or Entitlement/Bonus Detail Report.

2. The recipient agency may permit crediting for the value of donated foods through invoice reductions, refunds, discounts, or other means. However, all forms of crediting must provide clear documentation of the value received from the donated foods—e.g., by separate line item entries on invoices.

a. If provided for in a fixed-price contract, the recipient agency may permit a FSMC to pre-credit for donated foods. In pre-crediting, a deduction for the value of donated foods is included in the established fixed price per meal. However, the recipient agency must ensure that the Vendor/FSMC provides an additional credit for any donated foods not accounted for in the fixed price per meal—e.g., for donated foods that are not made available until later in the year.

3. The Vendor shall complete required annual USDA Foods site review. 4. The following statements apply to both fixed-price and cost reimbursable contracts. a. The Vendor must credit the Agency for the value of all donated foods received for use in the Agency’s meal

service in the school year or fiscal year. This must include both entitlement and bonus foods and include the value of donated foods contained in processed end products [in accordance with 7 CFR Part 250].

b. The Vendor will credit the Agency every month by including the amount on the monthly invoice. The method used will be in accordance with 7 CFR Part 250 or the Vendor will use the actual value of the donated foods.

c. Any activities relating to donated foods that the Vendor will be responsible for must be in accordance with the applicable requirements in 7 CFR Part 250.

d. The Vendor will use all donated ground beef and ground pork products and all processed end products in the Agency’s food service. Additionally, the FSMC will use commercially purchased foods of the same generic identity, of U.S. origin, and of equal or better quality than the donated foods, in the Agency’s food service.

e. The Vendor agrees that the procurement of processed end products on behalf of the Agency will ensure compliance with the requirements of 7 CFR Part 250 and with provisions of distributing or Agency processing agreements, and will ensure crediting of the Agency for the value of donated foods contained in such end products at the processing agreement value.

f. The Vendor will not enter into a processing agreement with the processor. g. The Vendor will comply with storage and inventory requirements for donated foods. h. The Vendor understands that onsite reviews of the Vendor/FSMC food service operation may be done by the

distributing agency, subdistributing agency, recipient agency, the Comptroller General, the Department of Agriculture, or their duly authorized representatives. The onsite reviews include a review of records to ensure compliance with requirements for the management and use of donated foods.

i. The Vendor will maintain records to document its compliance with requirements relating to donated foods in accordance with 7 CFR Part 250.

j. Extensions or renewals of this contract are contingent upon the fulfillment of all contract provisions relating to donated foods.

5. The use of donated foods or processed end products containing USDA Foods for special functions is prohibited.

E. Purchases 1. The Agency shall retain title of all purchased food and nonfood items. 2. The Agency shall submit to the Vendor food specifications to cover grade, purchase units, style, conditions, weight,

ingredients, formulation, and delivery time. a. The minimum food specifications are:

Dairy Products: Grade A; Meat: USDA Inspected; Fish: U.S. Government Inspected; Poultry: USDA Inspected; Canned Fruit & Vegetables: U.S. Grade A Choice 16; Fresh Fruit & Vegetables: U.S. No. 1 Grade; Frozen Fruits & Vegetables: Highest Quality

3. Once a year, the Agency shall compare prices of the 30 most-used food and nonfood items. The Agency will compare current vendor price for these items with at least two other local vendors' prices and maintain on file.

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4. Nothing in this contract shall prevent the Agency from participating in food co-ops or purchasing food from vendors with whom the Vendor normally does not do business.

5. The Agency may request that the Vendor use geographic preference for the procurement of unprocessed agricultural products which are locally grown and locally raised, and that have not been cooked, seasoned, frozen, canned, or combined with any other products.

F. Sanitation 1. The Agency shall remove all trash from the designated areas on a regularly scheduled basis. 2. The Vendor shall operate and maintain all equipment and food service areas in a clean, safe, and healthy condition in

accordance with standards acceptable to the Agency and comply with all applicable laws, ordinances, regulations, and rules of federal, State, and local authorities.

3. The Agency shall clean ducts and hoods above the filter line. 4. The Agency shall provide extermination services as needed. 5. The Agency shall clean the dining/cafeteria area, including tables and chairs, walls, floors, and window coverings

G. Additional Requirements Vendor agrees to comply with the following federal regulatory requirements: 1. All contracts over $2,500: Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards

Act. 2. All contracts over $10,000: Compliance with Executive Order 11246 and 11375 (Equal Employment Opportunity). 3. All contracts over $100,000: Compliance with Clean Air Act of 1970, Section 508 of the Clean Water Act,

Executive Order 11738 and Environmental Protection Agency regulations.

H. Use of Facilities and Equipment 1. The Agency shall make available without any cost or charge to the Vendor the areas of the premises agreeable to

both parties in which the Vendor shall render its services. 2. The Agency reserves the right, at its sole discretion, to use its facilities to sell or dispense any food or beverage

before or after the regularly scheduled lunch or breakfast periods provided such use does not interfere with the operation of the child nutrition programs.

3. The Agency shall return facilities and equipment to the Vendor in the same condition as received when the Agency uses the facilities for extracurricular activities.

4. The Vendor shall not use the Agency’s facilities to produce food, meals, or services for other organizations without the approval of the Agency.

5. The Vendor and the Agency shall inventory the equipment and supplies owned by the Agency at the beginning of the Program year, including but not limited to flatware, trays, chinaware, glassware, and kitchen utensils.

6. The Vendor shall maintain the inventory of expendable equipment necessary for the food service and at the inventory level as specified by the Agency.

7. The Agency shall repair and service equipment and make any structural changes needed to comply with federal, State, and local laws, ordinances, rules, and regulations.

8. The Agency shall be legally responsible for any losses of federally donated food which may arise due to equipment malfunction or loss of electrical power not within the control of the Vendor.

9. The Vendor shall not remove food preparation and serving equipment owned by the Agency from the Agency’s premises without prior approval.

10. The Vendor shall provide a written notification to the Agency of any equipment belonging to the FSMC within ten days of its placement on Agency premises.

11. The Agency shall not be responsible for loss or damage to equipment owned by the Vendor and located on the Agency premises.

12. The Agency shall make available sanitary toilet facilities for the employees of the Vendor. 13. The Agency and MSDE shall have access, with or without notice to the Vendor, to all of the Agency’s facilities used

by the Vendor for purposes of inspection, review and audit. 14. The Vendor shall surrender to the Agency upon termination of the contract all equipment and furnishings in good

repair and condition. 7

I. Licenses, Fees, Taxes 1. The Vendor shall maintain all licenses, permits, and health certification required by federal, State, and local law. All

employees having contact with students must undergo a criminal background check. The Vendor is responsible for the fee associated with this background check.

2. The Vendor shall have State or local health certification for any facility outside the Agency in which it proposes to prepare meals, and the Vendor shall maintain this health certification for the duration of the contract. If applicable, the transport of food prepared by the Vendor must also be certified by the appropriate health authorities.

J. Terms and Termination 1. This contract is effective for a one-year period commencing September 1, 2015, through August 31, 2016, with

options to renew annually, not to exceed four one-year renewals. 2. The Agency shall maintain a contract administration system ensuring that the contract is performed in accordance

with contract terms and specifications. 3. If the Vendor violates or breaches the terms of and conditions of this Contract, the Agency shall give the Vendor

written notice and an opportunity to cure the violation/breach. Should the Vendor fail to make reasonable progress to affect such cure, or correct the violation/breach, the Agency may assess the following penalties against the Vendor:

First written notification Correction or reasonable progress to affect a cure must be within five operating days. Second written notification for the same violation/breach Correction or reasonable progress to affect a cure must be made within five operating days.

Third written notification for the same violation/breach Correction or reasonable progress to affect a cure must be made within five operating days.

Failure to comply will result in loss of administrative fee for one day, per site involved. Failure to comply will result in loss of administrative fee for five days per site involved. Failure to comply will result in loss of administrative fee for ten days per site involved.

4. This contract may be terminated for cause by either the Agency or Vendor with a 60-day notification. 5. This contract may be terminated for convenience by the Agency. The Agency will determine the manner by which

this will be effected and the basis for settlement. 6. This contract includes the provision that the contract may be terminated by the Vendor provided the Vendor includes

the manner by which the provision will be effected and the basis for settlement. 7. This contract may be terminated by the Vendor due to circumstances beyond the control of the Vendor/Caterer

provided the conditions are included within this contract document. 8. The Vendor shall be subject to administrative, contractual, or legal remedies, sanctions, and penalties as may be

appropriate in instances where it violates or breaches contract terms.

K. Recordkeeping 1. The Vendor shall maintain such records as the Agency will need to meet monthly reporting responsibilities and the

claim for reimbursement, financial, and other reports to the MSDE. The Vendor shall report claims information to the Agency promptly at the end of each month.

2. The Vendor shall maintain such records as the Agency will need to support its claim and such other records as may be necessary to comply with federal and State laws and regulations, and must report to the Agency promptly at the end of each month. Such records shall be available, for a period of three years from the date of receipt of final payment under the contract, for inspection and audit by representatives of the Agency, MSDE, USDA, and the General Accounting Office, at any reasonable time and place. If audit findings have not been resolved, the records must be retained beyond the three-year period as long as required for the resolution of the issue raised by the audit. All Vendor records pertaining to the Agency shall be maintained at the Agency while the contract is in effect.

3. The Vendor shall not remove federally-required records upon contract termination. 4. The Agency may review and audit Vendor records pertaining to the Agency’s food service operation at any time

during the period of the contract. 5. The Vendor must submit all costs incurred pertaining to Agency food service within 30 days of the last day of each

month or the final day of the program. 8

L. Revenue 1. The Agency shall receive all revenue from the food service. 2. The food service revenue shall be used only for the Agency nonprofit food service. 3. The food service revenue shall flow through the Agency chart of accounts. 4. All goods, services, or monies received as the result of a rebate shall be credited to the nonprofit food service

account. 5. If reimbursement is denied as a direct result of the failure of the Vendor to comply with the meal requirements of this

contract, the Vendor shall assume responsibility of the amount denied.

M. Payment of Fees 1. The Agency shall pay the Vendor the billable expenses within 30 days of submission of an invoice date for each

monthly period of program operation. 2. The Vendor shall receive no payment for meals that are spoiled or unwholesome at time of delivery, or services that

do not meet the detailed specifications for a reimbursable meal in the meal pattern or do not otherwise meet the contract requirements.

3. The Vendor must credit the current market value of all federally-donated food to the Agency if the bid price includes food cost.

4. The Agency may withhold final payment upon termination of the contract until all federally-required records have been turned over to the Agency.

5. The Agency will not pay interest on monthly invoice charges from the nonprofit food service account.

N. Emergency Closings The Agency will establish procedures on a site by site basis for working with the Vendor when there is a snow emergency,

change in site schedule, field trips, unexpected closings or other events known to Agency that may affect participation in the meal program. Events not under the control of the Agency and acts of God shall not affect the guaranteed return to the Agency.

O. Indemnification The Vendor shall indemnify and save harmless the Agency against or from all costs, expenses, damages, injury or loss to which the Agency may be subjected by reason of any wrongdoing, misconduct, want of care, skill, negligence, or default in the execution or performance of this contract and shall save and keep harmless the Agency against and from all claims and losses to it from any causes whatsoever, in the matter of making, furnishing and delivering materials/services as called for in contract documents.

P. Quantities The dollar values and/or quantities stated herein are given as a general guide for bidding but are not a guaranteed

amount; they represent the best estimates of the Agency.

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PART III BID QUALIFICATIONS AND SUBMISSION

A. Required Bidder Qualifications 1. Provide evidence of five percent bid guarantee based on total contract price.

2. Provide evidence of current experience as a Vendor in schools, colleges and universities, hospitals, or commercial sector.

3. Provide references of Vendor contracts with other Agencies for a minimum of the past two years. 4. Provide a representative list of agencies and/or facilities with which you currently have a Vendor contract. 5. Provide a list of Agencies where contracts were lost in the past three years (maximum of ten). 6. Submit copies of Vendor financial statements (audited or reviewed preferred) for the past two years with an income

statement and balance sheet. 7. Submit required documents as indicated in the Table of Contents, Part V.

B. Award Criteria Criteria Weight Lowest bid 11 POINTS POSSIBLE

Quality of food delivered to agency:

Fresh, seasonal, local produce 10 POINTS POSSIBLE

Homemade food 10 POINTS POSSIBLE

Wide variety of food 10 POINTS POSSIBLE

Professionally-trained and experienced chefs 10 POINTS POSSIBLE

Experience and a process for implementing student feedback 10 POINTS POSSIBLE

Experience in conducting customer surveys and utilizing 10 POINTS POSSIBLE

agency feedback

Prior experience collaborating with agencies to 5 POINTS POSSIBLE

educate children/families about good nutrition

Prior experience with tuition-paying families 5 POINTS POSSIBLE

Prior experience with Early Head Start 5 POINTS POSSIBLE

Prior experience with Head Start 5 POINTS POSSIBLE

Food prep to serve family style 5 POINTS POSSIBLE

Dedicated area for preparing meals for 4 POINTS POSSIBLE

children with food allergies

TOTAL 100 POINTS POSSIBLE

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PART IV - Resource A Child and Adult Care Food Program Meal Pattern Requirements

MEAL 1-2 YEARS 3-5 YEARS 6-12 YEARS** BREAKFAST Fluid Milk* ½ cup ¾ cup 1 cup Vegetable & or Fruit or 100% Juice ¼ cup ½ cup ½ cup Cereal/Bread Alternate ⅓ ounce/½ slice ½ ounce/½ slice 1 ounce/1 slice SNACK (choose 2 of 4 components) Fluid Milk* ½ cup ½ cup 1 cup Vegetable/Fruit ½ cup ½ cup ¾ cup Bread/Alternate ½ slice ½ slice 1 slice Meat/Alternate ½ ounce ½ ounce 1 ounce LUNCH/SUPPER Fluid Milk* ½ cup ¾ cup 1 cup Meat/Alternate 1 ounce 1 ½ ounce 2 ounces Bread/Alternate ½ slice ½ slice 1 slice Vegetable and/or Fruit (2 servings total) ¼ cup ½ cup ¾ cup

*Children ages 2 and older must be served skim (non-fat) or 1% (low-fat) milk. ** CACFP Afterschool Meals include children up to age 18.

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APPENDIX A-1

SERVICES DESIRED An important part of contracting for food service is deciding which services the Agency wants provided. The following is a brief description of the options that are available. Once the desired service has been determined, check the appropriate box. X Vendor/Caterer – Meals Only Contract

Vendor/Caterer will provide all food supplies as per Agency specifications. The cost of the food will be a major part of the bid price

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APPENDIX A-2

TYPES OF PROGRAM MEALS DESIRED

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Check appropriate boxes Name of Program

X Single Choice Reimbursable Breakfasts, including infants: CACFP X Single Choice Reimbursable Lunches, including infants: CACFP ☐ Single Choice Reimbursable Suppers:

☐ Multi-Choice Reimbursable Breakfasts:

☐ Multi-Choice Reimbursable Lunches:

☐ Multi-Choice Reimbursable Suppers: X Afterschool/PM Snacks, including infants: CACFP ☐ Milk ONLY

☐ À la Carte (including catering)

☐ Adult Meals X Other (specify): CACFP

Organic milk

Bottle sterilization (preferred, not required)

SITE PROFILE APPENDIX A-3

Site Address Grade Levels Enrollment Type of

Service1

Meal Service Times

Number of Service Days

Avg. Daily Participation

Program Name(s)2

School Meals ONLY All Cash Sales except lunches

(i.e., milk, adult meals , a la carte) Weinberg Early Childhood Center

2100 Ashland Avenue Baltimore, MD 21205

Infant-5yrs

125(average

over the year)

BULK

Breakfast:

8:30am Lunch:

11:00am-Noon Snack: 3:00pm

242

125 (average over the year) CACFP

1 On-site, bulk satellite, or pre-plate satellite 2 NSLP (National School Lunch Program), SBP (School Breakfast Program), SMP (Special Milk Program), SFSP (Summer Food Service Program), CACFP (Child and Adult Care Food Program)

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APPENDIX A-4

21- DAY MENU TEMPLATE ___ Agency created menu / X Vendor created menu

___ School Meals X CACFP ___ SFSP X Breakfast X Lunch ___ Supper X Snack

SUNDAY

MONDAY

TUESDAY

WEDNESDAY

THURSDAY

FRIDAY

SATURDAY

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APPENDIX A-5

NON-COLLUSION AFFIDAVIT

State of Contract/Bid No. County of . I state that I am of

[Title] [Name of my firm]

and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this bid. I state that:

(1) The price(s) and amount of this bid have been arrived at independently and without consultation, communication, or agreement with any other FSMC, bidder, or potential bidder.

(2) Neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor approximate amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before bid opening.

(3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a bid higher than this bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid.

(4) The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive bid.

(5) , its affiliates, subsidiaries, [Name of my firm]

officers, directors, and employees are not currently under investigation by any governmental agency and have not in the past 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 bidding on any public contract, except as follows:

(6) I state that understands and [Name of my firm]

acknowledges that the above representations are material and important, and will be relied on by in awarding the contract(s) for which this bid is [Name of public entity] submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from

[Name of public entity]

of the true facts relating to the submission of bids for this contract. ____________________________________________

[Name and Company Position]

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SWORN TO AND SUBSCRIBED BEFORE ME THIS ___ DAY OF ___________, 20___. _____________________________________ Notary Public My Commission Expires:

INSTRUCTIONS FOR NONCOLLUSION AFFIDAVIT 1. This Noncollusion Affidavit is material to any contract awarded pursuant to this bid. 2. This Noncollusion Affidavit must be executed by the member, officer, or employee of the bidder who

makes the final decision on prices and the amount quoted in the bid. 3. Bid rigging and other efforts to restrain competition, and the making of false sworn statements in

connection with the submission of bids, are unlawful and may be subject to criminal prosecution. The person who signs the Affidavit should examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the bidder with responsibilities for the preparation, approval, or submission of the bid.

4. In the case of a bid submitted by a joint venture, each party to the venture must be identified in the

bid documents, and an Affidavit must be submitted separately on behalf of each party. 5. The term "complementary bid" as used in the Affidavit has the meaning commonly associated with

that term in the bidding process, and includes the knowing submission of bids higher than the bid of another firm, any intentionally high or noncompetitive bid, and any other form of bid submitted for the purpose of giving a false appearance of competition.

6. Failure to file an Affidavit in compliance with these instructions will result in disqualification of the

bid.

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APPENDIX A-6

CERTIFICATION REGARDING LOBBYING

Applicable to Grants, Subgrants, Cooperative Agreements, and Contracts Exceeding $100,000 in Federal Funds.

Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by section 1352, Title 31, U.S. Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to

any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of a federal contract, the making of a federal grant, the making of a federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award

documents for all covered subawards exceeding $100,000 in federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly.

Name of Organization Address Name/Title of Submitting Official Signature Date

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Vendor/FSMC completes this form ONLY if item (2) on the preceding Certification Regarding Lobbying is true.

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APPENDIX A-7 BID PROPOSAL

A. ______________ breakfasts per contract specifications. (number of)

$_____________ Each $_____________ Total

Letter A. per-meal cost includes:

$___________ Food $___________ Labor $___________ Supplies, disposables, etc. $___________ Administrative Management fee B. _____________ lunches per contract specifications. (number of)

$_____________ Each $_____________ Total

Letter B. per-meal cost includes:

$___________ Food $___________ Labor $___________ Supplies, disposables, etc. $___________ Administrative Management fee C. _____________ suppers per contract specifications. (number of)

$_____________ Each $_____________ Total

Letter C. per-meal cost includes:

$___________ Food $___________ Labor $___________ Supplies, disposables, etc. $___________ Administrative Management fee D. ____________ snacks per contract specifications. (number of)

$_____________ Each $_____________ Total

Letter D. per-meal cost includes:

$___________ Food $___________ Labor $___________ Supplies, disposables, etc. $___________ Administrative Management fee

BID GRAND TOTAL $_____________________ (Item A. + Item B. + Item C.+ Item D.)

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APPENDIX A-8

BID CHECK AND BID/PERFORMANCE BOND INFORMATION In submitting this signed bid, vendor certifies that the bid deposit check or bid bond and the performance bond are adequate to cover this bid. It is the responsibility of bidders to assure that their bonds are submitted prior to the opening date. Failure to abide by this obligation will result in bid rejection. TOTAL DOLLAR AMOUNT BID: $ BID CHECK SUBMITTED IN AMOUNT OF: $ OR BID BOND FILED AND SUBMITTED IN AMOUNT OF: $ BIDDERS MUST MAKE CERTAIN THAT THE AMOUNT OF CHECK OR BOND COVERAGE IS AT LEAST AS MUCH AS THAT SPECIFIED IN THE BID CONTRACT DOCUMENTS. In accordance with Presidential Executive Order No. 10936 dated April 24, 1961, in regards to identical bids, all bidders must state their federal Social Security Identification Number used on employer's quarterly federal tax returns. U.S. Tax Treasury Department Form 941.

Social Security ID Number:

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APPENDIX A-9

AGREEMENT PAGE The bidder certifies that he/she shall operate in accordance with all applicable State and federal regulations. The bidder certifies that all terms and conditions within the Bid Solicitation shall be considered a part of the contract as if incorporated therein. This agreement shall be in effect for one year and may be renewed by mutual agreement for four additional one-year periods. Debarment Certification: I certify that ________________________________ is not debarred or suspended from (name of Vendor/FSMC)

entering into contracts of $25,000 or more using Federal funds.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their duly authorized

representative this ________ day of _____________________, 20____.

ATTEST: AGENCY: _______________________ ____________________________________________

Name ________________________________ Title _________________________________ Date _________________________________

ATTEST: VENDOR/CATERER or FSMC: _______________________ _____________________________________________ Name ________________________________ Title _________________________________ Date _________________________________

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