Request for Proposal for Management of a School … for Proposal . for . ... Catering services as...

Fremont County School District #25 121 North 5th West

Riverton WY 82501 307-856-9407

Request for Proposal

for

Management of a

School Food Service Program

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Request for Proposal (RFP) for

Management of a School Food Service Program RFP of qualified companies for management of the school system's food service operation, which includes the programs, checked below: National School Lunch Program School Breakfast Program After School Care Snack Program Special Milk Program Fresh Fruit and Vegetable Program as described in Exhibit A,13,B and

Exhibit E. Summer Food Service Program as described in Exhibit A,13,A and Exhibit

C. Child and Adult Care Food Program as described in Exhibit A,13,C. Catering services as described in Exhibit A,14,A. Concessions as described in Exhibit A,14,B. A la carte items/meals Other:

The successful company shall be required to enter into a contract that incorporates this Request for Proposal (RFP), including all of its exhibits, and the contractor's Proposal. Significant general contract terms and conditions will include, but are not limited to those in this RFP. The successful company will be chosen without any additional benefit associated with geographical preferences.

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Table of Contents

Reference Page

I. Background of Requestor _____________________________________________ 5 II. Purpose of Request ___________________________________________________ 5 III. Time Schedule _______________________________________________________ 5 IV. Instructions _________________________________________________________ 6 V. Selection Criteria _____________________________________________________ 7 VI. Basic Program Information ___________________________________________ 8 VII. General Requirements ________________________________________________ 8 VIII. Food Service Operations Requirements _______________________________ 10 IX. Miscellaneous SFA Rights ___________________________________________ 14 X. Accountability Requirements ________________________________________ 14 XI. Fee Structure _______________________________________________________ 16 XII. Licenses, Permits and Taxes _________________________________________ 17 XIII. Insurance and Indemnification ______________________________________ 17 XIV. Terms of Contract ___________________________________________________ 19

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School Food Authority (SFA) Exhibits Exhibit A

SFA Profile

Exhibit B

21-Day Cycle Menu – To be completed by FSMC

Exhibit C

Additional Summer Food Service Program Specification

Exhibit D

Participation for Prior School Year

Exhibit E

Fresh Fruit and Vegetable Program Requirements

Exhibit F

Price Schedule for Current School Year

Exhibit G

Financial Operating Statements for Prior Three Years

Exhibit H

Division of Costs for the Food Service Program

Exhibit I

Division of Responsibilities for the Food Service Program

Exhibit J

SFA Policies Impacting the Food Service Program

Contractor Exhibits Exhibit K Contractor Profile

Exhibit L

Certificate of Independent Price Determination

Exhibit M

Miscellaneous Contractor Proposals

Exhibit N

Annual Budget Projection

Exhibit O

Food Service Management Company Fee Proposal

Exhibit P

Personnel and Staffing Plans

Exhibit Q

Plans to Increase Program Participation

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Request for Proposal for

Management of a School Food Service Program

I. Background of Requestor-School Food Authority (SFA) Fremont County School District #25 (hereinafter referred to as the SFA) administers the U.S. Department of Agriculture's Child Nutrition Programs. The company issuing the proposal, under these specifications, will be hereinafter referred to as the CONTRACTOR. The contract will be between the CONTRACTOR and the SFA. Information about the SFA is provided in Exhibit A - SFA Profile. The Wyoming Department of Education, hereinafter referred to as WDE, administers the Child Nutrition Programs at the State level. Federal regulations require the aforementioned RFP and contract to be approved by WDE prior to implementation.

II. Purpose of Request

The purpose of this solicitation is to provide for the management of the SFA’s school food service operation. The CONTRACTOR will assume responsibility for the efficient management of the food service program including the responsibilities specified in Exhibit H, Division of Responsibilities for the Food Service Program.

III. Time Schedule

The SFA will use the following timeline to select a food service management company:

Date/Time Task 02/08/2013 Advertise Request for Proposal

02/20/2013 Pre-proposal Conference, Visitation 04/02/2013 Deadline for Proposals, Proposal Opening 04/15/2013 Contract Negotiation 04/23/2013 Award of Contract by Board of Education

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IV. Instructions

A. Further information or copies of the Request for Proposal may be obtained by writing or calling: FCSD #25, 121 North 5th West, Riverton WY 82501, 307-856-6513. All questions in regards to this RFP must be submitted in writing and be received no later than 2/20/2013. Any responses or clarifications will be transmitted to all other prospective bidders as an Addendum. Questions may be mailed, e-mailed, or faxed to the following: FCSD #25, 121 North 5th West, Riverton WY 82501, 307-856-6513, 307-856-3390 (fax), [email protected]

B. Three copies of the proposal must be submitted in sealed envelopes or containers marked plainly and prominently.

C. The proposal should be addressed to: Michael Collins, Business Manger

D. Proposals are due no later than 2:00 PM, April 2, 2013. No proposals will be accepted after the above due date and time. E. In accordance with competitive purchasing procedures the proposals will be

opened publicly. Proposals will be opened at 2:30PM, April 2, 2013. F. The SFA reserves the right to reject any and all proposals and to waive any

"informalities" in the proposals received whenever such action, rejection, or waiver is in its best interests.

G. The SFA reserves the right to solicit best and final offers from the three

most responsive bidders after a joint conference with these bidders.

H. The bidder is responsible for personally examining the job sites where work under the proposal document is to be performed. Such visits will be scheduled through Sharon Campbell.

A pre-proposal conference to review the contents of the Request for Proposal and to arrange inspection visits will be held on February 20,

2013, at 10:00 a.m. at FCSD #25 Central Office, 121 North 5th West, Riverton WY 82501. 307-856-6513.

I. The SFA will accept no pleas of ignorance regarding any item in this

contract as a basis for any claim by the CONTRACTOR for extra charges or fees.

J. Please ensure that all of the following required exhibits are completed and

included in your proposal package.

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mailto:[email protected]

IV. Instructions, continued Exhibits A-J

Basic Program Information

Exhibit K

Contractor Profile

Exhibit L


Exhibit M


Exhibit N


Exhibit O


Exhibit P


Exhibit Q


Performance Security as specified in Section XIV

V. Selection Criteria

The final selection will be subject to review and approval by the SFA’s governing board.

A. Qualifications and experience of management team as presented in Exhibit

K.

B. Adequacy of client references as requested in Exhibit K. C. Compliance with Certificate of Independent Price Determination as

presented in Exhibit L. D. Miscellaneous Contractor Proposals as presented in Exhibit M. E. Anticipated program costs, including a detailed analysis of such costs, as

presented in Exhibit M., Annual Budget Projection (applicable to only Cost Reimbursement Contracts)

F. Food service management company fee(s) as presented in Exhibit O.

G. Personnel and staffing plans as presented in Exhibit P. Page 7 of 20

V. Selection Criteria, continued

H. Plans to increase program participation as presented in Exhibit Q.

I. Adequacy of performance security as specified in Section XIV.

J. Quality of food service

VI. Basic Program Information

Information in the following exhibits is provided to assist the CONTRACTOR in preparing a response to this Request for Proposal.

Exhibit A SFA Profile Exhibit B 21-Day Cycle Menu Exhibit C Summer Food Service Program Specifications Exhibit D Participation Exhibit E Fresh Fruit and Vegetable Program Requirements Exhibit F Current Price Schedule Exhibit G Financial Operating Statements Exhibit H Division of Costs for the Food Service Program Exhibit I Division of Responsibilities for the Food Service Program Exhibit J SFA Policies Impacting the Food Service Program

VII. General Requirements

A. SFA Retains Control: The SFA shall retain control of quality, extent and general nature of its food service.

B. Compliance with Laws: The CONTRACTOR shall comply with all Federal,

State, and local laws including applicable OMB Circulars. C. Compliance with Child Nutrition Program Laws, Regulations, Guidance and

Agreements: The CONTRACTOR shall operate the food service program meeting all requirements under the National School Lunch Act and Child Nutrition Act, as well as, the Healthy, Hunger-Free Kids Act of 2010 (HHFKA). The CONTRACTOR shall conduct program operations in accordance with 7 CFR Parts 210, 215, 220, 225, 226, 245, 250 (as applicable) and USDA Food and Nutrition Service instructions and policies to include 77 FR 4088 (Final Rule) Nutrition Standards in the National School Lunch and School Breakfast Programs. The CONTRACTOR shall comply with the terms of the SFA's Child Nutrition Program agreement with WDE.

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VII. General Requirements, continued

D. Environmental: As specified in 7CFR, Section 3016.36(i)(12), the CONTRACTOR and the SFA shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 USC 1857(h)), section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15), which prohibit the use under non-exempt Federal contracts, grants or loans of facilities included on the EPA list of Violating Facilities. Violations shall be reported to the U.S. Department of Agriculture and to the USEPA Assistant Administrator for Enforcement (EN-329).

E. Energy: The SFA and CONTRACTOR shall recognize mandatory standards

and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act. (7CFR, Section 3016.36(i)(13)).

F. Equal Employment: The SFA and CONTRACTOR shall comply with

Executive Order 11246, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41CFR Part 60) pursuant to 7CFR, Section 3016.36(i)(3).

G. Work Hours: The SFA and CONTRACTOR shall comply with the Fair Labor

Standards Act, as amended, to include Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by Department of Labor regulations (29 CFR, Part 5) pursuant to 7CFR, Section 3016.36(i)(6).

H. Nondiscrimination: The SFA and CONTRACTOR shall not discriminate on

the basis of disability, race, color, sex, national origin or age as defined by applicable governmental law, in the recruitment, selection, training, utilization, promotion, termination, or other employment related activities concerning food service personnel pursuant but not limited to Titles VI and VII of the Civil Rights Act of 1964. This fundamental rule of conduct will be clearly communicated to all employees, prospective employees and the community at large. In addition, each part affirms that it is an equal opportunity and affirmative action employer.

I. Debarment, Suspension, Ineligibility and Voluntary Exclusion: The SFA

and/or CONTRACTOR shall do or provide one of the following: - Included a suspension/debarment statement within the text of the

signed contract.

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VII. General Requirements, continued

J. Certification Regarding Lobbying and Disclosure of Lobbying Activities: CONTRACTOR must provide per 7CFR Part 3018- a new certification is also required for each renewal period. Lobbying activities in connection with school nutrition programs must be disclosed. If there are material changes after the initial filing, updated reports must be submitted on a quarterly basis.

K. Drug Free Workplace: The CONTRACTOR shall comply with the

Government-wide Requirements For Drug-Free Workplace (DFW). The DFW requirements include making a good faith effort, on a continuing basis, to maintain a drug-free workplace. Those measures are to: (1) Publish a drug-free workplace statement and establish a drug-free awareness program for employees as identified in 7 CFR 3021.205 through 3021.220; and (2) Take actions concerning employees who are convicted of violating drug statutes in the workplace identified in 7 CFR 3021.225. The statement must be given to each employee who will be engaged in the performance of the contract and that statement must: (a) Tell employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; (b) Specify the actions that will be taken against employees for violating that prohibition; and (c) Inform each employee that, as a condition of employment under any award, he or she: (1) Will abide by the terms of the statement; and (2) Must notify in writing if he or she is convicted for a violation of a criminal drug statute occurring in the workplace and must do so no more than five calendar days after the conviction.

VIII. Food Service Operations Requirements

A. Auxiliary Businesses: The following items are not included in this Request

for Proposal, but may be operated under separate arrangements as mutually agreed upon by the CONTRACTOR and the SFA.

1. Special Services/Catering/Concessions: The CONTRACTOR shall

provide for special functions on a per event basis to be mutually agreed upon with consent from the SFA.

2. Other items and programs not specifically addressed in this Request for

Proposal.

The CONTRACTOR shall maintain separate and proper accounting and control for each auxiliary business/program, less all relevant cost and expenses shall accrue to the SFA.

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VIII. Food Service Operations Requirements, continued

B. Menu Cycle: The CONTRACTOR must adhere to the menu cycle specified

in Exhibit B for the first twenty-one (21) days of meal service understanding that all menus and foods must meet the latest USDA dietary guidelines. Changes thereafter may be made with approval from the SFA and the SA.

C. Menu Planning and Approval: The CONTRACTOR will be responsible for all

menu planning. The SFA shall review and approve all menus prior to preparation and service of food. The CONTRACTOR shall provide proposed menus to the SPONSOR 15 business days in advance of the service date. The SFA shall review and approve the menus 10 business days in advance of the service date.

D. Menu Standards: Menu standards, as presented in the twenty-one (21) day

cycle menu, must be maintained as to type and quality of meal service. All menus must be developed using the menu planning system(s) specified in Exhibit A, SFA Profile, item 11. The CONTRACTOR shall serve reimbursable meals that comply with the latest USDA dietary guidelines, standard meal patterns, and nutrient standards established by USDA in Federal regulations for the National School Lunch Program and the School Breakfast Program.

E. Menu Choices: The CONTRACTOR shall provide choices of menu items for

lunches and breakfasts verifying that all choices meet the latest USDA dietary guidelines and meal patterns.

F. Special Diets: In accordance with Federal regulations and FNS Instruction

783-2, the CONTRACTOR shall make substitutions in reimbursable meals as specified by a recognized medical authority for individual participating children whom are unable, because of a disability or other special dietary need, to consume specified foods. The SFA shall notify the CONTRACTOR of any such special dietary needs.

G. A la carte: In order to offer a la carte food service, the CONTRACTOR must

offer free, reduced price and full price (i.e. paid) reimbursable meals to all eligible children. A la carte sales currently are only allowed at the High School.

H. Kitchen Maintenance, Food Safety, and Sanitation: The CONTRACTOR will

be responsible for maintaining the kitchen area and meeting all safety and sanitation laws and regulations. The CONTRACTOR will develop and follow the Hazard Analysis Critical Control Point (HACCP) standards.

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VIII. Food Service Operations Requirements, continued

I. Unacceptable Meals: No payment shall be made for meals that are spoiled,

unwholesome or disallowed by appropriate authority at time of service; or those that do not meet the specifications developed by the SFA; or do not otherwise meet the intent of this agreement.

J. USDA Foods:

The CONTRACTOR must ensure that all USDA Foods received for use by

the SFA are used in the SFAs food service for a period specified within the school year or fiscal year. All USDA Foods and all donated foods contained in processed end products received by the SFA and made available to the CONTRACTOR will accrue only to the SFA’s food service operation and be utilized therein.

It is prohibited that a CONTRACTOR may enter into a processing agreement

to subcontract USDA Foods for further processing

The CONTRACTOR shall outline how the SFA shall receive credit for the values of USDA-donated foods, received by the SFA during the school year or fiscal year (including both entitlement and bonus foods) and crediting for the value of donated foods contained in processed end products. Crediting for the value of donated foods is permitted through invoice reductions, refunds, discounts, or previously included in the established fixed price (see below). However, all forms of crediting must provide clear documentation of the value received from the donated food and must be performed not less frequently than annually. The USDA Foods billing statement from WDE which details the value of the USDA Foods received will be used as the value for all credits. This statement must outline the frequency by which crediting will occur and the means of documentation to be utilized to verify that the value has been credited. The SFA must require crediting to be performed not less frequently than annually and must ensure that the specified method be achieved in a required time period. For fixed-price contracts the SFA may permit the CONTACTOR to pre-credit for donated foods. In fixed-price contracts, pre-crediting a deduction for the value of donated foods may be included in the established fixed price per meal. However, the SFA must ensure that the CONTRACOR provides an additional credit for any donated foods not accounted for in the fixed price.

The CONTRACTOR shall maintain adequate storage practices, inventory and control of such donated foods to ensure that its use and responsibility for the donated foods is in compliance with the SFA's agreement

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VIII. Food Service Operations Requirements, continued with the State distributing agency. The FSMC may store and inventory

donated foods together with foods it has purchased commercially for the SFA’s use. It may store and inventory such foods together with other commercially purchased foods only to the extent that such a system ensures that the FSMC will use all donated foods, all end products, or 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 SFA’s food service.

The CONTRACTOR shall give the SFA, USDA, and appropriate WDE

representative’s access to the storage areas for USDA Foods.

When a contract terminates and is not extended or renewed the CONTRACTOR must return all unused USDA Foods to the SFA. The SFA must ensure that all credits for the value of donated foods have been received and no refund will be made to CONTRACTOR. First FSMC Contract Year: If the SFA was self-operating in the previous school year, the CONTRACTOR must credit the SFA for the value of carry-over inventory which may include donated foods in inventory from that previous year. Payment to the SFA from the CONTRACTOR will be the fair market value of foods in the carry-over inventory.

K. Food Specifications: The SFA will provide detailed specifications for each

food component served. Specifications must cover items such as grade, purchase units, style, condition, weight, ingredients, formulations, and delivery time.

L. Price of Meals: The SFA will retain control of establishing prices for reimbursable meals, a la carte service, vending machines and adult meals. The CONTRACTOR shall not alter the price of meals without prior notice and approval of the SFA.

M. Food Service Advisory Committee: The SFA, with the assistance of the

CONTRACTOR, shall establish an advisory committee representative of all students, teachers, and parents to assist in menu planning.

N. Summer Food Service Program: If within the term of the contract, the SFA

participates in the USDA Summer Food Service Program the CONTRACTOR shall operate the program to conform to 7CFR 225.

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IX. Miscellaneous SFA Rights

A. School Day: The SFA reserves the right to cancel or shorten any school day. A twenty-four (24) hour notice will be given to the CONTRACTOR in non-emergency situations. In the event of emergency closure, the SFA shall provide the CONTRACTOR with as much advance notice of the closure as possible.

B. Locations of Program: The SFA reserves the right to add or delete locations

of food service from the list of schools included in the program as conditions may change.

C. Grade Organization: The SFA reserves the right to make any grade level

changes it deems necessary.

D. Use of Facilities: The SFA reserves the right to use school food service preparation areas at times other than when facilities are in use by the CONTRACTOR; however, the CONTRACTOR may require an employee to be present and to be reimbursed by the user.

E. Offer Vs. Serve: The SFA reserves the right to change all but the senior high

school program from an “offer” program to a “serve” program at any time it deems to do so.

X. Accountability Requirements

A. Contract Administrator: The SFA will name a person to represent them as

a liaison between the SFA and the successful CONTRACTOR. B. Signature Authority: The SFA shall retain signature authority on the

program agreement with WDE, free and reduced price policy statement, and the claims for reimbursement as outlined in Exhibit H, Division of Responsibilities for the Food Service Program.

C. On-Site Reviews: Authorized representatives of the SFA, the State Agency,

and USDA shall have the right to conduct on-site administrative reviews of the food service operation.

D. Review of Invoices, Bills and Pertinent Records: The SPONSOR shall oversee

all the provisions of the contract and the requirements of the CONTRACTOR. This includes the review of all pertinent records, including bills, invoices, and other relevant information to ensure adherence to the specifications outlined in the contract; including but not limited to the Federal rules and regulations, crediting for and use of USDA Foods, as applicable, and to ensure that the SPONSOR is not being overcharged or double billed.

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X. Accountability Requirements, continued

E. Recordkeeping:

1. The CONTRACTOR shall maintain such records as the SFA will need to support its claim for reimbursement under the National School Lunch Act and Child Nutrition Act including accurate records of student participation in the food service program and income records categorized by source, type and category of meal or food service. The CONTRACTOR shall provide necessary reports to the SFA.

Upon request, all records of the CONTRACTOR pertaining to the SFA's

food service program shall be made available at the CONTRACTOR's offices during regular business hours to representatives of the SFA, WDE, USDA, the United States Comptroller General, or the United States General Accounting Office.

2. The contractor must maintain records and source documents in support

of all costs, discounts, rebates, and credits.

3. All such records shall be kept on file for five (5) years after the end of the Federal fiscal year to which they pertain, or for such other period which the U.S. Secretary of Agriculture or appropriate State officials may from time to time determine; provided however, that if audit findings have not been resolved, the records shall be retained beyond the five (5) year period as long as required for the resolution of the issues raised by the audit.

4. Books and records of the CONTRACTOR pertaining to the school food

service operation shall be available as required by State and Federal regulations for inspection and audit by either the SFA, State, or Federal auditors. These records shall be maintained at a central location approved by the SFA.

F. Reporting:

1. The CONTRACTOR will report the claim information to the SFA promptly

at the end of each month or more frequently as specified.

2. The CONTRACTOR will maintain an information database from which the SFA will be provided weekly, monthly, quarterly, and annual reports in such detail as may be reasonably expected to manage the program.

3. The CONTRACTOR shall prepare State, Federal and SPONSOR fiscal and management reports and other special reports as required by government regulations or SFA requirements.

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XI. Fee Structure

Definition of Costs and Fees

1. The SFA’s specifications for the price quote and fee structure are found in Exhibit N, Food Service Management Company Fee Proposal.

2. The CONTRACTOR's proposed fee(s) are also found in Exhibit N, Food

Service Management Company Fee Proposal 3. Direct operating expenses to be paid by the CONTRACTOR are specified

in Exhibit G, Division of Costs for the Food Service Program. 4. The SFA will reimburse the CONTRACTOR for only allowable costs net of

all discounts, rebates, and applicable credits.

Management and Meal Fee

A. The SFA shall pay the CONTRACTOR a Management and Meal Fee which is

a fixed combined fee including (1) a Management Fee per meal/meal equivalent plus (2) a fee per meal/meal equivalent to cover all costs designated for the CONTRACTOR to pay on Exhibit G, Division of Costs for the Food Service Program. The CONTRACTOR should have taken into consideration factors such as discounts, rebates, and credits when formulating the fixed fees.

1. Billing: The CONTRACTOR shall bill the SFA for the Total Meal fee as

specified in Exhibit O. The CONTRACTOR's bill shall be accompanied by documentation, in a format approved by the SFA, which supports all fees claimed. The CONTRACTOR should take into consideration factors such as discounts, rebates, and credits when formulating the fee.

2. Payment Limitations: Prior to making payment, the SFA shall audit and approve fees as documented and billed by the CONTRACTOR.

B. The Fresh Fruit and Vegetable Program portion of this contract shall be

billed under an actual program cost basis.

1. Billing, FFVP: The CONTRACTOR shall bill the SFA for the FFVP program as specified in Exhibit O. The CONTRACTOR's bill shall be accompanied by documentation, in a format approved by the SFA, which supports all fees claimed. The CONTRACTOR should take into consideration factors such as discounts, rebates, and credits when formulating the fee.

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XI. Fee Structure, continued

2. Payment Limitations, FFVP: Prior to making payment, the SFA shall audit and approve fees as documented and billed by the CONTRACTOR.

XII. Licenses, Permits and Taxes

The costs of licenses, permits and taxes shall be considered a direct cost of operation as specified in Exhibit H, Division of Costs for the Food Service Program. The term "license" refers to items such as permits and certificates.

A. Licenses: The SFA shall obtain and keep in effect all Federal, State, and

local licenses required for the operation of the food service program. Such licenses shall be posted in a prominent place within the food service area as required by law or regulation.

B. Health Certification: The CONTRACTOR shall maintain all applicable State and/or local health certifications(s) for the duration of the contract for any facility outside the school in which it proposes to prepare meals. The CONTRACTOR must meet all applicable State and local health regulations in preparing and serving meals at the SFA facilities.

The SFA shall maintain all applicable health certifications and assure that all State and local regulations are being met by the CONTRACTOR preparing or serving meals at a SFA facility.

C. Taxes and Fees: The SFA shall be responsible for paying all applicable

taxes and fees as specified in Exhibit H, Division of Costs for the Food Service Program. These include, but are not limited to, excise tax, State and local income taxes, payroll and withholding taxes, unemployment taxes, and workers compensation payments for its employees.

XIII. Insurance and Indemnification

A. General Liability:

Insurance and Contractors Liability: The food service contractor shall

furnish Fremont County School District #25 with a completed Certificate of Insurance (subject to approval of Fremont County School District #25) indicating that they and their subcontractors have the following insurance coverage which shall not be canceled or permitted to lapse until the end of the contract, and shall contain a provision that the policy will not be canceled or changed until 30 days after Fremont County School District #25 has received written notice, by certified or registered mail, that the cancellation or change of such policy is contemplated.

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XIII. Insurance and Indemnification, continued

Fremont County School District #25 requires the contractor to provide a renewal certificate at least 15 days prior to expiration. Fremont County School District #25 shall be named as an additional insured for any claim, action, or proceeding against the School and arising out of the performance of this contract. All insurance policies hereunder shall be primary and applicable prior to any other insurance or self-insurance available to the School.

1. Commercial General Liability $1,000,000 per occurrence for bodily

injury and property damage $2,000,000 general aggregate

Products/Completed Operations $2,000,000 aggregate

2. Business Automobile coverage $1,000,000 each accident limit for

bodily injury and property damage

3. Excess Liability/Umbrella Liability $5,000,000 per occurrence

4. Liquor Liability/Dram Shop $1,000,000

B. Contribution and Indemnification

1. The CONTRACTOR shall indemnify and hold harmless the SFA or any

employee, director, or agent of the SFA, from and against all claims, damages, losses, and expenses (including attorney fees incurred to defend litigation), decrees or judgments whatsoever arising from any and all injuries, including death or damages or destruction of property, resulting to any third person or persons, corporation, partnerships or associations caused by any act, omission, failure or neglect of the CONTRACTOR and its agents, servants or employees, or other persons under its supervision or direction including SFA’s employees under the supervision of the CONTRACTOR in performance of its obligations under the terms of this agreement.

2. The CONTRACTOR shall not be required to indemnify or hold harmless

the SFA from any liability or damages arising from the negligent acts of the SFA.

3. The foregoing provisions concerning contribution and indemnification

shall not apply to the CONTRACTOR’s or SFA's liability under applicable worker's compensation laws. Nor shall the foregoing be deemed a waiver of any defenses to which the CONTRACTOR or the SFA may be entitled under applicable worker's compensation laws.

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XIII. Insurance and Indemnification, continued C. Worker's Compensation and Unemployment Insurance

The CONTRACTOR shall provide worker's compensation and unemployment insurance as specified on Exhibit H, Division of Costs for the Food Service Program.

XIV. Terms of Contract

A. Contract Form: The SFA will only consider contracts in a form prescribed

by the SFA.

B. Contract Period: This agreement shall become effective on July 1, 2013, and shall terminate on June 30, 2014, unless an extension is agreed to in accordance with the terms stated below, or unless terminated earlier as provided below.

C. Contract Extension: Pursuant to Federal regulations, any extensions of

this contract shall be executed prior to expiration of the preceding contract period. Any such extensions shall not extend the contract period more than one additional year beyond the original contract period of July 1, 2013, to June 30, 2014. Options for the yearly renewal of a contract may not exceed four (4) additional one-year extensions.

D. Negotiation of Food Service Management Company (FSMC) Fee(s): The SFA

and the CONTRACTOR may negotiate the FSMC Fee(s) and other terms of the agreement. Any increases in FSMC Fee(s) in subsequent agreements shall be agreed to by both parties.

The contract is for one year with the option to renew the contract for up to

four (4) additional years. If the SFA elects to renew the contract with the CONTRACTOR, the terms and conditions of the existing contract shall remain substantially unchanged. Any price changes in the contract as part of a renewal will be based upon all CONTRACTOR fees of the original contract and there must be a set limit on any increases. Changes in fees must be based on a specific independent index, such as the Consumer Price index. This index will serve as the maximum limit for the fee increase.

E. Material Breach: In the event either party commits a material breach, the

non-breaching party may terminate this agreement for cause by giving sixty (60) days written notice. If the breach is remedied prior to the proposed termination date, the non-breaching party may elect to continue this agreement.

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XIV. Terms of Contract continued

F. Termination: Notwithstanding the previously stated breaching provision, the SFA may terminate this contract for breach/neglect as determined by

G. the SFA with written notification to the CONTRACTOR, in regard to such

items as failure to maintain and enforce required standards of sanitation, failure to maintain proper insurance coverage as outlined by the contract, failure to provide required periodic information/statements, or failure to maintain quality of service at a level satisfactory to the SFA.

The CONTRACTOR and the SFA may each terminate this agreement without cause by providing sixty (60) days written notice to the other party of its intent to terminate. The rights of termination in this agreement are not intended to be exclusive and are in addition to any other rights available to either party at law or in equity.

H. Intent Not to Renew: The CONTRACTOR shall provide one hundred-twenty

(120) days written notice to the SFA of any intent not to renew the contract.

I. Contract Amendments: Any agreements shall remain in effect throughout its term unless the parties mutually agree, in a written document signed by both parties and attached to the agreement, to amend, add or delete any article or exhibit. Any amendment to the agreement shall become effective at the time specified in the amendment.

J. Responsible Authority: The SFA is the responsible authority without

recourse to USDA Food and Nutrition Service or to WDE for the settlement and satisfaction of all contractual and administrative issues arising from the contract. Such authority includes, but is not limited to, source evaluation, protests, disputes, claims, or other matters of a contractual nature. Matters concerning violations of the law will be referred to the local, State, or Federal authority that has proper jurisdiction.

K. Limitations of Financial Commitment: The SFA's financial commitments

contained in the agreement are subject to annual appropriation by the SFA’s School Board.

L. Catastrophe. With the exception of payment obligations for prior

performance under this agreement, neither the CONTRACTOR nor the SFA shall be liable for the failure to perform their respective obligations under this agreement when such failure is caused by fire, explosion, water, acts of God (except emergency closing days as stated in the SFA policy, which is attached as Exhibit I), civil disorder or disturbance, strikes, vandalism, war, riot, sabotage, governmental rules or regulations, or like causes that are beyond the reasonable control of such party.

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SFA Exhibits

Exhibit A

School Food Authority Profile

Exhibit B

21-Day Cycle Menu

Exhibit C

Additional Summer Food Service Program Specifications

Exhibit D

Participation for Prior School Year

Exhibit E

Fresh Fruit and Vegetable Program Requirements

Exhibit F

Price Schedule for Current School Year

Exhibit G

Financial Operating Statements for Prior Two Years

Exhibit H

Division of Costs for the Food Service Program

Exhibit I

Division of Responsibilities for the Food Service Program

Exhibit J

SFA Policies Impacting the Food Service Program

Fremont County School District #25 Sponsor Exhibits 2013 – 2014

Exhibit A – School Food Authority Profile

1. SFA CDS Number and Name: 072500 – Fremont County School District #25 2. SFA Address: 121 North 5th West

Riverton WY 82501

3. SFA Contact Name: Michael Collins (Business Manager), or Sharon Campbell (Food

Service Accounting Clerk) 4. SFA Contact Phone Number: 307-856-9407 5. SFA Contact E-Mail: [email protected] or [email protected] 6. School Year Begins: 7/1/2013 School Year Ends: 6/30/2014 7. Schools and Students:

School Type Number of Schools

Grade Range

Enrollment

as of 10/29/12

Elementary School(s) 3 K - 2 676

Elementary School(s) 1 3 – 5 577

Middle/Jr. High School(s) 1 6 - 8 567

Sr. High School(s) 1 9 - 12 724

Alternative School(s) 1 9 - 12 23

8. Employees:

Employee Type (as of 11.6.12)

Total Number

Full- Time

Part- Time

Instructional 340 335 5

Food Service 15 10 5

Other 121 107




Exhibit A - SFA Profile, continued 9. Food Preparation System -

1 Self-contained serving kitchen: Meals are prepared in a kitchen

located at the serving site. 1 Base or central kitchen: Meals are prepared and transported to serving sites. 6 Finishing kitchens: Some components of the meals are prepared at a base or central

kitchen and transported to the finishing kitchen site. Some food preparation is done at this site.

10. Food Delivery System - Food for the school breakfast and lunch programs is delivered

in the district delivery van Monday through Thursday. The central kitchen is located at the High School Career Center where the main hot meals are prepared. From here the van delivers to each school with food contained in a hotbox cart. There are five schools that receive meals. The average mileage is 7 miles between all the schools from the Career Center round trip. This route usually takes just over an hour to an hour and a half total. Once a week the district delivery van also takes canned goods, fresh produce and frozen food from the Career Center to the three elementary schools and the main High School. The Middle School and Rendezvous School each receive their weekly food deliveries from the vendor delivery truck.

11. Menu Planning System The Contractor will be expected to follow the USDA Menu guidelines.

12. Names and Types of Food Service Sites - Check ALL categories that apply to each site. Food Preparation or Serving Site Name

Self-Contained Kitchen

Base or Central Kitchen

Finishing Kitchen

Satellite School

Students Walk or Bused To Serving Site

Career Center Kitchen

Aspen Kitchen

Ashgrove Kitchen

Food Preparation or Serving Site Name



Finishing Kitchen

Satellite School



Rendezvous Kitchen

Food Preparation or Serving Site Name



Finishing Kitchen

Satellite School


Jackson Kitchen

Middle School Kitchen

High School Kitchen

13. Additional Programs - The SFA provides food service in addition to the school lunch,

school breakfast, after school care snack program and special milk programs. Below are those programs for which the CONTRACTOR must provide food service:

A. Summer Food Service Program – FCSD #25 has one site that utilizes the Summer

Food Service Program. This site serves the grade school summer school attendees. The calendar for the Summer Food Service Program has historically followed the Summer School Program calendar only. Breakfast and Lunch are served. We served 1,424 Breakfasts and 2,157 Lunches during the 2012 SFSP. See additional requirements in Exhibit C.

B. Fresh Fruit and Vegetable Program – FCSD #25 has 4 grade schools that participate

in the FF&V program. We typically provide FF&V snacks twice a week, with FF&V snacks being served every day during the PAWS testing. The SFA will reimburse CONTRACTOR only for actual food expenses for the program unless a fixed fee has been agreed upon. See additional requirements in Exhibit E.

Each site’s continuation of this Program is dependent upon approval of an annual

grant application.

14. Auxiliary Businesses A. Catering Services

Catering will be on an as requested basis. Currently, our FSMC provides catering as requested by various District groups or entities. The FSMC will need to provide an invoice listing the details of the catering directly to the requesting part. Catering can include: providing meals during Board of Director meetings on a periodic basis, annual awards programs for all District Staff, snacks and beverages to specific schools as requested, etc.


Exhibit B - 21-Day Cycle Menu

The Contractor must provide a 21-day cycle menu as the basis for each FSMC’s proposed cost estimates. Use the format on the following pages to specify the menu items and portion sizes for lunches breakfasts (if applicable) and snacks (if applicable). Include portion sizes for each age group or grade group served. List all menu choices and alternate menus. Each menu must meet the meal requirements specified in Title 7, Code of Federal Regulations; Chapter II, Food and Nutrition Service, Department of Agriculture; Part 210, National School Lunch Program; Part 220, School Breakfast Program as set out in 77 FR 4088; and Part 226, After School Snack Program. All menus shall meet the standard meal pattern and latest dietary guidelines as set by USDA. IMPORTANT: The CONTRACTOR must adhere to the menu cycle and portion sizes specified in Exhibit B for the first twenty-one (21) days of meal service. Changes thereafter may be made with approval from the SFA after the changes have been approved by the WDE.


Exhibit B-21-Day Cycle Menu Menu Portion Sizes Day Menu Items Age/Grade

Group Age/Grade Group

Age/Grade Group

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.


Exhibit B-21-Day Cycle Menu Menu Portion Sizes Day Menu Items Age/Grade

Group Age/Grade Group

Age/Grade Group

13.

14.

15.

16.

17.

18.

19.

20.

21.


Exhibit C – Summer Food Service Program (SFSP) Specifications What a Food Service Management Company Cannot Do (7 CFR 225.15(a)(3)): SFAs may not contract out management responsibilities of the SFSP, including but not limited to the following tasks: ● Meal ordering ● Assuming official recordkeeping responsibilities, including meal count information to

substantiate claims ● Submitting claims for reimbursement ● Training and monitoring administrative and site staff ● Announcing availability of meals to the news media ● Determining income eligibility and maintaining individual income eligibility statements The standard FSMC contract including SFSP meals, must provide that: ● All meals prepared shall be unitized with or without milk or juice, unless WDE has

approved, pursuant to §225.6(h)(3). ● A FSMC shall not subcontract for the total meal, with or without milk, or for the

assembly of the meals. ● The SFA shall provide to the FSMC a list of WDE-approved food service sites, along with

the approved level for the number of meals which may be claimed for reimbursement for each site, established under §225.6(d)(2).

● All meals served under the SFSP shall meet the requirements of §225.16. ● In cases of nonperformance or noncompliance on the part of the FSMC, the FSMC shall

pay the SFA for any excess costs which the SFA may incur by obtaining meals from another source.

● The FSMC shall comply with the appropriate bonding requirements, as set forth in §225.15(h) (5)-(7), for FSMC contracts with bids and contracts over $100,000.00 for summer food service.

A. All bids must be submitted to WDE for approval before acceptance. WDE shall respond to a request for approval of such bids within five (5) working days of receipt.

B. Each FSMC shall obtain a bid bond in an amount not less than five (5) percent no more than ten (10) percent, as determined by the sponsor, of the value of the contract for which the bid is made. A copy of the bid bond shall accompany each bid.

C. FSMCs shall obtain a performance bond in an amount not less than ten (10) percent not more than twenty-five (25) percent of the value of the contract. Sponsors shall require the FSMC to furnish a copy of the performance bond within ten (10) days of the awarding of the contract.

D. FSMCs shall obtain bid bonds and performance bonds only from surety companies listed in the current Department of the Treasury Circular 570.


EXHIBIT D – PARTICIPATION FOR PRIOR SCHOOL YEAR School Year 2011 – 2012

Table 1 – Student Lunch Participation by School Type

School Type A

Total Lunches

Served for Year

B

Total Serving Days for

Year C

Average Daily Participation

B/C = D

Total Enrollment

E (4/27/2012)

Average Daily Participation Percentage

D/E = F

Elementary School(s) 161,238 178 906 1232 73.54% Middle/Jr. High School(s) 74,765 178 420 588 71.43% Sr. High School(s) 42,997 178 242 678 35.70% Sponsor-Wide 279,000 178 1567 2498 62.73%

Table 2 – Number of Lunches by Income Category

School Type A

Total Lunches

Served for Year

B

Number Paid

C

Number Reduced

Price D

Number Free

E Elementary School(s) 161,238 66,866 18,154 76218 Middle/Jr. High School(s) 74,765 34,016 7,739 33010 Sr. High School(s) 42,997 23,804 4,402 14791 Sponsor-Wide 279,000 124,686 30,295 124,019

Table 3 – Student Breakfast Participation by School Type

School Type A

Total Breakfasts Served for

Year B

Total Serving Days for

Year C


B/C = D

Total Enrollment

E

Average Daily Participation Percentage

D/E = F Elementary School(s) 74,454 178 418 1232 33.95% Middle/Jr. High School(s) 27,549 178 155 588 26.36% Sr. High School(s) 23,384 178 131 678 19.32% Sponsor-Wide 125,387 178 704 2498 28.20%


Exhibit D – continued

Table 4 – Number of Breakfasts by Income Category

School Type A

Total Breakfasts Served for

Year B

Number Paid

C

Number Reduced

Price D

Number Free

E Elementary School(s) 74,454 18,610 8,042 47,802 Middle/Jr. High School(s) 27,549 7,718 3,176 16,655 Sr. High School(s) 23,384 10,071 2,663 10,650 Sponsor-Wide 125,387 36,399 13,881 75,107

Table 5 – Student After-School Snack participation by School Type (* This will be a new offering in 2013 – 2014)

School Type A

Total Snacks Served for Year

B

Total Serving Days for Year

C


B/C = D Elementary School(s) 0 0 0 Middle/Jr. High School(s) 0 0 0 Sr. High School(s) 0 0 0 Sponsor-Wide 0 0 0

Table 6 – Number of After School Snacks by Income Category

School Type A

Total Snacks

Served for Year

B

Number Paid

C

Number Reduced

Price D

Number Free

E Elementary School(s) 0 0 0 0 Middle/Jr. High School(s) 0 0 0 0 Sr. High School(s) 0 0 0 0 Sponsor-Wide 0 0 0 0

Table 7 – Non-Reimbursable Sales Revenue (Includes A la Carte, 2nd meals served to students, & adult meals)

Total revenue For Year

A

Meal Equivalent Rate

B

Number of Meal Equivalents

A/B = C 54,606.05 2.9925 18,247.63


Exhibit E – Fresh Fruit and Vegetable Program (FFVP) Requirements

All FFVP costs must be allowable, actual costs and fully documented. Labor costs must be reported by and to the SFA in a manner that clearly identifies the actual time allocated to the FFVP. All Labor costs either operating or administrative must be minimal. The SFA shall verify that the CONTRACTOR operates the FFVP in compliance with all USDA FNS standards.

• The CONTRACTOR will document and track FFVP expenses separately and make this documentation easily accessible to the SFA, WDE or USDA for review. All non-food costs must be carefully reviewed and deemed reasonable, given the extent of the FFVP operations.

• The CONTRACTOR will provide the SFA with documentation that clearly

outlines the allocation of costs charged to the FFVP as a basis for the SFAs claim for reimbursement. (i.e., amounts charged for labor, administrative fees, and actual costs of fresh fruits and vegetables, etc.) This is a contract requirement even if a fixed fee for FFVP is agreed upon.

• A FFVP cycle menu based on USDA FNS guidance should be submitted

with this RFP to the SFA and used in scoring the CONTACTOR.

• Please identify all SFA and CONTRACTOR roles and responsibilities in the FFVP Service.

Exhibit F - Price Schedule for Current School Year 2012 - 2013

Lunches Elementary Paid

$1.90

Middle/Jr. High School Paid

$2.15

Sr. High School Paid

$2.15

Adults

$2.70


Exhibit F - Price Schedule for Current School Year 2012 - 2013

Breakfasts

Elementary Paid

$1.25

Middle/Jr. High School Paid

$1.35

Sr. High School Paid

$1.35

Adults

$1.50

After-School Snacks (Do not currently have in place)

A La Carte (we currently only allow extra entrees at HS & MS, 1st meal must be a reimbursable meal)

Extra Breakfast Entrée $1.00

Extra Cereal/Yogurt $ .75

Extra Lunch Entrée $1.50 Extra Papa Murphy Pizza (Fridays) HS & MS only

$1.60

Milk

$ .40

Exhibit G - Financial Operating Statements for Prior Three Years


FREMONT COUNTY SCHOOL DISTRICT #25 STATEMENT OF REVENUES, EXPENSES, AND

CHANGES IN FUND NET ASSETS- PROPRIETARY FUND

YEAR ENDED JUNE 30, 2012

OPERATING REVENUES

Food Service

Charges for services $ 352,474

OPERATING EXPENSES Salaries Employee benefits Purchased services Supplies and materials Commodities Depreciation

282,951 208,929 748,034

39,434 46,234

18,770

Total Operating Expenses 1,344,352

Operating income (loss) NONOPERATING REVENUES

(991,878)

Federal reimbursements and support 738,036

Total Nonoperating Revenues

738,036

Income (loss) before operating transfers

(253,842)

OPERATING TRANSFER IN

239 ,500

Net income (loss)

(14,342)

NET ASSETS - JULY 1

$ 138, 829

NET ASSETS - JUNE 30

$ 124,487

Salaries 275,275 Employee benefits 138,472 Purchased services 680 ,618 Supplies and materials 13,130 Commodities 89,555 Depreciation 15,536

Total Operating Expenses

1,212,586

Operating income (loss)

(874 ,654)

NONOPERATING REVENUES

Federal reimbursements and support 607,541 State support 126,794

Total Nonoperating Revenues

734,335 Income (loss) before operating transfers

(140,319)


170,000

Net income (loss)

29,681

NET ASSETS- JULY 1

$106,523

NET ASSETS- JUNE 30

$ 136,204

FREMONT COUNTY SCHOOL DISTRICT NUMBER 25 STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN

FUND NET ASSETS- PROPRIETARY FUND YEAR ENDED JUNE 30, 2010

OPERATING REVENUES Charges for services

OPERATING EXPENSES

Food Service

$ 337,932

Salaries 287,577 Employee benefits 159,481 Purchased services 747,601 Supplies and materials 30,808 Commodities 64 ,110 Depreciation 18,678

Total Operating Expenses

1,308,255

Operating income (loss)

(977,227)

NONOPERATING REVENUES

Federal reimbursements and support

689,852 Total Nonoperating Revenues

689 ,852

Income (loss) before operating transfers

(287,375)


290 ,000

Net income (loss)

2,625

NET ASSETS- JULY 1

$ 136,204

NET ASSETS -JUNE 30 $ 138,829

FREMONT COUNTY SCHOOL DISTRICT NUMBER 25

STATEMENT OF REVENUES, EX PENSES, AND CHANGES IN FUND NET ASSETS- PROPRIETARY FUND

YEAR ENDED JUNE 30, 2011

OPERATING REVENUES

Food Service

Charges for services $ 331,028

OPERATING EXPENSES

Exhibit H – Division of Costs for the Food Service Program

COSTS

CONTRACTOR

SFA

Food Cost (food, condiments, beverages) X

Labor Cost – SFA will retain all employees

Hourly Wages: X

Bookkeeper / Secretarial X

Food Service Workers X

Driver X

Other X

Hourly Benefits and Taxes X

FICA X

Retirement for SFA employees X

Unemployment Insurance for SFA employees X

Workers' Compensation for SFA employees X

Health Insurance for SFA employees X

Life Insurance and Disability for SFA employees X

Holidays for SFA employees X

Management Salaries – Contractor’s employees X

Management Benefits and Taxes - Contractor’s employees X

Other Purchased Services

Telephone, local service X

Telephone, long distance X

Utilities (heat, power, water) X

Extermination X

Laundry X

Other

Supplies

Disposable Serviceware X

Cleaning Supplies X


Supplies continued CONTRACTOR

SFA

Paper Supplies X

Uniforms X

Menu Paper X

Menu Printing X

Promotional Materials X

Office Supplies X

Equipment and Repair

Replacement of Capital/Major Equipment X

Replacement of Expendable/Minor Equipment X

Repair of Equipment (Normal wear and tear) X

Repair of Equipment Resulting from Negligence of Contractor’s Employees

X

Repair of Equipment Resulting from Negligence of Sponsor’s Employees

X

Capital Improvement

Building Structural Changes X

Painting X

Other

Vehicle Lease or Purchase X

Vehicle Maintenance X

Vehicle Major Repairs X

Vehicle Fuel and Oil X

Vehicle Taxes X

Vehicle Insurance X

Vehicle Licenses X

Vehicle Registration X

Depreciation X

Audit Fees X

Licenses/Permits X

Promotions X

Mileage X

Exhibit H – Division of Costs for the Food Service Program continued


Other continued CONTRACTOR

SFA

Performance Bond (if applicable) X

Liability Insurance X

FSMC Training Workshops X

Travel Expenses for FSMC Training Workshops X

Custodians X

School Secretaries X

Trash Pickup X

Exhibit I - Division of Responsibilities for the Food Service Program

SFA and CONTRACTOR responsibilities include, but are not necessarily limited to, those listed in this exhibit.

Sponsor Responsibilities - The SFA is required by Federal regulations and/or Wyoming Department of Education (WDE) policy to retain responsibility for the following tasks.

General Administration

1. Complete annual program renewal documents with WDE.

2. Retain signature authority on the program agreement with WDE, reduced price and free policy statement and the claims for reimbursement.

3. Coordinate the food service advisory committee.

Free & Reduced Price Policy Administration

1. Appoint and train determining official(s) and hearing official.

2. Distribute materials to parents and guardians.

3. Collect submitted applications.

Exhibit H – Division of Costs for the Food Service Program continued


4. Process applications, including approval/denial and follow-up to obtain complete information.

5. Enter data into computer if computer system automatically determines eligibility.

6. Administer the Direct Certification process.

7. Notify parent/guardian of application status.

8. Administer all aspects of the income verification process.

9. For SFAs with multiple sites, conduct on-site reviews of counting and claiming procedures at all sites by February 1 of each year, including written documentation of visit, corrective action plan as needed, and follow-up reviews.

Reimbursement Claims

1. Sign or submit electronically the claim for reimbursement.

Contractor Responsibilities

Food Service Operations

1.

Plan menus.

2.

Purchase food.

3.

Receive and store food and supplies.

4.

Conduct periodic physical inventory of food and supplies.

5.

Prepare food.

6.

Deliver food to serving sites.

7.

Provide dining room and counter service.

8.

Clean and maintain kitchen facilities.

9.

Hire and supervise personnel.


10.

Train personnel.

11.

Merchandise food.

12.

Conduct food service promotions.

13.

Participate on food service advisory committee.

Responsibilities to Assign to Either the Contractor or the SFA: The SFA should mark with an “X” those responsibilities that will be assumed by the CONTRACTOR and those that will be assumed by the SFA. Add additional responsibilities as needed.

Responsibilities Contractor SFA 1. Pick-up and bank deposit of daily cash. X 2. Maintain building. X 3. Sell and distribute meal tickets. N/A N/A 4. Print meal tickets. N/A N/A 5. Print promotional materials. X 6. Print menus. X 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Fremont County School District #25 Sponsor Exhibits 2013 – 2014

Contractor Exhibits

Exhibit K

Contractor Profile

Exhibit L


Exhibit M


Exhibit N


Exhibit O


Exhibit P


Exhibit Q


Contractor Exhibits-FCSD #25 2013 – 2014 1

Exhibit K – Contractor Profile

Part 1 - Contact Information

1. Respondent’s Name: 2. Title:

3. Signature: 4. Mailing Address: 5. Contact E-Mail: 6. Telephone Number:

Fax:

Part 2 – General Information

1. Company Name: 2. Address of Company Headquarters: 3. Number of Offices: 4. Locations of Offices: 5. Employees: (Site specific)

Employee Type Total Number

Full- Time

Part- Time

All company employees

Food service employees

School food service employees

Client employees supervised by company


Exhibit K - Contractor Profile, continued

Part 3 – School Food Service Experience

1. Attach a client list, using the format below that includes each school district or other similar organization that the company has served during the past 5 years. Label as Exhibit J, Part 3, A.

2. District Name:

3. Status: Active Discontinued/Terminated

4. If your company's services were discontinued or terminated, explain why.

Contact information for district administrator who is knowledgeable of your firm's performance:

Name:

Title:

Phone Number:

5. Attach a narrative summary documenting the company's experience during the past 3 years of successfully operating a complex food service program requiring nutritious meals that comply and conform to the most current meal pattern requirements and USDA regulations. Label as Exhibit J, Part 3, B.

6. Attach a reference list providing the name, title, address, and phone number of 3

current food service clients who can be contacted as references. Label as Exhibit J, Part 3, C.

Part 4 - Personnel and Management Team

1. Attach a list including the names of all team members and their proposed roles

in the SFA’s food service program. Label as Exhibit J, Part 4, A.

2. Attach a resume for each team member listed in Part 4, A. showing his or her relevant experience and qualifications. Label as Exhibit J, Part 4, B.

3. Briefly describe the company's organization and how its resources will be used

for the benefit of the SFA's food service program. Label as Exhibit J, Part 4, C.


Exhibit L – Certificate of Independent Price Determination Both the SFA and CONTRACTOR (i.e. the "offerer") shall execute this Certificate of Independent Price Determination. A. By submission of their offer, the offeror certifies and in the case of a joint offer, each party thereto

certifies as to its own organization, that in connection with this procurement:

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 offerer 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 offeror and will not knowingly be disclosed by the offeror prior to opening in the case of an advertised procurement, or prior to award in the case of a negotiated procurement, directly or indirectly to any other offeror or to any competitor; and

3. No attempt has been made or will be made by the offeror 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 Food Service Management Company certifies that:

1. He or she is the person in the offeror’s organization responsible within the organization 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 offeror’s organization responsible with the organization for

the decision as to the prices being offered herein, but that he or she has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated and will not participate, in any action contrary to 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.

To the best of my knowledge, this food service management company, 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 bidding on any public contract, except as described on the attached sheet (if applicable):

___________________________________________________________________________________________________________ Name of Food Service Management Company ___________________________________________________________________________________________________________ Signature of Food Service management Company’s Authorized Representative ___________________________________________________________________________________________________________ Title Date In accepting this offer, the SFA certifies that no representative of the SFA has taken any action which may have jeopardized the independence of the offer referred to above. ___________________________________________________________________________________________________________ Name of SFA ___________________________________________________________________________________________________________ Signature of SFA’s Authorized representative ___________________________________________________________________________________________________________ Title Date


Exhibit M – Miscellaneous Contractor Proposals

Clearly label all responses to the applicable items with the exhibit letter and the item number. 1. Inventories (as appropriate): The successful contractor may be required to purchase

all inventory of food and supply items currently in leased storage, the SFA's warehouse, and in storage in any of the schools. Current market value will be utilized to determine the value of said items. Explain how the contractor proposes to make this payment.

2. A la carte (as appropriate): A la carte items are offered in elementary, middle/junior

and senior high schools and only with the SFA's approval at each location. Describe the contractor's plan for operation of the a la carte program.

3. Adult Meals: Describe the contractor's plan for operation of an adult meal service

program. 4. Meal Preparation Sites: Meals may be prepared at the locations presently used or

such other kitchen/service arrangements as are proposed by the contractor and acceptable to the SFA. Submit a plan for operation that sets forth school locations by name where food will be prepared and a list of school locations by name to be served by preparation kitchens. Proposed on-site preparation kitchens shall also be identified by name. Refer to Exhibit A, item 12 for a list of current food preparation and serving sites.

5. Additional Equipment or Building Modifications: In the event the contractor's

package calls for additional equipment or building modifications, submit a plan showing costs, detailed descriptions, and locations. Indicate who shall pay the cost of such modifications. Any building modifications must be approved by the SFA's board of education.

6. Nutrition Education (as appropriate): Describe nutrition education programs the

contractor will provide for students, teachers, parents and other interested parties.


Exhibit N – Annual Budget Projection

Exhibit O – Food Service Management Fee Proposal

Exhibit P – Personnel and Staffing Plans

Exhibit Q – Plans to Increase Program Participation

Based upon the participation data provided in Exhibit D., describe specific actions that will be taken to maintain and increase student participation in the food service programs.


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