Summer Food Service Program_IFB - Chicago Park District

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C. The contractor shall maintain records supported by delivery tickets, purchase orders, production records for this contract or other evidence for inspection and reference to support payments and claims. D. The food service management company shall retain records for a period of three years plus the fiscal current year. If audit findings have not been resolved, the records shall be retained beyond the three-year period as long as required for the resolution of the issues raised by the audit. Such records must be available for a period of three years from the date of the final contract renewal period has expired and/or receipt of final payment under the contract, whichever occurs last, for the purpose of making audits, examinations, excerpts, and transcriptions by representatives of the Sponsor, the Illinois State Board of Education, United States Department of Agriculture, and the Comptroller General at any reasonable time and place. E. The vendor shall maintain the following records for the sponsor: a) Production records, including quantities and amounts of food used in preparation of each meal and food component of menus b) Standardized recipes and yield from recipes c) Processed product nutritional analysis d) Dates of preparation of meals e) Number of meals and locations where meals were delivered f) Signed delivery slips g) Nutritional content of individual food items and meals as delivered h) Food and bid specifications 4. Method of Payment The contractor shall submit its itemized invoice to the Sponsor biweekly, or monthly as mutually agreed upon. Each invoice shall give a detailed breakdown of the number of meals delivered at each site during the preceding two weeks or month. Payment will be made at the unit price specified in the contract. No payment shall be made unless the required delivery receipts have been signed by the site representative of the Sponsor. 5. Inspection of Facility A. The Sponsor, the Illinois State Board of Education and the U.S. Department of Agriculture reserve the right to inspect the contractor’s preparation facilities prior to award and without notice at any time during the contract period, including the right to be present during preparation and delivery of meals. B. The contractor’s facilities shall be subject to periodic inspections by USDA, State and local health departments or any other agency designated to inspect meal quality for the State. This will be accomplished in accordance with U.S. Department of Agriculture regulations. C. The contractor shall provide meals which it prepares to be periodically inspected by the local health department or an independent agency to determine bacteria levels in the meals being served. Such levels shall conform to the standards which are applied by the local health authority with respect to the level of bacteria which may be present in meals served by other establishments in the locality. The results of the inspections must be submitted promptly to the sponsor and to the State agency. 6. Availability of Funds The Sponsor shall have the option to cancel this contract if the Federal government withdraws funds to support the Summer Food Service Program by giving the contractor forty-eight hour written notice. It is further understood that, in the event of cancellation of the contract, the Sponsor shall be responsible for meals that have already been assembled and delivered in accordance with this contract. 7. Number of Meals The contractor must provide exactly the number of meals ordered. Counts of meals will be made at all sites before meals are accepted. Damaged or incomplete meals shall not be included when the number of delivered meals is determined. 8. Emergencies In the event of unforeseen emergency circumstances, the contractor shall immediately notify the Sponsor by telephone of the following; (1) the impossibility of on-time delivery; (2) the circumstance(s) precluding delivery; and (3) a statement of whether or not succeeding deliveries will be affected. No payments will be made for deliveries made later than ___15___ minutes after specified meal time. Emergency circumstances at the site precluding utilization of meals are the concern of the Sponsor. The Sponsor may cancel orders provided they give the contractor at least 48 hours notice. Adjustments for emergency situations affecting the contractor’s ability to deliver meals, or Sponsor’s ability to utilize meals, for periods longer than 24 hours will be mutually worked out between the contractor and the Sponsor. 9. Terms and Termination A. This contract is effective for a one-year period commencing _March 1, 2012_ or upon written acceptance of the contract, 8
whichever occurs last, through __February 28, 2013__, with options to renew yearly not to exceed four (4) additional years. B. The Sponsor reserves the right to terminate this contract if the contractor fails to comply with any of the requirements of this contract. The Sponsor shall notify the contractor of specific instances of noncompliance in writing. In instances where the contractor has been notified of noncompliance with the terms of the contract and has not taken immediate corrective action, the Sponsor shall have the right, upon written notice, of immediate termination of the contract and the contractor shall be liable for any damages incurred by the Sponsor. The Sponsor shall negotiate a repurchase contract on a competitive basis to arrive at a fair and reasonable price. C. The Sponsor shall by written notice to the contractor, terminate the right of the contractor to proceed under this contract if it is found, by the Sponsor that gratuities in the form of entertainment, gifts or otherwise were offered or given by the contractor to any officer or employees of the Sponsor with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending of the contract; provided that the existence of the facts upon which the Sponsor makes such findings shall be an issue and may be reviewed in any competent court. D. The Sponsor or contractor may cancel this contract for cause or convenience with a 60-day written notification. E. Neither the contractor nor sponsor shall be responsible for any losses resulting if the fulfillment of the terms of the contract is delayed or prevented by wars, acts of public enemies, strikes, fires, floods, acts of God, or any other acts which could not have been prevented by the exercise of due diligence. F. The only rates that may be renegotiated in subsequent years of this contract are the individual per meal fixed rates contained herein. Before any fixed rate increases can be implemented as part of a contract renewal agreement, the contractor shall document to the sponsor, through a written financial analysis, the need for such increase. Renegotiation of all fixed rates in subsequent years of the contract must not exceed the Consumer Price Index for Urban Consumers—Food Away From Home annualized rate for December of the previous calendar year, not to exceed _3_%. Percentage increases cannot be applied to any previous year’s total estimated or actual contract cost. The Consumer Price Index for Urban Consumers – Food Away From Home percentage increases for 2010 can be found at the following site: http://www.isbe.net/nutrition/pdf/consumer_price_index.pdf. G. In the event this contract is terminated as provided in paragraph (B) or (C) hereof, the Sponsor shall be entitled to pursue the same remedies against the contractor as it could pursue in the event of a breach of the contract by the contractor. In addition, if this contract is terminated under paragraph (C), the sponsor shall be entitled to as a penalty, in addition to any other damages in an amount which shall not be less than three or more than ten times the costs incurred by the contractor in providing any such gratuities to any such officer or employee. H. The rights and remedies of the Sponsor provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. 10. Subcontracts and Assignments The contractor shall not subcontract for the total meal, with or without milk or for the assembly of the meal; and shall not assign, without the advance written consent of the Sponsor, his contract or any interest therein. In the event of any assignment, the contractor shall remain liable to the Sponsor as principal for the performance of all his obligations under this contract. 11. Insurance The contractor will procure and maintain the following insurance: A. The contractor shall purchase and maintain, during the life of the contract, such insurance as shall protect him on an occurrence basis or equivalent with limits not less than $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate for bodily injury, property damage and personal injury. Coverage shall include, but not be limited to: Premises/Operations, Products/Completed Operations Insurance; Broad Form Property Damage; Contractual Liability; and, if applicable, Explosion/Collapse/Underground Hazard; and XCU (explosion, collapse, underground) hazards. The Chicago Park District is to be named as an additional insured on a primary, noncontributory basis. B. The contractor shall purchase and maintain, for the life of the contract, comprehensive automobile liability insurance covering all owned, non-owned and hired motor vehicles, including the loading and unloading thereof, with limits not less than $1,000,000.00 combined single limit per occurrence for bodily injury and property damage. The Chicago Park District is to be named as an additional insured on a primary, non-contributory basis. C. Workmen’s Compensation Insurance as prescribed by the laws of the State of Illinois. D. Comprehensive Bodily Injury, Property Damage, Liability, and Products Liability Insurance, including bodily injury and property damage caused by automobiles, with limits prescribed by the State of Illinois for injury or death of any one person or for injury or death of two or more persons in any one accident, for property damage in any one accident, and for products liability in any 9
Page 1 and 2: SECTION A SUMMER FOOD SERVICE PROGR
Page 3 and 4: SECTION C INSTRUCTIONS TO BIDDERS 1
Page 5 and 6: SECTION D SCOPE OF SERVICES 1. Cont
Page 7: • Date of production • Quantity
Page 11 and 12: SECTION G GENERAL PROVISIONS 1. Thi
Page 13 and 14: Exhibit A - Program Sites Name and
Page 57 and 58: EXHIBIT B - MENUS Sponsor shall att
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EXHIBIT C REQUIRED MEAL PATTERNS SU
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GROUP E • Cookies 1 , with nuts,
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Bidder Responsibility and Bid Respo
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Bid-Rigging Certification _________
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DISCLOSURE OF LOBBYING ACTIVITIES C
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DISCLOSURE OF LOBBYING ACTIVITIES C
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P. The term “schedules” means t
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their Schedule Bs. The Park Distric
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1. SCHEDULE A [STATEMENT OF PRIME B
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2. Name of MBE/WBE: Address: Contac
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II. Summary of MBE/WBE Plan: A. MBE
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ALTERNATE SCHEDULE A SIGNATURE PAGE
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MBE/WBE UTILIZATION REPORTING REQUI
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SUSTAINABILITY STATEMENT Attach add
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5. Tax identification number (optio
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5. IF THE UNDERSIGNED IS ANY OTHER
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If the letters "NA," the word "None
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If the letters "NA," the word "None
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segregated by explicit directive or
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EDS CERTIFICATION Under penalty of
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Summer Food Service Program_IFB - Chicago Park District

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