Nonprofit School Food Service - Food Service Management Company

expired opportunity(Expired)
From: Duval County Public Schools(School)
02-19/TW

Basic Details

started - 21 Sep, 2021 (about 2 years ago)

Start Date

21 Sep, 2021 (about 2 years ago)
due - 30 Jun, 2022 (21 months ago)

Due Date

30 Jun, 2022 (21 months ago)
Bid Notification

Type

Bid Notification
02-19/TW

Identifier

02-19/TW
Duval County Public Schools

Customer / Agency

Duval County Public Schools
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SECOND RENEWAL AND FIFTH AMENDMENT TO AGREEMENT FOR FOOD SERVICE DEPARTMENT MANAGEMENT AND OPERATION (FIXED PRICE FORMAT) This Second Renewal and Fifth Amendment to Agreement for Food Service Department Management and Operation (Fixed Price Format) (the Amendment) is by and between The School Board of Duval County, Florida, a district school system in the State of Florida (the District"), and Compass Group USA, Inc., a Delaware corporation authorized to transact business in Florida, and d/b/a Chartwells School Dining Services (the Contractor). 1. Background. This Amendment pertains to the Agreement for Food Service Department Management and Operation (Fixed Price Format) dated effective March 7, 2019, as amended by that certain First Amendment to Agreement dated effective June 6, 2019, and as amended by the Second Amendment dated effective September 10, 2019, as amended by that certain First Renewal and Third Amendment to Agreement for Food Service Department Management and Operation
(Fixed Price Format) dated July 1, 2020, and as amended by that certain Fourth Amendment to the Agreement dated effective September 1, 2020 (collectively, the Agreement) between the District and Contractor. 2: Effective Date. The effective date of this Amendment is July 1, 2021. 3. Definitions. The capitalized terms used herein shall have the same definitions set forth in the Agreement, unless specifically otherwise indicated in this Amendment. 4. Renewal Term. Pursuant to Section 3.1 of the RFP, the District and Contractor hereby agree that the term of the Agreement, which is scheduled in the Agreement to end on June 30, 2021 is hereby extended for the second renewal year commencing immediately upon the expiration of the existing term and ending on June 30, 2022, with such renewal term to be upon and subject to all of the terms, provisions, and conditions of the Agreement except as modified in this Amendment. 5; Minimum Wage Increase. On November 3, 2020, the State of Florida initiated Amendment Two to gradually increase the states minimum wage to $15.00 per hour by 2026. Effective as of September 30, 2021, Floridas minimum wage rate will increase to $10.00 per hour. This change to the states minimum wage rate was not anticipated at the time Contractor submitted its food service management bid to District and will significantly increase Contractor's labor expenses. Accordingly, the parties agree that this unexpected labor cost increase necessitates an increase to Contractor's fixed cost per meal rate. Effective as of October 1, 2021, Contractor's fixed cost per meal rate will increase by an amount proportionate to the increase in Contractor's labor expenses caused by the minimum wage legislation (the Minimum Wage Increase). Prior to the Minimum Wage Increase going into effect, Contractor will provide the District with substantiating information to support the calculation of such increase. Once substantiating information is provided by the Contractor to the District for review and verification, then the District shall adjust the fixed cost per meal rate to reflect the Minimum Wage cost increase per same process and procedure used to make other meal rate adjustments (such as annual Consumer Price Index (CPI) cost adjustment). Thereafter, the increased fixed cost per meal rate shall remain in effect for the remaining months of the 2021- 2022 school year, and shall be used as the baseline rate for the next years renewal, if applicable. In the event that the annual union wage rate adjustment to the fixed cost per meal rate is finalized after September 30, 2021, the union wage rate adjustment to the rate will be offset by the amount already accounted for by the Minimum Wage Increase. 6. Assumptions for 2021-2022 School Year. As it relates to the fixed cost per meal rate, Contractor is relying on certain assumptions for the 2021-2022 school year. If the following assumptions are not met during the 2021-2022 school year, the parties shall negotiate in good faith an additional increase to the fixed cost per meal rate: A. The Duval Homeroom virtual learning program will not be available to District students for the entirety of the 2021-2022 school year. B. The following operation requests by the District will not continue for the 2021-2022 school year: (1) the use of fold-over trays, (2) bags for lunches, and (3) the restriction of using Offer Versus Serve in Secondary schools. 7. Processing of USDA Donated Foods. Contract shall have the authority to procure processed end products, including those processed end products containing USDA Donated Foods, on behalf of the District using the Contractor's preferred processors. Contractor will ensure that District receives the full value of the USDA Donated Foods received for use in its food service program. 8. Authority; Further Assurances. The District and Contractor represent and warrant to each other that each party has full right and authority to execute and perform its obligations under the Agreement as modified by this Amendment, and each party and the person(s) signing this Amendment on each partys behalf represent and warrant to the other party that such person(s) are duly authorized to execute this Amendment on the respective partys behalf without further consent or approval by anyone. Each party agrees to execute and deliver documents required by the Florida Department of Agriculture and Consumer Services to effectuate this renewal. 9. Miscellaneous. This Amendment is the entire agreement of the parties regarding modifications of the Agreement provided herein, supersedes all prior agreements and understandings regarding such subject matter, may be modified only by a writing executed by the party against whom the modification is sought to be enforced, and shall bind and benefit the parties and their respective successors, legal representatives and assigns. The Agreement is ratified and confirmed in full force and effect in accordance with its terms, as amended hereby. In the event of any conflict between the Agreement and this Amendment, the provisions of this Amendment shall control. 10. Counterpart and Facsimile Signatures. This Amendment may be executed in one or more counterparts, each of which will be deemed an original, but all such counterparts will together constitute but one and the same instrument. [Signatures follow on next page] [Signature Page to Second Renewal and Fifth Amendment to Agreement for Food Service Department Management and Operation (Fixed Price Format) between The School Board of Duval County, Florida, and Compass Group USA, Inc., d/b/a Chartwells School Dining Services] IN WITNESS WHEREOF, the District and the Contractor have each caused this Amendment to be signed and delivered by its duly authorized officer, all as of the effective date set forth above. TEST: SCHOOL BOARD OF DUVAL COUNTY, FLORIDA Tt. Diana Greene Superintendent of Schools and Ex-Officio Secretary to the Board Ejizabeth Andersen, Chairman Form Approved: Approved by the Board on March 2, 2021 By: VAL Office of General Counsel COMPASS GROUP USA, INC., a Delaware corporation authorized to transact business in Florida-ajb/a Chartwells School Dining Services pl 2/9/2021 Title: . CFO, Chartwells K12 By: Name: Peter Weber March 2, 2021, Regular Board Meeting Title 25. RENEWAL - NONPROFIT SCHOOL FOOD SERVICE - FOOD SERVICE MANAGEMENT COMPANY, RFP NO. 02-19/TW Recommendation That the Duval County School Board approve the Renewal Amendment for the Nonprofit School Food Service - Food Service Management Company, RFP No. 2-19/TW Contract with Compass Group USA, Inc., for the second option year of July 1, 2021 through June 30, 2022. That the Duval County School Board authorize the Chairman or Vice Chairman and the Superintendent to execute all necessary contract amendment documents upon form approval by the Office of General Counsel. Description The contract for Food Service Management Company (FSMC) services is currently in its first renewal contract year (July 1, 2020 through June 30, 2021). We are recommending approval of the second of four option year renewals. Compass Group is a Delaware Corporation authorized to transact business in Florida d/b/a Chartwells School Dining Services, The Duval County Public Schools (DCPS) Food Service Program, in partnership with Chartwells, has remained a leader in our state by offering free breakfasts & lunches to all students at 153 active school campuses this year based upon the Summer Food Service Program guidelines allowed by Florida Department of Agriculture and Consumer Services. Snacks and Suppers are also free at 71 qualifying schools. During the COVID 19 emergency feeding time period (Mar 17, 2020 - Aug 12, 2020) our program served 3.5M meals to students via school buses. School opening was full of transition to different service methods as we strived to feed high quality meals in a safe manner to students of Duval County. The food service program continues to offer fresh and local fruits and vegetables such as satsuma oranges grown on Cherokee Farms in Jackson County Florida. The program has strived to provide weekly and monthly promotions to create excitement. While our normal meal serving level last year was 90,000+ meal equivalents (MEQs) per day, we opened this COVID 19 pandemic year serving only 20,000 to 25,000 MEQs per day. We have grown the program back to over 60,000 MEQs per day despite all the adjustments need for COVID 19. We expect the MEQ count to grow as we move further into the remaining months of the year. Gap Analysis School Board approval is required in order to renew this contract per School Board Policy and Florida Statutes. This contract is required to meet the district's food service needs. Previous Outcomes Chartwells has performed well as shown by Principal Report Cards and Flawless Opening scoring. The most recent Principal Report Card on food service for the month of October 2020 reflected 95 % in A's or B's. Chartwells worked closely with principals resulting in one of the best Flawless Opening reports in recent years. They worked through many scenarios of feeding students attending brick and mortar as well as virtually through Hybrid or Duval Homeroom or feeding in the Classroom. Program offerings have been expanded, as more students return to school, resulting in a steady increase in meal participation this school year. Expected Outcomes We would expect continued successful performance by Chartwells through the 2021-22 school year. Specifically, we expect the program to continue providing high quality meal service as measured by Principal Report Cards, continued emphasis on expanding meal participation rates and meal counts, positive fund balances within the food service account, and continued success on future School Meal Administrative Reviews (SMAR). This renewal largely assumes that conditions will return to normal for this coming school year with exception of the minimum wage increase which has been accounted for in this renewal. If COVID 19 impacts persist into the 2021-22 SY, then an additional contract amendment may be required to adjust the contract for whatever COVID impacts occur. We may not know the full extent of any COVID 19 impacts until weeks before school opening in Jul/Aug 2021 which is why we cannot place changes in this renewal. Strategic Plan Goal Goal Ensure Effective, Equitable, & Efficient Use of Resources Aligned with Improved Student Outcomes. Financial Impact The Food Service Management Company contract is funded through Food Service funds, not general operating funds. Sufficient funds are expected in the Food Service account in 2021-22 School Year to fully fund this contract. The current 2020-21 contract value is estimated at approximately $40M, down from the expected $49.5 due to COVID 19 impact on meal participation. The contract value for the upcoming year, 2021-22 is estimated at $51M, assuming meal counts return to 90,000+ meal equivalent per day level, a 3% cost increase due to the Consumer Price Index for all Urban Consumers (CPI-U); Food Away from Home, a 3% union wage rate adjustment, and further district employee retirements and separations requiring replacement by contractor workers. The cost of replacement contract workers is more than offset by in-house labor cost reductions. The actual 2021-22 cost may be lower if the CPI-U is less than 3%, if the union wage adjustment is lower than estimated, less district employees retire or separate than expected, and/or less meal equivalent sales occur due to COVID 19 or other reasons. Contact Paul Soares, Assistant Superintendent, Operations, 904-390-2008 Stephanie Riviello, Executive Director, Financial Services, 904-390-2922 Sonita Young, Chief of Staff, (904) 390-2590 Attachments 1. Second Renewal to Food Service Management Company Contract final rev September 1, 2020, Regular Board Meeting Title 18. AMENDMENT - COVID 19 IMPACT - FOOD SERVICE MANAGEMENT COMPANY CONTRACT, RFP NO. 02-19/TW Recommendation That the Duval County School Board approve an Amendment, caused by COVID 19 Impacts, to the Nonprofit School Food Service Food Service Management Company (FSMC) RFP NO. 02-19/TW Contract with Compass Group USA, Inc. That the Duval County School Board authorize the Chairman, or Vice- Chairman, and the Superintendent to execute the Amendment upon form approval by the Office of General Counsel. Description The COVID 19 pandemic has forced several changes in schools that will likely reduce the number of students present in school each day in order to promote social distancing. The lower number of students present in school buildings may result in less school meals being served over the school year, especially during the hybrid period, even though our district has taken several steps to provide additional meals to students for virtual learning days and will also provide curbside service for Duval Virtual Homeroom students at their enrolled schools. Lower meal counts would force fixed costs for the FSMC contractor to be spread over a smaller number of meals which results in higher fixed costs per meal and thereby, higher per meal costs overall. The proposed contract amendment has a sliding scale such that per meal costs are adjusted higher if the actual COVID 19 impact on meal counts becomes greater and adjusts meal costs lower if the COVID 19 impact becomes less on meal counts. The need to maintain social distancing in schools (i.e., avoid lines) also requires food to be served quickly and efficiently via more expensive, closed grab and go containers versus open trays and containers. Under normal, non-COVID conditions, food is offered and students can decline components resulting in lower meal costs. When food is served in a grab and go style containers, then students must be served all meal components or else the meal will not qualify for federal re-imbursement. The additional meal components served result in higher overall meal costs for the FSMC contractor. Our district intends to re-introduce the ability for students to accept or decline components and thereby reduce meal costs after we open school and obtain serving line efficiencies while ensuring that we can maintain COVID 19 spacing requirements. Gap Analysis The COVID 19 impact on schools has resulted in lower meal counts and higher per meal costs which has created a negative financial impact on the FSMC contractor. This amendment is required to address those financial impacts by adjusting investments and per meal costs to partially compensate the FSMC contractor for the COVID 19 negative impacts. Previous Outcomes N/A Expected Outcomes Approval of contract amendment. Strategic Plan Goal Ensure Effective, Equitable & Efficient Use of Resources Aligned to Improve Student Outcomes Financial Impact This contract is funded through Food Service Funds, not general operating funds. Sufficient funds are expected in the Food Service Account to fully fund the contract in FY20-21 including this amendment. Contact Paul Soares, Assistant Superintendent, Operations, 904-390-2008 Attachments .1. | COVID 19 Amendment - Food Service Management Company Contract 2020 final FIRST RENEWAL AND THIRD AMENDMENT TO AGREEMENT FOR FOOD SERVICE DEPARTMENT MANAGEMENT AND OPERATION (FIXED PRICE FORMAT) This First Renewal and Amendment to Agreement for Food Service Deparment Management and Operation (Fixed Price Format) (the Amendment) is by and between The School Board of Duval County, Florida, a district school system in the State of Florida (the District"), and Compass Group USA, Inc., a Delaware corporation authorized to transact business in Florida, and d/b/a Chartwells School Dining Services (the Contractor). 4. Background. This Amendment pertains to the Agreement for Food Service Department Management and Operation (Fixed Price Format) dated effective March 7, 2019, as amended by that certain First Amendment to Agreement between parties dated effective June 6, 2019, and as amended again by the Second Amendment between parties dated effective September 10, 2019 (collectively, the Agreement) between the District and Contractor. 2s Effective Date. The effective date of this Amendment is July 1, 2020. 3. Definitions. The capitalized terms used herein shall have the same definitions set forth in the Agreement, unless specifically otherwise indicated in this Amendment. 4. Renewal Term. Pursuant to Section 3.1 of the RFP, the District and Contractor hereby agree that the term of the Agreement, which is scheduled in the Agreement to end on June 30, 2020 is hereby extended for the first renewal year commencing immediately upon the expiration of the existing term and ending on June 30, 2021, with such renewal term to be upon and subject to all of the terms, provisions, and conditions of the Agreement except as modified in this Amendment. 5. Amendment. To account for Contractor's increased cost of complying with the District's request to provide biodegradable trays in all elementary schools within the District's food service program, a onetime increase of $0.0191 to the fixed price per meal rate will be effective as of the Effective Date. This rate increase is in addition to any annual escalation provision (CPI) set forth in Section 3.2 of the RFP. 6. Authority; Further Assurances. The District and Contractor represent and warrant to each other that each party has full right and authority to execute and perform its obligations under the Agreement as modified by this Amendment, and each party and the person(s) signing this Amendment on each party's behalf represent and warrant to the other party that such person(s) are duly authorized to execute this Amendment on the respective party's behalf without further consent or approval by anyone. Each party agrees to execute and deliver documents required by the Florida Department of Agriculture and Consumer Services to effectuate this renewal. f. Miscellaneous. This Amendment is the entire agreement of the parties regarding modifications of the Agreement provided herein, supersedes all prior agreements and understandings regarding such subject matter, may be modified only by a writing executed by the party against whom the modification is sought to be enforced, and shall bind and benefit the parties and their respective successors, legal representatives and assigns. The Agreement is ratified and confirmed in full force and effect in accordance with its terms, as amended hereby. In the event of any conflict between the Agreement and this Amendment, the provisions of this Amendment shall control. 8. Counterpart and Facsimile Signatures. This Amendment may be executed in one or more counterparts, each of which will be deemed an original, but all such counterparts will together constitute but one and the same instrument. IN WITNESS WHEREOF, the District and the Contractor have each caused this Amendment to be signed and delivered by its duly authorized officer, all as of the effective date set forth above. in sT SCHOOL BOARD OF DUV, jy FLORIDA VAL e (Upon LM Orne V/ Dr. Diana Greene Warren A. Jones, ofjinan Superintendent of Schools and Ex-Officio Secretary to the Board Lassi ft of General Counsel Form side, proved: _ Approved by the Board on March 3, 2020 0 Witnesses: COMPASS GROUP USA, INC., a Delaware corporation authorized to transact business in Florida, d/b/a Chartwells School Dining Services By; hat db. Velupt. By: CE hbo Name:_Grace Ann Veluy4 Name:_Belinda Oakley7 Title:__CEO, Chartwells Ki2 Z By; Name: Dated: February 4, 2020 Approved by Florida Department of Agriculture and Consumer Services Food, Nutrition and Wellness Division By: no signature; see attached emails Name: Date: March __, 2020 March 3, 2020, Regular Board Meeting Title 22. RENEWAL - NONPROFIT SCHOOL FOOD SERVICE - FOOD SERVICE MANAGEMENT COMPANY, RFP NO. 02-19/TW Recommendation 1. That the Duval County School Board approve the renewal amendment for the Nonprofit School Food Service - Food Service Management Company, RFP No. 02-19/TW Contract with Compass Group USA, Inc., a Delaware Corporation authorized to transact business in Florida d/b/a Chartwells School Dining Services, for the first option year of July 1, 2020 through June 30, 2021. 2. That the Duval County School Board authorize the Chairman or Vice Chairman and the Superintendent to execute all necessary contract amendment documents upon form approval by the Office of General Counsel. Description The contract for Food Service Management Company (FSMC) services is currently in its base contract year (July 1, 2019 through June 30, 2020). We are recommending approval of the first of four possible option year renewals. The Duval County Public Schools (DCPS) Food Service Program, in partnership with Chartwells, has remained at the forefront of food service programs within our state. DCPS offers free breakfasts at all district schools and has one of the lowest paid student lunch costs ($2.50) among NE Florida school districts for non-Community Eligibility Program (CEP) schools. Our district has the second highest number of schools submitted and approved for free breakfasts and lunches within Florida under the CEP program. Our districts nutrition program continues to be a leader in the Farm to School program with the State. Local farmers grow over 65% of the produce we serve and are required to use fertilizers and pesticides that are completely organic. DCPS is the first school to coordinate a specialized growing program with the Florida Black Farmers and Agriculturalist Association. We serve breakfast, lunch, snack and now supper programs that total over 90,000 meal equivalents per day. In an effort to align with the Districts Go Green Program and allay recurring parental concerns with use of Styrofoam products, the Food Service Program will be removing Styrofoam trays from meal service beginning with school year 2020-2021. Gap Analysis School Board approval is required in order to renew this contract per School Board Policy and Florida Statutes. This contract is required to meet the district's food service needs. Previous Outcomes Chartwells has performed well as shown by Principal Report Cards. The most recent Principal Report Card on food service for the months of Nov/Dec 2019 reflected 98.5% in A's or B's. Our principals consistently gave our food service program As and Bs, representing a 97% overall approval rating for the 2018-19 school year. The prior food service contract w/Chartwells underwent a comprehensive School Meals Administrative Review (SMAR) with only one non-food related finding. They also underwent a Summer Food Service Program Review (Summer Breakspot) with no findings. Chartwells reached the highest number of meal equivalents served over the last five years during the prior 2018-2019 school year (16,445,387) despite declining enrollment. Expected Outcomes If renewed by the School Board, we would expect continued successful performance by Chartwells through the 2020-21 school year. Specifically, we expect the program to continue providing high quality meal service as measured by Principal Report Cards, continued emphasis on expanding meal participation rates and meal counts, positive fund balances within the food service account, and continued success on future School Meal Administrative Reviews (SMAR). Strategic Plan Goal Goal Ensure Effective, Equitable, & Efficient Use of Resources Aligned with Improved Student Outcomes. Financial Impact The Food Service Management Company contract is funded through Food Service funds, not general operating funds. Sufficient funds are expected in the Food Service account in 2020-21 School Year to fully fund this contract. The current 2019-20 contract value is estimated at approximately $47M. The contract value for the upcoming year, 2020-21 is estimated at $49.5M, assuming a 3% cost increase due to the Consumer Price Index for all Urban Consumers (CPI-U); Food Away from Home, a 3% union wage rate adjustment, and further district employee retirements and separations requiring replacement by contractor workers. The cost of replacement contract workers is more than offset by in-house labor cost reductions. We also anticipate a $300K+ cost increase to cover cost to replace Styrofoam trays with paper serving ware in our elementary schools. The actual 2020-21 cost may be lower if the CPI-U is less than 3%, if the union wage adjustment is lower than estimated, less district employees retire or separate than expected, and/or less meal equivalent sales occur. Contact Paul Soares, Assistant Superintendent, Operations, 904-390-2008 Attachments 1. FIRST RENEWAL TO AGREEMENT FOR FOOD SERVICE DEPARTMENT MANAGEMENT AGREEMENT BETWEEN THE SCHOOL BOARD OF DUVAL COUNTY, FLORIDA, AND COMPASS GROUP USA, INC. This Agreement is made and entered into effective March 7, 2019 (the Effective Date), and is by and between The School Board of Duval County, Florida, operating a district school system in the State of Florida (the "District" or FSA), and Compass Group USA, Inc., a Delaware corporation authorized to transact business in Florida, by and through its Chartwells Division (the Contractor" or FSMC). WITNESSETH: Whereas, the District issued RFP 02-19/TW Nonprofit School Food Service Food Service Management Company (with attachments) dated on or about October 26, 2018, together with Addendum No. 1 dated November 2, 2018, Addendum No. 2 dated December 3, 2018, and Addendum No. 3 dated December 10, 2018 (collectively, the RFP), a copy of which RFP is attached hereto and incorporated herein by this reference as Exhibit A; Whereas, after free and open competition, Contractor submitted a proposal (attached hereto and incorporated herein by this reference as Exhibit B), and was selected as the best responsive and responsible Contractor by the District (the Proposal); Whereas, the Contractor is interested in and capable of performing the desired food service management services (hereafter further defined as the Services) for the District and the District desires to have the Contractor perform the Services; and Whereas, the parties have negotiated Contractor's Proposal as permitted by the RFP, and reached an agreement on the Services to be performed and the payment for the same, and therefore wish to set forth this understanding in writing in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree as follows: ARTICLE | SCOPE OF SERVICES 1.1 The recitals set forth above are true and correct and are incorporated into this Agreement by this reference. Unless otherwise assigned a different meaning in this Agreement, defined terms in this Agreement shall have the same meaning as the defined terms in the RFP. 1.2 The parties agree that the purpose of this Agreement is that the Contractor shall fully, timely, and continuously provide the District the Services in a manner in accordance with the Districts objectives set forth in the RFP and this Agreement. The contract documents consist of this Agreement, the RFP, and the Proposal. In the event of any conflict or ambiguity among these documents, the priority set forth in section 15.7.16 of the RFP is assigned. All of Contractor's exceptions to the RFP set forth in its Proposal are stricken in their entirety and void except as may be specifically addressed in this Agreement. ARTICLE II COMMENCEMENT AND RENEWAL 21 See Section 3.0 of the RFP. Except for those actions preceding the date of this Agreement, the Services shall commence according to the schedule set forth in the RFP, unless the District notifies the Contractor othermise in writing. ARTICLE Ill. COMPENSATION 3:1 The maximum obligated amount under this Agreement shall be as set forth in Attachment A of the Proposal, subject to the provisions of the contract documents regarding any renewal term; in no event shall the District be responsible to the Contractor for compensation in excess of the maximum obligated amounts stated in this Agreement except as increased by formal approved and executed supplemental agreement(s). 3.2 Section 2.0 FEES, ltem 4 of the RFP, is amended by adding the following sentence at the end of this section: Information regarding any meals for which the SFA will withhold payment will be presented to the FSMC monthly in conjunction with the monthly billing cycle. ARTICLE IV TERMINATION 4.1 This Agreement may be terminated as set forth in the RFP, except that the FSMC shall have the reciprocal right to terminate the Agreement in the event of a breach of the Agreement provisions by the SFA. The termination process shall be the same as described for the SFA in Section 13.2 of the RFP. 4.2 If, upon termination or expiration of the Agreement, there remains USDA Foods that have not been used but have been credited to the SFA, then subject to and conditioned upon the prior written approval from the Florida Department of Agriculture and Consumer Services, ion of Food Distribution, the Contractor may transfer the USDA Foods to an alternative, approved NSLP client within the State. ARTICLE V MEETINGS; REPORTS; NOTICES 5A The parties agree that all communications relating to the day-to-day a ies shall be exchanged between the respective representatives of the District and the Contractor, which representatives shall be designated by the parties, in writing, promptly upon commencement of the Services. 5.2 The Contractor shall provide records and information and fully cooperate (notwithstanding any Contractor claims of trade secrets, proprietary or confidential information) with the District as to all matters pertaining to any and all legal, audit, administration, and compliance requirements relating to the Services and the contract documents. 5.3 All formal notices and communications in writing required or permitted hereunder may be delivered via overnight delivery, or pre-paid certified mail, return receipt requested, to the representatives of the District as set forth in section 15.7.14 of the RFP, and to the Contractor as set forth below. Until changed by notice in writing, all such notices and communications shall be addressed as follows: If to the Contractor: Compass Group USA, Inc. Attn: President 2400 Yorkmont Road Charlotte, North Carolina 28217 ARTICLE VI MISCELLANEOUS 6.1 The District shall be solely responsible for its information technology systems, including but not limited to, point-of-sale devices, e-commerce solutions, and computer hardware and software services and applications (the "District Systems) this excludes all WMS software and associated maintenance. As such, the District shall indemnify, defend and hold harmless the Contractor (subject, however, to the limitations and provisions of s. 768.28, F.S.) from and against all claims, liabilities, damages, and expenses (including reasonable attorneys fees and costs) arising out of, and relating to or resulting from: (i) the District's failure to allow the Contractor to interface and connect the Contractor's information technology systems (the Contractor Systems) and the District Systems to the extent necessary for the Contractor to perform the Services (or the District's failure to provide the Contractor with any reasonably requested assistance in connection therewith); (ii) the District Systems, including, but not limited to any breach or compromise thereof or any failure of the District to take the necessary security and privacy protections as are commercially reasonable under the circumstances; (iii) the District's failure to comply with applicable laws and regulations related to the protection of personal information; and/or (iv) the Districts failure to comply with its written agreement(s) with the merchant card services providers 2 related to the protection of cardholder data. Notwithstanding the foregoing, the Contractor shall be solely responsible for its information technology systems (such as software, hardware, services and applications, also defined as Contractor Systems). As such, the Contractor shall indemnify, defend and hold harmless the District from and against all claims, liabilities, damages and expenses (including reasonable attorneys fees and costs) arising out of, and relating to or resulting from: (i) the Contractor's failure to interface and connect the Contractor's System and the District Systems to the extent necessary for the Contractor to perform the Services (or the Contractors failure to provide the District with any reasonably requested assistance in connection therewith); (ii) the Contractor Systems, including, but not limited to any breach or compromise thereof or any failure of the Contractor to take the necessary security and privacy protections as are commercially reasonable under the circumstances; (iii) the Contractor's failure to comply with applicable laws and regulations related to the protection of personal information; and/or (iv) the Contractor's failure to comply with any written agreement(s) with the merchant card services providers related to the protection of cardholder data. Lastly, each party shall be responsible for the actions of its respective employee(s) relating to the aforementioned, unless such employee was acting at the direction of the other party. 6.2 Contractor has committed to an Investment Amount of Five Million Five Hundred Fifty Thousand and No/100 Dollars ($5,550,000.00) to fund improvements to the Services in order to increase participation in the school lunch program as specified on page 258 of the Proposal. Contractor shall spend Five Hundred Fifty Thousand and No/100 Dollars ($550,000.00) to obtain two (2) new Food Trucks and two (2) new Hot Shot trucks within the first six (6) months of the initial Agreement year as detailed within the Proposal. Contractor understands and agrees that the District desires to place the new food truck vehicles into service as quickly as possible after the | Agreement year commences. Contractor shall amortize the Five Hundred Fifty Thousand and No/100 Dollars ($550,000.00) amount on a straight-line basis over the initial five (5) years of the Agreement. The Contractor shall convey title to the District for the Food Trucks and Hot Shot Trucks purchased with these funds. Should the Agreement be terminated, for any reason, during the initial five (5) years of the Agreement, the District shall, in the Districts sole discretion either: (i) reimburse the Contractor for the remaining unamortized portion of the Five Hundred Fifty Thousand and No/100 Dollars ($550,000.00); or (ii) convey title to Contractor and return in as-is condition the Food Trucks and Hot Shot Trucks to Contractor and allow Contractor to take the Food Trucks and Hot Shot Trucks upon such termination. Contractor shall spend Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00) for each year the Agreement remains in effect on equipment replacement, as specified within its Proposal, for a total of One Million Two Hundred Fifty Thousand and No/100 Dollars ($1,250,000.00) over the initial five (5) years of the Agreement. Contractor shall spend Seven Hundred Fifty Thousand and No/100 Dollars ($750,000.00) for each year the Agreement remains in effect, within investment categories detailed within the Contractor's Proposal, for a total of Three Million Seven Hundred Fifty Thousand and No/100 Dollars ($3,750,000.00) over the initial five (5) years of the Agreement. Should either party request an annual spend in excess of this amount, such excess shall be mutually agreed to in writing by subsequent amendment to this Agreement. In the event that the Agreement is terminated, or is not renewed prior to any such annual spend, District shall have no right (and hereby waives all claims) to any remaining, unspent Additional Investment amount. Should the Agreement be terminated, for any reason, during an Agreement year, District will reimburse Contractor for any spent, unrecouped (through the fixed meal rate) amount via one of the following options: (i) pay the Contractor the full amount of the remaining, un-recouped Investment within forty-five (45) days of such termination; (ii) require the successor food service management company to pay Contractor the un-recouped portion of the Investment in full within forty-five (45) days; or (iii) pay Contractor such un-recouped portion in installments over the course of the remaining Agreement year. The parties understand and agree that the foregoing subsections (i), and (iii) are not applicable if the Agreement is not renewed upon the completion of any Agreement year or if the Agreement expires. 6.3 This Agreement may be executed via facsimile and in one or more counterparts, each of which will be deemed an original, but all such facsimiles and counterparts will together constitute but one and the same instrument. [Signatures on next page] [Signature Page to Agreement between The School Board of Duval County, Florida, and Compass Group USA, Inc., For RFP 02-19/TW Nonprofit School Food Service Food Service Management Company] IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first above written. THE SCHOOL BOARD OF DUVAL COUNTY, FLORIDA, BL Ad p2Wh ck L- Pr. Diana Greene, Superintendent Lori Hrshey, Chairman) of Schools and Ex-Officio Secretary Dated: March __, 2019 to the Board Approved by Board on March 5, 2019 Form Approved: By: Office of General Counsel Witnesses: COMPASS GROUP USA, INC., a Delaware corporation authorized to C fA transact business in Florida, by and through its Chartwells Division ame:,Lissette C. Robinson, Sr. Contract Specialist ame:_Grace Ann Veluya, Contract Specialist Dated:February 21, 2019 Approved by Florida Department of Agriculture and Consumer Services Food and Nutrition Management Date: af) {2019 Dr. Diana L. Greene, Superintendent of Schools Duval County Public Schools is committed to providing high quality educational opportunities that will inspire all students to acquire and use the knowledge and skills needed to succeed in a culturally diverse and technologically sophisticated world. Adopted February 3, 1998 Duval County Public Schools www.duvalschools.org Purchasing Services PH: (904) 858-4848 1701 Prudential Dr., Suite 322 FAX: (904)858-4868 Jacksonville, FL 32207 March 8, 2019 Compass Group USA, Inc. RE: Nonprofit School Food Service Food Service Management Company, RFP No. 02-19/TW Dear Sir/Madam: On Tuesday, March 5, 2019, the School Board of Duval County Public Schools approved the award of bid RFP No. 02-19/TW Nonprofit School Food Service Food Management Company. This is your official notification of bid award. This award is for the period from July 1, 2019 through June 30, 2020. Please forward a copy of your insurance certificate as required per special condition #18.0 and the performance bond as required per special condition #9.0. If you have any questions, please contact me at (904) 858-4859. Thank you for your interest in Duval County Public Schools. Terrence Wright, Director DCPS Purchasing Services Cc: Donna Hall Master Bid folder 4+. re http://www.duvalschools.org/ http://www.duvalschools.org/ March 5, 2019, Regular Board Meeting Title 16. NONPROFIT SCHOOL FOOD SERVICE - FOOD SERVICE MANAGEMENT COMPANY, RFP NO. 02-19/TW Recommendation That the Duval County School Board approve award of the contract for Nonprofit School Food Service - Food Service Management Company, RFP No. 02-19/LM with Compass Group USA, Inc., a Delaware Corporation authorized to transact business in Florida d/b/a Chartwells Dining Services from July 1, 2019 through June 30, 2020. That the Duval County School Board authorize the Chairman or Vice Chairman and the Superintendent to execute the contract when form approved by the Office of General Counsel. Description This was a Request for Proposals (RFP) to contract for a Food Service Management Company (FSMC) to provide food service management and operations for Duval. County Public Schools (DCPS). The RFP was advertised and distributed, two FSMC's (e.g., Chartwells and Sodexho) submitted proposals in response to the RFP, all were responsive. The recommended award is to the incumbent FSMC (e.g., Chartwells). The initial term of this contract for Food Service Management Company (FSMC) services is from July 1, 2019 through June 30, 2020. There are four potential one year renewals for a maximum total contract length of five years in accordance with Federal Acquisition Regulations (FAR). The RFP was coordinated through the Office of Equal Opportunity to ensure participation opportunities would be provided for small/minority business firms. Gap Analysis The district has identified a need for food service management and operations that will be fulfilled via this contract action. Previous Outcomes The current contract was awarded to Chartwells and has resulted in successful contract performance over the past five years. Meals served have increased from 15.6M in 2014 up to a projected 16.6M meal equivalents in this current and final 2018-19 contract year despite declining enrollment numbers. The food service fund balance has been maintained within levels required by the Florida Department of Agriculture and Consumer Services, Food and Nutrition Management and is currently at $12.2M as of December 2018. Expected Outcomes That the new FSMC contract will be awarded and contract performance will continue to be successful with meal participation growth, food quality improvements, and steady, positive fund balances. Ensure Effective, Equitable, & Efficient Use of Resources Aligned to Improved Student Outcomes Financial Impact This contract is funded through Food Service Funds, not general operating funds. Sufficient funds are expected to fully fund the new contract in FY 19-20. The current 2018-19 contract value (with Chartwells) is approximately $48M assuming a growth in meal sales up to 16,613,272 meal equivalents as projected and additional sales to the Kids Hope Alliance (KHA) programs. The contract value for the first contract year, 2019-20, is estimated at $49M, assuming sales remain at current levels, additional sales for KHA programs, and costs to replace DCPS food service employees that retire or resign before the new contract starts. The new contract cost may be lower if meal sales within DCPS or KHA programs do not occur as projected and/or DCPS employee departure costs are lower than projected. Contact Donald Nelson, Assistant Superintendent, Operations, 904-390-2008 Paul Soares, Executive Director, Design and Construction, 904-390-2498 Attachments 1. FSMC contract vfinal DUVAL COUNTY PUBLIC SCHOOLS Purchasing Department 1701 Prudential Drive Jacksonville, FL 32207 PH (904) 858-4848 FAX (904) 858-4868 January 22, 2019 NONPROFIT SCHOOL FOOD SERVICE FOOD SERVICE MANAGEMENT COMPANY RFP NO. 02-19/TW RECOMMENDATION FOR AWARD DATE OPENED: January 10, 2019 Any actual or prospective bidder, proposer or contractor who is aggrieved in connection with the intended award of a contract may file a protest and shall deliver its written notice of protest to Assistant Superintendent, Operations, or designee (hereinafter Hearing Officer) immediately, but no later than two (2) working days after recommendation of award, if not to the apparent low bidder, which will initiate the 48-hour notice requirement. The written protest with documentation shall be delivered to the Hearing Officer no later than 2 p.m. on the fourth (4") calendar day immediately following the notice of intent to award recommendation as is appropriate. If that day is a School Board non-workday, the protest shall be delivered no later than 9 a.m. the next Duval County School Board (DCSB) work day. Protests shall be presented with specificity, and every issue shall be fully documented. SEE ATTACHED 80:6 WY 22 AYE 6102 Q3Ai3934y dy SIAUSS ONISYHOMAE sdaq Vv HO und e179 $393 EVALUATION COMMITTEE SUMMARY Ranking Proposer Available Points Points Attained Percentage il Compass USA/Chartwells 800 739.50 92% 2 Sodexo America, LLC 800 625.76 78% Recommended Vendor 80:6 WY 22 NYE 6102 Page 1 of 2 RFP No. 02-19/TW, Nonprofit School Food Service Food Service Management Company ADDENDUM NO. 3 Informational ADDENDUM NO. 3 www.duvalschools.org/purchasing Issue Date: December 10, 2018 Phone: 904-858-4859 Buyer: Terrence Wright Bid Number: RFP N0. 02-19/TW Bid Title: Nonprofit School Food Food Service Management Company Term of Bid: July 1, 2019 through June 30, 2020 Opening: Thursday, January 10th, 2019, 2:00 p.m. (EDT). Bids received prior to this date and time will be opened in the Conference Room, and may not be withdrawn for 120 days after opening. All bids received after the specified date and time will be returned unopened. Purpose: To answer questions received prior to the new established deadline for written questions. 1. Question: Page 14 item 15 makes reference to providing a 28-day cycle menu. There is also a statement that the contractor must adhere to the cycle menu for the first 4 weeks. Can you please clarify whether the required menu cycles should be for 28-days (5 weeks with 3 additional days) or 4 weeks (20 days)? Answer: 4 weeks 20 serving days. 2. Question: Will those terms and conditions in place with Chartwells, per Question 55, be afforded to the other bidders as well? Answer: We will follow the same process/procedure and start with the same basic terms and conditions, however, proposals can vary from contractor to contractor which may require varying clarifications in the final, follow on agreement. 3. Question: Which terms and conditions referred to in Question 55 will the District be open to negotiate? Answer: The follow-on agreement is a very limited document in both scope and nature. Typical document length is 3 to 4 pages. It serves to confirm who is the highest ranked proposer and apparent winner of the Request for Proposal (RFP) solicitation and provides a document for signatures by the highest ranked proposer, the Superintendent, and the School Board Chair to actually award the contract. The remainder of the document predominantly re-iterates terms and conditions already stated within the RFP. If there are eile re http://www.duvalschools.org/purchasing http://www.duvalschools.org/dcps Page 2 of 2 RFP No. 02-19/TW, Nonprofit School Food Service Food Service Management Company ADDENDUM NO. 3 items in the RFP or contractors proposal that still require further clarification or detail, then the agreement will briefly clarify those terms and conditions. These clarifications are dependent on the content and nature of each individual RFP. The follow-on agreement is not intended or designed to create a material or significant change to the main scope of work as requested per the original RFP and Addendums. 4. Question: Can you provide the last three-year history of wage increases provided to the SFAs non- exempt food service employees under the CBA between SFA and AFSCME? Answer: 2016-17: 1.9% 2017-18: 2% 2018-19: 2% Page 1 of 10 RFP No. 02-19/TW, Nonprofit School Food Service Food Service Management Company ADDENDUM NO. 2 Informational ADDENDUM NO. 2 www.duvalschools.org/purchasing Issue Date: December 3, 2018 Phone: 904-858-4859 Buyer: Terrence Wright Bid Number: RFP N0. 02-19/TW Bid Title: Nonprofit School Food Food Service Management Company Term of Bid: July 1, 2019 through June 30, 2020 Opening: Thursday, January 10th, 2019, 2:00 p.m. (EDT). Bids received prior to this date and time will be opened in the Conference Room, and may not be withdrawn for 120 days after opening. All bids received after the specified date and time will be returned unopened. Purpose: To answer questions received and to establish a new deadline for written questions. Deadline For Written Questions: December 7th, 4:00 p.m. (EDT) 1. Question: Can you please provide either a word or an excel version of Exhibit A? Answer: District only provides documents in pdf for RFP solicitations. 2. Question: May we have permission to use the Duval County Public Schools logo as part of our proposal response? Answer: The district logo should not be used as a prominent part of your proposal response. However, incidental images during routine operations will be permissible. 3. Question: Page 17 (#40) states that the unit meal price for SFSP shall be the same as fixed price currently in effect under the contract with the previously awarded FSMC. What is the current fixed price in effect under that contract? Answer: $2.7597 4. Question: Section 2.0, The Services refers to meal services for the Administration Building as well as the Childcare Feeding Program. Please provide revenue and meal count information related to these services for the current year to date (2018-2019) and prior year (2017-18). eile re http://www.duvalschools.org/purchasing http://www.duvalschools.org/dcps Page 2 of 10 RFP No. 02-19/TW, Nonprofit School Food Service Food Service Management Company ADDENDUM NO. 2 Answer: Information regarding the Childcare Feeding Program has been made available at www.duvalschools.org/purchasing. Please refer to Attachment L page 14. Attachment L is located at www.duvalschools.org/purchasing 5. Question: Please provide the total number of vehicles owned by the SFA that the FSMC would be responsible for maintaining at the start of the contract (July 2019). Please include in the information the year, make, model and what the vehicle is used for. Answer: The SFA does not own the vehicles. Upon termination of the contract, the ownership of the vehicles will revert to the District. 2014 FORD F59 DGBK84 #2 Foodtruck 2014 FORD F59 DGBK56 #1 Foodtruck 2015 CHEVROLET EXPRESS CTFE38 #1 Hot Shot 2015 CHEVROLET EXPRESS CTFE37 #2 Hot Shot 2017 CHEVROLET EXPRESS HKVZ17 #3 Hot Shot 2017 CHEVROLET EXPRESS HKVZ18 #4 Hot Shot Two (2) Food Golf Carts 6. Question: Per Addendum 1, The FMSC is responsible for Utilities at the Nutrition Service Center (NCS) including Praxair Liquid Nitrogen Supply Tank Rental, and other related expenses. Please provide the total annual cost for each of the last two years for Utilities that would fall under the responsibility of the FSMC. Please confirm that SFA will be responsible for Electricity, Water, Garbage, Recycling, Natural Gas and Diesel and FSMC will be responsible for Trash Removal at the NSC. Answer: Fiscal Year 2016-17 - $387,872.04 Fiscal Year 2017-18 - $410,400.49 $85,000 for tank rental and liquid nitrogen per 500,000 pizzas. Cost will vary based on quantity. Liquid nitrogen cost will also vary. The FMSC is responsible for Electricity, Water, Garbage, Recycling, Natural Gas and Diesel and Trash Removal at the NSC. 7. Question: What was the actual annual cost for equipment maintenance for the last 2 years at the NSC? Answer: Please refer to page 15 exhibit L borne by the FSMC. Attachment L is located at www.duvalschools.org/purchasing 8. Question: What was the actual annual cost for equipment maintenance for the last 2 years at the school serving sites? Answer: Please refer to page 15 exhibit L. Attachment L is located at www.duvalschools.org/purchasing http://www.duvalschools.org/purchasing Page 3 of 10 RFP No. 02-19/TW, Nonprofit School Food Service Food Service Management Company ADDENDUM NO. 2 9. Question: Please provide FY17-18 annual expenses for USDA Foods Delivery Cost and USDA Foods Freight Costs. Answer: Cost of delivery and freight included in cost of USDA food product and is not a separate charge. 10. Question: Please provide a detailed asset list of equipment owned by the SFA at each site (including NSC) which includes make, model, and year purchased, along with work order & preventative maintenance history. Answer: A list substantially representing our equipment inventory has been provided in Exhibit I. Be advised that equipment is routinely retired/removed and purchased/installed at all school locations so the list is not assumed to be all inclusive. 11. Question: Please include any other assets owned by the SFA at each site (including NSC) which includes make, model, and year purchased, along with work order & preventative maintenance history that are not listed on the equipment asset list for which the FSMC will be responsible for maintenance. Answer: An asset inventory report has been made available at www.duvalschools.org/purchasing. FSMC will be responsible for maintaining all existing equipment listed, not listed, existing, and purchased over the life of the contract. Please note that items below $750 are not included, however, these items are included. 12. Question: Page 29 states The FSMC will be responsible for the cleaning of hoods and related ducts above the filter line with the cooperation of the SFA. Cleaning will be provided a minimum of two (2) times per year or as needed to comply with NFPA 96 as determined by the FSA. Page 98 states All kitchen hoods (annual cleaning only). Please clarify the language that the FSMC is responsible for cleaning the hoods with the cooperation of the SFA. How does the SFA and FSMC work cooperatively on this today? Answer: SFA has a third party certified inspector who performs an annual hood inspection in which they may require a hood cleaning. The FSMC will be responsible for all cleaning. The FSMC will be typically responsible for a minimum of (1) annual hood cleaning and may require more dependent on inspections. The SFA will have annual inspections of hoods done by a certified third party vendor who may require an additional cleaning as a result of the required inspection. Please identify which schools have a hood system. Answer: All schools require hood cleaning. Please clarify if the cleaning of the hoods is annual or biannual. Answer: FSMC shall provide a minimum of (1) annual hood cleaning. An additional cleaning may be required as a result of a third party annual hood inspection. http://www.duvalschools.org/purchasing Page 4 of 10 RFP No. 02-19/TW, Nonprofit School Food Service Food Service Management Company ADDENDUM NO. 2 13. Question: Please provide the annual student and adult a la carte sales at each school site, for the 2017- 2018 school year as well the 2018-2019 school year through October 2018. Answer: A La Carte sales have been made available at www.duvalschools.org/purchasing 14. Question: Exhibit L indicated 180 operating days for 2016-17 and 175 operating days for 2017-18. Please indicate the number of operating days to be used in our response for the for the 2019- 20 school year for elementary, middle and high schools. Answer: Please use 180 operating days in the proposal 15. Question: Regarding Exhibit A we have the following requests: Please add a column for average daily attendance by school. If that is not available, please tell us the average daily attendance percentage factor by school type (i.e. elementary, middle and high) or the total percentage factor across the district. Answer: District wide ATF: 93.80% We would like to see free and reduced %, breakfast participation, and lunch participation in the same format by school as Exhibit A for the months of October 2017 and October 2018. Answer: The SFA does not have October 2017 and October 2018 broken out separately. The April, 2018 data has been provided for information for proposal preparation. Please provide Exhibit A (reflecting any adjustments or revisions made) in an Excel file rather than a PDF file. Answer: District only provides documents in pdf for RFP solicitations. 16. Question: Exhibit L page 12, separated out meals for breakfast and lunch by elementary, middle, and high for the current year and the prior year (YTD Variance to PY Reimbursable Meals). Please include an additional breakout that would identify the number of meals served by free, reduced and paid for breakfast and lunch by elementary, middle, and high for the current year to date and the prior year (2017-18). Answer: Please refer to Exhibit A and Exhibit L page 12 for basis of information requested. 17. Question: Please provide meal counts related to Exhibit L in an Excel file if possible. Answer: District only provides documents in pdf for RFP solicitations. 18. Question: Will the district consider allowing other software solutions provided by the FSMC to be used within the nutrition department as an alternative to Nutrislice? Answer: No http://www.duvalschools.org/purchasing Page 5 of 10 RFP No. 02-19/TW, Nonprofit School Food Service Food Service Management Company ADDENDUM NO. 2 19. Question: Please provide the annual cost for Nutrislice. Answer: SFA does not have this information. Current FSMC pays for Nutrislice. 20. Question: Please identify any other software or IT systems that the FSMC is responsible for other than Nutrislice? If so, please identify the system(s), provide any annual agreements in place and if not contained with an agreement, indicate the current annual cost. Answer: Warehouse Management System and Transportation System- please refer to Exhibit W. 21. Question: Please provide a list of current a la carte Items offered and the prices charged. Answer: A La Carte menus have been made available at www.duvalschools.org/purchasing. 22. Question: Are there any limitations or restrictions the SFA has in place regarding the a la carte items that can be offered? Answer: Yes, per school based or school current Administration. 23. Question: Please provide a copy of the current supper menu cycle served. Answer: Information not available. District does not currently serve the supper meal. 24. Question: Please provide a copy of the collective bargaining agreement governing the nutrition services department including any addendums, if different than the agreement between the nutrition services employees and the SFA. Please include any additional agreements to cover all job functions. (For example: Maintenance workers). Answer: Agreement is between collective bargaining unit and current FSMC. Information is not available by the District. 25. Question: What has been the last three-year history of wage increases provided to the nutrition services employees of the SFA? Answer: NSC production employees are not district employees. 26. Question: Please provide a current organization staffing chart for the NSC. Please also include job descriptions for these positions if available. Answer: The organization chart is available at www.duvalschools.org/purchasing. 27. Question: Please provide a current listing of non-management positions for each school that includes job title, hours scheduled and wage rate. Answer: Please refer to exhibit A (Enrollment and # of points of sale) and Exhibit D http://www.duvalschools.org/purchasing Page 6 of 10 RFP No. 02-19/TW, Nonprofit School Food Service Food Service Management Company ADDENDUM NO. 2 28. Question: In the event the agreement is terminated or not renewed, will the SFA agree to reimburse FSMC or cause the successor contractor to reimburse FSMC, for the unamortized portion of any investments? Answer: As stated in Section 13.2; Convenience, If said contract should be terminated for convenience as provided herein, the District shall be relieved of all obligations under said Contract. Therefore, the SFA would not reimburse the FSMC for the unamortized portion of any investment if this agreement was terminated or not renewed. 29. Question: Please confirm that since SFA is responsible to repair and service the central refrigeration system for the walk-in refrigerated and frozen storage areas at the NSC, that FSMC is not responsible for losses of federally donated food that may arise due to equipment malfunction at the NSC. Answer: The SFA shall repair and service the central refrigeration system for the walk-in refrigerated and frozen food storage areas at the Nutrition Service Center (see Section 1 pg 24 of 64). The FSMC shall be responsible to insure for any losses of federally donated food that may arise due to equipment malfunction not within control of the FSMC (i.e. loss of electrical power, refrigeration malfunction and destruction of building or facilities containing the products). (see Section 3, pg 25 of 64). The actual liability for foods lost due to equipment breakdown or lack of maintenance shall be determined on a case-by-case basis (see Section 52 pg 18 of 64). 30. Question: Please provide a list of all potential Department of Health inspection and related costs that FSMC is expected to pay, including licenses, if any. Answer: Health Inspections two (2) per school year, one (1) per Summer School/Camp sites. Please refer to RFP pages 34 and 35 Responsibility of the SFA under Other Expenses Health Department Certificates for all schools. 31. Question: Will SFA accept a mutual waiver of recovery for property loss and damage for assets owned by the other party for which it already maintains insurance for? If not, will the SFA be willing to reach agreement with the FSMC on a total cap on liability? Answer: No. 32. Question: Will SFA grant FSMC the mutual right to terminate the contract for Cause (see Section 13.1 of RFP)? Answer: No 33. Question Please confirm that rights to copyrights and patents are limited to work developed by FSMC exclusively for the SFA? Answer: The rights to copyrights and patents are limited to work developed under this contract or under any grant, sub-grant, agreement, or program associated with this contract. Page 7 of 10 RFP No. 02-19/TW, Nonprofit School Food Service Food Service Management Company ADDENDUM NO. 2 34. Question: Can the SFA please clarify how, under Exhibit G, Performance Guarantees, the action item Failure to provide the proper number of meals, assessment shall be calculated? Per incident? Per meal? Answer: Per Meal as specified in Exhibit G 35. Question: Will SFA be willing to agree to pay interest charges on outstanding amounts due FSMC that exceed the 45-day payment period? Answer: All payments will be made in accordance with the State of Florida Prompt Payment Act. 36. Question: Following proposal submission, but prior to award (during evaluation period), will there be any consideration for additional discussions related to final agreement terms and conditions? Answer: Section 8.0 of the RFP outlines the Districts rights and reservation regarding any additional discussions following proposal submission and prior to award. 37. Question: There appears to be a conflict in the RFP regarding what constitutes the entire agreement. Pursuant to Section III, General Contract Terms and Conditions, number N, page 398, the entire agreement is the solicitation/Contract, its exhibits, and attachments and no other contract will be signed by the SFA with the exception of those specifically authorized by this solicitation. However, according to Section 15.7.16, page 54, and Section 24, page 62, the RFP reflects language regarding an executed contract, with negotiated terms. Can you please clarify what documents shall constitute the entire agreement? Answer: As stated, Section III, General Contract Terms and Conditions, number N, page 398 {corrected page from 398 to 39}, the entire agreement is the solicitation/Contract, its exhibits, and attachments and no other contract will be signed by the SFA with the exception of those specifically authorized by this solicitation. The RFP solicitation specifically authorizes an additional contract in Section 24; Agreement. Section 24 expressly states, A contract, which shall include the terms and conditions set forth in this RFP, may be released, after award, for any work to be performed as a result of this RFP . Section 24 further expresses and implies what constitutes the entire agreement as follows, This document {the RFP}, the proposal, negotiated terms, agreement if applicable {the aforementioned contract}, and any other relevant documents {i.e., addendums) will constitute the complete agreement between the Contractor and the District. Section 15.7.16, page 54, simply details the precedence of the aforementioned documents. 38. Question: Pursuant to Section 18.A.1.a, Workers Compensation and Employers Liability is applicable to FSMC employees only and therefore would not cover subcontractors or subcontractors. Is SFA willing to limit this requirement to FSMC employees only? Answer: No 39. Question: Commercial General Liability does not insure liability coverage for mold, fungus or bacteria Terrorism Silica, asbestos or lead. Is SFA willing to delete this requirement under Section 18.A.2.a.2 for such non-insurable coverage events? Answer: No Page 8 of 10 RFP No. 02-19/TW, Nonprofit School Food Service Food Service Management Company ADDENDUM NO. 2 40. Question: Insurance policies typically contain deductibles or self-insured retentions and pays such deductibles only to an additional insured under such policy. Is SFA willing to delete the entire provision under Section 18.A.2.d and Section 18.A.4.c? Answer: Yes. FSMC property only. Extra expense coverage may be deleted. 41. Question: Please clarify the intent of Section 18.A.6, Electronic Data Processing Property Insurance is to only cover FSMC property. In addition, insurance policies typically do not include extra expense coverage. Is SFA willing to delete the extra expense coverage? Answer: No. However, the following may be added to 18.b.b.: upon request of the district. 42. Question: FSMCs insurance policies are deemed by FSMC to be commercially sensitive and confidential corporate information. FSMC will be providing SFA with a certificate of insurance evidencing compliance with the coverage requirements in accordance with the RFP, and therefore is SFA willing to delete the requirement that FSMC provide copies of insurance policies? Answer: Providing a certificate of insurance will be acceptable, however, in the event that the SFA requires the actual insurance policies to resolve a contract related matter, the SFA will request the policies and the FSMC shall provide them within 7 days of the SFAs s request, electronic copies would be acceptable provided they are readable to the SFA. 43. Question: Is SFA willing to add the below language to Section 19 as subsection 19.7: Notwithstanding the foregoing, FSMCs obligation to indemnify SFA, its agents or employees, shall be limited to those liabilities resulting from the negligence of FSMC in the performance of its obligations under this Agreement, and shall in no event extend to those liabilities resulting from the actions or negligence of SFA, its agents or employees. Answer: No additional language will be added with regard to indemnification. 44. Question: Is SFA willing to delete the second sentence under Section 19.2 and replace such language by adding the following new paragraph to the end of Section 19.2: Notwithstanding the foregoing, Contractor shall have no liability for any claim of infringement or misappropriation (1) based on any modified version of any data, materials, articles and/or equipment(Deliverables) not authorized by Contractor; (2) based upon use of the Deliverables in conjunction with another product not authorized by Contractor; (3) based upon Contractors compliance with the specific instructions of an indemnified party, or (4) based on the use of any Deliverables in violation of any restrictions indicated by the items themselves or for which Contractor otherwise notifies the District. Answer: No language will be deleted from Section 19.2 Page 9 of 10 RFP No. 02-19/TW, Nonprofit School Food Service Food Service Management Company ADDENDUM NO. 2 45. Question: Please provide a route schedule for deliveries from the NSC including the type and number of delivery trucks used in your current program. a. Are there any limitations or truck constraints to be considered for deliveries into the NSC? b. Are there any limitations or truck constraints for deliveries from the NSC to the schools? Answer: SFA does not retain a copy of the route schedule for deliveries from the NSC or the type and number of delivery trucks used in the current program For deliveries to the NSC, 4 dock heights approximately 37 inches with dock leveler, 9 dock heights approximately 50 inches, and 1 dock height approximately 36 inches. There are no limitation or truck constraints for deliveries from the NSC to the schools that we are aware of. 46. Question: On page 26, item 12 indicates that the FSMC must provide a sufficient number of vehicles for deliveries to the schools. Please provide the number of and specification of each type of truck in use today. Answer: The SFA does not have this information. 47. Question: Page 34 refers to Expendable Equipment under $750. Please describe what type of equipment falls under this category. Answer: All kitchen equipment under $750 including but not limited to serving utensils, pans, pots, BIC coolers, muffin tins, pizza pans, food carts, thermometers, brooms, mops, buckets sanitation and mop. 48. Question: Within Exhibit L., specifically on page 15, do the amounts reflected on this page represent Expendable Equipment (EE) purchases in addition to repair costs, or, are the purchases for EE not included in these amounts? If the latter, (purchases are not included) please provide the annual amount spent on EE purchases over the past two years? Answer: They are not included in this amount. The SFA does not have the information regarding the annual amount spent on EE purchases over the past two years. 49. Question: In the event the SFA awards to a new FSMC, how will on-hand food and supply inventories be transitioned? Please clarify how this process will be administered in a transition phase. Is the inventory on hand the property of the SFA or the current FSMC? Answer: Refer to page 19 of the RFP #2. SFA retains all USDA commodities, FSMC purchased products are property of the FSMC. 50. Question: Please provide a floor plan for the serving and dining area of the Administration Building full service cafeteria program. Page 10 of 10 RFP No. 02-19/TW, Nonprofit School Food Service Food Service Management Company ADDENDUM NO. 2 Answer: For security reasons, this information is not provided to any prospective contractors. 51. Question: Please provide the following information related to the Administration Building full service cafeteria program: How many employees in total work at the administration building? What hours of operation is the dining area open today? Answer: The SFA does not have information regarding the number of employees. Hours of operation are: Breakfast 7:30-9:30 and Lunch 11:00-1:30. 52. Question: Please provide information showing the number of employees that are currently opting for insurance benefits and the level of coverage insurance that they are receiving (example, employee only coverage, employee +1 coverage, family plan coverage). Answer: The SFA does not have this information. 53. Question: Please provide the allocated value and estimated delivered value for USDA Allocations, DOD, and Further Processed Commodity items for the 2018-19 school year similar to the spreadsheet on Exhibit L that was done for the 2017-18 School Year. Please also provide any information, if known, about the allocated value of these items for the 2019-20 school year. Answer: 2018 -19: Total Entitlement: $3,846,611 DOD Fresh- $942,449 Brown Box and or Sent to Processor- $2,921,222 SFA has no known information for school year 2019-20 54. Question: In section 8 G in regards to Presentations we request the following: If the District decides to require presentations could there be a longer notice given then 4 days to ensure that adequate travel could be obtained for participants attending from out of state? Answer: If the District determines that presentations are necessary, we will make every effort to provide as much notice as possible of presentation dates and times. 55. Question: In section 8 G in regards to Presentations we request the following: Will DCPS be agreeable to a final contract with terms and conditions that are consistent with the terms in the existing food services agreement in place with Chartwells (e.g., termination rights, investment protection, information technology security, etc.)? Answer: The District will be open to negotiating certain items. RFP N0. 02-19/TW, Nonprofit School Food Service Food Service Management Company Addendum No. 1 ADDENDUM NO. 1 Information only www.duvalschools.org/purchasing Issue Date: November 2, 2018 Phone: 904-858-4859 Buyer: Terrence Wright Bid Number: RFP N0. 02-19/TW Bid Title: Nonprofit School Food Food Service Management Company Term of Bid: July 1, 2019 through June 30, 2020 Opening: Thursday, January 10th, 2019, 2:00 p.m. (EDT). Bids received prior to this date and time will be opened in the Conference Room, and may not be withdrawn for 120 days after opening. All bids received after the specified date and time will be returned unopened. Purpose: To clarify a responsibility of the Food Service Management Company (FSMC) The FMSC is responsible for Utilities at the Nutrition Service Center (NCS) including Praxair Liquid Nitrogen Supply Tank Rental, and other related expenses. eile re http://www.duvalschools.org/purchasing http://www.duvalschools.org/dcps RFP No. 02-19/TW, Nonprofit School Food Service Food Service Management Company REQUEST FOR PROPOSALS (RFP) RFP NO. 02-19/TW Nonprofit School Food Service Food Service Management Company RFP Release Date: October 26, 2018 Site Visits: November 7th and 8th, 2018 Deadline for Written Questions: November 26, 2018, 4:00 p.m. (EDT) Proposals Opened: January 10, 2019, 2:00 p.m. (EDT) Committee Evaluation: January 17, 2019 January 18, 2019 (completion if needed) Board Award: March 2019 In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA. Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: http://www.ascr.usda.gov/complaint_filing_cust.html, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410 fax: (202) 690-7442; or email: program.intake@usda.gov. This institution is an equal opportunity provider. eile re http://www.ascr.usda.gov/complaint_%EF%AC%81ling_cust.html mailto:program.intake@usda.gov Page 1 of 64 RFP No. 02-19/TW, Nonprofit School Food Service Food Service Management Company ATTACHMENT A Duval County Public Schools www.duvalschools.org 1701 Prudential Drive PHONE: (904) 390-2000 Jacksonville, FL 32207 TDD: (904) 390-2898 Purchasing Services PH: (904) 858-4848 1701Prudential Drive, Suite 322 FAX: (904) 858-4868 Jacksonville, FL 32207-8152 Request for Proposals (RFP) Required Response and Cost Proposal Form Nonprofit School Food Service Food Service Management Company RFP No. 02-19/TW This response must be submitted to Duval County Public Schools, Purchasing Services, 1701 Prudential Drive, Suite 322, Jacksonville, FL 32207-8152, no later than 2:00 p.m. EDT on January 10, 2019 and plainly marked RFP No.02- 19/TW. Responses are due and will be opened at this time. Responses received after 2:00 p.m. EDT on the date due will not be considered. Proposal Certification I hereby certify that I am submitting the following information as my company's response and understand that by virtue of executing and returning with this response this REQUIRED RESPONSE FORM, I further certify full, complete, and unconditional acceptance of the contents of all pages, inclusive of this Request for Qualifications, and all appendices/attachments and the contents of any Addendum released hereto. VENDOR (firm name): STREET ADDRESS: CITY & STATE: PRINT NAME OF AUTHORIZED REPRESENTATIVE SIGNATURE OF AUTHORIZED REPRESENTATIVE: TITLE DATE: CONTACT PERSON: CONTACT PERSON'S ADDRESS: TELEPHONE: FAX: TOLL FREE: INTERNET E-MAIL ADDRESS: INTERNET URL: VENDOR TAXPAYER IDENTIFICATION NUMBER: NOTE: Entries must be completed in ink or typewritten. An original manual signature is required. Total Fixed Price Charge per Meal and/or Meal Equivalent (Prices shall be carried out to no more than 4 decimal places): $ Written Amount Numeric Amount Note: in the event of a discrepancy between the above amounts, the numeric amount shall govern. The offer shall remain firm for a minimum of 120 days through the contract approval process. eile re http://www.duvalschools.org/ Page 2 of 64 RFP No. 02-19/TW, Nonprofit School Food Service Food Service Management Company NONPROFIT SCHOOL FOOD SERVICE - FOOD SERVICE MANAGEMENT COMPANY RFP No. 02-19/TW INDEX 1.0 Introduction 2.0 The Services 3.0 Contract Term 4.0 Ex Parte Communication 5.0 Preparation and Submission Requirements 6.0 Familiarity with District and Additional Information 7.0 Time Schedule 8.0 District Rights and Reservations 9.0 Bonds 10.0 Proposal Format and Evaluation Criteria 11.0 Proposal Evaluation Process 12.0 Personnel 13.0 Termination, Suspension, and Remedies 14.0 Default 15.0 Legal Requirements 16.0 Federal and State Tax 17.0 Conflict of Interest 18.0 Insurance Requirements 19.0 Indemnification/Hold Harmless Agreement 20.0 Public Records Law 21.0 Permits and Licenses 22.0 Public Entity Crimes 23.0 Assignment of Contract and/or Payment 24.0 Agreement 25.0 Dispute 26.0 Disclaimer 27.0 Office of Economic Opportunity Participation 28.0 Funding Out 29.0 Copyrights and Patents 30.0 Purchases By Other Public Entities Page 3 of 64 RFP No. 02-19/TW, Nonprofit School Food Service Food Service Management Company ATTACHMENTS TO BE COMPLETED AND RETURNED AS A PART OF EACH PROPOSAL: A. Required Response and Cost Proposal Form (Page 1 of 64) B. Office of Economic Opportunity Proposed Schedule of Participation Form C. Composite Federal Forms (Total of 5 pages) D. USDA Debarment Certification Form No. AD-1048 E. USDA Drug-Free Workplace Certification Form No. AD-1049 EXHIBITS A. Site List 2017-2018 B. District Food Service Employee Information C. Retail Dining Food Service Contract & Fourth Renewal D. Minimum Required Staffing Levels by School E. Certificate of Independent Price Determination, and Certificate Regarding Lobbying F. USDA Foods Inventory as of June 2018 G. Performance Guarantee Outline H. Menu Types, Final Rule on Nutrition Standards in the NSLP & SBP, and Food Based Nutrition Standards for Menu Planning NSLP & SBP I. Asset List School Site Food Service Equipment J. Asset List Administrative Dining Food Service Equipment K. Asset List Nutritional Service Center Food Service Equipment L. Food Service Review Report Example from Year End Summary 2017-2018 M. Exclusive Healthier Beverage Agreement N. (There is no Exhibit N) O. 2017-2018 NSLP Meal Equivalents Report P. 2017-2018 SFSP Meal Equivalents Report Q. Sample Invoice R. Pre-Award Waiver for Good Faith Efforts S. Evaluation Worksheet T. Kids Hope Alliance Agreement U. (There is no Exhibit U) V. Attrition Procedure W. WITS Maintenance Agreement X. Site Vist Schedule Y. School Food Authority Directors Guide to Professional Standards Page 4 of 64 RFP No. 02-19/TW, Nonprofit School Food Service Food Service Management Company DUVAL COUNTY PUBLIC SCHOOLS RFP: NONPROFIT SCHOOL FOOD SERVICE - FOOD SERVICE MANAGEMENT COMPANY RFP No. 02-19/TW 1.0 INTRODUCTION: 1.1 Purpose: This is a Request for Proposals (RFP) for the purpose of selecting a commercial enterprise or nonprofit organization as the Food Service Management Company (FSMC) to provide complete management and operations of the nonprofit school food service in all food service facilities for Duval County Public Schools (DCPS, the District or the School Board). In this document, the District will also be referred to as the School Food Authority (SFA). (Please see Section II, Definitions). Meal programs may include the United States Department of Agriculture (USDA) National School Lunch Program, School Breakfast Program, Fresh Fruit and Vegetable Program, Special Milk Program, Child and Adult Care Food Program and/or Summer Food Service Program. 1.2 General Information about the District: The District and its governing board were created pursuant to Section 4, Article IX of the Constitution of the State of Florida. The District is an independent taxing and reporting entity managed, controlled, operated, administered, and supervised by District school officials in accordance with Chapter 1001, Florida Statutes. The Board consists of seven elected officials responsible for the adoption of policies, which govern the operation of District public schools. The Superintendent of Schools is responsible for the administration and management of the schools within the applicable parameters of state laws, State Board of Education Rules, and School Board policies. The Superintendent is also specifically delegated the responsibility of maintaining a uniform system of records and accounts in the District by Section 1010.01, Florida Statutes, and as prescribed by the State Board of Education. The District is coterminous with Duval County, which covers 850 square miles. The total annual budget for the District for FY 2017-2018 equals $1.765 Billion, and includes a Food Service budget of $68.8 Million. The District operates 163 schools. Of the school sites, 156 participate in the school meal program, including 104 elementary schools, 24 middle schools, 19 high schools, 7 alternative schools, 6 Exceptional Student Schools, 2 Combination (K-8) schools and 2 Combination (6-12) schools. Please refer to Exhibit A. Total full time enrollment of public school students is approximately 128,736 FTE as of the last student count in July 2018. There are approximately 112,500 students eligible for participation in the meal programs. The District also maintains food service operations and the Main Administration Building. The District operates a food production and distribution facility, which prepares food items and distributes to all schools in the District. Additional information regarding the District may be obtained by visiting the DCPS web site at www.duvalschools.org. Potential respondents are encouraged to thoroughly review the information contained therein in order to become familiar with the District and its operations. 1.3 Background: The District has out sourced its food service operation since 1994. The currently contracted FSMC is Compass Group USA, Inc., dba Chartwells School Dining Services. 1.4 District Objectives: The District wishes to receive proposals for selection of a firm to provide services to the District for an initial period of July 1, 2019 through June 30, 2020. Primary District objectives are as follows: http://www.duvalschools.org/ Page 5 of 64 RFP No. 02-19/TW, Nonprofit School Food Service Food Service Management Company A. To increase student participation at all levels; (ii) To maintain or improve the level of food quality at each service point; (iii) To upgrade equipment and facilities, as required; (iv) To actively solicit school and community input; (v) To provide a variety of menu choices to meet dietary requirements arising from medical and/or religious restrictions; (vi) To practice successful marketing outreach with a strong emphasis on public relations; (vii) To establish and maintain a stringent cleanliness/sanitation program (viii) To partner with other local public agencies in providing nutritious meals in evening and after school programs for those in need in the community. B. To establish a formal structure to routinely and continuously gather input from school food service employees to ensure effective and efficient operations. C. To establish and conduct management and operational staff training programs that will ensure appropriate staff development, proper supervision, consistent quality control and the exercise of appropriate safety procedures. D. To develop and maintain model management/operations staffing patterns at all schools, based upon their individual needs, which will assure quality service and retention of qualified employees. E. To develop a viable method of accurately determining the level of customer satisfaction, as well as remedial steps to be taken, as necessary. F. To maximize recycling efforts and minimize contributions to the solid waste stream. G. To develop and implement an effective and efficient operation for the Districts Nutrition Center for the Districts food service operations. The operation of the Districts Nutrition Center should reduce costs in the Food Service Program while increasing or at least maintaining food quality and food safety. H. To continue the current breakfast program which includes traditional breakfast, breakfast in the classroom (BIC), breakfast carts, and breakfast after the bell as approved by the SFA. I. To research and implement additional and alternative methods of serving meals to students, to increase participation in both breakfast and lunch. J. To introduce students to a variety of produce that they otherwise might not have the opportunity to sample through the Fresh Fruit and Vegetables Grant. The grant may be awarded each year based on school applications and available funding. K. To expand the program to serve students in non-traditional locations using trucks equipped to serve both hot and cold food. L. To support our community by sourcing products grown or raised locally, a minimum of 50% purchased locally. To educate students and parents on the importance of the agricultural community in Florida by creating an awareness of available agricultural products, nutritional value of food grown in the state, and potential career paths in agricultural sciences. Page 6 of 64 RFP No. 02-19/TW, Nonprofit School Food Service Food Service Management Company SECTION II DEFINITIONS Addenda are written documents issued by the SFA prior to the opening of proposals, which modify the RFP document by additions, deletions, clarifications or corrections. After School Meal Program (AMP) The After School Meal Program is a sub-component of the Child Care Feeding Program (CCFP). The AMP provides reimbursement for nutritious snacks and/or suppers served to children participating in eligible afterschool programs located in low-income areas. Bid Award is the awarding of a contract to a successful respondent signifying the acceptance of the proposal. Board is the elected governing body of the School Food Authority (SFA). The Board will provide final approval or disapproval to the Superintendents recommendation for award of contract. Child Care Food Program (CCFP) provides snacks or meals to eligible students in after school feeding programs. CCFP is authorized at section 17 of the National School Lunch Act (42 U.S.C. 1766). Program regulations are issued by the U.S. Department of Agriculture (USDA) under 7 CFR Part 226. Capitalized Equipment is any item with a per-unit purchase price of $750 or more. CFR is the Code of Federal Regulations. Child Nutrition (CN) Label is the indicator that the product conforms to the nutritional requirements of the USDA Food and Nutrition Service (FNS). The label shows the contribution made by a given amount of product toward meal requirements. Commodities (now called USDA Foods) are predominantly bulk foods donated or made available for donation to eligible recipient agencies by USDA. Community Eligibility Provision (CEP) is an alternative to the traditional National School Lunch Program (NSLP) in that it allows schools with high numbers of low-income children to serve free breakfast and free lunch to all students without collecting school meal applications. Instead of processing school meal applications to determine individual student eligibility, the eligibility of the school is calculated by the number of students directly certified receiving Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF) or other outside agency benefits in comparison to the enrollment. The CEP program is designed to feed more kids at high need schools by allowing universal free meals for all kids at any school that qualifies. At the start of SY 18-19, 127 school sites were approved for this program. Competition is the process by which two or more qualified companies seek to secure the business of a customer by offering the most favorable terms as to price, quality, service, marketing plans, education and financial returns. Contract is the formal agreement between the SFA and the successful respondent to this RFP. The RFP and the FSMCs proposal in response to the RFP are part of the contract documents. The contract term shall be limited to no more than one year, with the effective beginning and ending dates stated in the contract. The beginning date shall not be prior to the date the contract is signed. Additionally, if renewals Page 7 of 64 RFP No. 02-19/TW, Nonprofit School Food Service Food Service Management Company will be permitted, the contract must also state the date by which the renewal must be executed by both the SFA and FSMC. No more than four one-year renewals are allowable and the contract cannot contain automatic renewal provisions. The renewal date must occur on or prior to the expiration date of the current contract. Any provisions, including adjustments to payments that will be used for renewing contracts shall be stated in the contract. These provisions cannot result in substantive changes to the original contract. If the SFA determines that significant substantive changes are necessary, the SFA must resolicit the contract. The following provisions would normally not substantially change the contract: a. Changes in Number of Schools - new schools added or existing schools closed; b. Changes in Enrollment - decreases or increases in student enrollment and the corresponding change expected in participation; c. Changes in Price - meal price changes (determined by the SFA); d. Cost Increases - cost increases limited to a measurable index in accordance with the escalation procedure; and e. Meal Equivalency - minor adjustments to the per meal equivalency. Contract Term is the time length of any contract resulting from this solicitation process. The contract awarded as a result of this RFP shall be effective for the school year beginning July 1, and ending June 30. The contract may, at the discretion of the Board, be renewed annually for up to four additional one- year terms. Department is the Florida Department of Agriculture and Consumer Services (FDACS). Equipment Transfer Form (ETF) is used to track the movement of all District equipment from one location or cost center to another. Movement of equipment is initiated when the requesting school principal or department head identifies the equipment or supplies to be removed from their location or transferred to another school or department. Expendable Equipment is defined as any item with a useful life of more than one meal service and with a purchase value per unit of less than $750. Fixtures are goods which have become so related to the real estate that an interest in them arises under real estate law (examples: include but are not limited to: counters, islands, stoves, ovens, sinks, service stations which cannot be removed without damaging the floor, etc). FNS is the Food and Nutrition Service of the United States Department of Agriculture (USDA). Food Service Director is the point of contact and approval for all parts of the agreement between the District and the Food Service Management Company. Food Service Management Company (FSMC) is the company to whom the contract is awarded as a result of this RFP. Fresh Fruit and Vegetable Program (FFVP) is a USDA program that provides funding for the distribution of free fresh fruits and vegetables to students in selected elementary schools with high rates of free- and reduced-price meal enrollment. It is intended to increase fruit and vegetable consumption among students in the nations poorest elementary schools by providing free fresh fruits and vegetables to students outside of regular school meals. Page 8 of 64 RFP No. 02-19/TW, Nonprofit School Food Service Food Service Management Company FSMC's Responsibility is the full measure of products and/or services required of the FSMC under the contract. The FSMC shall be fully acquainted with conditions, facilities and expectations of the SFA relating to the scope and restrictions attendant to the successful execution of the contract. Failure of the FSMC to fully research all aspects of the contract, or any acts of omission, or failure to fully inspect all facilities, or failure to perform due diligence with respect to any aspects of the contract shall in no way relieve the FSMC from financial obligations or contractual performance. HACCP is Hazard Analysis and Critical Control Points. HHFKA is the Healthy Hunger-Free Kids Act of 2010. In-Kind Meals are meals provided without charge. In-kind meals will NOT be provided to teachers, aides, maintenance workers, secretaries, principals, custodians and/or visitors. Meal Equivalent. The meal equivalent formula shall be as follows: 1. One student or 1 paid adult lunch = 1 meal equivalent 2. Two student or 2 paid adult breakfasts = 1 meal equivalent 3. Four student snacks = 1 meal equivalent A la Carte sales are converted to meal equivalents by dividing the total dollars of a la carte sales by 1.25, and then dividing the result by the proposed price per meal ((a la carte sales/1.25) / price per meal). Meal Pattern will conform to the requirement of the Healthy, Hunger Free Kids Act of 2010. National School Lunch Program (NSLP) is the program under which participating schools operate a nonprofit lunch program in accordance with 7 CFR Part 210. NFPA 96 is the Standard for Ventiliation Control and Fire Protection of Commercial Cooking Operations. NFPA 96 provides preventive and operative fire safety requirements intended to reduce the potential fire hazard of both public and private commercial cooking operations. No Cost Replacement Meal is a lower cost entree and a juice mutually agreed beween the district and the FSMC that is provided to a student who has no lunch money. The FSMC will be compensated $1.50 for each no cost replacement meal served. This replacement amount shall remain the same for the life of the contract. Nutritional Analysis is an analysis of proposed menus to assure compliance with the meal pattern and nutritional standard requirements as eligible to receive performance-based cash assistance for each reimbursable lunch served. NOTICE TO RESPONDENTS: Proposals shall include a nutritional analysis for each menu planned for all programs operated. Nutritional analyses must be available for all program meals planned and served daily during the contract period(s). Nutrition Service Center (NSC) is the District owned central kitchen facility and offices located at 3405 Norman E. Thagard Blvd, Jacksonville, FL 32254 OMB Circular A-102, was the official Federal regulation governing procurement activities of state and local grantees of Federal funds, including local food service operators receiving Federal funds issued by the USDA, Food and Nutrition Service. NOTE: This Circular has generally been replaced by 7 CFR Part 3016 (For Public Sponsors) and 7 CFR Part 3019 (For Private Sponsors) as of April 1, 2001 in Florida. Pa

1701 Prudential Drive Jacksonville, FL 32207Location

Address: 1701 Prudential Drive Jacksonville, FL 32207

Country : United StatesState : Florida

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