Nonprofit School Food Service-Food Service Management Company

EVERY SCHOOL. EVERY CLASSROOM. EVERY STUDENT. EVERY DAY. Duval County Public Schools www.duvalschools.org Purchasing Services PH: (904) 858-4848 1701 Prudential Drive, Suite 322 FAX: (904)858-4868 Jacksonville, FL 32207 October 18, 2023 Compass Group USA, Inc. 2400 Yorkmont Road Charlotte, North Carolina 28217 RE: RFP No. 21-23/TW, Nonprofit School Food Service-Food Service Management Company On Tuesday, May 2, 2023, the School Board of Duval County Public Schools approved the award of RFP No. 21-23/TW, Nonprofit School Food Service-Food Service Management Company. The Board action authorized the contract for the period of July 1, 2023 through June 30, 2024. In accordance with Section 18 of the RFP, Insurance Requirements, please forward an updated copy of your insurance certificate. If you have any questions about this award, please contact Terrence Wright at (904) 858-4859. We look forward to a continued

successful partnership. Terrence Wright, Director DCPS Purchasing Services cc Master Bid File http://www.duvalschools.org/ I AGREEMENT BETWEEN THE SCHOOL BOARD OF DUVAL COUNTY, FLORIDA, AND COMPASS GROUP USA, INC. This Agreement is made and entered into effective May 3, 2023 (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"), and Compass Group USA, Inc., a Delaware corporation authorized to transact business in Florida, and d/b/a Chartwells School Dining Services (the "Contractor"), WIT N E S S ET H: Whereas, the District issued RFP NO. 21-23/TW "Nonprofit School Food Service - Food Service. Management Company (with attachments) dated on or about January 31, 2023, together with Addendum No. 1 dated February 2, 2023, and Addendum No. 2 dated February 28, 2023 (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 I 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, the defined terms in this Agreement shall have the same meaning as defined 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 District's 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. • 1.3 Meal Count Guarantee; The Request for Proposal (RFP) states that 103,578 students are eligible for participation in the meal program. A Meal Count Guarantee of 14,439,236 Million meal equivalents per contract year is mutually agreed to subject to consistent, stable student enrollment for meal participation. Accordingly, for the 2023-2024 school year and for each renewal year approved on this food service contract, the number of meal equivalents (MEQ's) in the meal count guarantee will be reduced by the same percentage that the student enrollment eligible for meal participation falls below the RFP number of students (i.e., 103,578). The number of students eligible for meal participation in a given year will be based upon the District's 20 day count for students. The measurement of performance to the agreed meal equivalent guarantee will be adjusted for any loss of full school days, adjustments to the school calendar resulting in reduced participation. For an avoidance of doubt, the meal count number shall include MEQ calculations for all meal types, including breakfasts, lunches, snacks, and a la cart. The Contractor will provide a $300,000 performance guarantee payment if the meal count is not achieved in any contract year under this Agreement. 1.4 Lunch in the Classroom Meals: Contractor will provide lunches to students in the classroom at certain school locations, as mutually agreed to by the Contractor and District. ARTICLE II COMMENCEMENT AND RENEWAL 2.1 Contract Term. The Services shall commence on July 1, 2023 in accordance with the schedule set forth in Section 3.1 of the RFP. 2.2 The month of the index specified in Section 3.0; Contract Term, subsection 3.2; Escalation Provision; shall be changed from "the month prior to the month in which the contract naturally expires." to the "the month of December within the school year prior to the next renewal year (i.e., the month of December 2023 index would be used to determine escalation for the 2024-25 contract year)." ARTICLE Ill COMPENSATION 3.1 The maximum obligated amount under this Agreement shall be as set forth in Attachment A of the Proposal, with exception of revisions provided within this section, and subject to the provisions of the contract documents regarding any renewal term. The Total Fixed Price Charge per Meal Equivalent for the 2023-2024 school year has been revised, through contract negotiation, to equal $4.04 per meal equivalent. 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 See Section 2.0 FEES, Item 4. Of the RFP. The following sentence shall be added, "Information regarding any meals for which the SFA proposes to withhold payment will be presented to the FSMC monthly in conjunction with the monthly billing cycle.". 3.3 Contractor shall allocate Two Hundred Fifty Thousand Dollars ($250,000) as a Compass Partnership Fund ("Investment") for each year the Agreement remains in effect, which may be used by the District to support District programs. Any unused funds from the Investment shall be rolled over and added to the next year's investment allotment, provided the Agreement is renewed for the following term. In the event that the Agreement is terminated for any reason or is not renewed prior to any annual disbursement, the District shall have no right (and hereby waives all claims) to any remaining, undisbursed Investment. Except for the Investment described herein, Contractor shall have no additional investment funding obligations during the term of this Agreement and the District hereby waives the annual allowance for capital emergency equipment under the RFP, pg. 14, Section 16. ARTICLE IV CHANGE ORDERS 4.1 The fixed meal rate is based on existing conditions as of the date the Contractor submitted its proposal to the District. In the event any of the following changes in circumstances materially impact the food service program during the term of the contract, or during any renewal term, the parties shall meet and may mutually agree on the appropriate adjustment to the fixed equivalent meal rate to reflect the impact of the change in costs and circumstances: (a) changes to Contractor's service model requirements, including but not limited to material changes to menu or packaging requirements, or material changes to food and supply costs; (b) the implementation of any local, state, or federal minimum wage increase or changes to labor costs due to changes to any applicable collective bargaining unit; (c) material changes to student enrollment eligible for participation in meal programs, including but not limited to the preservation of current in-person student enrollment without reduction associated with migration of attendance to online/distance learning; or (d) major disease (i.e., COVID- 19) outbreak creating additional cost impacts on service model requirements. 2 ARTICLEV TERMINATION 5.1 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 Contract provisions by the SFA. The termination process shall be the same as described for the SFA in Section 13.2 of the RFP. 5.2 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, Division of Food Distribution, the Contractor may (1) transfer the USDA Foods to an alternative, approved NSLP client within the State of Florida, or the SFA will (2) cause the subsequent food service provider to pay to FSMC the credited value of such leftover foods, but in rio case shall the SFA be liable to the outgoing FSMC for such credited value should the subsequent food service provider fail to pay the outgoing FSMC . The SFA a.nd Contractor will work closely together to use and reduce commodities inventory to the maximum extent possible to ensure reduced commodity balances at the end of the contract term. ARTICLE VI MEETINGS; REPORTS; NOTICES 6.1 The parties agree that all communications relating· to the day-to-day activities 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. 6.2 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. 6.3 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 and the Contractor set forth below .. Until changed by notice in writing, all such notices and communications shall be addressed as follows: If to the District: If to the Contractor: Duval County Public Schools Attn: Assistant Superintendent of Operations 1701 Prudential Drive, 5th Floor Jacksonville, Florida 32207 Compass Group USA, Inc. Attn: President 2400 Yorkmont Road Charlotte, North Carolina 28217 ARTICLE VII MISCELLANEOUS 7.1 USDA Foods, Section Ill, USDA Foods, No. 1 shall be amended to include the following statement at the end of such section: "In an effort to support the SF A's food service operation for the preparation and service of meals in as large a quantity as is practicable, Contractor commits to use of the initial Planned Assistance Level (PAL) entitlement for USDA Foods issued by FDACS. All Bonus entitlements offered in addition to the initial PAL entitlement during any given contract year must be mutually beneficial to overall food service program and the SFA shall confer with the Contractor to help ensure that benefit." 7.2 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 3 applications (the "District Systems") this excludes all WMS warehouse management system (and FSMC provided) software and associated maintenance there of. 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 ahy 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 pdvacy 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 District's failure to comply with its written agreement(s) with the merchant card services providers 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 Contractor's 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. 7.3 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. 7.4 Operational Clarifications; Notwithstanding anything to the contrary in the RFP, the following operational considerations shall be permitted during the term of the Agreement: (i) Contractor shall plan menus and count' meal components according to NSLP and NSBP standard requirements; (ii) Contractor shall be permitted to serve student favorite meals at an appropriate frequency as part of the meal service to improve student satisfaction and meal participation; (iii) Menu adjustments (Chef's Choice Day) will be allowed one day a month per school, as mutually agreed upon for each occasion, to help reduce excess food inventories at select schools; (iv) The SFA and Contractor shall work together to reduce food waste from fruits and vegetables; and (v) SFA will allow Summer and Supper sites with 35 students or less to receive hot meal drop off service at an agreeat;>le time frame with the school such that meals are served hot at the schools while FSMC personnel maintains food safety and meal accountability. 4 IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first above written. By:.,...--,-J~=="'----"~:-::"""'-:=--.,...---:- - Di na Greene, Ed.D., Superintendent Of Schools and Ex-Officio Secretary to The Board May 2023 Witnesses: Name: ___________ _ Name: ___________ _ COMPASS GROUP USA, INC., a Delaware corporation authorized to transact business in Florida, d/b/a Chartwells School Dining Services Dated: ___ M_a..._y_1_7 ___ _, 2023 Approved by Florida Department of Agriculture and Consumer Services Food and Nutrition Management By: _________ _ Date: 2023 -------~ 5 May 2, 2023, Regular Board Meeting Title 23. NONPROFIT SCHOOL FOOD SERVICE - FOOD SERVICE MANAGEMENT COMPANY RFP NO. 21-23TW Recommendation That the Duval County School Board approve award of the Nonprofit School Food Service - Food Service Management Company contract, RFP No. 21-23TW, to Compass Group USA, Inc., a Delaware Corporation authorized to transact business in Florida d/b/a Chartwells Dining Services in an amount not to exceed $58.5M from July 1, 2023, through June 30, 2024. 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) for a new Food Service Management Company (FSMC) to provide food service management and operations for Duval County Public Schools (DCPS). Our district only received one proposal from Chartwells, the incumbent contractor, in response to the RFP. Given the uncertainty in the economy, labor shortages, and supply chain disruptions, a limited response to this firm fixed price contract offering was not unexpected. This new RFP was released because the incumbent contractor advised our district in writing that they were experiencing a large dollar loss under our current food service contract and could not mutually agree to renew for the 2023-24 SY without a major price increase. Mutual agreement with the contractor is required to renew, per our contract terms, and large general price increases beyond Consumer Price Index rates increases are not allowable. Had we been able to renew for the fifth and final year of the current contract, then the RFP would have been released next year versus this current year. The recommended award is to the incumbent FSMC (e.g., Chartwells). Chartwells has demonstrated adaptability and flexibility in handling labor shortages, supply chain problems, safety protocols, and accommodating shifts in food service models through the unprecedented times of the COVID pandemic and recent hyper-inflation being experienced. School principals have rated Chartwells performance as successful on the most recent principal report cards with 99% of all grades equal to an A or B (i.e., 92% were A’s and 7% were B’s, no F’s). Participation in the school meal programs has remained stable during this contract term. Through various community events and partnerships, Chartwells has demonstrated their dedication to the community surrounding Duval County Public Schools. The initial term of this contract for FSMC services is from July 1, 2023, through June 30, 2024. 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 Needed food service management and operations would be fulfilled via this contract action. Previous Outcomes The current contract was awarded to Chartwells beginning July 2019 and has resulted in effective and successful contract performance over the past four years. Expected Outcomes If the new FSMC contract is awarded, contract performance would continue to be successful. Strategic Plan Goals and Principles DCPS will provide a culture and climate that improves academic, social, and emotional development. Financial Impact The Food Service Management Company contract is wholly funded through Federal Food Service funds, not general operating funds. Sufficient funds are expected in the Food Service account in 2023-24 school year to fully fund this contract. The new 2023-24 contract value was initially estimated at approximately $59.5 M. The existing contract is for the 2022-23 school year is estimated at $47.2M. The final costs of the new contract were negotiated approximately $1M lower to a maximum of $58.5M based upon the projected number of meals to be sold. Contact Paul Soares, Assistant Superintendent, Operations, 904-390-2008 Attachments 1. FSMC CONTRACT 2023-24 - 24 Apr 2023 - Final DUVAL COUNTY PUBLIC SCHOOLS PURCHASING DEPARTMENT 1701 PRUDENTIAL DRIVE JACKSONVILLE FL 32207 PH (904) 858-4848 FAX (904) 858-4868 OIJV COUN TY "Ual.lC 11,C"OOLr, April 4, 2023 NONPROFIT SCHOOL FOOD SERVICE - FOOD SERVICE MANAGEMENT COMPANY RFP NO. 21-23/TW RECOMMENDATION FOR A WARD DATE OPENED: March 28, 2023 Summary of Protest Policy (Full Policy Text Can Be Found in Board Policy 7.70(V) In a contract procurement process, any person who is adversely affected by the agency Decision or Intended Decision and intends to protest the Decision or Intended Decision, shall file a notice of protest in writing with the school district's Agency Clerk (Executive Director, Office of Policy and Compliance) within seventy-two (72) hours after the posting of the notice of Decision or Intended Decision. A notice of protest should not be filed before the seventy­ two (72) hour period begins. The seventy-two (72) hour period begins upon posting of the Decision or Intended Decision. The notice of protest must be actually received by the Agency Clerk before the seventy-two (72) hour period expires. The seventy-two (72) hour period excludes Saturdays, Sundays, and holidays when the school district's administrative office is closed. The seventy-two (72) hour period is not extended by service of the notice of protest by mail. Failure to timely file a notice of protest shall constitute a waiver of proceedings under Board Policy and section 120.57(3), Florida Statutes. The notice of protest shall identify the procurement by number and title or any other language that will clearly enable the Agency Clerk to identify it; and it shall state that the person intends to protest the decision. The protester shall file a formal written protest with the Agency Clerk within ten (10) days after the date the notice of protest is filed. Failure to timely file the formal written protest shall constitute a waiver of proceedings under Board Policy and section 120.57(3), Florida Statutes. The ten (I 0) day period for filing the petition is not extended by service of the petition by mail. Note: The above text is a summary. Please consult Board Policy 7.70, and specifically paragraph (V), for the full text of the policy and protest requirements. The Board Policies are found on the school district's website within the Department titled "School Board." SEE ATTACHED ------------ ------------- Nonprofit School Food Service - Food Service Management Company RFP No. 21-23/TW EVALUATION COMMITTEE SUMMARY Ranking Proposer Avai lable Points Points Attained 1 ComRass USA, Inc. through Chartwells Division 600 - Recommended Vendor LCPS Furch.:1sin9 ::;i::n,.;ii~es 202:3 t=1PR 4 ~·~2: l(l DCPS Purch.::1:::in9 ~:;1::ruiees 2023 APR 12 Pr-12:48 1 RFP No. 21-23/TW Addendum No. 2 ADDENDUM NO. 2 www.duvalschools.org/purchasing Issue Date: February 28, 2023 Phone: 904-858-4859 Buyer: Terrence Wright Bid Number: RFP No. 21-23/TW Bid Title: Nonprofit School Food Service – Food Service Management Company Opening: Tuesday, March 28, 2023, 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. The addendum shall serve to amend, replace and append information provided to potential respondents in the original ITN package. To assist in the development of their responses, interested firms are encouraged to carefully review the information found in this addendum and on any additional enclosed documents. Purpose: 1. To answer questions received in accordance with this RFP. Questions and Answers Compass Group 1. Question: Page 7 Will DCPS maintain CEP status at all schools for the 23/24 school year and beyond? If so, what is the anticipated claim % for Free meals, and what is the anticipated claim %for Free meals, and what is the anticipated claim % for Paid meals? Answer: The district analyzes the CEP eligibility and weighs the option on an annual basis to make a determination on what schools will participate in the CEP program for the following school year. We do anticipate keeping all schools on the CEP program for the 2023/2024 school year. The anticipated claim % for Free and Paid meals will be based on April 2023 Data, which is not available at this time. 2. Question: Page 35 and Exhibit O The RFP references Supper Meals as an FSMC responsibility multiple times. Page 35 and Exhibit O, however, State Supper Meals are ‘not included in the meal equivalent’. Does the RFP require a separate Fixed Meal Rate for Supper meals? Answer: The RFP does not require a separate meal rate for Supper/CCFP meals; a supper is equal to one meal equivalent. The number of schools that provide the supper program varies throughout the school year based on a school’s economically needy eligibility, availability of enrichment programs and other criteria outside of the control of Food http://www.duvalschools.org/purchasing http://www.duvalschools.org/purchasing 2 RFP No. 21-23/TW Addendum No. 2 Service. Due to this variance, the meals served at the supper sites are not calculated in the meal equivalent equation. 3. Question: Is there a standard service model requirement for Supper Program locations? a. If so, please provide a detailed description of the required Supper Program service model. b. If not, will DCPS allow the FSMC to modify menus and service model to accommodate necessary efficiencies at low participation supper sites? Answer: There is not a standard service model requirement for Supper program locations, how- ever, as with any meal service provided in our district, every student should be granted the same menu and service as other students. The district does not approve menu modifications based on low participation alone. 4. Question: Page 33 FSMC Expenses a. On page 33, the heading is “the following FSMC expenses may include but are not limited to” – how is a determination made by DCPS on if additional costs not listed on page 33 become an expense for the FSMC? Can you provide these costs from the prior 12 months and their total dollar amounts? What is the process for billing these costs outside of the rate? Answer: If an expense not listed would ever occur, the district would negotiate with FSMC on on how to handle payment and billing of such. The process of billing for costs outside of the rate would be a separate detailed invoice. b. ‘Utility Charges for the Nutrition Service Center’. Please provide the specific Utility categories and the previous 12 months’ actual cost in each category for the purpose of calculating the Fixed Meal Rate. Answer: The utility categories for the NSC are: recycling, garbage, natural gas, water & sewer, electricity. These costs are very likely to increase over time. FY 2021/2022 Recycling = $4,001.89 Garbage = $17,892.53 Natural Gas = $81,479.08 Water & Sewer = $45,311.99 Electricity = $266,762.26 TOTAL = $415,447.75 c. Does DCPS invoice the FSMC for ‘Trash Removal at the Nutrition Service Center’? If so, please provide the annual cost for the purpose of calculating the Fixed Meal Rate. Answer: Trash removal at the NSC (Nutrition Service Center) is part of the Utility Charges. FY 2021/2022 Recycling = $4,001.89 Garbage = $17,892.53 TOTAL = $21,894.42 d. Please provide DCPS expectations for the extent and scope of the FSMC’s responsibility for ‘Equipment Repair and Maintenance. i. Is there a maximum cost for a repair paid for by FSMC? For example a certain percentage of the asset’s current value? Answer: No, there is not a maximum cost for repair paid for by the FSMC. 3 RFP No. 21-23/TW Addendum No. 2 ii. Is it an expectation that FSMC could pay for multiple repairs to the same piece of equipment on an ongoing basis instead of it not being replaced? Answer: The FSMC could pay for multiple repairs to the same piece of equipment. The district monitors the value and life expectancy of the equipment and if it is found to be past its expected life, replacement by the district will be evaluated. Preventative maintenance on equipment often prevents multiple repairs. iii. When does DCPS make the decision to replace equipment vs repair? Answer: The district monitors the value and life expectancy of the equipment and if it is found to be past its expected life, replacement by the district will be evaluated. iv. Please provide the actual spend for repair and maintenance from the past 2 years, to assist in projecting the amount of this annual cost to be included in the Fixed Meal Rate. Answer: This information is included in the FSMC’s Food Service Review Report. Please refer to page 14 on Exhibit L (linked on the Purchasing website). e. Please provide the methodology DCPS uses for determining the need to replace versus repair equipment in general. Answer: The district monitors the value and life expectancy of the equipment and if it is found to be past its expected life, replacement by the district will be evaluated. f. DCPS does not recognize cooler/freezer condensers as tagged equipment and requires the FSMC to pay for replacements. i. Will this be the expectation with the new contract award? Answer: The district will continue to require the FSMC to pay for replacements on non-tagged cooler/freezer condensers. ii. If so, please provide the average annual cost for condenser replacements for the purpose of including the Fixed Meal Rate. Answer: The current FSMC pays for the replacements and is not required to provide the costs to the district, so this cost is not available. g. Printing – Currently DCPS requires the FSMC to repair OEM printers/scanners, purchase specified OEM toner, and pay all associated costs for elementary and middle school student IDs. i. Is it the intent of this RFP to require these expenses as a continued FSMC responsibility? Answer: The district purchases the printers for the use in the kitchen operations, therefore, the district is responsible for the repair. The FSMC is responsible for the ink/toner and the paper that is used in those printers. The FSMC is not required to pay for associated costs for student IDs, however, if needed for meal service operations, the FSMC may need to print out barcodes for the elementary schools to be used during meal services. ii. If so, please provide DCPS product specifications and associated costs for repairs, toner, paper, and student ID supplies annually. Answer: The current FSMC pays for the toner and paper and is not required to provide the costs to the district, so this cost is not available. 4 RFP No. 21-23/TW Addendum No. 2 h. Please define costs involved in “Office related office expenses” – with a breakout of costs annually for the purpose of calculating the Fixed Meal Rate. Answer: The SFA will make available to the FSMC a central office site and office space at the NSC in support of NSC in support of NSC operations. These offices will include all standard office furniture (desks, chairs, filing cabinets) and equipment (computers, printers, copiers). “Office related office expenses” would include all expendable office supplies such as office stationery (staples, pens, folders, etc.). The current FSMC pays for the office supplies and is not required to provide the costs to the district, so this cost is not available. 5. Question: Please provide the forecasted student enrollment for each of the following SY24, SY25, SY26, SY27 and SY28. Answer: The forecasted district enrollments for SY24 through 28 are as follows: 103,992 students; 101,780 students; 100,557 students; and 99550 students. However these are only estimates based upon latest enrollment projections and the actual student enrollment will vary. 6. Question: Page 6 The definition of capital equipment on page 6 states, “any item with a per-unit purchase price of $750 or more.” Please clarify if this includes purchasing repair parts for equipment over $750 and provide the last 12 months’ costs for the purpose of calculating the Fixed Meal Rate. Answer: The per-unit purchase price of capital equipment is exclusive of the cost of repair parts. The cost of repair parts would fall in the FSMC maintenance costs and the SFA does not have this information. 7. Question: Page 17 #52 of the RFP addresses liability for food losses from equipment breakdown or lack of maintenance to be determined on a case-by-case basis. Please provide further explanation of the process for determining the case-by-case responsibility for loss of food, or cost to keep product flowing (i.e., ice for chillers/refrigerated trucks) due to a breakdown, lack of district timely repair, power outage, or any incident that is not in FSMC control. Answer: As the FSMC purchases all the food for operations, the SFA is not liable for any food loss. The SFA provides monitoring tools in walk-in equipment to be able to notify the FSMC when there is a temperature fluctuation. The FSMC is also notified of any power outages as soon as the information is reported to allow time to respond (move food, etc.). Specific extreme occurrences will be discussed between the SFA and the FSMC. 8. Question: Page 14 #17 addresses relocating existing equipment and temporary cold storage trucks from school to school. Please provide the annual number of equipment / temporary cold storage transfers and all associated costs for the purpose of calculating the fixed meal rate. Answer: The SFA does not have this information. The FSMC coordinates all relocation of existing equipment and temporary cooler/freezer trailers after approval from the SFA. 9. Question: School year 23/24 wage go into effect on July 1, 2023. a. Please confirm the 23/24 starting wages for all new employees and those with less than 1 year of employment. i. Hourly Supervisor $17.82 ii. Warehouse $13.53 iii. Food Transporter/Delivery Driver $15.71 5 RFP No. 21-23/TW Addendum No. 2 iv. Production Worker 2 Central Kitchen $13.53 v. Food Unit Lead $15.25 vi. Packout Central Kitchen $13.00 vii. Production Worker 1 Central Kitchen $13.00 viii. Food Service Worker $13.00 Answer: The SFA does not set the wages for FSMC employees. The FSMC must comply with Florida Minimum Wage Statutes. b. Please confirm all employees with more than 1 year of service will receive a 6% increase or move to the new starting wage, whichever is the greater, effective July 1, 2023. Answer: The SFA does not set the wages for FSMC employees. The FSMC must comply with Florida Minimum Wage Statutes. c. Will the same wage increase negotiated in the Fall of SY23 between DCPS and its employees still apply in kind as the FSMC employee’s SY23 wage increase? Answer: The wage increases are negotiated by the union annually. 10. Question: Page 29 of 66 #4 States FSMC shall follow all District negotiated labor agreements for District employees. Is this related to wages or employment policies or both? Answer: The firm selected for the Contract shall recognize and comply with all applicable terms and conditions of the DCPS AFSCME contract with regard to employment policies. Wage increases for FSMC employees are negotiated by the FSMC and union. Southwest Food Service 11. Question: Can you please provide detailed claims by school site for SY18-19; 20-21; 21-22 and by school site for school year 22-23 YTD Answer: Please see End of the Year Claims files Located at www.duvalschools.org/purchasing 12. Question: Page 17 mentions District labor agreements for food service personnel: A. Please provide a copy of the DCPS – AFSCME FL Council 97 agreement, Answer: Please refer to Agreement between AFSCME Florida Council 79 and Duval County School Board 2021-2024 (Amended January 9, 2023) located at www.duvalschools.org/purchasing B. Please provide a copy or at a minimum the contract economic terms Answer: Please refer to Agreement between AFSCME Florida Council 79 and Duval County School Board 2021-2024 (Amended January 9, 2023) located at www.duvalschools.org/purchasing C. When does it expire? Answer: June 30, 2024 13. Question: Page 17 mentions Chartwells’ labor agreement – AFSCME FL Council 97 Agreement for food service personnel. A. Please provide a copy or at a minimum the contract economic terms Answer: The SFA does not have access to a copy or the contract economic terms of the FSMC’s labor agreement. 14. Question: What is the student account deficit balance dollar amount collected in SY 21-22, SY 22-23 YTD http://www.duvalschools.org/purchasing http://www.duvalschools.org/purchasing http://www.duvalschools.org/purchasing 6 RFP No. 21-23/TW Addendum No. 2 Answer: There is no student account deficit balance. 15. Question: Will the District Healthy Beverages agreement be extended to include SY23-24 and the contract extension periods Answer: The SFA does not have this information. 16. Question: Does DCPS prepare meals for any additional entities outside of the school sites noted in the RFP? Answer: Yes. • Satellite Sites (see Addendum No. 1) • Red Cross (City of Jacksonville Emergency) • Boys & Girls Club of NE Florida (summer camp sites) 17. Question: Can you please provide detailed information on the food trucks and golf carts mentioned in the RFP on page 14. Are these currently being used by current vendor? Answer: There are two food trucks and two mini-food carts (golf carts) capable of serving both hot and cold meals to students in non-traditional locations. The Food Trucks and Carts can be utilized on an as-requested basis at all schools during the school year and during summer service. Recently, only the Food Trucks have been requested. RFP No. 21-23/TW ADDENDUM NO. 1 ADDENDUM NO. 1 www.duvalschools.org/purchasing Issue Date: February 02, 2023 Phone: 904-858-4859 Buyer: Terrence Wright Bid Number: RFP No. 21-23/TW Bid Title: Nonprofit School Food Service – Food Service Management Company Opening: Tuesday, March 28, 2023, 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. The addendum shall serve to amend, replace and append information provided to potential respondents in the original RFQ package. To assist in the development of their responses, interested firms are encouraged to carefully review the information found in this addendum and on any additional enclosed documents. Purpose: 1. To amend / correct / clarify several sections within the RFP 1. Definitions: Please add: Remote satellite site –a meal service location that the district reserves the right to add/terminate service to as needed. Food will be prepared and packaged at a base kitchen and delivered to the satellite sites twice daily via a temperature-controlled hot shot truck. 2. Page 10 of 66 – 2.0 The Services – Add #5: Remote satellite sites. 3. Page 14 of 66 - #15: The last paragraph is to include the red type as written below: The Contractor must adhere to this 4-week cycle menu and portion sizes specified in the proposed menus for the four (4) weeks of meal service of the regular school year. Thereafter, changes in the menu(s) must be made with prior approval of the SFA. The meals must meet the requirements of the Healthy, Hunger-Free Kids Act of 2010 as designated herein by the SFA for each term of the contract as applicable. 4. Page 22 of 66 – Purchases / Buy American: Please add the following as #5 The FSMC is required to provide the SFA, in writing, a request for food exception from the Buy American requirement to use a non-domesticated food that is not produced or manufactured in sufficient and reasonable quantities of a satisfactory quality. If the exception is being requested due to cost, the FSMC is required to provide the SFA with written documentation of the cost of domesticated products when the cost is significantly higher the non-domesticated food. 5. Exhibit W: Site Visit Schedule: Site Visits will take place on February 13, 2023 and IF Requested by RFP Responders additional site visits will take place on Tuesday February 14, 2023. http://www.duvalschools.org/purchasing http://www.duvalschools.org/purchasing RFP No. 21-23/TW , Nonprofit School Food Service – Food Service Management Company REQUEST FOR PROPOSALS (RFP) RFP NO. 21-23/TW Nonprofit School Food Service – Food Service Management Company RFP Release Date: January 31, 2023 Site Visits: February 13, 2023 Deadline for Written Questions February 27, 2023 4:00 p.m. (EDT) Proposals Opened: March 28, 2023 2:00 p.m. (EDT) Committee Evaluation: April 4, 2023 Board Award: May 2, 2023 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. http://www.duvalschools.org/dcps http://www.ascr.usda.gov/complaint_%EF%AC%81ling_cust.html mailto:program.intake@usda.gov Page 1 of 66 RFP No. 21-23/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 1701 Prudential 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. 21-23/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 March 28, 2023 and plainly marked RFP No. 21- 23/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. http://www.duvalschools.org/dcps http://www.duvalschools.or/#g Page 2 of 66 RFP No. 21-23/TW , Nonprofit School Food Service – Food Service Management Company NONPROFIT SCHOOL FOOD SERVICE - FOOD SERVICE MANAGEMENT COMPANY RFP No. 21-23/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 66 RFP No. 21-23/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 66) 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 2022-2023 B. District Food Service Employee Information C. Retail Dining – Food Service Contract & Third 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 2022 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 2021-2022 M. Exclusive Healthier Beverage Agreement N. (There is no Exhibit N) O. 2021-2022NSLP Meal Equivalents Report P. 2021-2022 SFSP Meal Equivalents Report Q. Sample Invoice R. Pre-Award Waiver for Good Faith Efforts S. Evaluation Worksheet T. Boys & Girls Club of Northeast Florida, Inc. Agreement U. (There is no Exhibit U) V. Attrition Procedure W. Site Visit Schedule X. School Food Authority Director’s Guide to Professional Standards Page 4 of 66 RFP No. 21-23/TW , Nonprofit School Food Service – Food Service Management Company DUVAL COUNTY PUBLIC SCHOOLS RFP: NONPROFIT SCHOOL FOOD SERVICE - FOOD SERVICE MANAGEMENT COMPANY RFP No. 21-23/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 2022-2023 equals $1.765 Billion and includes a Food Service budget of $99.8 Million. The District operates 197 schools. Of the school sites, 152 public schools participate in the school meal program, including 1 pre-k center, 97 elementary schools, 2 K-8 schools, 23 middle schools, 2 6-12 schools, 19 high schools,4 alternative schools, and 4 exceptional student schools. (One additional school site may operate as a satellite site beginning in 2023/2024 school year.) Please refer to Exhibit A. Total full-time enrollment of all DCPS school students is approximately 129,084 as of the last student count in July 2022. There are approximately 103,578 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 outsourced 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, 2023 through June 30, 2024. Primary District objectives are as follows: http://www.duvalschools.org/ Page 5 of 66 RFP No. 21-23/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 District’s Nutrition Center for the Districts’ food service operations. The operation of the District’s 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 66 RFP No. 21-23/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 Superintendent’s 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 2022-2023, 100% of school sites under this sponsorship were approved for this program. The district reserves the right at the sole discretion to reduce the number of CEP schools. 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 FSMC’s 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 will be Page 7 of 66 RFP No. 21-23/TW , Nonprofit School Food Service – Food Service Management Company 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. Curbside Service, while currently not utilized, is a meal service style that the district reserves the right to implement in the event that it is needed for emergency feeding. 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 Page 8 of 66 RFP No. 21-23/TW , Nonprofit School Food Service – Food Service Management Company reduced-price meal enrollment. It is intended to increase fruit and vegetable consumption among students in the nation’s poorest elementary schools by providing free fresh fruits and vegetables to students outside of regular school meals. 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. Hybrid Meal Service is a meal service style combining curbside and traditional service. While not currently being utilized, the district reserves the right to initiate this meal service style in the case of emergency feeding being needed. 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 Ventilation 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 between 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). Page 9 of 66 RFP No. 21-23/TW , Nonprofit School Food Service – Food Service Management Company 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. On-site is the physical location of food preparation facilities of the District and the Administration Building of the District. Pre-Proposal Conference is a forum for all potential respondents to pose questions and request information regarding the RFP and the solicitation process. The intent is to provide information to all participants at the same time, allowing them equal access and an opportunity to successfully respond. Product Identification (ID) is a product description and not a product specification. Product identifications are limited to requirements that can be verified on delivery or to information essential for communication between the FSMC and the SFA. Product identifications must be supplied with proposals for all items without CN labels to ensure quantity and quality. Proposal is a complete and properly signed response to the School District RFP. The successful respondent’s proposal, the RFP, all attachments, exhibits and addenda (if any), as well as other relevant documents will become incorporated into a binding agreement when approved, awarded and executed. Proposal Opening is the process of publicly opening the proposals for the first time, at the date, time and location specified in the Request For Proposals. Protest is a dispute by an aggrieved party who has standing in the solicitation process regarding the specifications within the Request For Proposals or the recommendation for award. Refer to Section 25.0 of this RFP. Public Record: is the availability of all proposal information to the general public upon request. Response documents relating to this procurement process are governed by the Public Records Laws, Chapter 119, Florida Statutes. Refer to Section 20.0 of this RFP for public record exemptions. Request for Proposals (RFP) is this document, which communicates to potential respondents the requirements of the School District and provides information and instructions regarding assemblage of the response. School Breakfast Program (SBP) is the program authorized by Section 4 of the Child Nutrition Act of 1966. School Food Authority (SFA) is the District. Signature Authority is the District’s authority to execute the Child Nutrition Program Food Services Agreement; Free and Reduced-Price Policy Statement and any and all claims made for reimbursement. Special Milk Program (SMP) is a federally funded program that offers cash assistance to schools and non- profit child care institutions that do not participate in other federal child nutrition programs or participate in the National School Lunch Program (NSLP) or the School Breakfast Program (SBP) that have half-day pre- kindergarten and kindergarten programs where those children do not have access to school meal programs. Specifications are written descriptions of what the purchaser requires and, consequently what a respondent Page 10 of 66 RFP No. 21-23/TW , Nonprofit School Food Service – Food Service Management Company must offer to be considered eligible for contract award. Special Food Service Functions are events whereby food services are requested by the SFA and are provided at a firm price mutually agreeable to the FSMC and SFA. The FSMC and the SFA shall agree as to what portion of this cost is to be reimbursed to the FSMC and what portion will be paid directly by the SFA. All costs related to Special Food Service Functions shall be clearly identifiable on a separate monthly billing and shall not be considered when determining the number of meal equivalents for which the FSMC will be paid a fixed price per meal. No USDA Foods may be used for such functions. In addition, no food, labor, or supplies appropriated for the daily food service programs may be used for such functions. Summer Food Service Program (SFSP) is a federally funded program that reimburses agencies for providing nutritious meals to children 18 years of age and younger at selected school sites when school is not in session. Staff Meals are food items consumed by SFA food service staff who are directly responsible for any portion of the food service program. State Agency (SA) is the Florida Department of Agriculture and Consumer Services (FDACS). The National School Lunch, School Breakfast, Summer Feeding Program and the After School Snack Program are administered for the state through the SA. USDA is the United States Department of Agriculture. USDA Rebates are items produced from "Processing Contracts" using USDA Commodities, referred to hereinafter as USDA Foods. These items may cost less than purchased items and the savings shall be credited to the SFA. The FSMC must inform the SFA in advance to “further process” USDA Foods and inform the SFA of the cost estimates and benefits of this request. USDC is the United States Department of Commerce. Voluntary Pre-Kindergarten Education Program (VPK) provides free reading, writing and social skills education to children who turn 4 years of age by September. 2.0 THE SERVICES: The food service management program is presently contracted to Compass Group USA, Inc., dba Chartwells School Dining Services. The program encompasses all aspects of food service operations for all schools within the District, as well as the Nutrition Service Center. The SFA may elect, but will not be limited to, provide services through additional contracts such as: 1) The provision of full-service cafeterias located in the Administration Building, 1701 Prudential Drive; 2) Child Care Feeding Program (CCFP) 3) Boys and Girls Club of Northeast Florida (see Exhibit T) 4) City of Jacksonville The WebSMARTT point of sale system, by Heartland School Solutions, is utilized at all sites, as well as the MySchoolBucks.com on-line payment system. The program provides analysis of school breakfasts and/or lunches designed to meet the daily nutritional and caloric requirements of children from pre-Kindergarten to http://www.myschoolbucks.com/ Page 11 of 66 RFP No. 21-23/TW , Nonprofit School Food Service – Food Service Management Company high school age. The SFA participates in the National School Breakfast and Lunch Program and the Summer Food Service Program. Therefore, USDA Foods are available for use in the program and are to be included in menus to the greatest extent possible. All USDA Foods are and shall be retained and used in strict compliance with federal regulations. Free and reduced-price meals are provided to students who qualify, in accordance with criteria established by the District and USDA regulations. The District utilizes NutriSlice to market the food service menus and programs. The FMSC shall be responsible for this program and bear all costs. There is presently one collective bargaining agreement that sets out the wages, terms, and conditions of employment for non-exempt employees in food service. Additional information regarding the agreements may be obtained by visiting the DCPS web site at www.duvalschools.org. For a listing of District food service employee information, see Exhibit B. The agreements are: 1) Agreement between the District and American Federation of State, County and Municipal Employees (AFSCME) Florida Council 79. This includes Food Service Workers (District). As of the beginning of the 2022/2023 school year approximately 7 employees were covered. The firm selected for the Contract shall recognize and comply with all applicable terms and conditions of the DCPS AFSCME contract. There is no plan for conversion of District employees at this time. The SFA’s work force will continue to be reduced through attrition. The attrition and employee credit procedure is as described in Exhibit V. a. Agreement between Chartwells School Dining Services and AFSCME Florida Council 79. This includes Food Service Workers (Chartwells). Approximately 1,000 employees are covered. The SFA has no involvement with this agreement. Potential respondents are encouraged to familiarize themselves with the terms and conditions of this agreement and how it may affect their responses. SECTION III 1. The food service provided shall be operated and maintained as a benefit to the SFA’s students, faculty, and staff. 2. The food service shall be managed to promote maximum participation in the Child Nutrition (CN) Programs. 3. The FSMC shall have the exclusive right to manage the CN Programs that may include NSLP, SMP, SBP, FFVP, ASSP, AMP and SFSP at the sites specified on Exhibit A. 4. The FSMC shall provide food service to each site as specified on Exhibit A. 5. Provide Administrative Dining to the facilities listed in Section 2.0. See Exhibit C, Retail Dining Contract. 6. The SFA reserves the right to add or remove sites, meal periods, and serving locations, both on and off of SFA-owned property for existing programs at any time during each contract term unless the addition or removal of sites and/or meal periods creates a material or substantive contract change. http://www.duvalschools.org/ Page 12 of 66 RFP No. 21-23/TW , Nonprofit School Food Service – Food Service Management Company 7. The SFA reserves the right to maintain, add and/or remove food and beverage vending machines in its facilities. 8. The FSMC shall at all times remain an independent Contractor and not an employee or agent of the SFA. Similarly, employees of the FSMC shall be considered solely employees of the FSMC and not employees or agents of the SFA. 9. The FSMC shall conduct the food service operation to ensure compliance with the rules and regulations of FDACS and USDA regarding CN Programs. 10. All FSMC administrative supervisory personnel shall be ServSafe Certified prior to employment with the FSMC. 11. The FSMC shall ensure that all production records are completed daily by trained personnel and shall supply substitute personnel to perform this function when required. 12. The SFA is legally and financially responsible for the conduct of the food service operation and will supervise the food service operation to ensure compliance with all applicable rules and regulations of FDACS and USDA regarding CN Programs. FOOD SERVICE MANAGEMENT COMPANY RESPONSIBILITIES 1. The FSMC will conduct the school food service operation in conformance with the Program Sponsor Agreement between SFA and FDACS and in accordance with generally accepted standards of care and best practices in the industry. 2. The FSMC shall serve, on days and at times as requested by the SFA: a) Breakfasts, priced as a unit, which meet USDA requirements b) Lunches, priced as a unit, which meet USDA requirements c) After-school snacks, priced as a unit, pursuant to the After-School Care Program d) After-School Meal Program (Supper Program) which meets Child Care Feeding Program requirements e) Summer meals, priced as a unit, which meet USDA requirements f) Milk, served to all children pursuant to the Special Milk Program g) Fresh fruit and vegetables, served to all children pursuant to the USDA Fresh Fruit and Vegetable Program h) Meals provided under additional programs such as CCFP, Head Start and VPK i) Other foods as agreed upon by the FSMC and SFA, pursuant to applicable regulatory requirements 3. The FSMC shall serve free, reduced-price, and paid meals to those children designated by the SFA. 4. The FSMC shall maintain minimum employee staffing in accordance with Exhibit D. 5. The FSMC shall implement alternate methods of serving, such as carts in non-cafeteria locations, to increase the availability of reimbursable meals to students based on SFA requirements. Page 13 of 66 RFP No. 21-23/TW , Nonprofit School Food Service – Food Service Management Company 6. The SFA will turnover two, used, food trucks capable of serving both hot and cold meals to students in non-traditional locations and two mini-food carts (golf carts) serving both hot and cold meals to students in non-traditional locations. These vehicles will be used to support programs such as summer feeding and to promote student awareness of the food service program. The FSMC shall provide an implementation plan that effectively and efficiently utilizes these two trucks and two mini- food carts. The FSMC will provide an implementation plan for the use of six (6) hot shot trucks. FSMC personnel will operate the vehicles. Maintenance, repair, operating expense, insurance and cleaning for all these vehicles will be the responsibility of the FSMC. The ownership of the vehicles will remain with the District. (It shall be noted that private companies may not purchase vehicles from the Florida Sheriff’s Association contract). The SFA reserves the right to change the number and type of trucks provided to the new FSMC in the event that vehicles are damaged or otherwise not available for turnover to the new, incoming FSMC with no additional compensation provided to the FSMC contractor. If the FSMC is required to replace any of the aforementioned vehicles, then such purchase may be counted against the FSMC’s capital contribution commitments for this new FSMC contract. The FSMC will ensure that food service trucks are available for operational use for at least 95% of all school days or the FSMC will provide replacement vehicles of equal or greater capability in the event that a vehicle becomes unavailable for more than 5% of the available school days. 7. The FSMC shall implement the collection procedures for student account deficit balances as specified by the SFA. 8. The collection of daily cash sales shall be in accord with the cash collection procedures of the SFA as described in the approved End of Day Deposit Procedures and other related documents. 9. The FSMC shall deposit, on a daily basis, all monies into the SFA’s nonprofit food service bank account. Cash shortages and/or missing funds should be promptly communicated to the SFA and repayment of such shortages and/or missing funds shall be the responsibility of the FSMC. Cash shortages and/or missing funds are defined as: the amount deposited into the SFA’s bank account is less than the expected deposit amount calculated by the point-of-sale system. The FSMC shall pay the SFA for all cash shortages and/or missing funds as calculated by the SFA’s Business Services Department. 10. The daily collecting and counting of all meals served by category in accordance with the Meal Counting and Claiming Procedures approved by FDACS. 11. Make all changes approved for the counting mechanism, required by a change in student eligibility status a minimum of one day from the receipt of notice of change from the SFA-designated determining official. An increase in eligibility status shall be made within three operating days. A decrease in eligibility shall be made after a ten operating day notification period. NOTE: The SFA will monitor the benefits issuance document on a regular basis to ensure the document used at the school level is accurate and provides a correct daily count of reimbursable meals served to eligible students. 12. The maintenance of the daily meal count report and documents to support the claim for the SFA's reimbursement. 13. Prepare the monthly consolidation of the school meal counts and certify it to the District not later than ten working days after the last service day of each month. 14. The FSMC shall implement the Offer versus Serve provision at the food service sites specified by the SFA on Exhibit A. Page 14 of 66 RFP No. 21-23/TW , Nonprofit School Food Service – Food Service Management Company 15. The FSMC must provide a 28-day cycle menu as the basis for the proposed cost estimate. The menu is to include portion sizes for each age/grade grouping served. The meals must meet the requirements of the Healthy, Hunger-Free Kids Act of 2010 for each term of the contract as applicable. (See Exhibit H for menu description.) The menu plan must include use of local fresh fruit and vegetables and, when applicable, participate in the Farm to Schools Programs. The menu will be evaluated on the following: • Menu Concept • Meal Pattern Requirements • Nutrition Standards • Healthy Choices • Food Variety/Selection The FMSC shall provide in detail the overall plan the company proposes to implement and describe in detail how the students, parents, and community stakeholders will be informed of the menu and nutrition information. The Contractor must adhere to this 4-week cycle menu and portion sizes specified in the proposed menus for the first four (4) weeks of meal service. Thereafter, changes in the menu(s) must be made with prior approval of the SFA. The meals must meet the requirements of the Healthy, Hunger-Free Kids Act of 2010 as designated herein by the SFA for each term of the contract as applicable. 16. The FSMC will provide $250,000 annual allowance for district-approved capital emergency equipment replacement. Equipment brands, models, and purchase price shall be approved by FSA prior to purchase. 17. The FSMC company will be responsible for the relocation of existing equipment and temporary walk- in cooler/freezer trailers from school to school with FSA approved ETF. 18. All meals shall meet the nutritional requirements for National School Lunch, Summer Food Service Program and School Breakfast Programs for the age/grade groups of schoolchildren. All calculations and compliance support information shall be available to the SFA immediately upon request. 19. Supper meals shall meet the nutritional requirements for the After School Meal Program. All calculations and compliance support information shall be available to the SFA immediately upon request. During the 2021-2022 school year, 78 sites served supper meals. (See Exhibit O for meal totals.) 20. Serving sizes, menu items, and the number of components shall not be changed unless agreed upon by the SFA. Menus shall be submitted for review at least 45 days prior to the serving date for SFA approval. The FSMC shall utilize the SFA-provided computer system for menu analyses. 21. The FSMC shall establish a menu/recipe review committee to meet a minimum of once per month to review recipes and menus; the SFA shall be part of this committee. 22. The FSMC shall be responsible for providing meals and menus appropriate for the age of the students served and acceptable to students evidenced through production records, showing a minimum of plate waste and increased participation levels in the National School Lunch, School Breakfast and/or Summer Food Service Programs, as applicable. Page 15 of 66 RFP No. 21-23/TW , Nonprofit School Food Service – Food Service Management Company 23. Products made at the NSC shall be served to NSC staff and other food service personnel for breakfast and/or lunch at this facility as applicable using the kitchen at this facility. All products made at the NSC shall be routinely tested for bacteria, as applicable. 24. Routine testing for bacterial contamination at the NSC shall be completed by the FSMC on a bi- monthly basis. At a minimum the testing shall include the following areas: bakery tables, ingredient control tables, cook/chill tank drains, cold preparation four-compartment sinks, packaging machines, Trepko rotary cup filler, oliver line, and cryovac. Testing shall include the following bacteria: Listeria Monocytogenes; E-coli, and Salmonella. 25. Taste testing of all proposed menu items shall occur with participation of the SFA; student participation in taste testings shall occur as is practicable. 26. An annual USDA Foods taste testing shall occur at the discretion of the SFA to review new USDA Foods product options. The SFA shall actively participate in this event. 27. All menu substitutions shall be presented to the SFA in writing for approval prior to being served. 28. The FSMC shall participate in the parent, teacher, and student advisory boards. 29. The FSMC shall cooperate with the SFA in promoting nutrition education and coordinating the SFA's food service with classroom instruction. 30. The FSMC shall use SFA facilities for preparation of food to be served as specified on Exhibit A. 31. The FSMC will utilize a Warehouse Management System) for perpetual inventory and delivery purposes. The FSMC is responsible for the yearly payment of the software maintenance/support agreement.. 32. The FSMC will provide a detailed plan on use of each NSC production room/equipment, to include Cold Assembly, Bakery, and Cook/Chill. 33. The FSMC is required to substitute food components of the meal pattern for students who are considered to have disabilities in accordance with 7 CFR Part 15(b) when the disability restricts their diet. Substitutions shall be made on a case-by-case basis and shall be supported by a statement of the need for substitutes that includes recommended alternate foods, unless otherwise exempted by the Food and Nutrition Service, USDA. Such statement shall be signed by a licensed physician. The FSMC may make substitutions for students without disabilities who cannot consume the regular lunch or afterschool snack because of medical or other special dietary needs. These substitutions must be made on a case-by-case basis and only when supported by a written statement of the need for substitutions that includes recommended alternate foods, unless otherwise exempted by FNS. Except with respect to substitutions for fluid milk, such a statement must be signed by a recognized medical authority. 34. The FSMC shall recognize and participate in the Florida School Recognition Program, which provides for pass-through School Recognition funding from the District to specific staff or for specific purposes, as determined by school staff and Student Advisory Councils (SAC’s) for schools. 35. The SFA shall be provided with a weekly tracking of USDA Foods sent to schools from the NSC and directly from distributors. Page 16 of 66 RFP No. 21-23/TW , Nonprofit School Food Service – Food Service Management Company 36. The SFA shall be compensated by the FSMC for the value of USDA Foods allocation reduction or for processed USDA Foods that have been recovered by USDA/FDACS due to lack of use. For a list of USDA Foods in inventory as of June 30, 2022. (See Exhibit F) 37. All communications by the FSMC to school sites shall be reviewed by the SFA prior to dissemination. 38. The FSMC shall comply with all local and state sanitation requirements. 39. The FSMC shall comply with District guidelines and respond to SFA requests within a reasonable time period as determined by the District. As a part of these requests the FSMC shall provide the SFA with a monthly report of the following: a. Employee names and work site locations provided directly to Human Resources. b. Summary of any comments, complaints, food safety issues, and the plan for resolution with current status of each issue provided to the FOOD SERVICE DIRECTOR. c. Summary of goal accomplishment for the previous month and plans for the next month provided to the FOOD SERVICE DIRECTOR. This information will be provided no later than the tenth working day of the month following the report period. 40. The FSMC shall comply with all specific requirements of this Request for Proposals within the time requirements as stated by the SFA or reimburse the SFA for the total cost to District for completion of the tasks or be charged in accordance with the Performance Guarantee, Exhibit G. The SFA reserves the right to provide any portion of the responsibility that the FSMC does not provide. 41. The FSMC shall provide trained personnel with proper technical expertise to support the Information Technology function of the food service operation in cooperation with the District’s Information Technology Department. Such personnel shall have certification(s) consistent with the industry standard. All proposed personnel shall be prior approved in writing by the SFA. 42. Minimum staffing levels at each facility should be maintained as designated by the SFA. A minimum of a 10% replacement labor pool shall be maintained to cover absences, as required. (See Exhibit D) 43. Meal service for the SFA’s SFSP begins on or about June 5, 2023. The selected FSMC may be required to mobilize, at the discretion of the SFA, for provision of meal services for the SFSP in the event services are not provided by the previously contracted FSMC. The start date and service sites will be identified as soon as practicable if this provision is to be initiated. The unit meal price shall be the same as fixed meal price currently in effect under the contract with the previously awarded FSMC until the new FSMC contract commencement of services date as noted in Section 3.0, paragraph 3.1, at which time the new FSMC contract pricing shall take effect. If any proposed SFSP meal equivalent cost exceeds the reimbursement rate proposed by the USDA, then the lower USDA re-imbursement rate shall govern for setting the SFSP meal equivalent costs. In the first (base) year, the base year fixed price will be the maximum meal price that will not be exceeded for the Summer 2023 program. In the following years, the SFSP meal equivalent rate shall not exceed that specific option year’s meal equivalent contract rates. The District requires that hot food items be served for all lunches and a minimum of 50% of breakfasts for this program. In addition, if the awarded FSMC is different from the current FSMC, then the awarded FSMC will develop a transition plan and coordinate operations with the current FSMC. Page 17 of 66 RFP No. 21-23/TW , Nonprofit School Food Service – Food Service Management Company 44. The FSMC shall provide administration, supervision, production, and service personnel to support the SFA during periods of severe weather and natural disasters. The FSMC shall participate in the planning and executing of meal and snack service at designated school kitchens for disaster victims in cooperation with the SFA for emergency feeding programs. The FSMC shall be prepared to enter into a separate food service agreement with the emergency shelter operator(s) (i.e., Red Cross, COJ, or other organization) to ensure continuity of operations, tracking of food inventories, and protection of DCPS facilities and assets. Reimbursement for meals provided by the FSMC will be applied for from the Federal Emergency Management Agency (FEMA). If the FSMC is compensated directly by the emergency shelter operator or other third party, then no further compensation shall be provided to the FSMC. 45. The FSMC shall provide all paper products and other consumable supplies used in the food service operation. All paper products used shall be adequate to contain serving sizes listed for menu items. Trays shall be 100% biodegradable and compostable. Closed-lid containers or film wrap shall be made available for meals transported for consumption out of the cafeterias. NOTE: The SFA reserves the right to acquire food service equipment that may require the FSMC to purchase specific sized packaging materials. 46. The FSMC shall provide to the SFA a monthly report showing rebates received for the previous month generated from processed USDA Foods in accordance with 7 CFR Part 250. All USDA Foods rebates shall accrue to the SFA. 47. The FSMC will operate and care for equipment and food service areas in a clean, safe and healthy condition in accordance with the standards prescribed in the SFA’s written food safety program and comply with all applicable federal, state, and local laws, ordinances, regulations, and rules concerning sanitation. 48. It will be the joint responsibility of the SFA and the FSMC to protect the anonymity of all children receiving free or reduced-price meals, and methods for ensuring anonymity shall be jointly agreed upon; provided that nothing in this paragraph shall be construed to relieve the FSMC of its independent obligation to protect the anonymity of all children receiving free or reduced-price meals and to provide the required quality and extent of goods and services hereunder. 49. The FSMC shall provide uniforms for all DCPS Food Service employees in compliance with the Collective Bargaining Agreements between DCPS and AFSCME. 50. The FSMC shall provide laundry and linen service for the Nutrition Service Center’s required food safety attire. 51. The FSMC will be responsible for the washing of dishes, trays, flatware, pots, pans, utensils, the cleaning and sanitation of food equipment, counters, serving lines, routine cleaning, grease filters and traps, light fixtures, window coverings, sanitation and housekeeping in the kitchen and storage areas used by the FSMC, including the cleaning of floors, walls and diffusers in these areas. 52. The FSMC will be responsible for maintaining daily temperature logs and records as required by program regulations for all refrigerated equipment in each school, including holidays. The FSMC shall inform the SFA in writing of normal maintenance schedules and problems encountered with refrigeration equipment. Liability for foods lost due to equipment breakdown or lack of maintenance shall be determined on a case-by-case basis. 53. Maintain a Menu and Reporting System as highlighted below: Page 18 of 66 RFP No. 21-23/TW , Nonprofit School Food Service – Food Service Management Company a. The Menu System for Reimbursable School Breakfast shall follow the requirements of the HHFKA as approved by the USDA. b. Menus planned and served shall be planned to meet student preferences as determined by student surveys and/or the advisory board. c. The Menu Format System for Reimbursable School Lunch shall follow the requirements of the HHFKA planning as approved by the USDA. The menu shall meet USDA requirements. d. The Meal System for Reimbursable After-School Snack Program shall follow the requirements of the HHFKA, as approved by the USDA. e. The quantities of food served shall be in accordance with the Federal meal pattern requirements and the recommendations for the specific age groups as found in 7 CFR Part 210 and 7 CFR Part 220. f. Detailed product identifications and the current USDA Food Buying Guide shall be the basis for determining the quality and adequacy of yield for all food items. g. All breaded meat/meat alternate products served shall meet meal requirements as served and have a CN Label in order to protect the District against audit criticism or overclaims. h. Written product identifications shall be provided for all food purchased without CN Label to ensure quantity and quality. i. If reimbursement for a meal is denied, or a claim for loss of USDA foods is denied the SFA as a result of an audit, review or for any other reason, the amount of the denied reimbursement (food loss, overclaim or questioned cost) shall be subtracted from the funds due the FSMC. In the event the reimbursement is denied after the termination of the contract, the FSMC shall refund the amount of the denied reimbursement to the District. j. Each planned menu for all programs operated shall be planned to follow the requirements of the HHFKA. Hot breakfasts consisting of protein and/or grain components approved by the SFA and consistent with the HHFKA shall be served during the annual Standardized testing. k. The SFA will determine a la carte items to be sold and the pricing of such items sold during the school day, if any, prior to commencement of the contract. A list of food items will be provided by the SFA. l. Adult Meal Charges are subject to change each year. m. If the SFA requires food service for Special Food Service Functions such as banquets, etc., a firm price per meal shall be negotiated and confirmed in writing with the District official requesting the service. No food, labor, supplies and/or USDA Foods appropriated for the daily food service program will be used for these functions. School Food Service employees may only be used if time is prorated to the appropriate cost category. n. The FSMC shall plan and provide written documentation to the SFA for review to confirm that all menus are reimbursable; including all planned promotional specialty menus. Nutrition analyses shall be provided by the FSMC to document that all program meals were Page 19 of 66 RFP No. 21-23/TW , Nonprofit School Food Service – Food Service Management Company planned and served to meet the Healthy Hunger Free Kids Act of 2010 and the Dietary Guidelines for Americans. The FSMC shall document that individual school advisory council recommendations are used in menu planning. USDA FOODS 1. All USDA Foods received for use by the SFA and made available to the FSMC are acceptable and shall be utilized in the SFA’s food service operation for the preparation and service of meals within the term of the contract in as large a quantity as is practicable. Use of and credit for the value for USDA Foods shall be in accordance with 7 CFR Part 250. 2. The FSMC shall use all existing inventory on site within twelve (12) months of initiation of the contra