Prototype Fixed Fee Contract

Instruction for adding Summer Food Service Program (SFSP) and/or Child and Adult Care Food Program (CACFP) to the base Food Service Management Company (FSMC) contract

Material Change:When adding the CACFP and/or SFSP program(s) to an existing FSMC contract, SFA will need to evaluate the possibility it might create a material change to this contract. If value of the added program(s) is greater than 10% of original value of the awarded FSMC contract, the SFA should contact your DPI representative for additional guidance.

This amendment to add SFSP and/or CACFP to the base FSMC Request for Proposal (RFP)/contract contains all the required contractual language for participation in these programs. The School Food Authority (SFA) should consult with its legal/contracting department before entering into any agreement or amending a current agreement.

• Public Opening Requirements: A public opening of proposals received by potential FSMCs is not required. However, if the SFA desires to have a public opening of proposals received (and its RFP has SFSPlisted as part of theservicesin the FSMC agreement), then a representative from the DPI Child Nutrition Team (CNT) must be present. Contact Amy Kolano, (email: ) to schedule a representative from DPI CNT to attend the public opening of proposals.

• Complete all sections of the amendment and add costs from …. Section of the amendment to the FSMC RFP/Contract. The total value of the proposal will include this amount for calculating the total cost of the proposal.

Delete this section prior to adding the amendment to the FSMC base contract.

AMENDMENT TO THE FOOD SERVICE MANAGEMENT COMPANYBASE CONTRACT FOR THE ADDITION OF Summer Food Service Program (SFSP)AND/OR Child and Adult Care Food Program (CACFP)

CHILD NUTRITION PROGRAM(S)

January 2018

This “Amendment” is entered into and between NAME OF SCHOOL, the School Food Authority (“SFA”)and NAME OF FSMCthe Food Service Management Company (“FSMC”)and collectively referred to herein as the “Parties”.

This Amendment,is effective EFFECTIVE DATE OF AMENDMENT,amends and modifies the FSMC Contract (herein referred to as the “Base Contract”). All other terms and conditions contained in the FSMC Contract shall remain unchanged and in full force and effect. In consideration of the mutual promises set forth herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows:

TheParties to this Amendment have agreed to amend the Base Contract originally dated DATE OF BASE FSMC AGREEMENTto add Child Nutrition Program(s) (CNP(s)) as described in this Amendment for the remainder of the term of the Base Contractincluding any renewals.Parties will select the type of FSMC Base Contract in appropriate box below.

□Fixed Price FSMC Contract.

□Cost Reimbursable FSMC Contract.

Parties to this Amendment agree to add the following CNP(s) to the Base Contract.

□Summer Food Service Program (SFSP).

□Child and Adult Care Food Program (CACFP).

Parties shall comply with the applicable rules, regulations, policies, and instructions of the State of Wisconsin, the Department of Public Instruction (DPI), and United States Department of Agriculture (USDA)Food and NutritionService (FNS) and any additions or amendments thereto, including USDA 7 CFR part 225 (SFSP) and/or 7 CFR part 226 (CACFP) regulations.

I.Summer Food Service Program (SFSP)

[[[Additional requirement, if applicable (SFA must strikethrough this entire section if not applicable.)]]]

1. The SFA shall be responsible for determining eligibility of all SFSP sites.

1. Bonding requirements.

1. Bid bond guarantee (when the SFSP portion of the proposal exceeds $150,000):

Offeror shall submit with his or her proposal, a bid bond guarantee in the amount of $______(no less than five (5) percent or more than ten (10) percent of the total proposed price), which shall be from a surety company listed in the current Department of the Treasury Circular 570.

Proposal guarantees, other than bid bonds will be returned (a) to unsuccessful offerors as soon as practicable after the opening of proposals and (b) to the successful offeror upon execution of an awarded contract, offeror may need to obtain additional insurance coverage and bonds as may be required by the RFP.

1. Performance bonds (when the SFSP portion of the contract exceeds $150,000):

The selected FSMC must obtain a performance bond in the amount of $______(not less than 10percent or no more than 25 percent of the value of the awarded contract) which shall be from a surety company listed in the current Department of the Treasury Circular 570. AnyFSMCwhich enters into more than onecontractwith any one SFAshall obtain a performancebondcovering allcontractsif the aggregate amount of thecontractsexceeds $150,000. The performance bond must be furnished within ten (10) days after notice of the awarded contracts.

Proposal guarantees, other than proposal bonds will be returned to unsuccessful offerors as soon as practicable after the opening of proposals or a proposal is withdrawn. Performance bonds for the successful offeror shall be held for the duration of the awarded contract.

1. The SFA shall immediately correct any problems found as a result of a health inspection and shall submit written documentation of the corrective action implemented within two weeks of the citation.

1. Parties to this Amendment shall comply with the cycle menu development requirementsdescribed in theBase Contractand attachment A:“Minimum Food Specification”of this Amendment when completing attachment B“SummerFood Service Program Menus”. If the FSMC is developing the menu, the SFA shall approve any changes in the menus no later than two weeks prior to service after the initial cycle has been used.

Allmealsprepared by aFSMCshallbe unitized, with or withoutmilkor juice, in accordance with requirements contained in this amendment and Base Contract.

1. All meals served under the SFSP shall meet the requirements of §225.16.

1. The DPIshallhave a representative present at allfood service management companyprocurement bid openings whenSFAsare expected to receive more than $150,000 inSFSP payments.
2. The SFA shall maintain responsibility for submitting SFSP claims for reimbursement and comply with 7 CFR Part 225.15(a) which requires that sponsors operate the food service in accordance with the provisions of 7 CFR Part 225; any instructions and handbooks issued by FNS under 7 CRF Part 225 and any instructions and handbooks issued by the State agency which are not inconsistent with the provisions of 7 CFR Part 225.

1. The projected number of SFSP full feeding days is: ______.

Payment:Payment for meals provided under this section I: SFSP of theAmendment will be inclusive of the Base Contract and all expenditures and fees quoted therein.

Check the appropriate box below.

□Cost-Reimbursable FSMC Contract: CFR §250.50Contract requirements and procurement,(b)Types of contracts; allows for a cost-reimbursable contract with a FSMC for a SFA participating in SFSP and as such all payments terms stated in the Base Contract shall govern this section II: SFSP of the Amendment.

□Fixed PriceFSMC Contract: Payment for meals provided under this section I: SFSP of theAmendment will be inclusive of the Base Contract and all expenditures and fees quoted therein, and the fixed price per meal shall be:

The SFSP Fixed Price perMeal:

Breakfast: $______- Meals (check one) ⃝ includes milk⃝ does not include milk

Lunch: $______- Meals (check one) ⃝ includes milk⃝ does not include milk

Supper:$______- Meals (check one) ⃝ includes milk⃝ does not include milk

Snack: $______- Meals (check one) ⃝ includes milk⃝ does not include milk

II.Child and Adult Care Food Program (CACFP)

[[[Additional requirement, if applicable (SFA must strikethrough this entire section if not applicable.)]]]

Important separation of duties with CACFP:When providing food service management duties on behalf of SFA for CACFP, selected FSMC will be limited in its management authority; management functions which institutions may not contract out under any circumstance include claim submission, monitoring, corrective action, and preparation of application materials. Institutions may contract out for specific management tasks, such as bookkeeping (but not claims submission), data processing, or the service of a nutritionist.

1. The SFA shall be responsible for determining eligibility of all CACFP sites.

1. The SFA is responsible for ensuring the selected FSMC conforms to its agreement with the DPI as per all requirements as specified at 7 CFR Part 226.21.

1. The SFA is responsible for the administration of the CACFP according to 7 CFR Part 226 (e.g., submitting the reimbursement claim, monitoring sites if applicable).

1. The SFA shall immediately correct any problems found as a result of a health inspection and shall submit written documentation of the corrective action implemented within two weeks of the citation.

1. Parties to this Amendment shall comply with the cycle menu development requirementsdescribed inthe Base Contractand attachment A:“Minimum Food Specification” of this Amendment when completingattachment C: “Child and Adult Care Food Program Menu”.If the FSMC is developing the menu, theSFA shall approve any changes in the menus no later than two weeks prior to service after the initial cycle has been used.

1. Allmealsserved under theCACFPshall meet the requirements of§226.20.

1. The SFA shall not delegate any CACFP management responsibilities to the selected FSMC as specified in the Food and Nutrition Instruction 792-2, Rev.1 and as specified at 7 CFR 226.15(c).

1. The projected number of CACFP full feeding days is: ______.

Payment: Payment for meals provided under this section II: CACFP of the Amendment will be inclusive of the Base Contract and all expenditures and fees quoted therein.

Requirement for Cost-Reimbursable FSMC Contractand Fixed Price FSMC Contract:Regardless of FSMC contract type, 7 CFR §250.50Contract requirements and procurement, (b) Types of contracts; the SFA may enter into a fixed-price or a cost-reimbursable contract with a FSMC, except that SFA in CACFP is prohibited from entering into cost-reimbursable contracts, in accordance with 7 CFR part 226. As required by federal regulations the SFA will pay a fixed cost per meal provided.In lieu of Base Contract, Parties to this Amendment agree to the following CACFP fixed price shall be:

The fixed cost per CACFP meals.

Breakfast: $______- Meals (check one) ⃝ includes milk⃝ does not include milk

Lunch: $______- Meals (check one) ⃝ includes milk⃝ does not include milk

Supper:$______- Meals (check one) ⃝ includes milk⃝ does not include milk

Snack: $______- Meals (check one) ⃝ includes milk⃝ does not include milk

III.Cost Evaluation

Costs: The proposed costs for adding the CNP(s) to the Base Contract will be determine by completing the appropriate attachments to this Amendment. Proposed costs will be added to the determination of costs for awarding the Base Contract or if CNP(s) are added after the award, costs will be used to determine added expenses to the Base Contract and for determination if a material change to the Base Contract as occurred by adding CNP(s) to Base Contract. Parties to Amendment will need to complete the following attachments:

• ATTACHMENT D: SFA SPECIFICATION WORK SHEET ON AVERAGE DAILY PARTICIPATION (ADP)
• ATTACHMENT E: SFASITE/BUILDING LISTING – SERVICES TO BE PROVIDED
• ATTACHMENT F:PROJECTED OPERATIONS – REVENUE
• ATTACHMENTG:PROPOSED COST SUMMARY

IV.Execution of Amendment

IN WITNESS WHEREOF, the Parties hereto have entered into this Addendum.

SFAFSMC

By: ______By: ______

Title: ______Title: ______

Date: ______Date: ______

Note: A copy of this document, after executed by both parties, must be provided to:

Department of Public Instruction

School Nutrition Team

125 S. Webster Street

P.O. Box 7841

Madison, WI 53707-7841

Advice of Counsel: Each Party acknowledges that, in executing this amendment, such Party has had the opportunity to seek the advice of independent legal counsel, and has read and understood all of the terms and provisions of this amendment.Wisconsin Department of Public Instruction (DPI) is not a party to any contractual relationship between a SFA and a vendor. DPI is not obligated, liable, or responsible for any action or inaction taken by a SFA or vendor based on this prototype amendment. DPI’s review of the amendment is limited to assuring compliance with federal and state procurement requirements. The DPI does not review or judge the fairness, advisability, efficiency, or fiscal implications of the amendment.

Page 1 of 19

Version: January 2018

ATTACHMENT A: MINIMUM FOOD SPECIFICATIONS

Summer Food Service Program Meal Pattern

• Milk, fluid

• Vegetable(s) and/or fruit(s), or full-strength vegetable or fruit juice

• An equivalent quantity of any combination of
  vegetables(s), fruit(s), and juice

• Bread

• Cornbread, biscuits, rolls, muffins, etc.

• Cold dry cereal

• Cooked pasta or noodle product

• Cooked cereal or cereal grains or anequivalent quantity of any combination ofgrains/breads

• Lean meat or poultry or fish or alternate protein product7

• Cheese

• Eggs

• Cooked dry beans or peas

• Peanut butter or soynut butter or other nut or seed butters

• Peanuts or soynuts or tree nuts or seeds, or yogurt, plain or sweetened and flavored

• An equivalent quantity of any combination of the above meat/meat alternates

For the purpose of this table, a cup means a standard measuring cup.

1Serve two food items. Each food item must be from a different food component. Juice may not be served when milk is served as the only other component.

2Shall be served as a beverage, or on cereal, or use part of it for each purpose.

3Shall be served as a beverage.

4Serve two or more kinds of vegetable(s) and or fruit(s) or a combination of both. Full-strength vegetable or fruit juice may be counted to meet not more than one-half of this requirement.

5All grain/bread items must be enriched or whole grain, made from enriched or whole-grain meal or flour, or if it is a cereal, the product must be whole-grain, enriched or fortified. Bran and germ are credited the same as enriched or whole grain meal or flour.

6Either volume (cup) or weight (oz) whichever is less.

7Must meet the requirements in Appendix A of the SFSP regulations.

8No more than 50 percent of the requirement shall be met with nuts or seeds. Nuts or seeds shall be combined with another meat/meat alternate to fulfill the requirement. When determining combinations, 1 oz of nuts or seeds is equal to 1 oz of cooked lean meat, poultry, or fish.

Attachment A (continued…): MINIMUM FOOD SPECIFICATIONS

CACFP Meal Pattern Requirements:

Children and Youths (Ages 1 through 18)

The meal must contain, at a minimum, each of the components listed in at least the amounts indicated for the specific age groupin order to qualify for reimbursement. The required serving sizes are of foods/beverages in prepared or ready to eat form.

• 1 year olds: Unflavoredwholemilk
• 2-5 year olds: Unflavored1%orskim
• 6-18 year olds: Unflavored1%or skim, or flavoredskim

• Must be wholegrain-richorenriched
• At least oneservingperdaymustbewholegrain-rich
• Grain-baseddessertsdonotmeetthegrainrequirement (e.g. cookies, breakfast bars, animal and graham crackers, etc.)
• Cereals must be whole grain-rich, enriched or fortified, and contain no more than 6 grams of sugar per dry ounce

Programs must offer water to all children throughout the day and at any time upon their request. Encouraging children to drink water assists them in staying hydrated and developing healthy beverage habits. Water cannot be served in place of any food or beverage for meeting the meal component requirements.

• 1 year olds: Unflavoredwholemilk
• 2-5 year olds: Unflavored1%orskim
• 6-18 year olds: Unflavored1%or skim, or flavoredskim

• Mayreplacefruit,butmustoffertwodifferent vegetables
• Pasteurized full-strength juicemayonlybeusedtomeetthefruitorvegetablerequirementatonemealperday

• Must be wholegrain-richorenriched
• At least oneservingperdaymustbewholegrain-rich
• Grain-baseddessertsdonotmeetthegrainrequirement (e.g. cookies, breakfast bars, animal and graham crackers, etc.)
• Cereals must be whole grain-rich, enriched or fortified, and contain no more than 6 grams of sugar per dry ounce

Attachment A (continued…): MINIMUM FOOD SPECIFICATIONS

Programs must offer water to all children throughout the day and at any time upon their request. Encouraging children to drink water assists them in staying hydrated and developing healthy beverage habits. Water cannot be served in place of any food or beverage for meeting the meal component requirements.