"Catering Contract Template" - North Carolina

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NC Department of Public Instruction
Child Nutrition Services
Catering Contract Template
(for meals catered to a School Food Authority that participates in USDA Child Nutrition Programs)
PLEASE NOTE: The final contract MUST be approved by the State Agency before either party
signs the Contract.
All School Food Authorities (SFAs) that participate in the Federally-funded Child Nutrition Programs
must meet program requirements for catered meals that will be claimed for reimbursements, as
included in this catering contract between School Food Authority (SFA) and the Caterer.
I. PURPOSE AND AUTHORITY
This contract, dated____________________, between ______________________________
(School Food Authority) and _________________________________________ (Caterer) authorizes
that the Caterer shall provide meals to the School, in accordance with applicable regulations for
USDA Child Nutrition Programs referred to below, for the period, not to exceed one year, from
__________________ through _________. The contract may be renewed on an annual basis for a
four year period from the date the first contract was signed.
The Caterer will provide meals to the following School location(s):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Federal Regulations for USDA Child Nutrition Programs
National School Lunch Program: 7 CFR 210
School Breakfast Program: 7 CFR 220
Special Milk Program: 7 CFR 215
Procurement Regulations 7 CFR 3016 and 3019
II. MEALS
A. The Caterer will provide the following types of meals:
(Indicate breakfasts, lunches, snacks, suppers, milk. If more than one site, indicate any differences
between sites.)
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
B. The Caterer will also provide:
(Indicate items such as condiments, eating utensils, paper items, extra milk, transportation
containers, if applicable. If more than one site, indicate any differences between sites.)
_______________________________________________________________________________
_______________________________________________________________________________
__________________________________________________________________________________________
___________________________________________________________________________________
_______________________________________________________________________________
NC Department of Public Instruction
Child Nutrition Services
Catering Contract Template
(for meals catered to a School Food Authority that participates in USDA Child Nutrition Programs)
PLEASE NOTE: The final contract MUST be approved by the State Agency before either party
signs the Contract.
All School Food Authorities (SFAs) that participate in the Federally-funded Child Nutrition Programs
must meet program requirements for catered meals that will be claimed for reimbursements, as
included in this catering contract between School Food Authority (SFA) and the Caterer.
I. PURPOSE AND AUTHORITY
This contract, dated____________________, between ______________________________
(School Food Authority) and _________________________________________ (Caterer) authorizes
that the Caterer shall provide meals to the School, in accordance with applicable regulations for
USDA Child Nutrition Programs referred to below, for the period, not to exceed one year, from
__________________ through _________. The contract may be renewed on an annual basis for a
four year period from the date the first contract was signed.
The Caterer will provide meals to the following School location(s):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Federal Regulations for USDA Child Nutrition Programs
National School Lunch Program: 7 CFR 210
School Breakfast Program: 7 CFR 220
Special Milk Program: 7 CFR 215
Procurement Regulations 7 CFR 3016 and 3019
II. MEALS
A. The Caterer will provide the following types of meals:
(Indicate breakfasts, lunches, snacks, suppers, milk. If more than one site, indicate any differences
between sites.)
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
B. The Caterer will also provide:
(Indicate items such as condiments, eating utensils, paper items, extra milk, transportation
containers, if applicable. If more than one site, indicate any differences between sites.)
_______________________________________________________________________________
_______________________________________________________________________________
__________________________________________________________________________________________
___________________________________________________________________________________
_______________________________________________________________________________
C. The Caterer will provide meals that meet USDA meal pattern requirements, in accordance with
meal patterns in program regulations and attached to this contract, for the following USDA Child
Nutrition program(s): (Indicate which USDA programs will provide reimbursements for catered meals
– National School Lunch Program, School Breakfast Program, Afterschool Snack Program, Special
Milk Program. If more than one site, indicate any differences between sites.) The Caterer agrees to
use the USDA Food Buying Guide, CN Labels, or manufacturer’s specifications to determine that
adequate amounts of foods are provided to meet the serving sizes required by the meal pattern.
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
The SFA has provided at least two weeks of menus for the Caterer to indicate specific foods/portions
that are to be included in each meal or snack. The Caterer has agreed to provide the foods shown on
the menu, in the portion size required. The menu is attached to this contract and will become part of
the contract. Any change in the menu, including any substitution of one food for another similar food,
must be approved, in advance, by the SFA.
The meal pattern for the National School Lunch Program is attached to this contract. If Caterer will
provide meals or snacks that will be claimed through any other child nutrition programs, the
applicable meal patterns have been attached to this contract.
D. The Caterer will prepare meals for School in the following manner:
(Describe whether caterer will serve meals, or provide unitized meals, or provide bulk quantities
accompanied by written instruction regarding the planned portion size to be served of each food
component needed to meet meal pattern requirements. If more than one site, indicate any
differences between sites.)
_______________________________________________________________________________
_______________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
E. The Caterer will utilize any USDA donated foods and processed commodity end products made
available by School to the maximum extent possible and solely for the purpose of providing benefits
for the School's Child Nutrition Program.
III. ORDERING AND DELIVERY
A. The SFA will notify Caterer _____ hours/days in advance of the number of meals needed, as
described: (Indicate deadline(s) for School to send meal orders, such as by a set time on the previous
day or the same day of the meal service, and how notice will be provided, by telephone or in person.
Also indicate timeline(s) for increasing and decreasing an order that has been made. If more than one
site, indicate any differences between sites.)
_______________________________________________________________________________
_______________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
B. The Caterer will deliver meals as described:
(For each site and meal service, indicate time(s) that each meal will be delivered, or time(s) that
School will pick up meals at Caterer’s site. If more than one site, indicate any differences between
sites.)
_______________________________________________________________________________
___________________________________________________________________________________
____________________________________________________________________________________
________________________________________________________________________________ ____
________________________________________________________________________________
________________________________________________________________________________
C. Responsibility for transport containers will be as described:
(Indicate whether the Caterer or School will be responsible for cleaning transport containers and, if
applicable, schedule for Caterer to pick up or School to return transport containers. If more than one
site, indicate any differences between sites.)
_______________________________________________________________________________
_______________________________________________________________________________
IV. MEAL PRICES AND BILLING
A. The School will pay the following prices for meals:
(Indicate price for each meal type provided by the Caterer. If applicable, indicate charges for extra
milk, adult meals, or other. If more than one site, indicate any differences between sites.) (Note: if
adult meals will be provided by the Caterer, these meals must be invoiced separately from those
meals/snacks prepared for children/students.)
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
B. The Caterer will bill the School as described:
(Indicate whether Caterer will bill on weekly, bi-weekly, or monthly basis and when payment is due.)
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
V. ADDITIONAL PROVISIONS MUTUALLY AGREED UPON BY THE SCHOOL FOOD
AUTHORITY AND THE CATERER
A. The SFA may wish to negotiate with the Caterer to provide a nutrient analysis of meals served to
students; this is optional. However, the SFA is responsible for producing a nutrient analysis of meals
served to students using USDA approved nutrient analysis software.
B. Other:
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
VI. SCHOOL FOOD AUTHORITY CONTROL OF THE CHILD NUTRITION PROGRAM
The School Food Authority (SFA) will maintain its responsibilities for administration of the food
service, in accordance with regulations and policies for USDA School Nutrition Programs. The SFA
will:
a. Retain control of the quality, extent, and general nature of the food service, including counting
and claiming meals, and ordering and accounting for USDA commodities.
b. Ensure that the Child Nutrition Program conforms with the School’s Agreement with the NC
Department of Public Instruction/State Board of Education to participate in the Federally-
funded Child Nutrition Programs.
c. Retain control of the nonprofit school food service account and overall financial responsibility
for the nonprofit Child Nutrition Program.
d. Retain signature authority on the School Nutrition Programs agreement. Retain signature
authority for the annual School Nutrition Programs application and monthly claims by
electronically submitting required information to the NC Department of Public Instruction/State
Board of Education.
e. Retain control of the establishment of all prices, including price adjustments, for meals served
under the nonprofit Child Nutrition Program account, e.g., pricing for reimbursable meals, a la
carte service including vending machines, and adult meals.
f. Retain title to USDA donated foods. Ensure that all USDA donated foods made available to
the Caterer accrue only to the benefit of School's nonprofit Child Nutrition Program.
g. Review, approve or deny, and verify applications for free and reduced-price school meals in
accordance with 7 CFR 245. Provide hearings related to eligibility determinations in
accordance with 7 CFR 245.7. Provide hearings related to adverse actions resulting from
verification in accordance with 7 CFR 245.6a(e).
h. Prepare all catering contract documents.
i. Maintain all applicable health certifications and assure that all state and local health
regulations are being met by Caterer if preparing or serving meals at a School facility.
j. Monitor catered meals to ensure the food service is in conformance with program
regulations.
k. Protect the confidentiality of all propriety records (including standardized recipes) and ensure
such records are not shared with any party outside of the regulatory agencies and agents of
these agencies as stipulated in this Contract.
l. Comply with Federal regulations for accommodating students with special dietary needs and
will provide specific meal preparation instructions to the Caterer to ensure reimbursable meals
are prepared that meet the child’s specific dietary restrictions.
VII. HEALTH AND SANITATION
A. The SFA and the Caterer agree that federal, state and local health and sanitation requirements
will be met at all times. Caterer will obtain and maintain all federal, state and local health certifications
and regulations that apply to school facilities and any other facilities in which meals are prepared or
packaged. The Caterer will maintain applicable health certifications for any facilities outside the
school in which meals are prepared. All food will be properly stored, prepared, packaged and
transported free of contamination and at appropriate temperatures. The Vendor shall furnish to the
SFA a copy of the current health certification issued by the Department of Environmental Health
which shall be included with the Contract and any amendments or renewals
.
B. The SFA will not pay for meals or snacks that are unwholesome or spoiled at time of delivery.
Meals must be prepared under properly controlled temperatures and in accordance with all applicable
health and sanitation regulations. The Vendor is responsible for the quality and wholesomeness of
meals up to and including delivery to the SFA. The SFA, the NC Department of Public Instruction,
and the US Department of Agriculture reserve the right to inspect the Vendor’s preparation and
storage facilities and transporting vehicles, without notice any time.
C. The Caterer will collaborate with the SFA to develop approved HACCP procedures using the
NCDPI provided templates (or approved equivalent) to assure that safe meals are served to students.
D. The Caterer agrees to maintain a minimum of an “A” Sanitation Grade throughout the contract. In
the event the Catering facility receives a rating of less than an “A” Sanitation Grade, the Contractor
agrees to contact the SFA immediately and take immediate corrective action to return the rating to an
“A”. If the “A” Sanitation Grade is not restored within thirty days, the SFA may cancel the contract
and enter into an emergency contract with another caterer.
VIII. RECORDKEEPING
A. The Caterer agrees to maintain full and accurate records, which SFA needs to meet its
responsibility for claiming reimbursements through School Nutrition Programs. Required records
include: 1) standardized recipes, 2) daily production records using the DPI prototype form unless
prior approval has been granted for alternate form(s); 3) daily quantities of food prepared, by type of
meal; 4) daily number of meals furnished, by type of meal.
B. The Caterer shall submit at the end of each month copies of the records of menus and numbers of
meals furnished to the Institution.
C. The Caterer agrees that a SFA-approved catered meal delivery ticket or production record must
accompany the meals to the site(s) each day so that they may be used to document time and
temperature of meals upon arrival at the site(s). The Delivery Ticket and/or Production Record shall
also be used to determine whether the Caterer provides a sufficient quantity of food to meet the
minimum meal component requirements to ensure reimbursable meals. This daily practice will enable
the SFA to document leftover amounts and disposition of foods at the end of the meal service.