fairfield independent school district invitation for … › scschoolfiles › 743 › ... · this...

of 27

FAIRFIELD INDEPENDENT SCHOOL DISTRICT

INVITATION FOR PROPOSAL

Proposal Opening Date and Time: June 18, 2020 at 10:00 am

Proposal Deadline: June 15, 2020 at 12:00

Proposal Name and Number: RFP for Beverages 2020

Location: FAIRFIELD INDEPENDENT SCHOOL DISTRICT

615 Post Oak Road

Fairfield, Texas 75840

Scope of Proposal: It is the intention of the Fairfield Independent School District (“FISD,” “Fairfield ISD,”

or “the District”) to solicit competitive sealed proposals to establish an exclusive District wide beverage

sales and vending services contract through competitive negotiations, in accordance with all requirements

stated herein. This contract will include all beverages for the District except for school meals. This proposal

is for current District sites and any new sites built, purchased or leased within the three (3) year term and

the optional three (3) successive one (1) year renewals.

Contract Time Period: July 1, 2020-June 30, 2023

This proposal shall be for the term of three (3) years. There will be the option of three (3) successive one

(1) year renewals.

Proposal Submission: Proposals will be publicly opened and read as set out above at the FISD

Administration Building located at the above-referenced address. Proposal representatives are invited to be

present. Proposals must be properly labeled on the OUTSIDE of the envelope as follows:

Beverage RFP 2020

Fairfield ISD

Attn: Sharon Gibson

615 Post Oak Road

Fairfield, Texas 75840

“RFP for Beverages 2020”

Vendor shall submit one (1) original copy of the proposal. All proposals must be made on the enclosed

form. Additional written correspondence may be attached to the form.

Proposal response should include the following information:

Cash payment to the District;

Vending price of each selection;

Other considerations/conditions, scholarships, other donations, free products, etc.; and

The information required by the Invitation for Proposal as set out herein.

The above requested information is intended as a guide for proposal development and in no way is intended

to limit the proposal content.

of 27

Vendors are encouraged to submit any additional information or comments they wish considered. This

additional information should be included as a separate appendix to the proposal.

Oral Presentation: Vendors who submit a proposal in response to this RFP may be required to give an

oral presentation of their proposal to the District. This provides an opportunity for the Vendor to clarify or

elaborate on the proposal. This is a fact finding and explanation session only and does not include

negotiation.

Requests for Additional Information: Any requests for additional information pertaining to these

specifications should be directed in writing by fax or email to Sharon Gibson at fax number – 903-389-

7050 or via email to [email protected].

Communication: From the date of receipt of this Request for Proposal by each vendor until a binding

contractual agreement exists with the selected vendor or when Fairfield ISD rejects all proposals, all

communications between the District and the vendor will be formal. Address all inquiries in writing to

Sharon Gibson.

of 27

I. GENERAL TERMS AND CONDITIONS

The Fairfield Independent School District is composed of the administration building, four (4) campus sites,

one (1) athletic stadium, transportation facility, maintenance facility and auxiliary facility. It has an

enrollment of 1790 students. There are approximately 300 teaching staff and support personnel.

1. Proposal Preparation and Submission Procedures.

Sealed proposals will be received until the deadline indicated in the Notice of Invitation to Proposal.

1.1. Sealed proposals.

Each proposal must be submitted in a SEALED envelope, package or container. The outside

of the proposal package, must indicate the following information in clear and legible form:

a) Full name and address of the proposing entity;

b) The proposal name in the lower left-hand corner; and

c) Submit one (1) original. No copies are required.

Proposals may be submitted by U.S. Mail, common carrier, or other courier or delivery service,

or by hand delivery. An original signature on the proposal form is the only acceptable proposal

form.

1.2. Misplaced mail.

Fairfield Independent School District will not be responsible for proposals or related

correspondence that are incorrectly sent, incorrectly delivered, or misplaced. The date/time

record of FISD staff will be the official time of receipt.

1.3. Late proposals.

Proposals received after the deadline will not be accepted for consideration and will be returned

unopened.

1.4. Facsimile proposals.

FISD does not accept receipt of faxed proposals. An original signature on the attached proposal

acknowledgment form in a sealed envelope is the only acceptable proposal form.

1.5. Altering proposals.

Any change made to any written response on any of the proposal documents must be made in

ink by marking through the original entry and clearly entering the new information alongside

the change. Changes must not be made with correction fluid. All changes must be “initialed”

by the person making the change. (The name of the person who initialed the change must be

noted in a footnote on the same page containing the correction.) Proposals cannot be altered

or amended after submission deadline.

1.6. Documentation.

All information requested must be provided by the Proposer for the Proposal to be responsive.

Failure to provide this information may result in rejection of proposal.

1.7. Attendance.

Proposers are welcome to attend the proposal opening at the date and time indicated in the

Notice of Invitation to Proposal, but proposers’ presence is not required, and no weight or other

consideration toward any award decision will be given to any proposers’ attendance or absence

at the proposal opening. Recaps of the details of the proposals received will be available to any

of 27

interested party upon WRITTEN request and to the extent the information is not confidential

under the Public Information Act, Texas Government Code Chapter 552. The form and content

of the proposal recaps will be at the sole discretion of the administration of FISD. They may

be in electronic form, if an email address is on file.

2. Statement of Inclusion/Applicability

These General Terms and Conditions are applicable to all Proposal Invitations issued by FISD,

and by this inclusion, they become an integral part of any contract which is awarded, or purchase

order which is issued in association with the specifications with this Proposal Invitation.

2.1. Silence of Specifications.

The apparent silence of these specifications as to any detail or to the apparent omission from

any specification of a detailed description concerning any point, shall be regarded as meaning

that only the best commercial practices are to prevail. All interpretations of the specifications

shall be made on the basis of this statement.

2.2. Error in Specifications.

If you discover or suspect an error in the item specifications in this Proposal Invitation, please

note it as part of your proposal response.

3. General

Throughout this document, the terms “Fairfield Independent School District,” or “FISD,” “Fairfield

ISD,” or “the District” are interchangeable to mean the related activities of the management and

staff of the Fairfield Independent School District and any one or all of its participating members

and their management and staff. The section titles contained in this General Terms and Conditions

document are for convenience and reference only, and in no way define, describe, extend, or limit

the scope or intent of the provisions of any section of this document.

3.1. Best Value.

FISD reserves the right to award the contract to one or more vendors as it deems to be the best

value for the District.

3.2. “No Proposal”.

Proposers who do not wish to respond to this Proposal Invitation, but who would like to remain

on our proposers list for these goods and services should sign and return the “Notice of

Invitation to Proposal” form with “No Proposal” indicated on the face of the form. Failure to

adhere to this procedure will result in removal of the proposers name from our proposers list.

4. Contract

This contract is for the suppliers of all soft drinks (carbonated and non-carbonated), bottled water,

ready-to-drink tea, juice and isotonic products, but not including any Food Service Operations of

the District. The contract includes concession stand sales for extracurricular activities for the

District.

The term “contract”, as used in this document, means the comprehensive collection of:

This General Terms and Conditions document, including any attachments and or

amendments hereto;

The Item Specifications included in the Proposal Invitation and any subsequent addenda

thereto;

The signed Notice of Invitation to Proposal sheet, which must be completed, signed by an

authorized representative of the proposing entity;

of 27

The proposer’s entire response to the Proposal Invitation; and

Any additional terms, conditions, or instructions contained in each individual Purchase

Order issued by FISD.

Collectively, these documents represent the entire agreement between the parties.

4.1. Contract term.

The contract shall be for the term of three (3) years, with the option of three (3) successive one

(1) year renewals.

4.2. Assignment.

The successful proposer shall not sell, assign, transfer or convey this contract, in whole or in

part, without the prior written consent of an authorized representative of FISD as determined

by the District’s Board of Trustees.

4.3. Territory.

This proposal is for current District sites and any new sites built, purchased or leased within

the contract time.

5. Addendum

In the event that any changes to this Proposal Invitation occur subsequent to the mailing or other

delivery of the original Proposal Invitation, the changes or corrections to this Proposal Invitation

will be made by addendum, and any updated information contained in any addendum will prevail

over the information contained in the original Proposal Invitation or any previous addendum. Each

addendum will be mailed to all entities that are known to have received a copy of this Proposal

Invitation. FISD is the sole authority for the issuance of any addendum related to this proposal.

Any communications from any person or entity other than the FISD Finance Director regarding

any matters related to this proposal are invalid and will have no influence on this Proposal

Invitation.

Each addendum must be acknowledged in the manner indicated on the addendum. Any required

acknowledgments must be submitted along with the submission of any proposal response.

6. Proposal Evaluation and Award

All proposals received in response to this Proposal Invitation which are submitted in accordance

with the instructions and restrictions contained in section #1 of this General Terms and Conditions

document entitled “Proposal Preparation and Submission Procedures” will initially be considered

for award; however, initial consideration of any proposal will not constitute an assessment of its

meeting the necessary qualifications, and any proposal may be disqualified at any time during the

process of evaluating proposals for failure to meet any other terms or conditions contained

anywhere else in the Proposal Invitation.

FISD reserves the right to waive any or all proposal irregularities, formalities, or other

technicalities, to be the sole and independent judge of quality and suitability of any products

offered, and may accept or reject any proposal in its entirety, or may reject any part of any proposal

without affecting the remainder of that proposal, and may award the individual items on this

proposal in any combination or in any way to best serve the interests of its members as it perceives

those interests to be in its sole discretion.

of 27

6.1. Evaluation Proposal.

It is not the policy of the District to purchase on the basis of low proposals alone. In evaluating

proposals submitted and per the Texas Education Code 44.031(b), the following considerations

will be taken into account to determine the best value for the District.

a) The purchase price;

b) The reputation of the vendor and of the vendor’s goods or services;

c) The quality of the vendor’s goods or services;

d) The extent to which the goods or services meet the District’s needs;

e) The vendor’s past relationship with the District;

f) The impact on the ability of the District to comply with laws and rules relating to

historically underutilized businesses;

g) The total long-term cost to the District to acquire the vendor’s goods or services;

h) For a contract for goods and services, other than goods and services related to

telecommunications and information services, building construction and maintenance, or

instructional materials, whether the vendor or the vendor’s ultimate parent company or

majority owner: has its principal place of business in this state; or employs at least 500

persons in this state.

6.2 Best Value.

It is understood that FISD, through its management, may use all means at their collective

disposal to evaluate the proposals received on the above criteria, and the final decision as to

the best overall offer, both as to price and to suitability of the products and/or services offered

to fit the needs of FISD will rest solely with the Board of Trustees.

7. Sales Tax

FISD is a public jurisdiction that is exempt from sales, excise, and use taxes. Tax Exemption

Certificates will be provided by FISD upon individual requests from the vendor. Unless otherwise

specified in this Proposal Invitation, sales tax will not be included in any proposal response or

invoice submitted by any vendor unless the vendor has requested a Tax Exemption Certificate from

the individual Cooperative member in writing and failed to receive the same within a reasonable

period of time. The Limited Sales, Excise, and Use Tax Laws recognize the inclusion of tax

exemption information as part of a purchase order document to be as binding as if it had been

submitted separately, and by responding to this Proposal Invitation, the proposer agrees to accept

tax exemption information in such form.

8. Quality

Unless otherwise indicated in the Proposal Invitation, all items proposed must be new and in first

class condition, and must conform to the highest standards of manufacturing practice, including

containers suitable for shipment and storage. Unless otherwise requested, FISD will not accept

“factory seconds” or otherwise inferior goods, and reserves the right to return any such item(s)

within thirty (30) days of receipt at vendor’s expense.

9. Withdrawal or Modification of Proposal

A proposal may not be withdrawn or cancelled by the proposer for a period of ninety (90) days

following the date designated for the receipt of proposals, and proposer so agrees upon submittal

of their proposal.

of 27

10. Deviations from General Terms and Conditions

Any and all limitations, exceptions, qualifications, special conditions, or deviations from these

General Terms must be clearly noted in detail by the proposer at the time of submission of the

proposal. The absence of such limitations, exceptions, qualifications, special conditions, or

deviations being submitted in writing with the proposers’ response will hold the proposer

accountable to FISD to perform in strict accordance with all these General Terms and Conditions

and all the item specifications as written. The proposer should be aware that the submission of any

such limitations exceptions, qualifications, special conditions, or deviations with the proposal

response may place the proposer at a competitive disadvantage or otherwise prevent FISD from

considering the proposal on the affected item(s).

Any deviation from any of the item specifications, including the delivery of any product other than

the specific brand and model of the product awarded, will be grounds for rejection of the product(s)

when delivered, and will expose the vendor to the remedies identified in the Remedies section of

this General Terms and Conditions document, and may jeopardize future business with FISD.

11. Contracts and Purchase Orders

A response to this Proposal Invitation is an offer to contract with FISD based upon the Item

Specifications and the General Terms and Conditions contained in this proposal invitation.

11.1. Proposals to Contracts.

Proposals become contracts when they are accepted by FISD through an Award Notice to the

proposer, after awards have been made by the Board of Trustees. The contract shall be

interpreted by and governed under the laws of the State of Texas.

This contract shall collectively include:

a) The General Terms and Conditions and the Item Specifications included in the Proposal

Invitation and any subsequent addenda thereto;

b) The proposers signed Notice of Invitation to Proposal sheet and any other data collection

sheets included with the Proposal Invitation;

c) The proposer’s entire response to the Proposal Invitation;

d) The proposers Notice of Award document; and

e) Any additional terms, conditions, or instructions contained in each individual Purchase

Order.

12. Remedies for Non-Performance of Contract, and Termination of Contract

The successful proposer and FISD agree that both parties have all rights, duties, and remedies

available as stated in the Uniform Commercial Code. All services and supplies shall conform to

proposed specifications and shall be free from all defects in material, workmanship and title.

If the vendor cannot comply with the terms and conditions in fulfilling its contract as anticipated,

the vendor must supply the same products or services contracted from other sources at the contract

price. The vendor’s delay in the above will constitute the vendor’s material breach of contract,

whereupon FISD may terminate the vendor’s contract for cause as provided by the remainder of

this section.

12.1. Contract Termination.

Except as otherwise provided for within the General Terms and Conditions of this document,

this contract may be terminated in whole or in part by either party in the event of substantial

failure by the other party to fulfill its obligations under this contract through no fault of the

of 27

terminating party; provided that no such termination may be implemented unless and until

the other party is given (1) at least ten (10) days written notice (delivered by certified mail,

return receipt requested) of intent to terminate and (2) an opportunity for consultation with

the terminating party, followed by a reasonable opportunity, of not more than ten (10)

working days, to rectify the defects in products or performance, prior to termination.

12.2. Cancelled Contract.

In the event FISD terminates this contract, in whole or in part, for any reason provided for

within the contract, FISD reserves the right to award the canceled contract, or any portion

thereof, to the next lowest or best proposer as it deems such award to be in the best interest

of FISD. Any contract termination resulting from any cause other than a Force Majeure event

will be deemed valid reason for not considering any future proposals from the defaulting

vendor.

12.3. Valid causes for termination.

a) The vendor’s failure to adhere to any of the provisions of the General Terms and

Conditions of this Proposal Invitation

b) The vendor’s delivering any product(s) that fails to meet the Item Specifications

included in this Proposal Invitation relating to the awarded product(s);

c) The vendor delivering any substitution(s) of product(s) different than those originally

proposal and awarded without the prior written approval of FISD;

d) The vendor’s failure to meet the required delivery schedules as identified in the

contract documents; or

e) The vendor’s violation of any other provision contained within these General Terms

and Conditions or any attachment thereto which provides for contract termination as a

remedy.

Notwithstanding anything contained in this section, in the event of the vendor’s breach of

any provision in this contract, FISD reserves the right to enforce the performance of this

contract in any manner prescribed by law or deemed to be in the best interest of FISD,

including but not limited to, the purchase of other products of like type and quality from

other sources in the open market.

13. Force Majeure

The term Force Majeure shall include, but is not limited to, governmental restraints or decrees,

provided they affect all companies in the vendor’s industry equally and are not actions taken solely

against the vendor; acts of God (except natural phenomena, such as rain, wind or flood, which are

normally expected in the locale in which performance is to take place); work stoppages due to labor

disputes or strikes; fires; explosions; epidemics; riots; war; rebellion; or sabotage.

The party seeking relief due to Force Majeure will be required to promptly notify the other party in

writing, citing the details of the Force Majeure event, and will be required to use due diligence to

overcome obstacles to performance created by the Force Majeure event, and shall resume

performance immediately after the obstacles have been removed, provided the contract has not

been terminated in the interim.

Delay or failure of performance, by either party to this contract, caused solely by a Force Majeure

event shall be excused for the period of delay caused solely by the Force Majeure event, provided

the affected party has promptly notified the other party in writing. Neither party shall have any

claim for damages against the other resulting from delays caused solely by Force Majeure.

of 27

FISD will not be responsible for any costs incurred by the vendor because of the Force Majeure

event.

Notwithstanding any other provision of this section, in the event the vendor’s performance of its

obligations under this contract is delayed or stopped by a Force Majeure event, FISD shall have the

option to terminate this contract in accordance with the “Remedies” section of this General Terms

and Conditions document. Furthermore, this section shall not be interpreted as to limit or otherwise

modify any of FISD’s rights as provided elsewhere in this contract.

14. Indemnification

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROPOSER AND

ITS AGENTS, PARTNERS, EMPLOYEES, AND CONSULTANTS (COLLECTIVELY

“INDEMNITORS”) SHALL AND DO AGREE TO INDEMNIFY, PROTECT, DEFEND WITH

COUNSEL APPROVED BY THE DISTRICT, AND HOLD HARMLESS THE DISTRICT AND

ITS AFFILIATED ENTERPRISES, REPRESENTATIVES OF THE DISTRICT, AND THEIR

RESPECTIVE OFFICERS, DIRECTORS, MEMBERS OF THE BOARD, PARTNERS,

EMPLOYEES AND AGENTS COLLECTIVELY “INDEMNITEES”) FROM AND AGAINST

ALL CLAIMS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS

AND EXPENSES, INCLUDING ATTORNEY FEES, OF ANY NATURE, KIND, OR

DESCRIPTION (COLLECTIVELY “LIABILITIES”) OF ANY PERSON OR ENTITY

WHOMSOEVER ARISING OUT OF, CAUSED BY, OR RESULTING FROM THE

PERFORMANCE OF SERVICES, OR PROVISION OF GOODS, BY VENDOR PURSUANT

TO THIS CONTRACT, OR ANY PART THEREOF, WHICH ARE CAUSED IN WHOLE OR

IN PART BY ANY NEGLIGENT ACT OR OMISSION OF THE PROPOSER OR, ANYONE

DIRECTLY OR INDIRECTLY EMPLOYED BY IT OR ANYONE FOR WHOSE ACTS IT

MAY BE LIABLE EVEN IF IT IS CAUSED IN PART BY THE NEGLIGENCE OR OMISSION

OF ANY INDEMNITEE, SO LONG AS IT IS NOT CAUSED BY THE SOLE NEGLIGENCE

OR WILLFUL MISCONDUCT OF ANY INDEMNITEE. IN THE EVENT MORE THAN ONE

OF THE INDEMNITORS ARE CONNECTED WITH AN ACCIDENT OR OCCURRENCE

COVERED BY THIS INDEMNIFICATION, THEN EACH OF SUCH INDEMNITORS SHALL

BE JOINTLY AND SEVERALLY RESPONSIBLE TO THE INDEMNITEES FOR

INDEMNIFICATION AND THE ULTIMATE RESPONSIBILITY AMONG SUCH

INDEMNITORS FOR THE LOSS AND EXPENSE OF ANY SUCH INDEMNIFICATION

SHALL BE SETTLED BY SEPARATE PROCEEDINGS AND WITHOUT JEOPARDY TO

ANY INDEMNITEE.

PROPOSER SHALL PROTECT AND INDEMNIFY THE DISTRICT FROM AND AGAINST

ALL CLAIMS, DAMAGES, JUDGMENTS AND LOSS ARISING FROM INFRINGEMENT OR

ALLEGED INFRINGEMENT OF ANY UNITED STATES PATENT, OR COPYRIGHT,

ARISING BY OR OUT OF ANY OF THE SERVICES PERFORMED OR GOODS PROVIDED

HEREUNDER OR THE USE BY PROPOSER OR BY THE DISTRICT AT THE DIRECTION

OF PROPOSER OF ANY ARTICLE OR MATERIAL, PROVIDED THAT UPON BECOMING

AWARE OF A SUIT OR THREAT OF SUIT FOR PATENT OR COPYRIGHT

INFRINGEMENT, THE DISTRICT SHALL PROMPTLY NOTIFY PROPOSER AND

PROPOSER SHALL BE GIVEN FULL OPPORTUNITY TO NEGOTIATE A SETTLEMENT.

PROPOSER DOES NOT WARRANT AGAINST INFRINGEMENT BY REASON OF THE

DISTRICT’S DESIGN OF ARTICLES OR THE USE THEREOF IN COMBINATION WITH

OTHER MATERIALS OR IN THE OPERATION OF ANY PROCESS. IN THE EVENT OF

LITIGATION, THE DISTRICT AGREES TO COOPERATE REASONABLY WITH

PROPOSER AND PARTIES SHALL BE ENTITLED, IN CONNECTION WITH ANY SUCH

LITIGATION, TO BE REPRESENTED BY COUNSEL AT THEIR OWN EXPENSE.

of 27

The indemnities contained herein shall survive the termination of any agreement or purchase order

for any reason whatsoever.

15. Venue

This agreement will be construed and governed according to the laws of the State of Texas. Both

parties agree that venue for any litigation arising from this contract shall lie in Freestone County,

Texas.

16. Waiver

No claims or rights arising out of a breach of this contract can be discharged in whole or part by a

waiver or renunciation of the claim or right unless the waiver or renunciation is supported by

consideration and is in writing signed by the aggrieved party.

17. Interpretation-Parol Evidence

This writing is intended by the parties as a final expression of their agreement and a complete and

exclusive statement of the terms of their agreement. No course of prior dealings between the parties

and no usage of the trade shall be relevant to supplement or explain any terms used in this

agreement. Acceptance or acquiescence in a course of performance rendered under this agreement

shall not be relevant to determine the meaning of this agreement even though the accepting or

acquiescing party has knowledge of the performance and opportunity for objection. Whenever a

term defined by the Texas Business & Commerce Code is used in this agreement, the definition

contained in the Code shall be controlling.

18. Right to Assurance

Whenever one party to this contract in good faith has reason to question the other party’s intent to

perform he may demand that the other party give written assurance of his intent to perform. In the

event that a demand is made and no assurance is given within five (5) days, the demanding party

may treat this failure as an anticipatory repudiation of the contract.

19. Assignment- Delegation

No responsibility or obligation created by this contract shall be assigned or delegated by the vendor

without written permission from FISD. Any attempted assignment or delegation by the vendor shall

be wholly void and totally ineffective for all purposes unless made in conformity with this

paragraph.

20. Non-Collusion Certification

By signing this proposal, the proposer certifies that, to the best of his/her knowledge:

1) Neither the proposer nor any business entity represented by the proposer has received

compensation for participation in the preparation of the item specifications or the General

Terms and Conditions related to this Proposal Invitation,

2) This proposal or proposals has been arrived at independently and is submitted without

collusion with any other proposer, with any competitor or potential competitor, or with any

other person or entity to obtain any information or gain any special treatment or favoritism

that would in any way limit competition or give any proposer an unfair advantage over any

other proposer with respect to this proposal,

3) The proposer has not accepted, offered, conferred, or agreed to confer, and will not in the

future accept, offer, confer, or agree to confer, any benefit or anything of value to any

person or entity related FISD in connection with any information or submission related to

this proposal, any recommendation, decision, vote, or award related to this proposal, or the

of 27

exercise of any influence or discretion concerning the sale, delivery, or performance of any

product or service related to this proposal,

4) Neither the proposer, nor any business entity represented by the proposer, nor anyone

acting for such business entity, has violated the Federal Antitrust Laws or the antitrust laws

of this State with regard to this proposal, and this proposal or proposal has not been

knowingly disclosed, and will not be knowingly disclosed to any other proposer,

competitor, or potential competitor prior to the opening of proposals or proposals for this

project,

5) No attempt has been or will be made to induce any other person or entity to submit or to

not submit a proposal or proposal.

The person signing this proposal or proposals certifies that he/she has fully informed

himself/herself regarding the accuracy of the statements contained in this certification.

21. Non-Appropriation Clause

Renewal of contracts will be in accordance with Local Government Code section 271.903

concerning non-appropriation of funds for multi-year contracts. The FISD Board of Trustees

reserves the right to rescind the contract at the end of each fiscal year if it is determined that there

are insufficient funds to extend the contract.

Should FISD not have sufficient funds appropriated for the contract, and after timely notification

to the supplier, FISD will be fully and expressly released from all obligations under this agreement

and any incidental agreements hereto. Renewal of agreement is specifically contingent upon

satisfactory performance by supplier under the conditions set forth in this agreement.

22. Required Forms

All Proposers must execute the “Affidavit of Non-Collusion,” “Felony Conviction Notification,”

“Proposers Certification,” “Conflict of Interest,” “Debarment and Suspension Certification Form,”

“Deviation/Compliance Signature Form,” and “No Proposal Notification” enclosed herewith for

their proposal to be considered. The name of the authorized company representative on these forms

should be the same. Each proposer must also submit a completed and signed Form 1295 (Certificate

of Interested Parties). The proposer must electronically complete and sign a 1295 form on the Texas

Ethics Commission website, print out the form, and deliver a copy of the form to the District with

the proposal.

23. Warranty

Vendor warrants that all goods delivered under this contract will conform to the requirements of

this contract (including all applicable descriptions, specifications, drawings, and samples) and will

be free from defects in design and fit for the intended purposes. Any inspection or acceptance of

the goods by buyer shall not alter or affect the obligations of vendor or the right of buyer under the

foregoing warranties. Unless agreed to otherwise, the District retains all other warranties and/or

other remedies provided by federal & state law.

24. Advertising

Vendor shall not advertise or publish, without the District’s prior consent, the fact that the District

has entered into this contract, except to the extent necessary to comply with proper requests for

information as provided by appropriate statutes.

25. Conflict of Interest

Vendor agrees that the contract is subject to cancellation by the District if any person significantly

involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of Fairfield

of 27

Independent School District, is at any time while the contract is in effect, an employee of any other

party to the contract in any capacity or a consultant to any other party of the contract with respect

to the subject matter of the contract.

26. Compliance with Laws

The final contract must be in compliance with all federal and Texas State laws and regulations and

is subject to termination by the Board of Trustees of the Fairfield Independent School District,

termination for non-availability of funding and for prepayment, without penalty.

27. Confidential Information.

If a vendor believes that a proposal, offer, or specification contains information that shall be

withheld from disclosure, a statement advising the procurement must be attached and noted on page

one of the document. However, vendor specifically acknowledges and understands that the District

may, in some circumstances, be required to disclose information in accordance with applicable

federal and state law.

28. Addendum

In the event that any changes to this proposal document occur subsequent to the mailing or other

delivery of the original proposal document, the changes or corrections to this Proposal Invitation

will be made by addendum. It is the vendor’s responsibility to obtain any addenda that pertains to

this proposal.

29. Prohibition on Boycotting Israel

Pursuant to Texas Government Code Chapter 2271, if this contract is valued at $100,000 or more

and if the Vendor has at least ten (10) full time employees, then the Vendor, by its execution of this

proposal represents and warrants to the District that the Vendor does not boycott Israel and will not

boycott Israel during the term of this Agreement. This section does not apply to a sole

proprietorship.

NOTE: On April 25, 2019, the U.S. District Court for the Western District of Texas entered a

preliminary injunction enjoining the enforcement of the then-current version of Texas Government

Code Chapter 2271 in any state contract. After the date of the injunction, Chapter 2271 was

amended to narrow its applicability and the new statutory requirement is as stated above. As the

amended statute may not cure the entire breadth of issues addressed by the injunction, the District

does not intend to seek enforcement of this this statute until further order of the Court which issued

the injunction or higher court having jurisdiction over the issue.

30. Proposal Acknowledgement

The undersigned authorized representative of the proposing company indicated below hereby

acknowledges:

1) That he/she is authorized to enter into contractual relationships on behalf of the proposing

company indicated below; and,

2) That he/she has carefully examined this Proposal Notice, the accompanying Proposal

Forms (whether in printed or electronic form), and the General Terms and Conditions and

Item Specifications associated with this Proposal Invitation; and,

3) That he/she proposes to supply any products or services submitted under this Proposal

Invitation at the prices quoted and in strict compliance with the General Terms and

Conditions, and Item Specifications associated with this Proposal Invitation, unless any

exceptions are noted in writing with this proposal response; and,

4) That if any part of this proposal is accepted, he/she will furnish all products or services

awarded under this proposal at the prices quoted and in strict compliance with the General

of 27

Terms and Conditions, and Item Specifications associated with this Proposal Invitation,

unless any exceptions are noted in writing with this proposal response; and,

5) That any and all exceptions to the General Terms or Conditions of this proposal have been

noted in writing in this proposal response and that no other exceptions to the General Terms

or Conditions will be claimed.

of 27

RETURN THIS DOCUMENT IN SEALED PROPOSAL

PACKAGE

Date:

Company Name:

Authorized Representative’s Printed Name:

Authorized Representative’s Title: ______

Address:

City/State/Zip:

Business Telephone Number: Fax:

Order Telephone Number:

Tax Identification # or Payee ID#

of 27

31. Insurance Specifications

Copies of the successful vendor’s liability insurance and workman’s compensation

certificates will be required. This certificate does not amend, extend, or alter the coverage

afforded by the policies below:

INSURANCE REQUIREMENTS: LIMITS:

a) General Liability General Aggregate $1,000,000

Products-Com/or Aggregate $1,000,000

Commercial General Liability Personal & Adv. Injury $1,000,000

Claims Made Occur Each Occurrence $1,000,000

Owners Contractor’s Prot. Fire Damage (Any one fire) $ 50,000

Med. Expense (Any one per.) $ 5,000

b) Automobile Liability Combines Single Limit $1,000,000

Any Auto Bodily Injury, Sickness, Death

All Owned Autos (per person)

Scheduled Autos Bodily Injury, Sickness, Death

Hired Autos (per accident)

Non-Owned Autos Property Damage

Garage Liability

c) Umbrella Form - Excess Liability

State the limits that your company carries: $_______________

d) Workers Compensation Statutory

And Each Accident $1,000,000

Employer’s Liability Disease-Policy Limit $1,000,000

Disease-Each Employee $1,000,000

The insurance requirements above also apply to any sub-contractor(s) in the event that any

work is subcontracted. The Vendor is responsible to insure that the sub-contractor(s) meets the

minimum insurance for the above insurance requirements.

All policies shall be endorsed to provide that underwriters and insurance companies of vendor

shall not have any right to subrogation against Fairfield ISD and all subsidiaries, agents,

employers, invitees, servants, subcontractors, insurers, underwriters, and such other parties as

Fairfield ISD may designate.

Vendor shall furnish certificate of insurance evidencing the insurance required hereunder and

upon request, shall furnish true copies of the actual policies. Each certificate shall provide that

thirty (30) days prior written notice shall be given to the Fairfield Independent School District

in the event of cancellation or material change in the policies occurs.

All policies shall be endorsed to provide that there will be no recourse against Fairfield ISD

for payment of premium.

of 27

These insurance provisions in no way affect the liability of vendor as stated elsewhere in this

Contract.

The select proposer will be required to supply an insurance certificate naming Fairfield ISD as

an additional insured.

With your submission, please provide a copy of the certificate of insurance for the following:

a) Workers’ compensation insurance as required by state and local jurisdictions;

b) Employer’s Liability;

c) Commercial General Liability;

d) Business Auto Liability; and

e) Product Liability.

of 27

32. Felony Conviction Notification State of Texas Legislative Senate Bill No.1, Section 44.034, Notification of Criminal History,

Subsection (a), states “a person or business entity that enters into a contract with a school District

must give advance notice to the District if the person or as owner or operator of the business entity

has been convicted of a felony. The notice must include a general description of the conduct

resulting in the conviction of a felony.” Subsection (b) states “a school District may terminate a

contract with a person or business entity if the District determines that the person or business entity

failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the

conviction. The District must compensate the person or business entity for services performed

before the termination of the contract.”

THIS NOTICE IS NOT REQUIRED OF A PUBLICLY-HELD CORPORATION

I the undersigned agent for the firm named below, certify that the information concerning

notification of felony convictions has been reviewed by me and the following information furnished

is true to the best of my knowledge.

VENDOR’S NAME

AUTHORIZED COMPANY OFFICIAL’S NAME (PRINTED):

A. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable.

Signature of Company Official:

B. My firm is not owned or operated by anyone who has been convicted of a felony:


C. My firm is owned or operated by the following individual(s) who has/have been convicted of

a felony:

Name of Felon(s):

Details of Conviction(s):


Vendor is responsible for the performance of the persons, employees and/or subcontractors. Vendor

assigns to provide services for the Fairfield ISD pursuant to this Contract on any and all Fairfield

ISD campuses or facilities. Vendor will not assign individuals to provide services at a Fairfield ISD

campus or facility who have a history of violent, unacceptable, or grossly negligent behavior or

who have a felony conviction, without the prior written consent of Fairfield ISD’s Superintendent.

Prior to supplying labor services under this Contract, Vendor shall provide a list identifying the

individuals, employees and subcontractors that may be assigned to Fairfield ISD along with a letter

signed by an appropriate officer of Vendor that affirms compliance with this provision. Vendor

of 27

will revise such letter each time there is a change in Vendor’s personnel assigned to a Fairfield ISD

campus or facility, but in any case, annually on the anniversary date of this Contract, if applicable.

Vendor shall comply with all applicable requirements of Texas Education Code Section 22.0834

related to criminal history record information and background checks.

of 27

33. Non-Collusion Statement

The undersigned Proposer, by signing and executing this proposal, certifies and represents to the

Fairfield Independent School District that Proposer has not offered, conferred or agreed to confer

any pecuniary benefit, as defined by Section 1.07(a)(6) of the Texas Penal Code, or any other thing

of value, as consideration for the receipt of information or any special treatment or advantage

relating to this proposal;

The Proposer also certifies and represents that Proposer has not offered, conferred or agreed to

confer any pecuniary benefit or other things of value as consideration for the recipient’s decision,

opinion, recommendation, vote or other exercise of discretion concerning this proposal;

The Proposer certifies and represents that Proposer has neither coerced nor attempted to influence

the exercise of discretion by any officer, trustee, agent or employee of the Fairfield Independent

School District concerning this proposal on the basis of any consideration not authorized by law;

The Proposer also certifies and represents that Proposer has not received any information not

available to other proposers so as to give the undersigned an advantage with respect to this proposal;

The Proposer further certifies and represents that Proposer has not violated any state, federal or

local law, regulation or ordinance relating to bribery, improper influence, collusion or the like and

that Proposer will not in the future, offer, confer, or agree to confer any pecuniary benefit or other

thing of value of any officer, trustee, agent or employee of the Fairfield Independent School District

in return for the person having exercised the person’s official discretion, power or duty with respect

to this proposal;

The Proposer certifies and represents that it has not now and will not in the future offer, confer, or

agree to confer a pecuniary benefit or other thing of value to any office, trustee, agent or employee

of the Fairfield Independent School District in connection with information regarding this proposal,

the submission of this proposal, the award of this proposal or the performance, delivery or sale

pursuant to this proposal;

The Proposer certifies that the Proposer has not prepared this proposal and will not prepare any

future proposals arising from this Request for Proposal (RFP) in collusion with any other

respondent, and that the content of any future proposals arising out of this RFP will not be

communicated by the undersigned nor by any employee or agent to any other person engaged in

this type of business prior to the District’s selection of a Vendor for this RFP.

Company Name:

Address:

City/State/Zip:

Typed Name of Representative(s):

Signature of Representative(s):

Date:

of 27

34. DEBARMENT OR SUSPENSION CERTIFICATION FORM

Non-Federal entities are prohibited from contracting with or making sub-awards under covered

transaction to parties that are suspended or debarred or whose principals are suspended or debarred.

Covered transactions include procurement of goods or services equal to or in excess of One

Hundred Thousand Dollars ($100,000). Vendors receiving individual awards of One Hundred

Thousand Dollars ($100,000) or more and all sub-recipients must certify that the organizations and

its principals are not suspended or debarred.

By submitting this offer and signing this certificate, this proposer:

♦ Certifies that no suspension or debarment is in place, which would preclude receiving a

federally funded contract under the Federal OMB, A-102, Common Rule (§_.36).

Vendor Name:

Vendor Address:

Vendor Telephone:

Authorized Company Official’s Name:

(printed)


Date:

of 27

35. DEVIATION/COMPLIANCE FORM

Vendor Name:

Vendor Address:

Vendor Telephone:


(printed)


Date:

If the proposer intends to deviate from the General Conditions Standard Terms and Conditions or

Item Specifications listed in this proposal invitation, all such deviations must be listed on this page,

with complete and detailed conditions and information included or attached. The District will

consider any deviations in its proposal award decisions, and the District reserves the right to accept

or reject any proposal based upon any deviations indicated below or in any attachments or

inclusions.

In the absence of any deviation entry on this form, the proposer assures the District of their full

compliance with the Standard Terms and Conditions, Item Specifications, and all other information

contained in this Proposal Invitation.

_____ No Deviation

_____ Yes Deviations

If yes is checked, please list below.

of 27

36. NO PROPOSAL NOTIFICATION FORM

Vendor Name:

Vendor Address:

Vendor Telephone:


(printed)


Date:

Fairfield Independent School District is interested in receiving competitive pricing on all items

proposal. We also desire to keep your firm as a proposer and supplier of goods and services.

Therefore, it is important for us to determine why you are not proposing on this item. We will

analyze your input carefully and try to determine if future changes are needed in our specifications

and/or procedures.

I did not proposal for the following reason: (PLEASE CHECK ONE OF THE LISTED REASONS)

________ Do not supply the requested product

________ Quantities offered are too small or too large to be supplied by my company.

(please circle one of the underlined)

________ Specifications are “too tight” or written around a particular product.

(Please elaborate on this item)

________ Cannot propose against manufacturer or jobber on this item.

(please circle one of the underlined)

________ Time frame for proposing was too short for my organization.

________ Not awarded a contract by FISD when you felt you were low proposer.

________ Other

Please indicate your choice for remaining on Fairfield ISD’s proposal list.

______ I wish to remain on proposal list. ______ I do not wish to remain on proposal list.

of 27

37. Conflict of Interest

Please fill out the Conflict of Interest Form located on the Texas Ethics Commission’s website at:

https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf

38. References (Required only if you have not done business with the District in the past year)

Please list three (3) references, school or companies, that you have provided services.

a) Reference 1:

School District/Company:

Contact Name:

Address:

Telephone Number:

b) Reference 2:


Contact Name:

Address:

Telephone Number:

c) Reference 3:


Contact Name:

Address:

Telephone Number:

https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf

of 27

II. Requirements

39. Vending Machine Requirements

Vending machines shall be new and/or be of good working order. Drink machines must have a

minimum of eight (8) selection bars per machine. All vending machines MUST have timers so

that FISD can abide by the laws governing these machines. Machines will also need to be de-

lamped to save energy. FISD will place signs on the machines “I’m dark, but still work.”

Vending Machines must accept any combination of nickels, dimes, quarters, dollar bills and

debit/smart cards. All vending equipment shall be heavy-duty commercial models from a nationally

known manufacturer. All machines shall be equipped with a recording counter or meter to provide

a record and check of individual sales against cash received. The vendor is responsible for obtaining

and keeping up to date all licenses and permits required by Federal, State, County or Municipal

agencies; and to abide by such agencies’ laws, rules, regulations governing the facilities of the

District and any food services therein.

All electrically operated vending equipment shall be equipped so as to provide thermal overload

protection and shall comply with applicable electrical standards and specifications. All electrically

operated equipment shall bear the seal of approval of the Underwriters Laboratory Incorporated.

The District will provide, free to the vendor, all electrical power, water and utilities necessary for

their operation.

It shall be agreed upon mutually that the removal, replacement or renovation of machines shall

occur with the full knowledge of both the vendor and the District.

All vending machines must be in place prior to August 1, 2020.

The Vendor shall provide all required equipment at no cost to Fairfield ISD. Required equipment

shall be mutually agreed upon between the District and the Vendor. The Vendor shall retain title to

such equipment. Upon termination of the contract, the District will release equipment to the

Vendor.

The Fairfield Independent School District will assume no liability for damage to the equipment

from fire, theft, vandalism, or other causes. The District will use reasonable precaution to protect

the Vendor’s equipment. If any type of equipment provided by the Vendor will not fit into existing

areas, any modifications (i.e. new counters, etc.) shall be rendered at the Vendor’s expense.

Proposed renovations must be approved in writing, in advance by the District.

40. Product Requirement

The Vendor shall offer a diverse selection of products. Products to be included (but is not limited

to):

Carbonated beverages, including low calorie beverages with up to 10 calories per 8 ounces

bottled, canned and fountain;

100% fruit juice products with no added sweeteners and up to 120 calories per 8 ounce;

Light juices with no more than 66 calories per 8 ounces;

Sport drinks with no more than 66 calories per 8 ounces;

Bottled waters; and

Other beverage products as offered.

of 27

Products provided by the Vendor shall be in accordance with the guidelines provided above and

must not conflict with U.S. Department of Agriculture competitive food regulations for all items

sold in competition with National School Lunch and Breakfast Programs as well as current Fairfield

ISD Board Policies pertaining to the cafeteria operations. The portion size, prices, and selection of

products will be in compliance with all State and Federal Nutritional Guidelines. (go to

www.squaremeals.org)

All items stocked in the vending machines must be fresh items. No out of date items will be

accepted. The vendor will fully reimburse the District for all items found to be out of date,

contaminated, or of unsatisfactory quality. All machines will be kept free of all bugs, insects, and

contaminates by the successful vendor. Vending products inventory, quantity, quality, and

freshness will be guaranteed by the vendor.

Upon mutual agreement between FISD and the Vendor, a specific product mix will be implemented

at the start of the contract. However, new products are encouraged through the term of the contract

upon the approval of FISD.

41. Pricing

During the course of this contract, it may be necessary to adjust selling prices. This can be

accomplished with the written consent of both parties and not more frequently than bi-annually.

Any requests to increase prices must be made in writing, with thirty (30) days’ notice; price

increases must be justified in writing indicating raw material and/or labor costs. Commissions (or

rates of commission) shall remain the same (or increase) throughout the course of this agreement.

FISD shall require supporting documentation that the Vendor’s cost of the affected item has

increased.

42. Commission Payments

Payments must be paid to the Administration building by the tenth (10th) of each month. The vendor

will provide a detailed report of monthly sales to the business office. Electronic payments are

preferred.

43. Financial Matters and Records

The vendor will maintain cash, revenue, and expense records in accordance with general accounting

principles during the term of the contract. The District shall have access to the records to perform

audits during this period and for a period of one (1) year after the termination of the contract.

The vendor will provide any special accounting reports as may be required from time to time by

the District.

44. Maintenance, Servicing and Repair

The Vendor will maintain and service all beverage vending equipment on a frequent and continuous

basis. Each vending machine shall be serviced or restocked as necessary to maintain an adequate

supply of fresh product and/or when approximately fifty percent (50%) of its inventory has been

sold. The vendor shall be responsible for providing and maintaining machines in a clean, sanitary,

and good operating condition, providing prompt and proper repair of all machines, keeping them

stocked with product at all times. The machine and machine areas will be inspected periodically by

the District to ensure their cleanliness.

Response for maintenance should be within four (4) working hours of the call. Working hours are

from 8:00 a.m. until 5:00 p.m. Monday through Friday, excluding District holidays.

http://www.squaremeals.org/

of 27

Vendor’s authorized representative(s) shall be granted reasonable access to facilities where its

vending machines are located for maintenance, service, or removal of such equipment.

All machines must have change and have adequate escrow for the day’s business. The successful

vendor will provide all service for the machines, including, but not limited to, filling, repairing,

cleaning, removal of money, counting of money and returning the commission check to the school.

Prompt service for vending equipment will be required.

The machines will be kept clean, repaired and neat in appearance at all times by the vendor.

45. Security

It is desired that all employees who handle/collect cash while on C.I.S.D. premises be bonded.

All delivery will need to check in with the campus office prior to restocking or maintenance of

equipment.

Vendor will be responsible for the security of the machines. No keys will be kept at the building

site.

Any equipment that repetitively malfunctions during the contract period shall be removed and

replaced with new equipment.

46. Placement

The locations of machines will be a specified by the Principal/Director. The machines will be

delivered on an assigned schedule to be approved by the Business and Finance Director.

47. Delivery Times

Delivery times are from 8:00 AM until 4:00 PM, Monday through Friday.

48. Scope of Proposal Specifications

Participation by the Vendor as a corporate sponsor of Fairfield ISD is a key component of the

procurement process. The Vendor shall express, in exact dollar figures, the amount of sponsor

support it would be willing to spend with the District on an annual basis over the length of the

contract.

Proposals should be as thorough and detailed as possible so that the Fairfield Independent School

District may properly evaluate your capabilities to provide the required goods/services.

The District currently has seven vending machines across 4 campuses/district.

of 27

Vendors are required to submit the following:

Staff assigned to the contract to include: Account Manager, Route support, On-Call

Repair/Maintenance support, Customer support availability;

Narrative description of the services, programs, etc. offered. Include a detailed and

complete assessment of the products and services to be furnished;

Describe accounting, sales reporting, route collection, security, housekeeping,

maintenance and all other appropriate services to be furnished. The Vendor shall provide,

on a monthly basis, unit sales reports by sales site, i.e. vending location, athletic events,

cash operation, board units, etc. Commission checks must be received monthly;

Pricing Schedule: provide a list of prices for the following, listing the commission per case.

(**Example provided)

1. Bottled Water $_________________** $_________________**

2. Premix

3. Cups

4. Juice

5. Isotonic Drinks

Estimated Commission Per Year: $

List Beverage Product Vending Guaranteed Commission; and

List Sponsorship Commitment by Year.

$____________________ Year 1

$____________________ Year 2

$____________________ Year 3

Total Sponsorship Commitment: $____________________

List Product Donations Per Campus

fairfield independent school district invitation for … › scschoolfiles › 743 › ... · this...

Documents