institutional commodity services warehouse and transportation … · 2019-09-19 · negotiations...

Institutional Commodity Services Warehouse and Transportation

Request for Proposal

ICS Food Service January 2019 of 15

SECTION ONE - INTRODUCTION AND INSTRUCTIONS

1.0 Purpose of the RFP

Institutional Commodity Services (ICS) is soliciting proposals for the selection of a commercial distributor/contractor for warehousing and transportation of USDA and other foods to schools, throughout New York City and Westchester County New York.

The RFP is directed toward commercial distributors/contractors who currently have adequate, available and identifiable facilities and equipment to manage, store and deliver volumes of refrigerated, frozen and dry food items. The Contract will be for a period of three (3) years with the potential of 2 one year extensions.

1.1 Contact Person, Telephone, E-mail

The ICS Food Service Operations Manager, Christopher Harris, is the point of contact for this RFP. All vendor communications regarding this RFP MUST be directed to the Food Service Operations Manager.

Contact Information:

Institutional Commodity Services (ICS) Christopher Harris 1011 1St Ave, 16th Floor New York, NY 10022 [email protected]

1.2 RFP Schedule

This RFP Schedule represents ICS’s best estimate of the schedule that will be followed for this RFP. If a component of this schedule, such as the deadline for receipt of proposals, is delayed, the rest of the schedule will be shifted by the same number of days.

The approximate RFP schedule is as follows:

RFP Issued – January 22, 2018

Pre- Proposal Meetings – February 1st and 15th, 2018, 10:00 a.m. at Institutional Commodity Services Offices Conference Room # 921

Deadline for receipt of questions related to the RFP – February 19th, 2018

Response to RFP questions and amendments if required – February 22nd, 2018

Proposal Due Date – February 28, 2018, 3:00 p.m.




1.3 Submission and Receipt of Proposal

Sealed proposals must be received by Institutional Community Services, Attn: Christopher Harris, Food Service Operations Manager at 1011 1St Ave, 16th Floor, New York, NY 10022 no later than 3:00 p.m. February 28th, 2018.

ICS assumes no responsibility for delays caused by any delivery service. Postmarking by the due date will not substitute for actual proposal receipt. A proposer’s failure to submit its proposal prior to the deadline will cause the proposal to be rejected. Late proposals or amendments will not be opened or accepted for evaluation.

1.4 Deadline for Receipt of Questions

Proposers must carefully review this solicitation, the contract including the indemnification and insurance provisions and all attachments for defects, questionable or objectionable material. All questions must be in writing and directed to Christopher Harris, and cite the RFP name. ICS MUST receive these written requests by the deadline specified in the RFP Schedule to allow issuance of any necessary amendments. If no deadline is specified, questions or objections must be received at least 9 days prior to solicitation closing.

This will also help prevent the opening of a defective solicitation. Protests based on the content of the solicitation will be disallowed if these faults have not been brought to the attention of ICS in writing, before the time indicated in the RFP Schedule.

1.5 Pre-proposal Conference

Two Pre-proposal meetings will be held at the dates and location below:

February 1st, 2018 – 10:00 a.m. - ICS, 1011 1st Ave., 16th Floor, New York, NY 10022. Conference Room #921

February 15th, 2018 – 10:00 a.m. - ICS, 1011 1st Ave., 16th Floor, New York, NY 10022 Conference Room #921

Proposers are advised to carefully review the RFP and all attachments and submit all questions to the procurement officer by the deadline indicated for submission of questions in the RFP Schedule.

1.6 Proposal Responses This Request for Proposal (RFP) does not necessarily contain all of terms of the contract to be awarded. At the conclusion of the proposal evaluating process, ICS shall identify the respondent or respondents appearing to best suit the needs and expectations of ICS for formal contract negotiations, which may include adjustments to the illustrative “Scope of Work”. In the event a contract cannot be negotiated with the respondent or respondents chosen by ICS, ICS may pursue negotiations with the Contactor or Contractors that ICS determines are the next most qualified. In no event does the RFP commit ICS to award any contract to any respondent. As this RFP is not competitive bid, ICS retains the right to negotiate the price and other terms of the contract with the respondents identified and chosen by ICS. ICS will review all proposals to determine responsiveness; any proposal that does not address all requested requirements, or is incomplete, may be rejected. However, ICS is willing to accept alternative proposals. ICS will entertain proposals for warehousing and transportation separately.




All proposals should be submitted in the format described in this RFP. ICS retains the option to take a maximum of ninety (90) days from the opening of the sealed proposals to identify the “winning” respondent, and no proposals may be withdrawn prior to ICS’s decision. All Proposals will be offers to supply the services set forth in the specifications, and made part of this RFP.

1.7 USDA and other Non-Discrimination Statement

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA and other) civil rights regulations and policies, the USDA and other, its Agencies, offices, and employees, and institutions participating in or administering USDA and other programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA and other (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA and other’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA and other through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA and other Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.USDA and other.gov/complaint_filing_cust.html and at any USDA and other office or write a letter addressed to USDA and other and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA and other by:

1. Mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410;

2. Fax: (202) 690-7442; or

3. Email: program.intake@USDA and other.gov.

USDA and other is an equal opportunity provider, employer, and lender.

1.8 Non-Collusion

Each vendor submitting a proposal must declare that the proposal was made without any connection with any other person or entity making a proposal for the same services, that it is in all respects fair and without collusion or fraud and that no person acting for or employed by ICS is directly or indirectly interested in the bid or in the services to which it relates, or in any portion of the profits therefrom, in the form attached.

mailto:[email protected]




1.9 Hold Harmless

The proposer agrees that if awarded an order under these specifications, they will indemnify and hold harmless ICS from all suits and action of every nature brought against them or any of them growing out of any order or orders, written or verbal, entered into between ICS and the bidder.

2.0 Required Federal Provisions

Contractors are required to follow the following federal provisions and provide certificates/affidavits where requested:

• Section 306 of the Clean Air Act – must provide documentation o https://www.epa.gov/compliance/clean-air-act-caa-compliance-monitoring

• Section 2089 of the Clean Water Act – must provide documentation o https://www.epa.gov/section608/section-608-technician-certification-0

• Anti-Lobbying Act Certificate - Attached • Americans with Disabilities Act • Drug-Free Workplace Requirements • Non-Collusion Affidavit - Attached • Hold Harmless Sample Agreement to be signed by awarded vendor - Attached • Appropriate Insurance Certificate

SECTION TWO - BACKGROUND INFORMATION

2.1 Background Information

Background information concerning this project is as follows:

ICS is responsible for the warehousing and transporting USDA and other foods in New York for fifty-seven schools. Programs for the new contract period will include:

• National School Lunch Program • National School Breakfast Program • Summer Food Service Program • Fresh Fruit and Vegetable Program • Afterschool Snack Program • Universal Pre-K Program

SECTION THREE - SCOPE OF WORK

3.0 SCOPE OF WORK

Contractor will receive direct shipments from USDA and other vendors for dry, refrigerated or frozen food items and will be responsible to ICS for proper management, storage and distribution of USDA and other foods. The attached Excel spreadsheet shows distribution locations, days and times of deliveries; along with the approximate number of incoming monthly warehouse deliveries and storage needs. Note tabs at the bottom of spreadsheet.

https://www.epa.gov/compliance/clean-air-act-caa-compliance-monitoring

https://www.epa.gov/section608/section-608-technician-certification-0




A. Overview

ICS is soliciting proposals from commercial distributors/contractors to manage, warehouse and transport USDA AND OTHER Foods within the State of New York. The successful Contractor MUST be able to:

1. Manage volumes of refrigerated, frozen and dry food items; 2. Protect all food items against the elements, infestation and theft; 3. Have temperature controlled areas for perishable foods; and 4. Have a delivery area that can be accessed by carriers delivering USDA and other foods.

ICS will conduct an on-site visit to the top scoring proposal received to evaluate the vendor’s capacity to perform the Contract. Final determination for award will be based on the on-site inspection with final points awarded. Vendors submitting proposals must agree, at risk of being found non-responsive and having its proposal rejected, to provide ICS reasonable access to relevant portions of its work sites.

After the on-site evaluation of the proposing vendor’s facilities by the evaluation team, final award will be determined. If ICS’s evaluation of the facility is not acceptable based on submitted proposal information and requirements, ICS reserves the right to reject the vendor’s proposal and move to the next highest scored proposal. ICS’s decision is final. ICS will conduct the on-site inspection(s) at their own expense.

ICS reserves the right to award one contract for both warehousing and transportation, or separate contracts if applicable.

ICS reserves the right to reject any and all proposal for reason.

B. Days of Operation

The selected Contractor MUST have regular business between the hours 6:00 a.m. and 5:00 p.m. Monday through Friday. In addition, the selected Contractor MUST have delivery receiving hours between the hours 3:00 a.m. and 11:00 am. Monday through Saturday. Deliveries may not be made on the following designated holidays: New Year's Day, Martin Luther King Day, President's Day, Good Friday, Memorial Day, July 4th, Labor Day, Veteran's Day, Thanksgiving, and Christmas Day. A sample school Calendar is attached.

Delivery hours are scheduled according to the attached school listing Monday through Friday, unless otherwise arranged with and agreed to by the recipient.

C. Contractor-Furnished Property

Contractors shall have:

• Food storage facilities and equipment adequate to warehouse and deliver volumes of foods (dry, frozen and refrigerated);

• Have facilities available to receive and handle all USDA and other foods within 360 square miles of ICS New York City locals and Westchester County

• Preference will be given to a distributor who can demonstrate the ability to store and transport USDA and other Foods from one location; and

• Facility MUST meet all food safety regulations.




D. Estimated Volume

ICS makes no guarantee of the actual amounts of USDA and other foods to be warehoused and transported. All quantities are estimates based on prior years’ experience. Actual quantities are contingent upon the availability of USDA and other Foods. Notwithstanding any other provisions of the contract, if funds or USDA and other Foods anticipated at any time are not forthcoming, ICS shall have the right to terminate the contract without penalty.

An approximate volume of distributed USDA and other food schedule from contract year 2018 is attached.

3.1 WAREHOUSING

There are four types of storage requirements that require proper protection of USDA and other foods and products:

1. Dry, 2. Refrigerated 3. Frozen 4. Chemicals

Contractor shall assure that the storage facilities have obtained all required Federal, State and/or local health inspections and/or approvals; and such inspection/approvals are current. The successful Contractor MUST provide a warehouse facility in an area accessible by large commercial carriers and MUST have adequate bay space and staging areas.

A. Storage Facility Requirements

1. Dry Storage Areas The majority of USDA and other foods can be adequately warehoused in dry storage areas. Canned fruits and vegetables, cereal, rice and flour are some of the USDA and other foods requiring dry storage. Required Dry Storage Temperature ranges from 50° to 70° F. Contractor MUST identify the total number of square footage available for dry storage and explain the process for rotation of USDA and other foods.

2. Refrigerated Storage Areas Some USDA and other foods, such as cheese, fresh cut produce and spreadable butter, require refrigerated storage. Required Refrigerated Storage Temperature ranges from 34° to 40° F. Contractor MUST identify the total number of square feet available for refrigerated storage; explain how Contractor would complete daily checks on refrigerated USDA and other foods; and describe the process for stock rotation of refrigerated and other foods.

3. Freezer Storage Areas Several and other foods require freezer storage. Frozen meats, poultry and vegetables are the most common USDA and other foods that will require freezer storage. ICS also purchases processed foods like precooked beef products (patties and meatballs) and breaded chicken products (nuggets and patties) that require freezer storage. Required Frozen Storage Temperature ranges from 0° F or below. Contractor MUST provide the total number of square feet available for frozen storage; explain how they will complete daily checks on frozen USDA and other foods; and describe the process for rotation of frozen USDA and other foods.




4. Temperature Controls Wherever USDA and other Foods are stored, reliable thermometers MUST be in place to assure that proper temperatures are maintained. Temperature readings MUST be taken and recorded daily both outside and inside refrigerated and freezer storage; and more often if there is difficulty in maintaining the desired temperature. All cold storage areas MUST be equipped with an alarm system that activates when temperatures go above the maximum allowable temperature. The Contractor shall be responsible for maintaining quality product, stored through proper rotation and maintenance of designed temperatures. The contractor must provide a description of the alarm system in the cold storage areas (refrigerator and freezer) and how it operates.

B. Truck and Delivery Access (Staging) and Receiving USDA and other Food Procedure 1. Staging area and bay space

The Contractor MUST have adequate bay space and staging area to be able to receive and transport USDA and other foods, and MUST provide a complete description of their bay space and staging area including:

• The number of bays • Number of trucks able to unload at one time • Door height • Grade of bay area (steep, slope, level) • Surface of bay area (gravel, cement, blacktop) • Drainage

2. Receiving Procedures

The Contractor shall inspect received merchandise for visible damage and enter the warehouse receiving information in the inventory system within 24 hours of receipt of product. Damaged products MUST be accepted into the warehouse and reported immediately to ICS’s contract administrator. Products from USDA and other vendors damaged in shipment to the warehouse, MUST be reported to ICS prior to unloading. The Contractor MUST accept the damaged product(s); and record any damaged product on all incoming paper work including on the Bill of Lading, which is signed for by the carrier. Damaged product from each shipment MUST be accumulated and labeled with a delivery date and any identifying shipment information.

Contractors MUST provide a brief narrative describing the process for USDA and other food shipments received into the warehouse, which shall be done within 24 hours following receipt of product. Documentation into the system must also include information for the recovery and recoupment procedures for damaged USDA and other foods including information for managing the recovery area and product disposal area.

C. Facility Standards Every practical precaution must be taken by the Contractor to ensure that product will be warehoused according to USDA and other guidelines. ICS’s personnel and/or authorized USDA and other personnel have the right to inspect storage and sanitation procedures on a periodic basis, without prior notice.




The Contractor will maintain the storage facility according to the standards specified in USDA and other Section 250.14(b) as detailed below:

• Are sanitary and free from rodent, bird, insect and other animal infestation; • Safeguard against theft, spoilage and other loss; • Maintain foods at proper storage temperatures; • Stock and space foods in a manner so that USDA and other foods are readily identified; • Store USDA and other foods off floor in a manner to allow for adequate ventilation; and • Take other protective measures as may be necessary. • An Integrated Pest Management System in place

The Contractor MUST be able to provide evidence that USDA and other foods shall be clearly identified as per Section 250.14(d)(2). Contractor MUST also provide assurance that an inventory system shall be maintained and an annual physical inventory will be conducted, and reconciled with the inventory records as per Section 250.14 (d)(4).

The Contractor shall maintain an inventory system and will conduct an annual physical inventory, along with ICS and reconcile with inventory records maintained by ICS. The contractor MUST describe in the proposal procedures for safeguards against theft, spoilage and other loss; removal of damaged products from good product storage areas; daily cleaning of floors to assure they are all free from dust and dirt for all USDA and other foods; pest control (commercial and/or self-application) including commercial pest control service contract for this purpose (if applicable) and the self-application pest control process that is in place (if applicable). USDA and other foods must be stored in such a way to allow air circulation in the warehouse. Good ventilation retards growth of bacteria and molds, prevents mustiness and rusting of metal containers, and minimizes caking of powered foods. Maximum air circulation can be achieved by the following storage methods:

• All food MUST be stacked off the floor on pallets or dunnage • All food MUST not be stored higher than 14 feet high (3 pallets) unless racking is available • All food MUST be stacked at least 18” from any walls and at least 2 feet from the ceiling • All stacks of food MUST be separated by at least 6 inches

The Contractor shall provide the age and square footage of the warehouse that will be used for storing USDA and other foods, the condition of the building, flooring and restroom (include rest room square footage) and the type of building construction (steel, concrete, wood, other) the warehouse is made from. The Contractor MUST also describe the warehouse building heating and ventilating system, including the temperature control system; heat and air condition; exhaust system; and location and type of thermometers for day, refrigerated and freezer areas. The Contractor MUST provide evidence that the warehouse complies with local codes, current health and fire inspections and/or approvals that the storage facility has obtained federal, state and/or local health and fire inspections. The Contractor MUST identify the type of sprinkler system and indicate the location of the system. In the event the Contractor is unable to store the full quantity of product, Contractor MUST agree to provide storage at another location, paying any difference in rate so incurred. Any offsite storage location MUST adhere to all requirements for storing USDA and other foods. The Contractor MUST describe their process for storing excess product in more than one location.




D. Equipment and Supply The Contractor MUST be able to provide all the necessary equipment, including but not limited to forklifts, pallets, shrink wrap, etc., needed to fulfil the requirements of the RFP. The Contractor MUST provide a complete description of all equipment and supplies necessary, but not limited to, forklifts, pallets, shrink wrap and any other equipment and supplies needed to execute the terms and conditions of the contract including:

• Number of forklifts available • Slip sheet attachment • Number of and condition of pallet jacks • Type of cleaning and maintenance equipment

E. Warehouse Floors Warehouse floors MUST be smooth and level to facilitate operation of the hand and/or mechanically powered equipment used to handle and transport food. Floors MUST be capable of supporting the maximum weight of the heaviest foods stacked floor to ceiling. Cleanliness and sanitation are essential to proper storage of USDA and other foods. F. Warehouse Windows and Doors The Contractor shall provide:

• Screens for windows and doors to prevent entry by rodents, insects and birds; • Windows that are shielded adequately to protect the food from direct sunlight; and • Strong locking devices on windows and doors to prevent theft.

G. Fire Prevention Equipment The Contractor MUST provide hand or power operated fire extinguishers to meet the minimum standards of the National Fire Protection Association (NFPA). The Contractor MUST provide a clear and detailed description of the fire and safety equipment, location of the fire extinguishers and sprinkler system (if applicable) and procedures for routine maintenance of the fire extinguishers. H. Inventory System 1. The contractor will maintain a perpetual inventory that is acceptable to ICS. If one kind of food is received in a different size container, ingredient or pack size, a separate inventory record will be maintained for each container size. The daily perpetual inventory records will include:

• USDA and other food item • Unit size • Date received • Amount received • Date withdrawn • Amount withdrawn • Purpose for withdrawal • Balance on hand




Contractor shall receipt all incoming foods into inventory system within 24 hours of product arrival at the warehouse and include the following information:

• Tracking Number • Tracking Number Type (Contract, Invoice, Purchase Order or Other) • Actual Arrival Date • Seal Number • Truck Line • Pack Date of Product • Best If Used by Date of Product • Load in Good Condition • Received Usable Quantity • Reason for Unusable Quantity

o Damaged, Short, Over, Other • Comments to report unusable quantity or any other applicable information

Contractor shall date stamp or mark in pen the date received on the containers of food as they are placed in storage. This is an effective method to ensure that the first-in, first-out (oldest stock used first) distribution procedure is followed. Food MUST not be removed from cartons until they are to be distributed. The amount of each food received and placed in storage MUST be added to the perpetual inventory records. 2. Physical Inventory ICS requires, and the contractor MUST agree, to take a physical inventory of all products owned or controlled by ICS including processed foods made from ICS owned or controlled food daily. Physical inventories may be conducted jointly by the contractor and ICS upon completion of shipping for the month and reconciled to the perpetual inventory. A physical inventory of all products will be conducted jointly by the Contractor and ICS at the end of the fiscal year. The Contractor MUST provide an acceptable process for a physical inventory. Within five (5) working days after the annual inventory is taken by ICS and the Contractor, ICS will provide the Contractor with a final inventory along with any damages, overages and/or shortages. After the inventory is reconciled and agreed upon by both parties, ICS will invoice the Contractor the amount of any shortage. The verbal report will be confirmed in a letter from ICS indicating any overages, shortages, or damages found during the annual inventory count process. I. Annual Review Per USDA AND OTHER regulations, ICS will conduct an as needed warehouse review along with the end of year inventory on or around June 30. The review consists of evaluating all aspects of warehousing and transportation of USDA and other foods. ISC will contact the Contractor to schedule the warehouse review approximately 30 days prior to June 30. When the review is complete, ICS will review any findings with the Contractor. A letter will be sent to the Contractor to describe the details of the review including any findings and the appropriate corrective action. If corrective action is required, the Contractor will be asked to respond to the letter describing the corrective action necessary that they will need to make to their procedures in response to the letter from ICS.




3.2 Transportation A. Trucks The successful Contractor MUST provide the minimum number of 40+ foot temperature controlled reefer tractor trailers necessary for successful distribution of USDA and other foods. The Contractor MUST provide a description of the type of trucks used for delivery, describe the heating and cooling units and/or portable bulkheads for the transportation of combined dry, refrigerated and/or frozen USDA and other foods to prevent contamination loss or spoilage; how the temperatures are regulated for transporting dry, refrigerated and frozen products; identify the conveyor roller system or equivalent for unloading trucks on site; and the process used for identifying the accuracy of amounts of product delivered and the process for recording the amount of any damaged product caused by the Contractor. B. Subcontractors Any proposed subcontractor shall be subject to filing financial and background information as requested in this RFP for the primary Contractor and MUST be approved by ICS prior to commencing work. If the Contractor will be using a subcontractor, the Contractor MUST provide the following information:

• Identify any possible subcontractor • Describe the work to be performed by subcontractor • Provide personnel reference information of the subcontractor • Provide balance sheets for the most recent three years of the subcontractor’s operating division • Provide certification regarding debarment, suspension, ineligibility, and voluntary exclusion – lower tier

covered transactions of the subcontractor • Describe what procedures are in place to assure any subcontractor follows the same procedures outlined

in this RFP for the contractor

C. Delivery Responsibilities and Service Child Nutrition Programs

a. School USDA and other Food Programs School deliveries occur regularly from mid- August through June. In the transport system, each school is assigned a route and zone. A schedule for school deliveries containing delivery days, locations and time for each of the routes will be agreed upon by ICS and Contractor in July prior to the beginning of the school year. The Contractor will notify ICS of shortages, shipping issues and late deliveries.

ICS creates weekly orders for each school. The contractor then creates manifests for each route containing customer orders.

For example: The manifest includes signature sheets that the warehouse prints and uses when delivering the food. The last section of the manifest includes each individual customer order to leave with the school at the time of delivery. • ICS will transmit weekly orders to contractor. The contractor will view orders and print daily delivery

manifests. • The contractor will be responsible for checking the quantity, type and condition of all receipted

product against the school’s order copy of the manifest. When loading has been completed, the Contractor will be responsible for retaining the signature copy of the manifest.




The Contractor shall deliver USDA and other foods in good condition to the recipient by type and quantity listed on the customer order copy of the manifest to recipient's pre-determined location (loading dock). and will make certain that an authorized representative of the recipient agency signs the signature copy of the manifest. Delivery hours are attached unless otherwise arranged with and agreed to by the recipient in writing. The Contractor will leave the customer order copy with the recipient and fax or scan and email all signature sheets to ICS’s contract administrator. Once a route has been delivered, the Contractor will fax and/or scan and email the signature sheets to ICS to input delivery receipt information. 1. Overall Deliveries and Responsibilities The Contractor MUST stage product by warehouse manifest, which contains customer order information. All products MUST be stored and shipped on pallets and shrink-wrapped. All pallets Must be offloaded at delivery site and delivered inside to the aforementioned designated pre-determined location (loading dock). The loading dock for schools is defined as an accessible door to the delivery truck and closest to the kitchen area. All schools have different floor plans and accessible entrances allowing for the delivery of goods. The contractor will determine the loading dock for each school delivery site. The loading dock for local agencies means an accessible door to the delivery truck and to the warehouse area. All local agencies have adequate entrances into the warehouse area for the delivery of USDA and other foods. The Contractor will be responsible to notify ICS of, correct delivery and condition of USDA and other foods to schools and local agencies. The Contractor is responsible for ensuring that the manifest/customer order is correct, delivered to the appropriate location and signed by an authorized representative of the school or local agency. The Contractor MUST describe the following:

• The process of informing ICS that schools and local agencies will be notified of their deliveries and/or changes to a delivery date or time

• The process to ensure that USDA and other foods are delivered: o within the contracted delivery hours unless otherwise arranged with and agreed upon by the

contractor and the school or local agencies in writing o in good condition o to the correct school or local agency o by type and quantity listed on the manifest/customer order o to the school’s or local agency’s loading dock, receiving door or entrance closest to the kitchen

or warehouse area • The process for assuring an authorized representative of the school or local agency signs the manifest

signature sheet acknowledging that the product was delivered in good condition and note any discrepancies

3.3 EXPERIENCE AND QUALIFICAITONS A. Experience In order for the Contractor to be considered responsive, the Contractor MUST meet the minimum prior experience requirements. A Contractor’s failure to meet these minimum prior experience requirements will cause its proposal to be considered non-responsive and its proposal will be rejected.




The Contractor MUST have five (5) years minimum experience in warehousing and transportation and a minimum of three (3) years’ experience with on-line inventory management. The Contractor MUST describe in detail:

• Their experience in warehousing and transportation of food; and • Their experience with on-line inventory management

B. Organization and Employee Information Contractors MUST provide the following:

• Identify the warehouse manager; • Describe the organization of management and staff, including the number of employees and type of

employees that will be performing the work; and • Provide resumes or other information demonstrating employee backgrounds that would work with

the distribution of USDA and other foods to schools. • Employee screenings must include a review of individuals’ background through the following three

(3) services: New York State Justice Center for the Protection of Persons with Special Needs Staff Exclusion List, New York State Central Register List; and a criminal background check vendor that will conduct both a federal check and a check of all 50 states. Awardees are responsible to provide ICS with background check information. The awardee shall be responsible for the cost associated with any required background screenings.

• Availability to a site visit by ICS. C. References Contractors MUST provide a minimum of two references including name, address, phone number and email address of clients, for which you have provided similar warehousing, and transportation services within the past five years. ICS reserves the right to contact the references provided. Contractors are invited to provide letters of reference from previous clients. D. Debarment Contractors MUST certify that they are not debarred or ineligible to participate in State or Federal contracts. E. Required Licenses The Contractor MUST have appropriate authority from and comply with all rules and regulations established by the New York School Code and the New York Department of Transportation.

• Contractors MUST indicate the licenses held by them and their staff transporting USDA and other foods. F. Federal Requirements The Contractors MUST identify and comply with all Federal requirements that apply to the proposal, the evaluation and the contract. H. Financials Contractor is required to submit two years of company financials with proposal.




3.4 OFFICE SPACE and RECORDS MANAGEMENT A. Office Space The Contractor MUST be able to provide sufficient and acceptable number of square footage for office space, including restroom; and have all office equipment available to conduct the services required within the RFP (computer, internet, etc.). The Contractor MUST provide a total number of square footage for office space, including the restroom; detailed description and condition of the office area; and a detailed description of the office equipment (including internet access) available to conduct all services required in the RFP. B. Record Retention Records are to be maintained on file for a minimum of seven (7) fiscal years plus the current year. These records include: USDA AND OTHER Food orders, manifests, inventory records, all income and expenditures relative to USDA AND OTHER food distribution. The Contractor MUST describe the method used to store records and the location of the files. 3.5 CLAIMS AND DAMAGES A. Warehouse Damages Warehouse damages MUST be listed on a damage log provided by the STATE. A damage log shall be maintained daily and available for inspection. Damaged product MUST be removed from stacks as discovered and accumulated in order for ICS personnel inspection to determine disposition. The Contractor MUST provide a narrative on the method they plan to use to maintain a daily log for damaged USDA and other foods; explain the process for storing damaged product until ICS can determine disposition; and the process for identifying product disposal and notification to the STATE. Product damaged in the warehouse that can be recovered, will be recovered at the expense of the Contractor. Product that cannot be recovered MUST be hauled to the landfill at the Contractor’s expense. The dollar value of product lost through the fault of the Contractor will recorded and reconciled at the end of each fiscal year (August 31). B. Overages, Shortages or Damages in Transit The Contractor shall assume the expense for product damaged in transit to designated recipient. The Contractor is responsible for the accuracy of amounts of product delivered and for any damage of USDA and other foods in transit. If there is an overage of product after deliveries are made on the delivery route, it is to be returned to the warehouse and documented. If there is shortage or damage, the Contractor will immediately report it to ICS’s contract administrator.




SECTION FOUR - REQUIRED ADDENDA Contractor must complete, sign and submit the following documents with their proposal:

• Signed Request for Proposal Form - Attached • List of References (minimum three) • Anti-Lobbying Certificate - Attached • Vendor Service/Hold Harmless Agreement – Attached • Clean Air Certification

https://www.epa.gov/compliance/clean-air-act-caa-compliance-monitoring • Clean Water Technician Certification

https://www.epa.gov/section608/section-608-technician-certification-0 • Non-Collusion Affidavit - Attached • Current Insurance Certificate ____________ • Two Years of Company Financials ____________

Additional Attachments: Warehouse Detail

• Storage Needs • Incoming Monthly Warehouse Deliveries • Warehouse Needs

Distribution Locations (Days and Times of Deliveries) • Manhattan • Bronx • Staten Island • Westchester

Sample School Calendar

https://www.epa.gov/compliance/clean-air-act-caa-compliance-monitoring

https://www.epa.gov/section608/section-608-technician-certification-0

Institutional Commodity ServicesWarehouse Detail Locations

ICS Foord Service January 2019

Delivery Locations Total # In Westchester # In Bronx # In Manhattan # In Staten Island

Number of school locations 57 4 30 20 3

* Number of weekly deliveries (includes milk deliveries) 285 20 150 100 15

Average cases per delivery 30 25 36 32 28

School locations in separate tabs

Incoming Monthly Deliveries to Warehouse

Broadline Distrubutor 8

Produce 4

Bread 4

Commodities 1

Alternate Commodites 1

Dairy 20

Totals 38

Average # of cases per delivery

% of those cases that need to be frozen 55% 19,173

% of those cases that need to be refrigerated 17% 5880

% of cases that are self stable 28% 9,552

Total # of cases ordered in 2018 34605

* This includes five day a week milk delivery

Warehouse Needs

991

Storage Needs

Institutional Commodity Services

ICS Food Service January 2019

School RA# Delivery Day Delivery Window ADDRESSST.Brigid 5201 Monday-Wednesday 9:30AM-11:00AM 185 E 7 St 10009

ST. Charles 5262 Monday-Wednesday 9:00AM-10:30AM 214 W 142 ST 10030Corpus Christi 5242 Monday-Wednesday 8:30AM-10:00AM 535 W 121 St 10027ST Elizabeth 5241 Monday-Wednesday 8:00AM-10:30AM 612 W 187 St 10033

George Academy 5297 Monday-Wednesday 9:30AM-11:00AM 215 E 6 St 10003La Salle Academy 5297 Monday-Wednesday 8:30AM-10:00AM 215 E 6 St 10003George Jackson 5289 Monday-Wednesday 9:30AM-11:00AM 104 St. Marks Pl 10009Good Shepherd 5290 Monday-Wednesday 9:30AM-11:00AM 620 Isham St 10034Mt. Carmel/HR 5247 Monday-Wednesday 8:15AM-10:00AM 371 Pleasant Ave 10035O L Q Angels 5288 Monday-Wednesday 9:30AM-11:00AM 232 E 113 St 10029O L Q Martyrs 5249 Monday-Wednesday 8:15AM-11:00AM 71 Arden St 10040De La Salle 52103 Monday-Wednesday 9:00AM-10:30AM 332 WEST 42ND STREET

Sacred Heart 5232 Monday-Wednesday 8:30AM-10:00AM 456 W 52 St 10019ST Ann 5250 Tuesday-Thursday 8:30AM-11:00AM 314 E 110 St 10029

Ascension 5246 Tuesday-Thursday 6:45AM-8:15AM 220 W 108 St 10025Incarnation 5226 Tuesday-Thursday 9:00AM-10:30AM 570 W 175 St 10033ST.Joseph 5206 Tuesday-Thursday 9:00AM-10:30AM 420 E 87 St 10128ST Mark 5260 Tuesday-Thursday 8:30AM-10:00AM 55 W138 St 10037

O L Lourdes 5271 Tuesday-Thursday 8:00AM-10:00AM 468 W 143 St 10031ST Paul 5245 Tuesday-Thursday 8:30AM-10:00AM 114 E 118 St 10035

St Rose of Lima 5276 Tuesday-Thursday 9:00AM-10:30AM 517 W 164 St 10032

Manhattan Distrbution Locations



School RA# Delivery Day Delivery Window ADDRESSST. Benedict 5295 Monday-Wednesday 7:00AM-10:30AM 1016 Edison Ave 10465ST.Brendan 5286 Monday-Wednesday 9:30AM-11:00AM 268 E 207 St 10467

Christ the King 5215 Monday-Wednesday 8:30AM-10:00AM 1345 Grand Concourse 10452ST Helena 5296 Monday-Wednesday 7:30AM-9:00AM 2050 Benedict Ave 10462Holy Cross 5203 Monday-Wednesday 8:30AM-10:00AM 1846 Randall Ave 10473

Immaculate (151) 5238 Monday-Wednesday 8:30AM-9:30AM 378 E 151 St 10455St Joseph 5267 Monday-Wednesday 8:00AM-9:30AM 1946 Bathgate Ave 10457

Nativity 5274 Monday-Wednesday 9:30AM-11:00AM 3893 Dyre Ave 10466St.Nicholas 5254 Monday-Wednesday 9:00AM-10:30AM 2336 Andrews Ave 10468O L Grace 5269 Monday-Wednesday 9:30AM-11:00AM 3981 Bronxwood Ave 10466

Sacred Heart 5291 Monday-Wednesday 8:30AM-10:00AM 1248 Nelson Ave 10452Santa Maria 5253 Monday-Wednesday 7:30AM-10:00AM 1510 Zerega Ave 10462

St Simon Stock 5208 Monday-Wednesday 8:00AM-9:30AM 2195 Valentine Ave 10457Sacred Heart Annex 52104 Monday-Wednesday 8:30AM-10:00AM 1651 ZEREGA AVENUEST Thomas Aquinas 52102 Monday-Wednesday 9:00AM-10:30AM 1909 Daly Ave 10460

Angela Merici 5212 Tuesday-Thursday 8:00AM-10:30AM 266 E 163 St 10451ST Anselm 5225 Tuesday-Thursday 7:00AM-8:30AM 685 Tinton Ave 10455

ST.Athanasius 5211 Tuesday-Thursday 8:00AM-9:30AM 830 Southern Blvd 10459ST Clare 5221 Tuesday-Thursday 8:30AM-10:00AM 1911 Hone Ave 10461

Holy Rosary 5213 Tuesday-Thursday 9:00AM-11:00AM 1500 Arnow Ave 10469ST Ignatius 5298 Tuesday-Thursday 8:30AM-10:00AM 740 Manida St 10474

Immaculate (GH) 5266 Tuesday-Thursday 8:00AM-10:30AM 760 Gun Hill Road 10467ST John Chrysostom 5230 Tuesday-Thursday 6:30AM-10:30AM 1144 Hoe Ave 10459

St. Lucy 5261 Tuesday-Thursday 9:30AM-10:30AM 830 Mace Ave 10467ST Luke 5219 Tuesday-Thursday 7:00AM-8:30AM 608 E 139 St 10454

St.Margaret Mary 5264 Tuesday-Thursday 8:30AM-9:30AM 121 E 177 St 10453O L Mt. Carmel 52101 Tuesday-Thursday 7:00AM-8:30AM 2465 Bathgate Avenue 10458ST Philip Neri 5299 Tuesday-Thursday 8:15AM-10:30AM 3031 Grand Concourse 10468

Bronx Distrbution Locations



School RA# Delivery Day Delivery Window ADDRESSST. Adalbert 5283 Monday-Wednesday 7:00AM-8:30AM 355 Morningstar Ave 10303

St. Paul & Peter 5273 Monday-Wednesday 8:30AM-10:30AM 129 Clinton Ave 10301Holy Rosary 5224 Tuesday-Thursday 9:00AM-11:00AM 100 Jerome Ave 10305

Staten Island Distrbution Locations



WESTCHESTER RA# Delivery Day Delivery Window ADDRESSO L Victory 5223 Monday-Thursday 9:00AM-10:30AM 38 North 5th Ave Mt. Vernon 10550ST Peter 5237 Monday-Thursday 9:00AM-11:00AM 204 Hawthorne Ave Yonkers 10705

Corpus Christi 5293 Tuesday-Friday 9:30AM-11:00AM 135 South Regent St Port Chester 10573 O L Mt. Carmel 5278 Tuesday-Friday 9:30AM-10:45 AM 59 E Main St Elmsford 10523

Westchester Distrubution Locations


Address:

Email Address:

Date:

SECTION 1 - Fee

Fee

1. Duration of RFP 2019-2024 $

SECTION 2

Warehouse Rate: $ _______________

ICS Request for Proposal Form

Bidders are required to provide a rate for dry, refrigerated and frozen storage combined with unlimited dwell time.

First, that we have carefully examined the Information and General Conditions, Specifications/Scope of Services, Non-Collusion Affidavit, and Bid Form. We submit this proposal and agree to furnish and perform the specified work for the ICS for the sum and percentage increase on equipment and supplies indicated below:

Second, that the proposal is subject to all the terms of these specifications/Scope of Services and we hereby agree to furnish such materials and labor as required in these specificationsThird, as based upon the specifications/Scope of Services, the following proposal prices are listed as firm for a period of ninety (90) days after the date established for receiving bids.Fourth, General Conditions, Specifications/Scope of Services along with the signed bid form is the signed contract between the ___________________________________ and the Institutional Commodity Services ICS.

Vendors are required to provide warehousing/transportation rates for all of the RFP listed programs in the spaces below.

Warehousing and Transportation of USDA and Other Foods for Institutional Commodity Services (ICS)

Signature:

Bidder Name:

Telephone No.:

Printed Name and Title:

CERTIFICATION REGARDING LOBBYING

The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents of all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, United States Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Organization: Street address: City, State, Zip: CERTIFIED BY:

(type or print)

TITLE:

(signature) (date)

Approved by OMB

0348-0046

Disclosure of Lobbying Activities

Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352

(See reverse for public burden disclosure)

1. Type of Federal Action:

a. contract

____ b. grant

c. cooperative agreement

d. loan

e. loan guarantee

f. loan insurance

2. Status of Federal Action:

a. bid/offer/application

_____ b. initial award

c. post-award

3. Report Type:

a. initial filing

_____ b. material change

For material change only:

Year _______ quarter _______

Date of last report___________

4. Name and Address of Reporting Entity:

____ Prime _____ Subawardee

Tier______, if Known:

Congressional District, if known:

5. If Reporting Entity in No. 4 is Subawardee, Enter

Name and Address of Prime:

Congressional District, if known:

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable: __________________

8. Federal Action Number, if known: 9. Award Amount, if known:

$

10. a. Name and Address of Lobbying Registrant (if individual, last name, first name, MI):

b. Individuals Performing Services (including address if

different from No. 10a)

(last name, first name, MI):

11. Information requested through this form is

authorized by title 31 U.S.C. section 1352. This

disclosure of lobbying activities is a material

representation of fact upon which reliance was placed

by the tier above when this transaction was made or

entered into. This disclosure is required pursuant to 31

U.S.C. 1352. This information will be reported to the

Congress semi-annually and will be available for public

inspection. Any person who fails to file the required

disclosure shall be subject to a civil penalty of not less

than $10,000 and not more than $100,000 for each such

failure.

Signature: __________________________________

Print Name:_________________________________

Title:______________________________________

Telephone No.: ________________ Date: _______

Federal Use Only

Authorized for Local Reproduction

Standard Form - LLL (Rev. 7-97)

INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES

This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to

the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence

the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District,

if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in item 4 checks “Subawardee,” then enter the full name, address, city,

State and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the

full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1

(e.g., Request for Proposal (RFP) number; Invitations for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Included prefixes, e.g., “RFP-DE-90-001.”

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,

enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying

Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action.

(b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a). Enter Last Name, First Name, and Middle Initial (MI).

11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503

VENDOR SERVICE/HOLD HARMLESS CONTRACT

This agreement is made this ___ day of _____________, 20___, by and between, _____________________________________________________New York (“Customer”) and ____________________________________________________________________(“Vendor”). ARTICLE I. STATEMENT OF SERVICES Vendor shall provide and arrange for all aspects of the following service or services, including but not limited to all required vehicles, labor, materials, supplies, equipment and facilities: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________ (the “Service”). ARTICLE II. ADDITIONAL VENDOR/SUB-VENDOR: Vendor shall not enter into any agreement with any entity and/or person to perform any portion or aspect of the Service (“sub-vendor”) without first notifying Customer. Customer shall have the right to determine whether any such Sub-vendor will be permitted to perform any portion or aspect of the Service. ARTICLE III. INDEMNIFICATION: To the fullest extent permitted by law, Vendor shall defend, indemnify and hold harmless Customer and each Archdiocese, Diocese, school, partner, clergy, religious, director, officer, trustee, agent and employee thereof from and against all claims, damages, losses, and expenses, including, but not limited to, attorneys’ fees arising out of or resulting from:

i. any accident or occurrence which arises out of, or is alleged to have arisen out of, the performance of the Service provided under this Agreement and such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting therefrom;

ii. any accident or occurrence which happens, or is alleged to have happened, in or

about the place where such Service is being performed or in the vicinity thereof (a) while the Vendor is performing the Service, either directly or indirectly through an approved Sub-vendor as provided in Article II; or (b) while any of the property, vehicles, equipment or personnel of the Vendor is in or about such place or the vicinity thereof by reason of or as a result of the performance of the Service; or

iii. any accident or occurrence which happens, or is alleged to have happened, in or

about the place where such Service is being performed and/or during the performance of the Service as a result of the violation of any statutes, rules or regulations applicable to the Service including, but not limited to, violations of New York Vehicular and Traffic Laws, Labor Law and the Industrial Code.

ARTICLE IV. INSURANCE REQUIREMENTS:

i. The Vendor shall, prior commencing any portion or aspect of the Service under this Agreement, furnish Customer with Certificates of Insurance confirming the insurance coverage required during the term of the Agreement and identifying the additional insureds, and provide the Blanket Additional Insured Endorsement as required in paragraph iii below.

ii. The Vendor shall cause all insurances required by this Agreement to be in full

force and effect as of the date of this Agreement and to remain in full force and effect throughout the term of this Agreement and as further required by this Agreement. The Vendor shall not take any action, or omit to take any action that would suspend or invalidate any of the required coverages during the time period such coverages are required to be in effect.

iii. The Vendor shall obtain and maintain in full force and effect commercial general

liability insurance for bodily injury and property damage with a combined single limit of not less than $5,000,000 each occurrence. The required general liability insurance shall include a comparable limit with respect to Personal Injury and Advertising injury, and a “Blanket Additional Insured Endorsement” in favor of the Customer, using form CG 20 10 1185 or its equivalent, covering the additional insureds “as required by written contract” with respect to liability arising out of Vendor’s ongoing and completed operations.

iv. The Vendor shall obtain and maintain in full force and effect Statutory Workers

Compensation and Employers’ Liability Insurance as required by New York State or any other state to which they are required to maintain workers’ compensation and employers’ liability insurance.

v. When the Service includes hiring or chartering bus, limousine or any other

transportation services the Vendor shall obtain and maintain in full force and effect Commercial Automobile Liability Insurance for all owned, non-owned and hired autos with a combined single limit of not less than $10,000,000 per occurrence.

vi. The Vendor shall name Customer, the Archdiocese of New York and His

Eminence Timothy M. Cardinal Dolan and any party qualifying as an indemnitee hereunder as additional insureds to the general liability insurance and automobile liability insurance policies required under this Agreement.

vii. Each policy must contain an endorsement that such policy is primary and non-

contributory insurance to any other insurance available to the additional insured with respect to claims arising hereunder.

viii. Each policy must expressly state that it may not be canceled or non-renewed unless thirty (30) days’ advance notice of cancellation is given in writing to Customer by the insurance company.

ix. Prior to performing the Service contemplated by this Agreement, the Vendor shall

provide the Customer with a Certificate of Insurance verifying that the required insurance coverage, inclusive of all terms and conditions listed in paragraphs I and ix above, is in full force and effect.

ARTICLE V. COMPENSATION: Vendor shall be paid in full for the proper and timely performance of the Service in the sum of ______________________ Dollars ($___________________). Payment shall be made in whole upon completion of the Service in installments pursuant to the following schedule: _______________________________________________________________________________________________________________________________________________ ARTICLE VI. MISCELLANOUS: This Agreement is the entire agreement between the parties relating to its subject matter and supersedes all prior or contemporaneous negotiations or agreements. If there is any inconsistency between this Agreement and any other document, this Agreement shall control. No additions or changes may be made to this Agreement without the written consent of both parties. If any provision of this Agreement is as a matter of law unenforceable, then such provision shall be deemed to be deleted and this Agreement shall otherwise remain in full force and effect. Vendor’s relationship to Customer is at all times that of independent contractor and not that of employee, partner, agent or joint venturer. Vendor agrees to comply with all applicable rules, regulations, policies and procedures of Customer as they exist now and as they may be amended from time to time. Vendor shall comply, at its own cost and expense, with the provisions of all federal, state, county and municipal laws, ordinances, regulations and orders pertaining to the performance and provision of the Service under this Agreement. Both parties agree to the exclusive jurisdiction of the Courts of the State of New York or the United States District Courts within the State of New York for the resolution of any claim or action arising under this Agreement. IN WITNESS WHEREOF, this Contract has been executed this ___ day of _________________, 20__. _________________________________ ______________________________ [Customer] [Vendor]

(3/17)

NON-COLLUSION AFFIDAVIT

The undersigned bidder or agent, being duly sworn on oath, says that he/she has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to include anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. He/She further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee gift, commission or thing of value on account of such sale.

OATH AND AFFIRMATION

I HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND INFORMATION CONTAINED IN THE FOREGOING BID FOR PUBLIC WORKS ARE TRUE AND CORRECT. Dated this ___ day of ____________________, ________ _________________________________________________ (Name of Organization)

(Title of Person Signing)

(Signature)

ACKNOWLEDGEMENT

STATE OF _______________________) ) ss COUNTY OF_____________________) Before me, a Notary Public, personally appeared the above named and swore that the statements contained in the foregoing document are true and correct. Subscribed and sworn to me this _______ day of _____________, _______. ______________________________ Notary Public Signature My Commission Expires: __________________________________________________

institutional commodity services warehouse and transportation … · 2019-09-19 · negotiations...

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