4912105B Invitation to Bid Beverage Machine Contract Services

Invitation to Bid (THIS IS NOT AN ORDER) All Respondents must read and understand this request for solicitation in its entirety. There may be special instructions either in the terms and conditions or as an integral part of the solicitation document that will impact the Respondent’s ability to perform. Respondent affirms through signing this solicitation that they have read the terms, conditions, and specifications and agrees thereto and warrants that submittals supplied conform to the specifications, except if otherwise amended in writing by Central Valley School District. SPECIAL INSTRUCTIONS/INFORMATION: The Central Valley School District (CVSD) is seeking qualified vendors to establish a beverage machine contract. Proposals shall be provided to cover a five-year contract. The proposers may add additional services or provide for enhancements of contractual rights for the District but may not propose a service which is less than specified herein or limit the District’s contractual

rights below those specified herein. Serving an 80-square-mile area in Spokane's Central Valley, we strive to ensure optimal learning opportunities for more than 14,000 students attending 28 schools. We offer high quality academic and co-curricular programs for students in grades K-12, as well as a variety of learning support and highly-capable programs. This contract will result in vending services for beverages at Associated Student Bodies (ASB) middle and high school locations within the District with options to renew yearly up through the 2025/26 school year. This proposal will supersede any and all existing agreements. It is the purpose of this solicitation to contract with one vendor for all ASB beverage vending services. The Contract will provide first class, price favorable service to students with the greatest benefit to the ASB. This proposal provides an exclusive market for allowed beverages. Areas operated by our Nutrition Services Department, staff break rooms, and D.E.C.A stores are exempt from this contract and may conduct business as they desire. However, the awarded vendor will provide vending machine services for all areas within the 3 comprehensive high schools at CVSD. A detailed description of the proposed services is contained in this document. The RFP, 491-21-05-B, is available on the district’s website at www.cvsd.org under the Business Services – Purchasing – Bids – Active Bids. Shortcut: https://www.cvsd.org/apps/pages/Bids. Hand delivered bids must be dropped off prior to the listed due date and time at the District main office lobby. In order to adhere to the restriction on gatherings and the requirements of social distancing, the public bid opening will be accomplished virtually via listen-only. Those who want to attend the bid opening must email billsantiago@cvsd.org 48 hours prior to the bid due date to obtain the virtual meeting link. A bid tabulation will be made available on the Purchasing Department website once an award has been made. Central Valley School District No. 356 encourages the participation of Minority Owned and Women Owned Business Description of Bid: Central Valley School District #356 (CVSD) is soliciting Bids to establish a Beverage Machine Contract for various locations as listed within this document. Bid Number: 491-21-05-B Bid Posting Date: May 17, 2021 Bid Name: Beverage Machine Contract 2021/22 Bids Accepted Until: June 3, 2021 2:00PM Contact Person: Bill Santiago, billsantiago@cvsd.org Anticipated order Date: Service to begin September 1, 2021 Telephone Number: (509) 558-5476 Fax Number 509-558-5479 Final Award Approval Final award is anticipated to be made by CVSD Board of Directors at their June 14, 2021 meeting. This date is subject to change. https://www.cvsd.org/apps/pages/Bids mailto:billsantiago@cvsd.org mailto:billsantiago@cvsd.org BEVERAGE MACHINE CONTRACT: 2021/22, Extensions to 2025/26BID No. 491-21-05-B BID DUE BY: June 3, 2021, 2:00 P.M. Page 2 of 40 Enterprises in this invitation to bid. Questions concerning the bid should be directed to Bill Santiago, Purchasing Manager, at (509) 558-5476. This solicitation will result in a contract wherein the contractor proposes the highest percentage of return on gross cash sales. The contractor may submit their proposal to the District for consideration. The proposal format will become the basis for the final contract. Bidders must provide individual unit prices that do not include sales tax. CONTRACT SUMMARY Central Valley School District No. 356 is soliciting bids for: BEVERAGE MACHINE CONTRACT 2021/22 at Multiple Locations throughout the District If your company is interested in providing a proposal, please read the following information carefully and return as directed on the Bid Proposal NO LATER THAN the bid due date listed below. BID AND CONTRACT DATES PRE-BID CONFERENCE TIME LOCATION None BID DUE DATE: TIME LOCATION June 3, 2021 2:00 P.M. 19307 E. Cataldo Avenue, Spokane Valley, WA 99016 EXPECTED AWARD BID: June 14, 2021 STARTING EQUIPMENT INSTALLATION DATE: Approximately August 2, 2021, or once all necessary paperwork has been received and a contract is signed. The contract period for each subsequent year, if the contract is renewed, is September 1 through August 31 of the following year. FINAL EQUIPMENT INSTALLATION DATE: All initial equipment must be installed by September 7, 2021. CONTRACT RENEWAL: This contract may be renewed in one-year increments up through the 2025/26 school year at the sole option of the District. BRIEF DESCRIPTION OF CONTRACT It is the purpose of this solicitation to contract with one vendor for all ASB beverage vending services. The Contract will provide first class, price favorable service to students with the greatest benefit to the ASB. This proposal provides an exclusive market for allowed beverages. Areas operated by our Nutrition Services Department, staff break rooms, and D.E.C.A stores are exempt from this contract and may conduct business as they desire. However, the awarded vendor will provide vending machine services for all areas within the 3 comprehensive high schools at CVSD. A detailed description of the proposed services is contained in this document. BEVERAGE MACHINE CONTRACT: 2021/22, Extensions to 2025/26BID No. 491-21-05-B BID DUE BY: June 3, 2021, 2:00 P.M. Page 3 of 40 CVSD SCHOOL LOCATIONS MIDDLE SCHOOLS Bowdish Middle School Evergreen Middle School Greenacres Middle School 2109 S Skipworth 14221 E 16th Ave 17409 E Sprague Ave Spokane Valley, WA 99206 Spokane Valley, WA 99037 Spokane Valley, WA 99016 P:(509) 558-4701 F:(509) 558-4714 P:(509) 558-4781 F:(509) 558-4789 P:(509) 558-4861 F:(509) 558-4869 Horizon Middle School North Pines Middle School Selkirk Middle School 3915 S Pines Rd 11900 E Broadway Ave 1409 N Harvest Pkwy Spokane Valley, WA 99206 Spokane Valley, WA 99206 Liberty Lake, WA 99019 P:(509) 558-4941 F:(509) 558-4983 P:(509) 558-5021 F:(509) 558-5029 P:(509) 558-6200 F:(509) 558-6202 HIGH SCHOOLS Central Valley High School (Comprehensive High School) University High School (Comprehensive High School) Ridgeline High School (Comprehensive High School) 821 S Sullivan RD 12420 E 32nd Ave 20150 E Country Vista Drive Spokane Valley, WA 99037 Spokane Valley, WA 99216 Liberty Lake, WA 99016 P:(509) 558-5110 F:(509) 558-5109 P:(509) 558-5243 F:(509) 558-5249 School Scheduled to be open Fall of 2021 Mica Peak High School 15111 E Sprague Ave Spokane Valley, WA 99037 P:(509) 558-4050 F:(509) 558-4059 PROGRAMS Spokane Valley Tech 115 S University Rd Suite B Spokane Valley, WA 99206 P:(509) 558-5680 F:(509) 558-5620 VERIFY DIMENSIONS AND CONDITIONS It is essential that Bidders visit the work site to verify dimensions and conditions so that the bid price will cover all work necessary to provide the completed contract. FEES AND PERMITS Contractor shall be responsible for obtaining any necessary permits as required for this contract. CODES AND STANDARDS All local, municipal and state laws, rules and regulations governing or relating to any portion of this work are hereby incorporated into and made a part of these specifications. END OF SECTION BEVERAGE MACHINE CONTRACT: 2021/22, Extensions to 2025/26BID No. 491-21-05-B BID DUE BY: June 3, 2021, 2:00 P.M. Page 4 of 40 TERMS & CONDITIONS – GENERAL ACCEPTANCE/REJECTION: The District reserves the right to accept or reject bids on each item separately or as a whole, to reject any or all bids, to waive informalities, and to contract in the best interests of the District. Successful contractor shall enter into contract with the District within ten days from the date of purchase authorization from the District Board of Directors, unless otherwise stipulated. ACCOMMODATIONS FOR THE DISABLED: Individuals with disabilities who may need a modification to participate in a public Bid opening meeting should contact the director of plant and maintenance office no later than three days prior to the scheduled Bid opening so that arrangements for the modification can be made. ADDENDUMS: Should CVSD consider it necessary to revise any part of this Bid, an addendum will be made available. All official clarifications or interpretations of the proposal documents will be by written addenda. Clarification given in any other form will be informal and unofficial. Visit our website to check on any published addendums prior to submitting a Bid. The sole responsibility for obtaining and learning of Addendums belong to the Vendor. CVSD accepts no responsibility or liability and will provide no accommodation to Vendors who fail to check for addendums and submit inadequate or incorrect responses. ALTERNATIVES AND EQUALS: CVSD often uses manufacturer’s brand and model designations as a specification standard. In some cases, special brands are designated for compatibility with existing facilities or equipment. Offerings of alternate quality of features will, at CVSD’s discretion, be considered on an “alternate” basis. Brands of equal specification, quality, performance, and use may be considered on an “or equal” basis; however, CVSD reserves the sole right in determining “equals.” All Bids must include complete description and descriptive literature with the Bid document. Alternates and equals may be evaluated to determine their acceptability for future Bids or for the current Bid if time allows. If CVSD accepts a Bid on an “alternate” or “or equal” basis and the Vendor has Bid the wrong item, as determined by CVSD, the Vendor agrees to pick up the item at their expense and refund any payment for the item within 30 days. For Bids, the district may choose to change requirement of a brand after the Bid is due and solicit a response from a limited number of potential vendors, instead of all Vendors on the Vendor’s list (potentially dozens of vendors). If quoting on an alternate item than item specified, list the brand and model number of the item bidding. THE BRAND AND MODEL OF YOUR ITEM BID MUST BE CLEAR. YOUR STOCK NUMBER ISN’T SUFFICIENT TO IDENTIFY THE ITEM BID. We are not responsible to look up referenced items on the bidder website to ensure the brand and model submitted are correct since all alternate brands must be clearly listed in this area. Each line item will be reviewed and awarded either on its own or in an “All-or None” basis depending on what is in the best interest of the District. ANTI-DISCRIMINATION: The Bidder agrees not to discriminate against any client, employee, or applicant for employment or for services because of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental, or physical handicap with regard to, but not limited to, the following: employment upgrading, demolition, or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; selection for training; rendition of services. It is further understood that any Vendor who is in violation of this clause shall be barred forthwith from receiving awards of any purchase order from the district, unless a satisfactory showing is made that discriminatory practices have terminated and that a recurrence of such acts is unlikely. ASSIGNMENT: This contract shall not be assignable in whole or in part without written consent of CVSD. It is the policy of CVSD to withhold consent from proposed assignments, subcontracts, or novation when such transfer of responsibility would operate to decrease the CVSD's likelihood of receiving performance on the contract. CVSD does not normally object to the granting of assignments for financial purposes provided that the original Proposer retains all of its responsibilities and obligations under the contract. In the event of any assignment hereunder to which CVSD has consented, each such assignment shall contain a provision that further assignments shall not be made to any third or subsequent party without additional written consent of CVSD. ASSOCIATIONS: State or other member association contracts, where applicable and in compliance with RCW 39.34 will be considered as a Bid for award purposes. BEVERAGE MACHINE CONTRACT: 2021/22, Extensions to 2025/26BID No. 491-21-05-B BID DUE BY: June 3, 2021, 2:00 P.M. Page 5 of 40 AWARDS: The Vendor providing the acceptable bid will be notified by the District Purchasing Office. The District reserves the right to reject any and all bids, to waive any and all informalities and the right to disregard all nonconforming, non-responsive, or conditional bids. The District seeks qualified Bidders. Award of the contract will be made on the basis as identified within this solicitation. The District shall also consider whether or not the bids comply with the prescribed requirements and unit prices, if requested in the bid forms. The District may conduct investigations as it deems necessary to assist in the evaluation of any bid and to establish the responsibility, qualifications, and financial ability of the Vendor to supply materials and/or services to the District's satisfaction. The District reserves the right to reject the bid of any Vendor who does not pass any such evaluation to the District's satisfaction as specified within the evaluation criteria. If the Contract is to be awarded, the District will notify the awarded bidder within thirty (30) days after the day of the bid opening. BID CHANGES OR WITHDRAWAL: All changes and erasures must be made before Bid is due. Vendor may not withdraw his/her Bid after the Bid is due. BID TABULATIONS: Bid tabulations will be available on Purchasing website (https://www.cvsd.org/apps/pages/Bids) CANCELLATION OF CONTRACT: District retains the prerogative to immediately cancel the contract if the vendor fails to meet performance requirements as specified in the bid, or for any other reasons that may adversely affect the Food Services / Nutrition Services program. Some examples are: late delivery of pizza; product substitution; or, sub-contracting without prior written permission from the school district. Should the district exercise its option to cancel the contract, that district will immediately reissue a new bid for the supply of pizza products for the remainder of the contract period. During the interim, the school district will attempt to purchase products from the next lowest bidder. By canceling a vendor's contract, the district has determined that vendor to be "non-responsive" and future bids from that vendor will not be considered. CONFLICT OF INTEREST: Central Valley School District officers and employees may not accept or receive, directly or indirectly, a personal financial benefit; or accept any gift, token, membership, or service, as a result of a Central Valley School District purchased entered into, or anticipated in the future, from any person, firm, or corporation. Central Valley School District employees within the course of their employment are prohibited from accepting any gratuity (including food or beverages) from a supplier of goods or services to Central Valley Schools District. DELIVERY: All solicitations are to be FOB Destination and Shipping is to be Prepaid and added. Bidders should include information about the lead time between order and delivery of items. DELIVERY–PACKING SLIPS: Packing slips must accompany all deliveries and include Vendor’s name, purchase order number, Bid item number, unit of purchase, quantity shipped, and quantity backordered – if any. Packing slips are not considered invoices. See INVOICING below. ECONOMIC & ENVIRONMENTAL CONSIDERATIONS: In support of the state’s economic and environmental goals, we encourage you to consider the following elements in responding to our solicitations. These are not a factor of award (unless otherwise specified in this document): • Using environmentally preferable products and products that exceed EPA guidelines • Supporting a diverse supplier pool, including small, minority, and women-owned firms • Supporting mini, micro and veteran owned businesses • Featuring products made or grown in Washington https://www.cvsd.org/apps/pages/Bids BEVERAGE MACHINE CONTRACT: 2021/22, Extensions to 2025/26BID No. 491-21-05-B BID DUE BY: June 3, 2021, 2:00 P.M. Page 6 of 40 INVOICING: An invoice must be submitted directly to the CVSD at 19307 E. Cataldo Avenue, Attn: Accounts Payable, Spokane Valley, WA 99016 for payment. Packing slips or invoices shipped with merchandise will not be considered. Invoicing must include the following components: Vendor’s name, purchase order number, Bid item number, unit of purchase, quantity, Bid price, and sales tax rate (if applicable). LATE BIDS: Any Bid received after the date and time specified will not be considered. PAYMENT: Payment will be made within 30 days after receipt of all goods as awarded and a complete itemized invoice, Net 30. At the discretion of CVSD, partial payments will be made for partial deliveries. PRICING: Unless otherwise specified, all prices shall be for new products F.O.B. destination. • Group pricing will be considered where advantageous. • Prices shall include all handling and packaging costs. • Prices for equipment shall include cost and instruction and service manuals where appropriate. • There is no expressed or implied obligation by Central Valley School District to reimburse any firm or individual for any costs incurred in preparing or submitting Bids. Response prices must include all cost components needed for the delivery of the goods and/or services as described in this document. All costs associated with the goods and/or services specified must be incorporated into the price of the Response to this Solicitation. Failure to identify all costs in a manner consistent with the instructions in this Solicitation is sufficient grounds for disqualification. PRODUCT LABELING AND QUALTY: All products awarded as a result of this solicitation shall be delivered clearly labeled and with the specific Manufacturer’s name and product number as indicated on the solicitation response document(s). Items received with generic, non-specific wrapping will be returned at Vendor’s expense. Products received after award, which do not possess quality levels consistent with good workmanship or performance standards shall be removed and replaced or refunded as determined by CVSD at Vendor’s expense. Signing for receipt of a shipment (a delivery slip, bill of lading, UPS, FedEx, etc.) does not constitute acceptance of the product. PRODUCT WARRANTY: Product must be warranted and fit for the purpose for which it is intended. If product quality is found to be inferior after delivery, as determined by the District in its sole discretion, the contractor will replace the product or credit the District. QUANTITIES: The District's actual requirements may vary from the quantities shown. Estimated Annual Usage are simply estimates. The contract award will be based, in part, on grand total(s) of all items identified. The estimates are a general guideline only and are not to be construed as a commitment by the District as the exact amount of products to be purchased by the District. RESERVED RIGHTS: CVSD expressly reserves the following rights: A. To accept or reject Bids on each item separately or as a whole, to reject any or all Bids, to waive informalities, and to contract in the best interests of CVSD. B. To reject any and/or all irregularities in the solicitation submitted. C. To reject any and/or all solicitations or portions thereof. D. To base awards with due regard to quality. E. To make the award to any Vendor whose Bid response, in the opinion of the Buyer and Purchasing management, is the lowest and best solicitation. F. On multiple item Bids, to select individual items based on cost and qualitative factors unless the procurement professional stipulates “all or nothing” on the Bid document. G. To increase or decrease the quantity on the Bid forms and still contract at the original Bid price. SAMPLES: In some cases, samples are requested to be furnished by the bidder at no charge to the District to determine acceptability of an item. Samples may be evaluated to determine their acceptability for future Bids, or for the current Bid if time allows. Samples up to $10.00 may be accepted. The bidder must contact the Warehouse Manager, Brad Morris, at (509) 558-5478 to determine the quantity required for items that may need more than a $10.00 sample (as determined by the Warehouse Manager) to evaluate. If BEVERAGE MACHINE CONTRACT: 2021/22, Extensions to 2025/26BID No. 491-21-05-B BID DUE BY: June 3, 2021, 2:00 P.M. Page 7 of 40 the Warehouse Manager determines a larger sample is needed, he may purchase the necessary quantity in order to evaluate the product. For consideration, all Samples must be labeled with: 1) Bidder Name, 2) Bid Number, and 3) Bid Item Number. All samples, if asked must be approved by the Food Service Supervisor prior to introduction into any school. In some cases, samples will be requested to be furnished by bidder at no charge to the participating districts to determine acceptability of an item. Samples should be in small quantities and less than $10 unless purchased by the district at their request. SUB-CONTRACTING: Sub-contracting is permissible only with written permission from the appropriate individual school district. However, invoices and statements for payment will be honored only from the firm who has received the award of contract. TAXES: CVSD is exempt from certain federal taxes and, where appropriate, shall provide an exemption certificate upon request to successful Vendor. CVSD is required to remit Washington state sales tax (use tax) for purchases outside of Washington where no sales tax is collected. For evaluation purposes, the current tax/usage rate will be used. TERMINATION: The districts require the awarded Bidder to prohibit any of its employees who have ever been convicted or plead guilty of any of the child related felonies from working where s/he would have contact with public school children. Any failure to comply with this section (Washington State RCW 28A.400.330) shall be grounds for the district to immediately terminate the Contract. TEST AND EVALUATION: Central Valley School District applies a process of test and evaluation designed to ensure essential quality depending on the intended use of various products within the request for solicitation. Those products identified with the statement “Do Not substitute” have been judged acceptable and best to meet the needs of the established or anticipated programs. Central Valley School District continually investigates new or additional products and invites Respondents to make these products available for evaluation and possible addition to future “Do Not Substitute” listings of approved brands. The decision by the Central Valley School District regarding adding to future “Do Not Substitute” listing of approved brands shall be final. In the evaluation of this Bid the District awards each line item separately based on a number of factors. Vendors may have chosen to group items together (with a minimum by manufacturer or an “All-or-None” by vendor) in order to lower their total shipping costs and reducing their Bid price on individual items. Therefore, a low Bid on an item that has been grouped with other items may not be least expensive over-all for the District and we may have moved to the next vendor to obtain the best value. Other factors which affect our decision to move to a higher priced item may include our minimum or the vendor’s minimum total order not being met, an item not to our specification, an item not tested by the District, no sample to evaluate, or the sample didn’t pass our test. Once an item was awarded, higher priced Bids for that item were not evaluated. Referenced manufacture(s) and/or model numbers are to establish a standard of quality required for this solicitation. Any variance from the specifications or standard of quality indicated herein must be clearly pointed out in writing by the bidder. Bidders are required to submit specification data/literature along with samples prior to Bid closing. Bidders failing to provide detailed specifications for alternates will be rejected as non-responsive. TOBACCO/DRUG/WEAPON PROHIBITION: District property is a tobacco free, drug free, and weapon free environment. Contractor personnel shall conform to this policy at all times while on District premises. TRADE-IN EQUIPMENT: The District reserves the right to accept or reject trade-in item bids. This means the District may award the bid for an item exclusive of the trade-in bid. Therefore, each bidder must list prices for each line item. WARRANTIES: Contractor warrants that articles supplied under this order conform to specifications herein and are fit for the purpose for which such goods are ordinarily employed, except that if a particular purpose is stated, the material must then be fit for that particular purpose. BEVERAGE MACHINE CONTRACT: 2021/22, Extensions to 2025/26BID No. 491-21-05-B BID DUE BY: June 3, 2021, 2:00 P.M. Page 8 of 40 ADDITIONAL DEFINITIONS & RESPONSIBILITIES OF VENDOR BID vs. QUOTE: Your bid (quote) is the price submitted, but also considered a quote if it is published as Request for Quotation. The legal definition for bids vs. quotes determines the process CVSD uses, but doesn’t change the way this “bid” or “quote” is submitted by the Vendor. One main difference between a bid and quote is that a quote is less formal. BIDDER: Legal representative of the vendor submitting a bid or quote on the vendor’s behalf who must be able to bind the company represented. BID PRICING: Unless otherwise specified, all prices shall be for new products F.O.B. destination. Unless bid is designated “all or none”, vendor may bid on any or all Items. Tie-ins will be considered where advantageous. Prices provided shall include all handling and packaging costs. Those submitting bids do so entirely at their own expense. There is no expressed or implied obligation by Central Valley School District to reimburse any firm or individual for any costs incurred in preparing or submitting proposals. “BUY AMERICAN” PRVISION: Section 101 (d) of the William F. Goodling Child Nutrition Reauthorization Act of 1998 requires schools and institutions participating in the national School Lunch Program (NSLP) and School Breakfast Program (SBP) in the contiguous United States to purchase, to the maximum extent practicable, domestic commodities or products for use in meals served under the NSLP and SBP. Commodity or product us to be substantially produced and processed in the United States using agricultural commodities that are produced in the United States. “Substantially” means over 51 percent of the final processed product consists of agricultural commodities that were grown domestically. CHILD NUTRITION LABLES (if applicable): Certificates of nutritional content or evidence of Child Nutrition (CN) labeling program approval and grading for all products Must be sent to Nutrition Services Department prior to shipping product. The purpose of this requirement is to ensure that meals served under the National School Lunch Program meet program requirements and provide a means for properly determining the contribution of these products toward meal pattern requirements. CRIMES AGAINST CHILDREN: The contractor shall prohibit any employee of the contractor, including subcontractors, from working at a public school who has contact with children at said school during the course of his or her employment and who has plead guilty to or been convicted of any felony crime involving the physical neglect of a child under RCW 9A.42, the physical injury or death of a child under RCW 9A.32 or 9A.36 (except motor vehicle violations under RCW 46.61), sexual exploitation of a child under RCW 9.68, several offenses under RCW 9A.44 where a minor is the victim, promoting prostitution of a minor under RCW 9A.88, the sale or purchase of a minor child under RCW 9A.64.030, or violation of similar laws of another jurisdiction. Any failure to comply with this section shall be grounds for the district to immediately terminate the contract DEBARMENT/SUSPENSION: By signing and submitting this bid, your company certifies that it meets the federal government’s requirements below: As required by Executive Order 12549, Debarment and Suspension, and implemented at 7 CFR 3017, for prospective participants in primary covered transactions, as defined at 7 CFR 3017, Sections 3017.105 and 3017.10. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: 1.(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with BEVERAGE MACHINE CONTRACT: 2021/22, Extensions to 2025/26BID No. 491-21-05-B BID DUE BY: June 3, 2021, 2:00 P.M. Page 9 of 40 commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. EMPLOYMENT PROHIBITION: In accordance with Title 28A RCW: Contractor shall prohibit any employee of contractor from working at a public school who has contact with children at the school during the course of his or her employment and who has pled guilty to or been convicted of any felony crime involving the physical neglect of a child under Chapter 9A.42 RCW, the physical injury or death of a child under Chapter 9A.32 or 9A.36 RCW (except motor vehicle violations under Chapter 46.61 RCW), sexual exploitation of a child under Chapter 9A.44RCW where a minor is the victim, promoting prostitution of a minor under Chapter 9A.88 RCW, the sale or purchase of a minor child under RCW 9A.64.030, or violation of a similar laws of other jurisdiction. Any failure by contractor to comply with this section shall be grounds for Central Valley School Districts’ immediate termination of this contract. EQUAL EMPLOYMENT: Unless exempted by rules of the Secretary of Labor and issued to appropriate sections of Executive Order 11246, as amended by 11375, the Vendor agrees to supply CVSD a completed “Equal Employment Opportunity Compliance Certificate” if such is requested. The Vendor agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, sex or age with regard to, but not limited to, the following: employment upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or forms of compensation, selection for rendition of services. EQUAL OPPORTUNITY / AFFIRMATIVE ACTION (Vietnam Veterans Readjustment Assistance Act): If the cost of this contract is $150,000 or more, Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a). This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans. EQUAL OPPORTUNITY / AFFIRMATIVE ACTION – DISABILITIES (Section 503 of the Rehabilitation Act): If the cost of this contract exceeds $15,000, Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a). This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities. INDEMINIFICATION: Each party shall be responsible for the actions and inactions of itself and its own officers, employees, and agents acting within the scope of their authority. Each party shall indemnify, defend, and hold harmless the other party, its officers, employees, and agents from any claims, losses, or suits, including attorney’s fees, arising out of injuries and damages caused by each party’s own negligent actions or failures to perform its obligations under this contract. In the case of fault or negligence of both parties, any damages allowed shall be levied in proportion to the percentage of the fault or negligence attributable to each party. Each party waives its immunity under Title 51 RCW only to the extent it is required to indemnify, defend and hold harmless the other party and its agencies, officers, employees, and agents. No party to this agreement shall be responsible for the acts and/or omissions of entities or individuals not a party to this agreement. INDEPENDENT CONTRACTORS: The parties enter into any contract awarded from this bid as independent contractors and nothing contained in this contract shall be construed to create a partnership, joint venture, agency or employment relationship between the parties. INFRINGMENTS: Contractor agrees to protect and save harmless Central Valley School District against all claims, suits or proceedings for patent, trademark, copyright or franchise infringement arising from the purchase, installation, or use of goods and materials ordered, and to assume that all expenses and damages arising from such claims, suites or proceedings. BEVERAGE MACHINE CONTRACT: 2021/22, Extensions to 2025/26BID No. 491-21-05-B BID DUE BY: June 3, 2021, 2:00 P.M. Page 10 of 40 INSURANCE: For the duration of this contract, the contractor shall maintain in force at its own expense insurance as follows: a. Worker’s Compensation Insurance in compliance with RCW Title 51. b. Liability Insurance as follows: 1. A standard General Comprehensive Liability insurance policy providing, without limitation, the following: (i)a combined single limit of not less than $1,000,000 per occurrence for bodily injury liability and (ii) contractual liability insurance coverage for the defense, indemnification and hold harmless promises made by contractor stated in Section II, Paragraph 21; and providing coverage for premises and operations, independent contractors, products and completed operations, personal injury liability and product liability coverage. 2. A standard motor vehicle fleet and automobile liability insurance policy providing, without limitation, the following: (i) a combined single limit of not less than $1,000,000 per occurrence for bodily injury liability, property damage liability and uninsured/under-insured motorist benefits; (ii) no-fault medical expense and Personal Injury Protection coverage for vehicle occupants and pedestrians and bicyclists, with limits of not less than $1,000,000 per person per incident; (iii) and contractual liability insurance coverage for the defense, indemnification and hold harmless promises made by contractor stated in Section II, Paragraph 21. Such policy shall also afford coverage for owned, hired and non-owned vehicles. 3. With respect to the insurance policies required by contractor by the immediately preceding subparagraphs b.1 and b.2, contractor shall: (i) cause the insurer(s) from whom contractor procures such insurance policies to issue endorsements attached to and made a part of such policies, naming and protecting the District and its employees, agents and representatives as additional insured under such policies for all purposes and claims made against the District related to or arising in anyway from the subject matter or performance of awarded contract; and (ii) contractor shall assure that such policies of insurance provide that they shall serve as primary- level insurance coverage with respect to any such claim made against the District, such that any liability insurance separately procured and maintained by the District shall be considered excess-level insurance coverage with respect to such claim. There shall be no cancellation, material change, reduction of limits or non-renewal of the insurance coverage required by this contract, without thirty (30) days written notice to the District. Further, within fifteen (15) days of the effective date of the awarded contract, the contractor shall provide to the District copies of the additional insured endorsements required by the preceding subparagraph c.3 and a certification that the insurance policies required by this contract are in effect. Such certification shall specify and include the aforementioned 30-day cancellation clause of this contract. The District reserves the right to require contractor to select different insurance carriers if deemed necessary by the District. JURISDICTION: This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is agreed by each party hereto that this Agreement shall be governed by laws of the State of Washington, both as to interpretation and performance. Any action of law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provisions thereof shall be instituted and maintained and venue shall be only in the courts of competent jurisdiction in Spokane County, Washington. LAW COMPLIANCE: Vendor agrees to fully comply with all federal, state, and local laws, orders, rules, regulations, and ordinances including, but not limited to, those relating to industrial insurance, unemployment compensation, social security, minimum wages, equal employment, safety standards and building codes, and the Vendor shall indemnify and save harmless the District for any claim liability or expense by reason of the failure of the Vendor or any of his/her subcontractors to comply with such laws, orders, rules, regulations, or ordinances. LICENSING / ACCREDIATION: The Contractor shall comply with all applicable local, state, and federal licensing, accreditation, and registrations requirements/standards, necessary for the performance of this Contract. BEVERAGE MACHINE CONTRACT: 2021/22, Extensions to 2025/26BID No. 491-21-05-B BID DUE BY: June 3, 2021, 2:00 P.M. Page 11 of 40 MINORITY OWNED AND WOMEN OWNED BUSINESS ENTERPRISES: CVSD encourages the participation of minority-owned and women-owned business enterprises. While CVSD does not give preferential treatment, it does seek equitable representation from the minority and women’s business community. Further, Vendors are encouraged to subcontract with firms certified by the Washington State Office of Minority and Women’s Business Enterprises (MWBE) and are encouraged to utilize qualified, local businesses in Spokane County and Washington state where cost effectiveness is deemed competitive and Vendors may contact OMWBE to obtain information on certified firms for potential sub-contracting arrangements. Nothing in this section is intended to prevent or discourage proposals from non-MWBE firms as well as MWBE firms. Proposers who are MWBE or intend to use MWBE subcontractors are required to identify the participating firm. A directory of MWBE firms is published quarterly by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE). Copies of the directory are available from the State OMWBE (360-753-9693) or may be viewed at the Public Works Department, 2702 S 42nd St Suite 201, Tacoma 98409, and the Tacoma Public Library, 1102 Tacoma Avenue South, Tacoma, 98405. Contact the Contract Compliance Office for additional information at (253) 798-7250. NEW PRODUCTS: The District reserves the right to purchase from the successful contractor newly introduced products, newly introduced sizing, or newly introduced packaging that were not available at the time of this bid, at a mutually agreed upon price. The District also reserves the right to approve additional products submitted for consideration by contractor as deemed in the best interests of the district and as aligned with necessary revised nutritional standards. At no time during the contract time frame will individual school cafeteria sites be solicited for these new products. All product changes and approval must be presented to the Nutrition Services Director and approved in writing prior to being placed in any location. PERFORMANCE BOND: The district reserves the right to require the successful bidder to furnish a performance bond before entering into a formal contract agreement for these services. The Vendor shall bear the cost for the bond. PREPARATION COSTS: Costs incurred by Vendors in preparation of their proposal, including travel and personal expenses, may not be charged as an expense of performing the contract. CVSD shall not pay for costs incurred for proposal or contract preparation as a result of termination of this bid or termination of the contract resulting from this bid. PRODUCTION COSTS ESCALATION: At the renewal of each optional contract year, in the event of unusual circumstances such as changes in local, state, or federal taxes, laws, specifications, regulations, or certain production expenses that could not have been foreseen or budgeted in the original proposal, which cause the contractor's costs to hereunder increase, then parties shall determine a reasonable and just amount to cover such documented increased. Under normal circumstances, this shall not exceed the Consumer Price Index (United States City for Urban Wage Earners and Clerical Workers), as reported the previous 12-month period ending April 30 on a percentage basis to apply to contract pricing for the ensuing school fiscal year. Approval of any increases shall be at the sole discretion of the District. Cost decrease of significance shall be included as well. ESCALATION/DE-ESCALATION PROVISION: At the renewal of each optional contract year, in the event of unusual circumstances such as changes in local, state, or federal taxes, laws, specifications, regulations, or certain production expenses that could not have been foreseen or budgeted in the original proposal, which cause the contractor's costs to hereunder increase, then parties shall determine a reasonable and just amount to cover such documented increased. Under normal circumstances, this shall not exceed the Consumer Price Index (United States City for Urban Wage Earners and Clerical Workers), as reported the previous 12-month period ending April 30 on a percentage basis to apply to contract pricing for the ensuing school fiscal year. Approval of any increases shall be at the sole discretion of the District. Cost decrease of significance shall be included as well. PROPOSALS DISCLOSURE: All proposals and other material submitted become the property of the CVSD, regardless of statements to the contrary. Do not submit a bid to the district if you do not wish ALL information to be considered public information. CVSD reserves the right to use any ideas presented in response to this bid. Public records are open to reasonable inspection by the public. PROPOSER’S CERTIFICATION: By signature on their bid, Proposers certify that; they have read this bid; are authorized to bind the Proposer; agree to furnish the requested supplies, equipment or services in accordance with this bid. BEVERAGE MACHINE CONTRACT: 2021/22, Extensions to 2025/26BID No. 491-21-05-B BID DUE BY: June 3, 2021, 2:00 P.M. Page 12 of 40 REQUIRED REVIEW: Proposers shall carefully review this solicitation for defects and questionable or objectionable material. Comments concerning defect and questionable or objectionable material must be made in writing and received by the purchasing manager at least five (5) days prior to the deadline for receipt of proposals. This will allow for issuance of any necessary amendments/addendums. It will also help prevent the opening of a defective solicitation and exposure of vendors proposals upon which award could not be made. Protests based upon any omission error, or the content of the solicitation may be disallowed if not made in writing at least five (5) days prior to the deadline for receipt of proposals. The District reserves the right to publish amendments/addendums at any time prior to bid opening. Check the Purchasing website at http://www.cvsd.org (under District Services, Purchasing, Bids sections) to check on any published addendums prior to submitting a bid. SAFETY PRECAUTIONS: Comply with all applicable laws, ordinances, rules and regulations of any public authority for the safety or persons and property, including requirements of the Washington Industrial Safety and Health Administration. SAVE HARMLESS: Vendor agrees to protect and save harmless CVSD against all claims, suits, or proceeding for patent, trademark, copyright or franchise infringements, and against any damage cost or liability for any injuries to persons or property arising from acts or omission of the Vendor or his/her agents, any of which result from the purchase of goods or services from his/her bid. CENTRAL VALLEY SCHOOL DISTRICT Special Terms and Conditions for Federal Grant Funded Purchases Whereas the contract entered into with Contractor/Vendor (Contractor) is in furtherance of the performance of work required by Central Valley School District (CVSD) in an agreement with the United States of America, Contractor is subject to the following terms and conditions in addition to any other terms and conditions required by CVSD. These terms and conditions are intended to comply with and should be interpreted in accordance with the Office of Management and Budget (OMB)’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200 (“Uniform Guidance”). By accepting this order/contract, Contractor agrees to furnish the materials, supplies, or services covered by this order in accordance with the terms of the order, the general terms and conditions, and these special terms and conditions. The applicable contract provisions contained in Appendix II to 2 CFR Part 200, as well as any statutory and regulatory obligations referenced below, are incorporated by reference into this order and will have the same force and effect as if they were given in full text. These provisions are set forth below. Contractor shall comply with the following provisions, as applicable: 1. Clean Air Act & Federal Water Pollution Control Act (42 USC §§ 7401-7671q; 33 USC §§ 1251-1387): If contract exceeds $150,000, Contractor is required to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC §§ 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 USC §§ 1251-1387). CVSD is required to report any violations of these acts to the federal government. 2. Contract Work Hours and Safety Standards Act (40 USC §§ 3701-3708): If the contract exceeds $100,000 and involves the employment of mechanics or laborers, Contractor shall comply with the Contract Work Hours and Safety Standards Act, 40 U.S.C. sections 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 ½ times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. 3. Debarment/Exclusion (Close the Contractor Fraud Loophole Act, 41 USC § 251; FAR 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (October 2015)): Contractor represents and warrants that it and its employees, contractors, and any subcontractors are not excluded or debarred by any federal BEVERAGE MACHINE CONTRACT: 2021/22, Extensions to 2025/26BID No. 491-21-05-B BID DUE BY: June 3, 2021, 2:00 P.M. Page 13 of 40 agency from participating in any federal grant or contract, and that they are not, to the best of Contractor’s knowledge, under investigation for any such exclusion or debarment. Contractor will notify CVSD immediately if there are any changes in status under this paragraph. 4. Equal Opportunity/ Affirmative Action (Executive Order 11246): Except as otherwise provided in 41 CFR Part 60, all “federally assisted construction contracts,” as defined in 41 CFR Part 60-1.3 are subject to the Equal Opportunity clause contained in 41 CFR 60-1.4(b), incorporated by reference. Furthermore, the Equal Opportunity clause contained in 41 CFR 60-1.4(b) applies to all nonexempt subcontracts entered into by Contractor under this Contract, and Contractor agrees to include the Equal Opportunity clause contained in 41 CFR 60-1.4(b) in all nonexempt subcontracts. 5. Equal Opportunity/ Affirmative Action- Veterans (Vietnam Veterans Readjustment Assistance Act): If the cost of this contract is $150,000 or more, Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a). This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans. 2 Rev. 2016 6. Equal Opportunity/ Affirmative Action- Disabilities (Section 503 of the Rehabilitation Act): If the cost of this contract exceeds $15,000, Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a). This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities. 7. Examination of Records by Comptroller General- Federal Acquisition Rule (FAR) clause 52.215-2, which governs records retention and availability of records for inspection by the Comptroller General of the United States, is incorporated by reference. The complete text of this clause is available at www.acquisition.gov/far and will be provided upon request. 8. International Traffic in Arms (22 CFR Part 120): Contractor shall comply with all requirements of the Arms Export Control Act, 22 USC 2571 et seq., and the International Traffic in Arms regulations, 22 CFR 120 et seq. 9. Licensing/Accreditation: The Contractor shall comply with all applicable local, state, and federal licensing, accreditation, and registrations requirements/standards, necessary for the performance of this Contract. 10. Lobbying (Byrd Anti-Lobbying Amendment, 31 USC 1352): If the cost of this contract exceeds $100,000, Contractor will comply with all certification and disclosure requirements under the Byrd Anti-Lobbying Amendment, 31 USC 1352. 11. Nondiscrimination: Contractor agrees to comply at all times with all applicable state and federal laws, rules, regulations, and executive orders governing equal employment, opportunity, immigration, and nondiscrimination, including the Americans with Disabilities Act. Contractor shall not discriminate against any employee, applicant for employment, or against any CVSD student on the basis of race, creed, color, national origin, marital status, sex, sexual orientation, gender identity, age, status as a disabled veteran, recently separated veteran, active duty wartime or campaign badge veteran, or Armed Forces service medal veteran (collectively referred to as “protected veterans”) or the presence of any sensory, mental, or physical disability. In the event of Contractor’s noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy, this Contract may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with CVSD. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance. 12. Office of Foreign Assets Control/Export Controls: CVSD complies with U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC) payment rules. OFAC prohibits financial transactions with individuals or organizations, which have been placed on the OFAC Specially Designated Nationals (SDN) and Blocked Persons sanctions list located at http://www.treasury.gov/resource- center/sanctions/SDN-List/Pages/default.aspx. Compliance with OFAC payment rules ensures that CVSD does not conduct business with individuals or organizations that have been determined to be supporters of terrorism and international drug dealing or that pose other dangers to the United States. Prior to making payment to individuals or organizations, CVSD will download the current OFAC SDN file and compare it to CVSD and statewide vendor files. In the event of a positive match, CVSD reserves the right to: (1) make a determination of “reasonability” before taking the positive match to a higher authority, (2) seek assistance from the BEVERAGE MACHINE CONTRACT: 2021/22, Extensions to 2025/26BID No. 491-21-05-B BID DUE BY: June 3, 2021, 2:00 P.M. Page 14 of 40 Washington State Office of the State Treasurer (OST) for advanced assistance in resolving the positive match, (3) comply with an OFAC investigation, if required, and/or (4) if the positive match is substantiated, notify Contractor in writing and terminate the contract according to the Termination for Convenience provision without making payment. CVSD will not be liable for any late payment fees or missed discounts that are the result of time required to address the issue of an OFAC match. 13. Political Activities (Hatch Act, 31 USC § 1352): None of the funds, materials, property or services provided directly or indirectly in this Contract shall be used in the performance of this Contract for any partisan political activity of any kind or to further the election or defeat of any candidate for public office. None of the funds provided under this Contract shall be used for publicity or propaganda purposes designed to support or defeat legislation pending before the U.S. Congress or any State or Local legislative bodies. Contractor shall at all times comply with 31 U.S.C. § 1352. 14. Procurement of Recovered Materials (Solid Waste Disposal Act; Resource Conservation and Recovery Act): Contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner 3 Rev. 2016 that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 15. Right to Inventions made Under a Contract or Agreement (37 CFR Part 401): If the award CVSD received from the United States of America meets the definition of “funding agreement” under 37 CFR § 401.2(a) and this contract is a substitution of parties, assignment, or performance of experimental, development or research work, Contractor must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. 16. Subcontracting: If the Agreement between CVSD and Contractor allows Contractor to subcontract any services, then Contractor will be responsible for ensuring its written agreements with such subcontractors contain all requirements of this Agreement and that its subcontractors comply with such requirements. 17. Breach, Default, and Termination: 2 CFR Part 200, Appendix II requires CVSD to address termination for cause and convenience. In the event the underlying contract between CVSD and Contractor does not already identify the basis and procedures for termination, the following applies: CVSD reserves the right to pursue all available legal, administrative, contractual or equitable remedies in the event of Contractor’s breach of contract or violation of any term of this contract. CVSD shall have the right to terminate this contract for cause, and shall retain all rights and remedies against Contractor. CVSD shall also have the right to terminate this Contract for convenience upon thirty (30) days’ notice to Contractor. Breach and/or Termination of this Contract shall be addressed in the manner prescribed in the CVSD General Standard Terms and Conditions. The rights and remedies of CVSD provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. 18. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148): Where applicable, all prime construction contracts in excess of $2,000 shall comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the Davis-Bacon Act, contractors must pay wages to laborers and mechanics at a rate not less than prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must pay wages not less than once per week. If the Davis-Bacon Act applies to this Contract award of this Contract is conditioned upon the acceptance of the wage determination. CVSD will report all suspected or reported violations of the Davis-Bacon Act to the Federal Awarding Agency. BEVERAGE MACHINE CONTRACT: 2021/22, Extensions to 2025/26BID No. 491-21-05-B BID DUE BY: June 3, 2021, 2:00 P.M. Page 15 of 40 19. Copeland “Anti-Kickback” Act (40 U.S.C. 3145): Where applicable, all prime construction contracts over $2,000 are subject to the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Rev 2018 Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). CVSD report all suspected or reported violations to the Federal Awarding Agency. The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. 20. Conformance: If any provision of this contract violates any state or federal law or regulation, it is considered modified to conform to that law or regulation. BEVERAGE MACHINE CONTRACT: 2021/22, Extensions to 2025/26BID No. 491-21-05-B BID DUE BY: June 3, 2021, 2:00 P.M. Page 16 of 40 SPECIAL TERMS AND CONDITIONS - VENDING CONTRACT 1. CHANGES: This Agreement shall not be modified, altered, or changed except by mutual agreement confirmed in writing by an authorized representative of each party to this Agreement. 2. COMMISSION RATE: Commission rates shall remain firm for the entire term of this contract and through subsequent renewals. There shall be no additional costs to the District for product, services, or equipment. 3. CONFLICT OF INTEREST: The District officers and employees may not accept or receive, directly or indirectly, a personal financial benefit; or accept any gift, token, membership, or service, as a result of a District purchase entered into, or anticipated in the future, from any person, firm, or corporation. District employees within the course of their employment, are prohibited from accepting any gratuity (including food or beverages) from a supplier of goods or services to the District. The Contractor shall not negotiate any agreement of any kind with the schools within the District. Any agreement made contrary will be null and void unless approved by the Purchasing Manager. 4. CONTRACTOR PERSONNEL RESPONSIBILITIES: The District shall grant the successful bidder, as an independent contractor, the right and privilege to sell and dispense items as requested in the bid at various locations throughout the District. Neither the Contractor, nor any agent, officer, or employee of the Contractor shall be held or shall be deemed to be in any way an employee, agent, officer, official, or servant of the District. None of the benefits provided by the District to its employees are available from the District to the employees, agents, or servants of the Contractor. The Contractor will be solely and entirely responsible for its acts and for the acts of its agents, officers, employees, servants, and subcontractors during the performance of any contract described herein. Work must be performed by qualified, licensed and bonded contractors, registered to do business in the State of Washington. OSHA-WISHA compliance is required. 5. EQUIPMENT: A. All equipment, supplies and accessories used in this project must be U. L. approved. B. All rules, laws and regulations applicable to this installation as set forth by the Washington Industrial Safety and Health Act Code Book shall be complied with. C. Contractor shall repair all asphalt, concrete and/or any other construction damage to its original condition at Contractor's expense for damage incurred during the installation, use, or removal of equipment. D. Any other provision in this contract to the contrary notwithstanding, the Contractor assumes entire responsibility and liability for any and all damage or injury of any kind or nature whatever (including death or personal injury resulting there from) to all persons, whether employees of the Contractor or otherwise, and to all property, caused by, resulting form, or arising out of the Contractor's equipment or negligence of his agents or employees. E. The Contractor, at its expense, shall be required to repair when needed, and maintain in a sanitary and attractive condition, all Contractor-furnished equipment within four (4) hours after notification of need, except that equipment furnished for special events shall be repaired or replaced in approximately one hour after notification in order to minimize the losses from sales at these events. F. The Contractor shall provide an identification number and a decal on furnished equipment showing the telephone number to be called for emergency service and refund information. G. The Contractor shall replace, within 48 hours, any vending machine that cannot be repaired per paragraph (e) above. 6. FORCE MAJEURE: Contractor shall notify the District promptly of any material delay in performance of specified services and shall specify in writing to the Purchasing Manager the proposed revised performance date as soon as practicable after notice of delay. Contractor shall not be liable for delays in performance due to causes beyond its reasonable control, but it will be liable for delays due to its fault or negligence. 7. GRATUITIES: There shall be no gratuities offered or accepted by either party. 8. LABOR RELATIONS: Contractor agrees to take immediate and reasonable steps to maintain its provision of service under this Agreement in the event of any labor action involving his employees. 9. LICENSES AND PERMITS: All products dispensed through the equipment installed by the Contractor are required to be in conformity with applicable federal, state, and Spokane County health standards or other applicable laws. All necessary licenses and permits will be obtained and maintained in force throughout the term of the contract by the Contractor at its BEVERAGE MACHINE CONTRACT: 2021/22, Extensions to 2025/26BID No. 491-21-05-B BID DUE BY: June 3, 2021, 2:00 P.M. Page 17 of 40 expense. Further, the contractor shall ensure that all goods and equipment supplied and all actions of the contractor, its employees, and agents, shall comply fully with all local, state, and federal laws and ordinances. 10. LIENS: Contractor shall at all times keep the District free and clear from all liens asserted by any person, firm, or corporation for any reason whatsoever, arising from the furnishing of services. 11. MISCELLANEOUS PROVISIONS: This Request for Proposal constitutes the entire agreement between the parties and supersedes all other agreements or understandings, written or oral. 12. NEW PRODUCTS, SIZING, OR PACKING: The District reserves the right to purchase from the successful vendor newly introduced products, newly introduced sizing, or newly introduced packaging that were not available at the time of this bid, at a mutually agreed upon price. The district also reserves the right to approve additional products submitted for consideration by vendor as deemed in the best interests of the district and as aligned with necessary revised nutritional standards. 13. NOTICES: Any notice required under this Agreement shall be in writing and may either be given by personal delivery or sent by certified mail, addressed as follows: if to Contractor, at the address set forth in the heading of this agreement; if to the District, to the attention of the Purchasing Manager at the address set forth in the heading of this Agreement. The address to which mailings shall be made may be changed by either party from time to time by a notice mailed. 14. POLICY FOR VEHICLES ON SCHOOL GROUNDS DURING THE SCHOOL DAY: No vehicles may be driven on school grounds unless otherwise addressed herein. Under no circumstances may any vehicle be driven on a playground area while children are present on the playground. If access to a playground area is necessary, assistance must be obtained from school staff to clear the area of students prior to vehicle entry. 15. PROBLEM RESOLUTION: In the event that the successful bidder fails to comply with the terms of this contract, the District shall provide written notice of the problem. If the problem is not corrected within 15 days or if the problem is corrected, but has proven to be a reoccurring problem, the District reserves the right to send a Notice of Termination of Contract, which will terminate the contract 30 days after receipt, without cost to the District. Examples of conditions that may result in termination include, but are not limited to: poor product or service quality resulting in lost sales, revenues from commissions on sales frequently below District expectations, frequent equipment failures, poor response time regarding product or equipment service, and inaccurate sales reporting. Upon termination of the contract in accordance with these provisions, the successful bidder shall have 10 days to remove all equipment from the District. Any annual up-front payment (due September 1 of each year) will not be refunded, in whole or in part, and remain due if still unpaid for the current contract. Unpaid annual up-front payments for non-renewed contracts will not be required. 16. PRODUCT LINE: The successful bidder shall have, and must continue to provide during the contract period or any extension thereof, a full beverage product line consisting of, but not limited to, those products lines listed in Products section of the Bid. The District reserves the option to waive flavor requirements or substitute flavors for required flavors as deemed in the best overall interest of the District. Commission rates shall remain firm for the period of this contract and all subsequent renewal periods. All beverage packaging shall consist of non-breakable material, such as aluminum cans or plastic bottles. Glass packaging is not acceptable. 17. PROPRIETARY INFORMATION: The District cannot treat as proprietary information any records or data which might be made available during the administration of the Contract including, but not limited to, financial and statistical data. Such information will become a part of the public record and, if requested, might be released to a third party. The foregoing will also not prohibit the District from using general statistical data as is contained in this Proposal should it become necessary to ask for another Request for Proposal regarding vending services at some future date. 18. RESPONSIBILITY FOR MACHINES, TOOLS, MATERIALS, ETC.: The District shall have no responsibility for the loss, theft, mysterious disappearance of, or damage to, equipment, tools, materials, supplies, and other personal property of Contractor, its employees, or subcontractors, which may be in the Service Area. 19. SAFETY: The Contractor shall work in a safely and take appropriate precautions to prevent accidents caused by the Contractor’s machinery or products. 20. STORAGE: Full service vending is to be performed by the Contractor; the Contractor shall provide all required storage off campus. 21. SURRENDER OF PREMISES AND EQUIPMENT: On termination or expiration of this Agreement, Contractor shall, at their expense, remove all of their equipment and vacate all parts of the District's premises. Contractor shall restore the premises to the same condition as when originally made available to Contractor, reasonable wear and tear expected. BEVERAGE MACHINE CONTRACT: 2021/22, Extensions to 2025/26BID No. 491-21-05-B BID DUE BY: June 3, 2021, 2:00 P.M. Page 18 of 40 22. SURVIVAL: The terms, conditions, representations, and warranties contained in this Agreement shall survive the termination or expiration of this Agreement. 23. TAXES: The Contractor assumes complete liability for all taxes applicable to the property, income, and transactions of the Contractor. The District shall not be liable to the Contractor for any tax imposed either directly or indirectly upon the Contractor by any authority by reason of this contract or otherwise. 24. TITLE TO CONTRACTOR-FURNISHED EQUIPMENT: Title to all Contractor-furnished equipment shall be retained by the Contractor unless specific action is taken by the Contractor and approved by the District’s Board of Directors to transfer title to the District. The Contractor shall assume full risk and responsibility for any loss, destruction, or damage occurring to the equipment. 25. UTILITY SERVICE: The District shall provide, at its own expense, services at existing outlets (heat, gas, electricity, water, and sewer), for the convenience of Contractor. Any modification to existing outlets required or requested by Contractor shall be at Contractor's expense. The District shall maintain utility services and make every reasonable effort to avoid their disruption. 26. FDA Requirements for Vending Machines: The Contractor shall comply with all Federal requirements. See below for document dated March 2, 2016 FDA Requirements for Vending Machines. 27. Smart Snacks in School – USDA’s “All Foods Sold in Schools” Standard: The Contractor shall follow this standard unless updated by the USDA, then the updated version shall prevail. See below for document. BEVERAGE MACHINE CONTRACT: 2021/22, Extensions to 2025/26BID No. 491-21-05-B BID DUE BY: June 3, 2021, 2:00 P.M. Page 19 of 40 PERFORMANCE SPECIFICATIONS 1. VENDING OPERATIONS: Under this agreement the contractor furnishes all vending machines with ancillary equipment (including drains, hookups, and drillings only with permission of the District (Supervisor of Maintenance), and provides all labor, supplies, materials, supervision, change funds, snacks and beverages to fill and maintain vending machines on the institution's premises for vending sales of the Associated Student Bodies. In consideration of the mutual promises and covenants contained in this document, the District and Contractor(s) agree as follows: 2. LOCATION: Contractor shall have exclusive rights to operate all Secondary School's ASB vending services for products in the Central Valley School District #356 as indicated above. A. Contractor shall perform and operate as directed by the Purchasing Manager. The philosophy of operation is that every effort will be made to ensure that the District and the Contractor mutually agree, but the District reserves the right to make decisions on substantial matters. B. Contractor and the School Principal shall agree on all vending items in conjunction with CVSD Nutrition Services . C. Contractor will make all purchases in its own name and shall not attempt, in any way, to bind the District in its contractual agreements. D. Request for modifications in Contractor's services shall be submitted for advance approval of the Purchasing Manager, which approval or disapproval shall not be unreasonably withheld. 3. PROVISIONS: A. The District shall provide Contractor with space and utilities for vending machines. B. Contractor shall be responsible for damage caused by its employees or vending machines and shall provide all routine vending machine maintenance at Contractor's expense. C. Contractor shall have reasonable access to the premises. Similarly, Contractor shall allow its successor such reasonable access to the premises during the thirty days immediately preceding the expiration of the term of this Agreement. All of the Contractor's requests for access to the premises shall be directed to and scheduled by the School Principal. D. Contractor shall, as a direct cost of operation, maintain a standard of housekeeping and sanitation in areas under its responsibility to the complete satisfaction of the District, state and governmental authorities, including the requirements of the Occupational Safety and Health Act and local health regulations. Housekeeping standards for all areas of operation shall be presented by Contractor on or before October 15th of each year, or such other date as may be mutually agreed, for review and approval by the School Principal. E. The District reserves the right to negotiate Contract changes. All changes must be signed by the Purchasing Manager or designee. BEVERAGE MACHINE CONTRACT: 2021/22, Extensions to 2025/26BID No. 491-21-05-B BID DUE BY: June 3, 2021, 2:00 P.M. Page 20 of 40 4. CONTRACTOR’S RESPONSIBILITIES INCLUDE: A. Direct all correspondence of a contractual nature to the Purchasing Manager. B. Provide all vehicles and vending equipment necessary in the conduct of operations at no cost to the District. The Contractor shall install vending machines adequate in size to provide continuous service. All vending machines shall be new or of a recent model so as to compare in appearance and performance with the best machine available. Each machine shall be approved as to installation and, insofar as practical, machines shall be of the same color and height. The District reserves the right to request that machines be removed or that additional machines be installed at existing or new locations as experience and conditions indicate, and that new variations of machines be installed as they become available. Title to vending machines shall remain at all times with the Contractor. C. Provide signs if required or as necessary, at no cost to the District and as approved by the School Principal or his/her designee. Contractor will mark machines in Braille or other requirements according to the Federal guidelines where necessary. D. At Contractor's expense, stock all vending machines with retail items at least weekly, but as many times per week as necessary to ensure continuous machine operation. E. Clean each machine when it is serviced and promptly clean all service areas and vending machines for spills on floors and equipment. Ensure proper cleanliness and care of the inside of vending equipment in Contractor's care and control. F. All vending machines must have the ability to accept both coins and bills (no foreign currency). Vending machines which have a credit/debit card reader must also have the ability to vend with both coins and bills.. G. Money will be collected at least weekly, and all change tubes will be stocked full with change when serviced. Collection records will be maintained for each separate machine. The District reserves the right to observe cash collections at its discretion. H. Garbage and trash removal to locations specified by the School Principal. I. Grounding of machines as necessary to comply with local electrical code. J. Contractor shall provide to the District Business Office a monthly operating statement as of the 20th business day of each month covering the past month's performance. Contractors shall provide individual monthly operating statements to each secondary school. K. Refunds to the ASB are on gross sales, therefore, the following examples will help clarify the proper calculation: SALES REFUND ACTUAL PRICE PERCENT REFUND AMT 1. $1.00 75% $0.75 2. $1.50 75% $1.125 L. The Contractor shall make provisions for retention of books, collection records, and documents at a reasonable place and at reasonable times. Contractor agrees that the District, or any of its duly authorized representatives, at any time during the term of this Agreement, shall have access to, and the right to audit and examine, any pertinent books, documents, papers, and records of Contractor related to Contractor's charges, payments, and performance under this Agreement. Such records shall be kept by Contractor for a period of three (3) years after final payment under this Agreement. M. Contractor may provide and install additional approved equipment only if requested in writing and approved in advance by the School Principal or his/her designee. N. Payment of all city, state and federal taxes (including sales tax) as applicable. O. Response time to correct machine maintenance shall be not more than four (4) hours during normal working hours. P. Reimbursement to patrons by machine service person for all money lost in machines, provided claim is reasonable. Directions for obtaining a refund must be affixed to each machine. Q. The Contractor shall place in the vending machines for vending only products which are fresh, pure, and fit for human consumption. BEVERAGE MACHINE CONTRACT: 2021/22, Extensions to 2025/26BID No. 491-21-05-B BID DUE BY: June 3, 2021, 2:00 P.M. Page 21 of 40 R. Contractor must have experience in vending operations. S. If the District requests additional vending equipment or the termination of service in certain areas, the commission rate for partial months involved will be pro-rated per gross sales. T. Ensure compliance with Sanitation and Industrial Hygiene practices cited herein. U. Contractor shall not drive on load bearing sidewalks and in this regard will be required to obtain current information concerning off road driving from the School Principal. V. The Contractor shall take under advisement the District's wishes regarding brand preference, design, and material specifications of items to be sold. W. The Contractor shall be alert to changing food service trends. As a result, the Contractor shall be expected to initiate ideas for varied methods of vending serving. By mutual agreement, the Contractor will implement these variations within the conditions of this contract. X. The Contractor shall be required to stock machines with flavors and brands of beverages as determined by the District. Y. Contractor will absorb losses for outdated, spoiled, unsold vending items. 5. FULL SERVICE VENDING: The Contractor shall furnish modern refrigerated, coin-operated dispensing machines capable of holding a variety of 12 oz. canned or bottled and/or 20 oz. bottled beverages; fill the machines with beverages as described herein; service the machines including refilling and repair; collect, count, and bank all receipts; and pay a commission based upon gross sales to the Business Office located at the district office, Learning and Teaching Center. A. The equipment must be capable of making change to the nearest five cents ($.05). Operable dollar bill validators must be available on each vending machine. B. Each machine installed shall have a non-resettable counter. Upon initial installation of the machines, the Contractor shall submit a starting machine counter number to the individual school/facility for each vending machine. Each monthly report shall show the ending counter number. C. The Contractor shall mail directly to the Business Office a record of all sales, by product, together with the commission payment made payable to the district on or before the twentieth (20th) day following the close of each month in which sales were made. This report must reflect at a minimum: the purchase price, quantity sold, gross sales, and commission total for each machine at each location and monthly grand total sales, quantity and district commission. D. Change for all vending machines on this program shall be provided by the Contractor. An agreed amount of change shall also be provided by the Contractor to each school/facility for purpose of making adjustments to customers as consequences of machine malfunction. E. In the event of any loss due to theft of money or merchandise from said vending machines, the loss shall be borne by the contractor. F. The District or any school/facility shall reserve the right at any time to require machines be removed, relocated, or additional machines installed at existing or new locations as conditions dictate. G. The successful bidder shall install additional vending machines as requested by the individual school/facility within 15 days after site request. H. Installation and removal of the machines shall be the responsibility of the Contractor at no additional cost to District or its schools/facilities. I. Approval to install machines and requests for installation will be through the individual school/facility as specified in the contract. The purchasing department shall be notified of all new machines installed prior to their installation by An email sent to the attention of the purchasing manager at billsantiago@cvsd.org. Emails should state the type of machine and product, district location, installation date, and the vendor contact name and number. BEVERAGE MACHINE CONTRACT: 2021/22, Extensions to 2025/26BID No. 491-21-05-B BID DUE BY: June 3, 2021, 2:00 P.M. Page 22 of 40 J. All dispensing equipment shall be UL listed, designed, constructed, installed, and operated in accordance with the standards of the National Sanitation Foundations, the National Automatic Merchandising Association, U.S. Public Health Service Vending of Food and Beverage Code, and the applicable WAC 296.24 General Safety and Health Standards. K. Machine timers shall be made available and installed by the vendor upon principal request at no additional cost to the district. L. Lights on machines may be turned off at the option of each principal. 6. DISTRICT’S RESPONSIBILITIES INCLUDE: A. Provide utilities to vending machines. Power will be available at the nearest wall box or stub outlet. Contractor will insure that exposed wires or piping will be eliminated. B. Mopping, scrubbing, and buffing floors, and cleaning windows and walls adjacent to the service area. C. Heavy maintenance on all utilities. D. Extermination services. E. The frequency of the services listed in (a) through (d) immediately above shall be determined by the School Principal. F. Agrees vending equipment will not be moved, loaned, sold, pledged or encumbered without the consent of the Contractor. G. If either party shall fail to perform its responsibilities specified above, and such failure shall continue for two (2) days after written notice given by the other party, such other party shall have the right either to perform such maintenance of housekeeping and to charge the cost of same to the party in default or to terminate this Agreement as otherwise provided for in this document. 7. REQUEST FOR PROPOSAL: During each year of this Agreement or any renewal thereof, Contractor shall pay the respective Associated Student Bodies of each school a monthly percent of all gross cash collected. Financial considerations are proposed as follows: A. Gross cash collected from all vending locations. B. By the tenth (10th) business day of each month, Contractor shall make a deposit of the cash for the prior month's sales by forwarding a check to the Associated Student Bodies of each school. C. Failure of (a) and (b) above are reason for cancellation of this contract. 8. STANDARD OF PERFORMANCE; INSPECTION: A. Contractor agrees to perform the services specified under this Agreement with that standard of care, skill, and diligence normally provided by a professional organization in the performance of such services. B. Contractor shall permit inspection of its operations in the service area at any time by the District to determine that standard of quality and cleanliness are being met. 9. SUPERVISION; COORDINATION: A. Contractor shall provide, at all times, adequate and expert managerial and administrative supervision for its employees in the service area. B. Associated Student Bodies may meet from time to time with the Contractor for constructive suggestions pertaining to the vending service operation. C. Contractor's performance may be evaluated by School Principals meeting from time to time during each year, and by the Purchasing Manager. It will be the responsibility of Contractor to respond, in writing if so requested, to inquiries, requests for changes, and recommendations. BEVERAGE MACHINE CONTRACT: 2021/22, Extensions to 2025/26BID No. 491-21-05-B BID DUE BY: June 3, 2021, 2:00 P.M. Page 23 of 40 10. PERSONNEL: A. Contractor agrees that, at all times, the employees of the Contractor furnishing or performing any of the services specified under this Agreement shall do so in a proper, workmanlike, and dignified manner. B. Contractor shall advise the Purchasing Manager or designee of the telephone numbers and addresses of management personnel and changes thereto as they occur. C. Contractor shall maintain roster sheets of all of Contractor's employees assigned to the District's premises. D. The District may, at any time or from time to time and for any reason whatsoever, notify Contractor that it no longer desires services performed by any one or more of Contractor's employees. In the event of such notification, Contractor shall consider prompt removal of such employee or employees from the District's premises and take immediate steps to insure that performance under this Agreement will not be reduced. 11. LABOR RELATIONS: Contractor agrees to take immediate and reasonable steps to maintain its provision of service under this Agreement in the event of any labor action involving their employees. 12. PRESENCE ON THE DISTRICT’S PREMISES: A. Contractor agrees that all persons working for or on behalf of Contractor whose duties bring them upon the District's premises shall obey the rules and regulations that are established by the District and shall comply with the reasonable directions of the District's Administrators. B. Contractor shall be responsible for the acts of its employees and agents while on the District premises. Accordingly, Contractor agrees to take all necessary measures to prevent injury and loss to persons or property located on the District's premises. Contractor shall be responsible for all damages to persons or property caused by Contractor or any of its agents or employees. Contractor shall promptly repair, to the specifications of the District's Maintenance supervisor, any damage that it, or its employees or agents, may cause to the District's premises or equipment; on Contractors failure to do so, the District may repair such damage and Contractor shall reimburse the District promptly for the cost of repair. The Contractor shall also be responsible for efficient energy use. C. Contractors handling District projects shall have a complete record check, including a fingerprint check through the Washington State Patrol and the Federal Bureau of Investigation, for any new employee who, in the course of the Contract, may "have regularly scheduled unsupervised access to children." Failure to comply shall be grounds for the District to immediately terminate the Contract. D. Contractor agrees that, in the event of an accident of any kind, Contractor will immediately notify the School Principal and thereafter furnish a full written report of such accident. E. Contractor shall perform the services contemplated in this Agreement without interfering in any way with activities of the District's faculty, students, staff, or visitors. F. Contractor shall not use or allow on the District's premises anything that will invalidate any policy of insurance now or hereafter carried on any of the District's property, or which may be dangerous, or which will cause an increase in the rate of fire insurance on the District's premises, nor do or permit anything tending to create a nuisance or injure the reputation of said premises. Contractor shall prevent the creation of any objectionable noise and the emission of offensive odors. G. Smoking is not allowed on any District property. H. Power shall be provided by Owner at existing connection points. I. Contractor and its employees or agents shall have the right to use only those facilities of the District that are necessary to perform services under this Agreement and shall have no right of access to any other facilities of the District. J. School building telephone may be used on a limited basis for essential business related calls only. Contact the building custodian to arrange for telephone usage. K. In no case shall Contractor receive personal calls on school building telephones. BEVERAGE MACHINE CONTRACT: 2021/22, Extensions to 2025/26BID No. 491-21-05-B BID DUE BY: June 3, 2021, 2:00 P.M. Page 24 of 40 L. Restrooms and drinking fountains are available at each site for use by Contractor employees. Contact custodian to arrange for usage. M. Contractor must clean up after himself. N. Contractor shall collect and legally dispose of all trash resulting from his work. O. Contractor shall not use Owner's receptacles or dumpsters. P. Trash and debris shall not be allowed to accumulate at any site. Q. Contractor personnel shall use on-site parking lots or street parking for personal vehicles. R. Contractor vehicles used for delivery and removal operations shall be driven or parked only where approved by Owner. BEVERAGE MACHINE CONTRACT: 2021/22, Extensions to 2025/26BID No. 491-21-05-B BID DUE BY: June 3, 2021, 2:00 P.M. Page 25 of 40 ABA GUIDELINES Where federal requirements don’t address standards for beverages, follow the American Beverage Association’s Guidelines. The current guidelines are: Elementary Schools • Bottled water • Up to 8 ounce servings of milk and 100% juice • Fat-free or low-fat regular and flavored milk and nutritionally equivalent (per USDA) milk alternatives with up to 150 calories/ 8 ounces • 100% juice with no added sweeteners, up to 120 calories / 8 ounces, and with at least 10% of the recommended daily value for three or more vitamins and minerals Middle School • Same as elementary school, except juice and milk may be sold in 10 ounce servings • As a practical matter, if middle school and high school students have shared access to areas on a common campus or in common buildings, then the school community has the option to adopt the high school standard High School • Bottled water • No- or low-calorie beverages with up to 10 calories / 8 ounces • Up to 12 ounce servings of milk, 100% juice and certain other drinks • Fat-free or low-fat regular and flavored milk and nutritionally equivalent (per USDA) milk alternatives with up to 150 calories / 8 ounces* • 100% juice with no added sweeteners, up to 120 calories / 8 ounces, and with at least 10% of the recommended daily value for three or more vitamins and minerals • Other drinks with no more than 66 calories / 8 ounces • At least 50% of non-milk beverages must be water and no- or low-calorie options Time of Day • These guidelines apply to all beverages sold on school grounds during the regular and extended school day. • The extended school day includes before and after school activities like clubs, yearbook, band, student government, drama and childcare/latchkey programs. • These guidelines do not apply to school-related events where parents and other adults are part of an audience or are selling beverages as boosters during intermission, as well as immediately before or after an event. Examples of these events include school plays and band concerts. BEVERAGE MACHINE CONTRACT: 2021/22, Extensions to 2025/26BID No. 491-21-05-B BID DUE BY: June 3, 2021, 2:00 P.M. Page 26 of 40 PRODUCTS NOTE: Submit this document with your Bid Proposal. FIRM NAME: _____________________________ A. CARBONATED (SUGARED AND DIET) SOFT DRINKS: Fixed Retail Vending Price: $1.25, $1.50, and/or $1.75 Description Carbonated Soft Drink Products, Twist Top Bottle, not to exceed 20 oz. or meet current federal requirements. List Brand Name Packaging Size Additional Information 1. _________________ _________________ ______________________________ 2. _________________ _________________ ______________________________ 3. _________________ _________________ ______________________________ 4. _________________ _________________ ______________________________ 5. _________________ _________________ ______________________________ 6. _________________ _________________ ______________________________ 7. _________________ _________________ ______________________________ 8. _________________ _________________ ______________________________ 9. _________________ _________________ ______________________________ 10. _________________ _________________ ______________________________ 11. _________________ _________________ ______________________________ 12. _________________ _________________ ______________________________ 13. _________________ _________________ ______________________________ 14. _________________ _________________ ______________________________ Identify your top five selling product flavors based on your sales history listing 1 as the top seller through 5. 1. ________________________________ 2. ________________________________ 3. ________________________________ 4. ________________________________ 5. ________________________________ BEVERAGE MACHINE CONTRACT: 2021/22, Extensions to 2025/26BID No. 491-21-05-B BID DUE BY: June 3, 2021, 2:00 P.M. Page 27 of 40 NOTE: Submit this document with your Bid Proposal. FIRM NAME: _____________________________ B. 50% - 100 % JUICE PRODUCTS: Fixed Retail Vending Price: $1.25, $1.50, and/or $1.75 Description 50% - 100% Juice Products (Juice with no additive sweetening) not to exceed 20 oz. or meet current federal requirements. List Brand Name Packaging Size Additional Information 1. _________________ _________________ ______________________________ 2. _________________ _________________ ______________________________ 3. _________________ _________________ ______________________________ 4. _________________ _________________ ______________________________ 5. _________________ _________________ ______________________________ 6. _________________ _________________ ______________________________ 7. _________________ _________________ ______________________________ 8. _________________ _________________ ______________________________ 9. _________________ _________________ ______________________________ 10. _________________ _________________ ______________________________ 11. _________________ _________________ ______________________________ 12. _________________ _________________ ______________________________ 13. _________________ _________________ ______________________________ 14. _________________ _________________ ______________________________ Identify your top five selling product flavors based on your sales history listing 1 as the top seller through 5. 1. ________________________________ 2. ________________________________ 3. ________________________________ 4. ________________________________ 5. ________________________________ BEVERAGE MACHINE CONTRACT: 2021/22, Extensions to 2025/26BID No. 491-21-05-B BID DUE BY: June 3, 2021, 2:00 P.M. Page 28 of 40 NOTE: Submit this document with your Bid Proposal. FIRM NAME: _____________________________ C. WATER: Fixed Retail Vending Price: $1.25, $1.50, and/or $1.75 Description Water, not to exceed 20 oz. (not to exceed 25 calories per 8 oz.; no unapproved herbs or nutritional supplements) or meet current federal requirements. List Brand Name Packaging Size Additional Information 1. _________________ _________________ ______________________________ 2. _________________ _________________ ______________________________ 3. _________________ _________________ ______________________________ 4. _________________ _________________ ______________________________ 5. _________________ _________________ ______________________________ 6. _________________ _________________ ______________________________ 7. _________________ _________________ ______________________________ 8. _________________ _____________