-23 Districtwide Beverage Vending

RFP 23-23 District Wide Beverage Vending Provision of Product, Service, Management and Audit, Page 1 PURCHASING DEPARTMENT, ROOM 137 1126 RUSSELL CAVE ROAD LEXINGTON, KY 40505 www.fcps.net/bids Request for Proposals Number and Title Department RFP 23-23 District Wide Beverage Vending Provision of Product, Service, Management and Audit Districtwide Due Date/Time: Term of Contract April 14, 2023 by 2:00 PM Local Time (EST) July 1, 2023 – June 30, 2024 FCPS now uses Vendor Registry for all of our Bids and RFPs. Any notifications, including amendments to bids, post bid award notices and future bid advertisements, will be made through Vendor Registry. Please register as a vendor by following the link at www.fcps.net/bids and keep your profile updated to insure you are up to date on all FCPS Bids. You must follow the link above in order to not be

charged by Vendor Registry. ______________________________________________________________________________ Firm Name _____________________________________________ ______________________________ Address City/State/Zip _____________________________________________ ______________________________ Telephone/Fax Email ________/_____/____________ or __________/__________________ Social Security Number Employer Identification Number http://www.fcps.net/bids http://www.fcps.net/bids RFP 23-23 District Wide Beverage Vending Provision of Product, Service, Management and Audit, Page 2 THE GENERAL TERMS AND CONDITIONS, THE RFP DOCUMENT, AND A SUCCESSFUL OFFEROR’S RESPONSE CONSTITUTE THE FINAL CONTRACT/AGREEMENT BETWEEN FCPS AND OFFEROR. NO CONTRACT/ AGREEMENT TERMS REQUIRED BY BIDDER WILL BE CONSIDERED BY FCPS THAT ARE NOT SUBMITTED WITHIN THE RESPONSE. A SUCCESSFUL OFFEROR UNDERSTANDS AND ACCEPTS THIS AS ESSENTIAL TO THE AWARD OF THE RFP. A SUCCESSFUL OFFEROR WHO SUBMITS ANY SUBSEQUENT DOCUMENT FOR FCPS TO ACCEPT/SIGN UNDERSTANDS AND AGREES THAT THIS WILL NOT BE CONSIDERED OR ACCEPTED BY FCPS. FOLLOWING THE SUBMISSION OF A RESPONSE AND THE AWARD OF THE RFP SHOULD A SUCCESSFUL OFFEROR TAKE THE POSITION THAT AN ADDITIONAL DOCUMENT WITH ADDITIONAL TERMS IS REQUIRED FOR A SUCCESSFUL OFFEROR TO COMPLY WITH TERMS OF THE RFP, THE RFP AWARD SHALL BE CONSIDERED VOID AND OFFEROR MAY BE DEBARRED FROM FUTURE WORK WITH FCPS. CERTIFICATE MUST BE EXECUTED BY OFFEROR/ PROPOSING FIRM In compliance with this Request for Proposals (RFP), in consideration of the detailed description attached hereto and subject to all conditions thereof, the undersigned agrees, if this bid is accepted, to furnish any or all of the items and services upon which prices are quoted in accordance with the specifications listed herein. Contractor agrees to furnish and deliver all items/services set forth or otherwise identified in document and on any additional sheets subject to the terms and conditions herein. To be signed by offeror: Company Name ___________________________ Name _______________________________ Title _____________________________ Signature _____________________________________________ _____________________________________________________________________________ Acceptance (to be signed if awarded contract) Board of Education of Fayette County Kentucky _______________________________ ________________ Dr. Demetrus Liggins, Superintendent Date RFP 23-23 District Wide Beverage Vending Provision of Product, Service, Management and Audit, Page 3 General Terms and Conditions 1. Offerors are advised that any contract resulting from this solicitation must comply with all applicable provisions of KRS 45A and other statutes and policies noted in this solicitation. 2. Model Procurement Regulations adopted by the Fayette County Board of Education shall be deemed incorporated by reference in all specifications as though quoted fully herein. 3. The Fayette County Board of Education (Board) implemented revised procedures as of July 1, 2016 for the submittal of bids and proposals. In all Fayette County Public School (FCPS) bidding procedures, all potential offerors that will be using subcontractors are to engage in specifically defined efforts with the Department of Economic Development to include minority-owned and women-owned business contractors, subcontractors, vendors and suppliers. 4. FCPS Department of Economic Development and Purchasing Department are available to assist and provide a listing, upon request, of certified minority-owned and women-owned business enterprises (MWBE). Offerors may consult the list for inclusion of subcontractors currently participating with the offeror. The list is not all-inclusive and may contain only the names of businesses that have self registered with the Board and have become approved contractors or vendors by contacting either Department of Economic Development, Division of Physical Support and Purchasing Department and are MBE certified. Offerors may use other properly certified MWBE subcontractors as long as proper certification is provided. 5. When line item pricing is requested, prices must be stated in units of quantity as specified and extended in total column for each item and/or lot. Proposal prices must include transportation and delivery/service to the warehouse or building as specified. 6. To receive consideration proposals must be received prior to time designated in this solicitation. None shall be accepted thereafter. 7. An officer or member of the proposing firm authorized to legally bind the firm must sign the bid/proposal. 8. The Board of Education reserves the right to accept any bid/proposal, to reject any or all bids/proposals, to waive any irregularities or informalities in bids/proposals received where such acceptance, rejection or waiver is considered to be in its best interest. The Board of Education reserves the right to award by item, combination of items or lot. The Board of Education also reserves the right to reject any bid/proposal where evidence or information submitted by the bidder does not provide satisfactory proof that the bidder is qualified to carry out the details of the contract. 9. By submitting a bid/proposal in response to this solicitation, the respondent accepts the evaluation process and methodology, as well as acknowledges and accepts that the https://my.fcps.net/media/7392/vendorrequestex.pdf http://www.fcps.net/administration/departments/economic-development http://www.fcps.net/administration/departments/physical-support http://www.fcps.net/administration/departments/physical-support RFP 23-23 District Wide Beverage Vending Provision of Product, Service, Management and Audit, Page 4 determination of "the most qualified and capable" firm(s) will require subjective judgments by the Fayette County Board of Education. 10. Proposals are effective for sixty (60) days from date of closing unless otherwise specified in conditions of bidding and general specifications. 11. Manufacturer’s catalog numbers, trade names, etc., where shown herein are for descriptive purposes to guide the offeror in interpreting the standard of quality, design and performance desired, and should not be construed to exclude proposals based on furnishing other types of materials or service. However, any substitution or departure proposed by offeror must be clearly noted and described. Otherwise it is understood that offeror intends to supply items specifically mentioned in this solicitation. FCPS reserves the right to determine if materials offered are the type and quality required. 12. Samples requested must be furnished free of expense to the Board. If not destroyed or consumed in testing or evaluating, or required in connection with the award, samples will upon request be returned at offeror’s expense. Right is reserved to mutilate or destroy any samples if considered necessary for testing purposes. 13. If awarded an order or contract, offeror agrees to protect, defend and save harmless The Board from suits or demands for payment that may be brought against it for the use of any patented materials, process, article or device that may enter into the manufacture, construction or form a part of the work covered by either order or contract. Offeror further agrees to indemnify and save harmless The Board from suits or actions of every nature and description brought against it for, or on account of injuries or damages received or sustained by any party or parties by, or for any acts of the offeror, his servants or agents. 14. The Board is not required to pay federal excise taxes or Kentucky Sales and Use Taxes. Proposals must be priced accordingly and reflect no sales tax to FCPS. 15. Offerors remain liable for applicable taxes on construction and/or furnish-and-install contracts for FCPS. Adjustments and allowances for any applicable taxes shall be provided for in the bid amount. Later adjustments to the Contract Sum shall not be permitted and/or made on this basis by FCPS. 16. Parties to this agreement are solely responsible for costs incurred in fulfilling obligations under this agreement unless otherwise provided in this agreement. No party shall have any claim against the other party for reimbursement of such costs, unless said costs are attributable to enforcing compliance under this agreement or seeking redress from the other party’s default under this agreement. 17. If any section, paragraph or clause of this contract is held invalid by any court of competent jurisdiction, the invalidity of said section, paragraph or clause shall not affect any remaining provisions herein. 18. Venue for any legal action filed concerning this contract is Fayette County, Kentucky. RFP 23-23 District Wide Beverage Vending Provision of Product, Service, Management and Audit, Page 5 19. Parties shall not discriminate in any of the services performed in connection with this contract on the basis of race, color, national origin, sex, genetic information, disability, religion, age, political affiliation, sexual orientation or gender identity. 20. K45A.455 PROHIBITS CONFLICTS OF INTEREST, GRATUITIES AND KICKBACKS TO EMPLOYEES OF THE BOARD IN CONNECTION WITH CONTRACTS FOR SUPPLIES OR SERVICES WHETHER DIRECT OR INDIRECT. 21. KRS 45A.990 PROVIDES SEVERE PENALTIES FOR VIOLATIONS OF LAWS RELATING TO GRATUITIES OR KICKBACKS TO EMPLOYEES DESIGNED TO SECURE A PUBLIC CONTRACT FOR SUPPLIES OR SERVICES. 22. Any addendums or updates to the solicitation will be posted on the district web site. It is the offeror’s responsibility to check the website for any updates. 23. To be eligible for a contract consideration with FCPS, all companies with nexus in Lexington, Kentucky must be current on all filings and payments of Occupational License and Net Profits Tax for Schools. If it is determined that you are not current on all filings and payments, your bid may be rejected or your contract canceled for noncompliance. For additional information regarding the Occupational License Tax, please visit our website at www.fcps.net/tax. 24. All responses to this solicitation become the exclusive property of FCPS. All proposals received in response to this solicitation become a matter of public record and shall be regarded as public records, with the exception of, as required by KRS 61.878(1)(c)(1), those elements in each bid which are defined by the offeror as business or trade secrets and plainly marked as “Confidential,” “Trade Secret,” or “Proprietary.” FCPS shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof if they are not plainly marked as “Confidential,” “Trade Secret,” or “Proprietary” or if disclosure is required under Kentucky Revised Statutes Chapter 61. Any proposal which contains language purporting to render all or significant portions of the proposal “Confidential,” “Trade Secret,” or “Proprietary” may be regarded as non-responsive. Although KRS 61.878(1)(c)(1) recognizes that certain confidential trade secret information may be protected from disclosure, FCPS may not accept or approve that the information that a offeror submits is a trade secret. If a request is made for information marked “Confidential,” “Trade Secret,” or “Proprietary,” and FCPS does not believe that the information is a trade secret, FCPS shall provide the proposer who submitted the information with reasonable notice to allow the proposer to seek protection from disclosure by a court of competent jurisdiction. 25. To meet Kentucky Revised Statutes 45A.430 and 45A.435 purchase orders for construction that are issued that are under $100,000.00 will not require a bond. Purchase Orders issued that exceed $100,000.00 will require the contractor to bond. No work shall begin until the offeror has a FCPS issued Purchase Order in hand and has delivered the required Performance and Payment bond to the Department that issued the Purchase Order. http://www.fcps.net/tax RFP 23-23 District Wide Beverage Vending Provision of Product, Service, Management and Audit, Page 6 26. The offeror agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. 7401 et seq. The Offeror agrees to report each violation to the USDA and the appropriate EPA Regional Office. 27. The Offeror agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq. The Offeror agrees to report each violation to the USDA and the appropriate EPA Regional Office. 28. The bidder certifies that it has read and will comply with the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) 29. By submitting a bid/proposal, the offeror is indicating that they have read, understand and agree to all terms, conditions and specifications outlined in this proposal. 30. Each proposer by submission of bid/proposal releases Fayette County Public Schools, its Board of Education, employees and agents from any claims arising out of, or in any way related to, the bid/RFP process and the selection of provider. 31. Past Offeror Performance may be considered in the award of this Contract. Offerors with a record of poor performance with the school district in the last 24 months may be found non- responsible and ineligible for award. 32. Modifications, additions or changes to the terms and conditions of this solicitation may be cause for rejection of the proposal. Offerors are requested to submit proposals on FCPS official forms. Proposals submitted on company forms may be rejected. 33. Successful offeror shall provide to the Fayette County Board of Education an invoice for supplies/services rendered under this contract and any agreed upon expenses to be reimbursed. Unless otherwise stated, travel and per diem shall be reimbursed based upon the district’s current travel policies. 34. Payments for bid items are normally approved at the regularly scheduled meeting of the Board on the fourth Monday of most months provided bid items and invoices are properly received by the first Monday of the month. However, payments may be made early to take advantage of cash discounts offered provided the taking of such discounts is advantageous to FCPS. 35. Sole proprietors or partnerships must supply Taxpayer Identification Numbers with proposal. Corporations are excluded from this requirement. 36. If there is a conflict between the terms of this document and any document submitted by the offeror the RFP document takes precedence. 37. Offeror agrees to abide by any reasonable request made by FCPS Administration regarding implementation of this contract. 38. FCPS reserves the right to cancel contract if in the staff’s opinion the offeror’s work is unsatisfactory, their ability to meet completion schedules is unsatisfactory or billing is found RFP 23-23 District Wide Beverage Vending Provision of Product, Service, Management and Audit, Page 7 to be excessive for work performed. Offeror may terminate the contract if FCPS fails to meet the specified payment terms. 39. Either party shall have the right to terminate this agreement at any time upon a fourteen (14) day written notice, either personally delivered or served by some form of return receipt mail evidencing delivery, to the other party. 40. Successor in Interest or Contractor Name Changes No assignment of this contract without specific, written pre-approval of FCPS. Failure to get this written, pre-approval by FCPS shall VOID the assignment and the contractor on this contract shall remain responsible for continued compliance with terms of this RFP/response. 41. Offeror Initiated Requirements Requirements that the offeror has or shall need if awarded the contract must be provided as part of the proposal response. 42. Additionally, offeror shall provide documents necessary to initiate a contractual relationship between the offeror and FCPS. Conflicts that exist with the content of this RFP, board policy or regulation and offeror initiated requirements may result in the rejection of the proposal. 43. Contract may be renewed for four additional one (1)-year terms, up to a total of five (5) years subject to approval of both The Board and successful offeror. Contract prices and discounts shall remain in effect for the entire contract and any agreed upon contract extensions, however additional discounts and/or special pricing are encouraged and may be accepted when consistent with other terms and conditions of the contract. If contract prices are changed during the renewal, offeror must provide new pricing and include sufficient reasoning for the price increase at least 60 days prior to the expiration of the contract. 44. This contract may be re-negotiated based upon, but not limited to, increases in services to participants. Any modifications shall be agreed to in writing and signed by both parties. 45. The staff providing services to the Board herein are employees of the Second Party and shall not represent to anyone that they are employees or agents of the Board. 46. Consumption of alcohol or drugs or being under the influence of alcohol or drugs, use of tobacco products or possession of firearms while on a job for FCPS by any worker is strictly prohibited. Any contractor, subcontractor or person working for the contractor or subcontractor who violates rules regarding alcohol, drugs, tobacco products or firearms is subject to immediate removal from the job site. Violation of rules is considered a breach of contract between the contractor and FCPS and may lead to the termination of said contract FOR CAUSE by FCPS. 47. FCPS does not discriminate on the basis of sex in the educational programs or activities that it operates, and is required by Title IX of the Education Amendments of 1972 (P.L. 92-318) to not discriminate in such a manner. Further, FCPS does not discriminate on the basis of disabling condition, in treatment, admission or access to, or employment in its programs or RFP 23-23 District Wide Beverage Vending Provision of Product, Service, Management and Audit, Page 8 activities as required by the Rehabilitation Act of 1973 (P.L. 93-112), as amended, Section 504. Nor does FCPS discriminate on the basis of race, color, national origin, sex, genetic information, disability, religion, age, political affiliation, sexual orientation or gender identity in the education programs or activities it operates. 48. Suspension and Debarment The Offeror understands that a contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” By signing and submitting its bid or proposal, the offeror or proposer certifies as follows: The certification in this clause is a material of fact relied upon by FCPS. If it is later determined that the offeror or proposer knowingly rendered an erroneous certification, in addition to remedies available to FCPS, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The offeror or proposer agrees to comply with the requirements of 2 CFR 180.220 while this offer is valid and throughout the period of any contract that may arise from this offer. The offeror or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 49. Purchases by other Kentucky Government Entities: Any government entity in Kentucky shall have the option of making purchases from a contract executed under this solicitation when such actions are agreed to by the awarded vendor(s). FCPS will not be responsible for payment of any purchases by another government entity. 50. State law requires a contractor that is providing services to students on a regularly scheduled and continuing basis to submit to a state criminal history background check by the Department of Kentucky State Police and the Federal Bureau of Investigation and have a letter, provided by the individual, from the Cabinet for Health and Family Services stating the individual is clear to hire based on no findings of substantiated child abuse or neglect found through a background check of child abuse and neglect records maintained by the Cabinet for Health and Family Services. Prior to the provision of services by any contractor/sub-contractor, contractor agrees to obtain and submit a current KY State Police and FBI background check and a have a letter provided by the Cabinet for Health and Family Services Child Abuse and Neglect per KRS160.380. The provider will contact the FCPS Human Resources Department Application Center to initiate this process or submit these documents if obtained elsewhere. A fee of $40 for the State/FBI check and $10 for the Child Abuse and Neglect letter will apply and the cost will be the responsibility of the contractor when having FCPS run the reports. This fee can be paid via check or money order made out to Fayette County Public Schools. Existing background checks within one year will be accepted, with the RFP 23-23 District Wide Beverage Vending Provision of Product, Service, Management and Audit, Page 9 approval from FCPS Human Resources department. If there is a break in service, a new background check must be completed. Purchases by FCPS Food Service 51. “Domestic Commodity or Product” are defined as an agricultural commodity that is produced in the United States and a food product that is processed in the United States using substantial agricultural commodities that are produced in the United States. 52. “Substantial” means that over 51% of the final processed product consists of agricultural commodities that were grown domestically. 53. Products from Guam, American Samoa, Virgin Islands, Puerto Rico, and the Northern Mariana Islands are allowed under this provision as territories of the United States. 54. The Buy American provision (7 CFR Part 210.21 (d)) is one of the procurement standards SFAs must comply with when purchasing commercial food products served in the school meals programs. 55. Buy American: Schools participating in the federal school meal programs are required to purchase domestic commodities and products for school meals to the maximum extent practicable. Domestic commodity or product means and agricultural commodity that is produced in the US and a food product that is processed in the US substantially (at least 51 percent) using agricultural commodities that are produced in the US. 56. Federal regulations require that all foods purchased for Child Nutrition Program be of domestic origin to the maximum extent practicable. While rare, two (2) exceptions may exist when: 57. The product is not produced or manufactured in the US in sufficient, reasonable and available quantities of a satisfactory quality, such as bananas or pineapple; and 58. Competitive proposals reveal the cost of a domestic product is significantly higher than a non-domestic product. 59. All products that are normally purchased by Distributor as non-domestic and proposed as part of this solicitation must be identified with the country of origin. Distributor shall outline their procedures to notify School when products are purchased as non-domestic. 60. Any substitution of a non-domestic product for a domestic product (which was originally part of a solicitation), must be approved, in writing, by the Food Service Director, prior to the delivery of the product to the School. Any non-domestic product delivered to the School, without the prior, written approval of the Food Service Director, will be rejected. 61. Distributor must affirm their willingness to assert their best and reasonable efforts to ensure compliance with this federal rule. RFP 23-23 District Wide Beverage Vending Provision of Product, Service, Management and Audit, Page 10 Special Conditions and Specifications 1. All questions must be submitted in writing through Vendor Registry no later than the deadline listed in the anticipated timeline on Page 15. 2. Proposals submission instructions: Hard Copy Submission Proposal must be delivered to: FCPS Purchasing Department 1126 Russell Cave Road, Rm 137 Lexington, KY 40505 Proposals may be returned by United States Postal Service, hand delivered or by any commercial carrier. Please note the Purchasing office is in a separate building from the district mail room and there could be a delay in getting responses sent by mail. It is not recommended to overnight responses as they may not arrive by the deadline. It is the company’s responsibility to ensure the proposal arrives at the specified location by the date and time of the bid opening. Proposals should not be addressed to a specific person. The FCPS Purchasing Office is closed and does not accept mail, commercial carriers or hand delivered bids on weekends and Holidays. Regular hours are 7:00AM to 3:00PM Eastern Time. Hard copy should include a USB flash drive with a digital copy included on the drive. Online Submission Proposals may also be submitted online at Vendor Registry. It is recommended if submitting proposals through Vendor Registry that time is allowed for the upload of the document. Electronic submissions that are late due to poor internet connection or technical difficulties related to the Vendor Registry portal shall not be considered. It is recommended that digital responses be submitted early enough to avoid these type of issues. It is the company’s responsibility to ensure the proposal has been received by the date and time of the closing of proposals. 3. Late proposals Any proposals received after the due date and time listed on the cover page shall be considered a late proposal. A late proposal shall not be considered for award except under the following conditions only: 3.1. The proposal was sent by mail and it is determined by the Purchasing Department that the late receipt was due solely to the mishandling by FCPS after receipt at the address specified in the solicitation. RFP 23-23 District Wide Beverage Vending Provision of Product, Service, Management and Audit, Page 11 3.2. If an emergency or unanticipated event or closing interrupts or suspends normal FCPS business operations so that proposals cannot be received at the FCPS Purchasing Office by the due date stated on the cover page, the due date/time specified will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal FCPS business operations resume. 3.3. The official time used for receipt of proposals is the satellite clock located in the conference room 131 where bid openings are regularly held. This clock is connected by satellite to be the official time of the United States as determined by the National Institute of Standards and Technology (NIST) and U. S. Naval Observatory (USNO). 4. There will not be a public bid opening. Results of the RFP will be posted upon award. 5. Contract is effective with a preferred beginning date of July 1, 2023 or date of Board approval (whichever is later) through June 30, 2024. Contract may be renewed for four additional one (1)-year terms, up to a total of five (5) years subject to approval of both The Board and successful offeror. Contract prices and discounts shall remain in effect for the entire contract and any agreed upon contract extensions, however additional discounts and/or special pricing are encouraged and may be accepted when consistent with other terms and conditions of the contract. If contract prices are changed during the renewal, offeror must provide new pricing and include sufficient reasoning for the price increase at least 60 days prior to the expiration of the contract. 6. Fuel Surcharges and other similar charges are not permitted 7. Past Offeror Performance may be considered in the award of this Contract. Offerors with a record of poor performance with the school district in the last 24 months may be found non-responsible and ineligible for award. 8. The RFP shall be awarded to the responsible and responsive offeror(s) as defined in KRS 45A.345, providing the best value. RFP may be awarded to multiple offerors if in the best interest of the district. In determining the best value the following criteria shall be considered: POINTS CRITERIA 400 Technical Proposal 600 Cost Proposal 9. Prices quoted must have decimal point located in the correct position to separate dollars from cents. Bid prices where the decimal point is omitted shall be calculated as dollar amounts. 10. RFP may be awarded based on initial offers/proposals and competitive negotiation may not be used. Fayette County Public Schools reserves the right to award a contract(s) based on individual tasks as outlined in the Scope of Work or in its entirety. RFP 23-23 District Wide Beverage Vending Provision of Product, Service, Management and Audit, Page 12 11. Erasures or the use of typewriter correction fluid on proposal forms are unacceptable and may result in rejection of the proposal. Prior to submission or openings, errors may be crossed out, corrections entered and initialed by the person signing the proposal. 12. Successful offerors shall provide two (2) copies for Safety Data Sheet (SDS) on material covered by OSHA Standard 1910.1200 upon request as a condition of purchase. 13. It is the policy of the Board that no asbestos-containing materials are to be purchased by the school system, supplied by any person supplying to the school system, or installed in or on school property by any person performing work for the school system. Furthermore, all products marked “May Contain Mineral Fibers” will be presumed to contain asbestos unless the manufacturer provides written certification or Safety Data Sheet (SDS) that no asbestos fibers are present in the product and identifies the fibers for which the product is marked or the supplier presents valid analysis data from an NVLAP-or AIHA-certified laboratory that the material does not contain asbestos. 14. Termination for Default Either the Purchasing Agent or the Superintendent, as the case may require, may make a written determination that a contractor is in breach of any of the terms and conditions of an existing contract. Said determination shall state that the contractor shall have a period of five (5) working days within which to cure the breach. A copy of said determination shall be filed in the contract file and another copy of said determination shall be forwarded to the contractor in breach of the contract. Upon receipt of said determination the contractor shall make all good faith efforts to comply with all terms and conditions of the contract and to cure the breach. Alternatively, the contractor may submit a written statement admitting default in breach of the contract. At such time the contract shall be deemed immediately terminated and all rights and obligations there under shall be terminated. Upon receipt of the contractor’s admission of default and breach or upon the contractor’s failure to cure said breach within five (5) working days of the issuance of the written determination, FCPS shall procure a substitute contractor which shall operate under the remainder of the existing contract breached by the contractor. The original contractor shall be liable for any and all excess costs incurred in the procurement of the substitute contractor. 15. Offeror must furnish all necessary insurance such as: Workers’ Compensation and Employer’s Liability Public Liability $1,000,000.00 minimum Property Damage $1,000,000.00 minimum. A Certificate of Insurance should be included with proposal. RFP 23-23 District Wide Beverage Vending Provision of Product, Service, Management and Audit, Page 13 CHECKLIST OF ITEMS TO INCLUDE WITH PROPOSAL SUBMISSION _______ Cover page completed _______ Name and signature on Page 2 _______ Taxpayer Identification Number (if not a Corporation) _______ Technical Proposal _______ References _______ Cost Proposal _______ Resident Bidder Affidavit if declaring Resident Bidder Status _______ All Attachments requested in RFP on pages 20 and 21 _______ Completed W9 form _______ Proof of Insurance Does your company allow EFT? Yes ____ No ____ If yes please send a completed EFT Authorization Form to our Accounts Payable Department upon award of bid. Thank you for providing this information: 1. [ ] Yes I am a minority owned business. Certified [ ] Not Certified [ ] [ ] No If “yes” please identify type: African American [ ] Hispanic American [ ] Asian Pacific Islander [ ] Native American [ ] 2. [ ] Yes I am a woman owned business. Certified [ ] Not Certified [ ] [ ] No If “yes” and certified please include a copy of certification. 3. [ ] Yes I am current employee of the Fayette County Public Schools or a retiree of any [ ] No KY School District? RFP 23-23 District Wide Beverage Vending Provision of Product, Service, Management and Audit, Page 14 ANTICIPATED TIMELINE Date Event March 22, 2023 Release RFP March 30, 2023 Deadline for RFP questions April 14, 2023 Proposals due May 22, 2023 FCPS Board meeting for approval of contract (if applicable) July 1, 2023 Preferred Contract start date SCOPE OF WORK OBJECTIVES Fayette County Public Schools (FCPS) district is requesting a proposal to provide Beverage vending services to school sites and support locations, such as Transportation Garages, Central Office, Maintenance, and Warehouse buildings in the Lexington, Kentucky, area. The district is a large urban school district and has approximately, 41,500 students divided into six (6) high schools, twelve (12) middle schools, three (3) technical schools, twelve (12) other academic and alternative programs, and remainder divided among thirty seven (37) elementary schools, plus ancillary administrative sites. Fayette County is the second largest school district in the state of Kentucky and employs over 5,000 persons. NOTE that new replacement schools may open during this contract period, and the functions of current schools may change over this time period, per Board of Education direction. FCPS philosophy/goal is to provide nutritious choices in keeping with national and state regulations in treating children needs as a whole in student achievement. Product marketing, placement, pricing, and promotional campaigns to promote physical activity and educational awareness of total fitness by its vendors is welcomed as a community partner in its efforts to further student achievement. FCPS philosophy is generally defined as water options, 100% fruit juices and other no or low calorie beverages. Attachment 2 is a list of defined products. DISTRICT INFORMATION Name: Fayette County Public Schools Address: 1126 Russell Cave Rd Lexington, Kentucky 40505 (859) 381-4100 District Liaison: Matthew Moore, (859) 381-3885 RFP 23-23 District Wide Beverage Vending Provision of Product, Service, Management and Audit, Page 15 Scope of work and specifications 1) The scope of this Request for Proposal does NOT INCLUDE Food or Snacks. 2) Audit scope and subsequent vending management is directed toward surveying vending environment in facilities to ensure that, the vending program is meeting users’ needs at each site. Equipment is adequate and in good condition throughout the district (generally defined as machines less than 6 years old, energy efficient preferred), issues related to safety and equity throughout the district are addressed, and efforts are made to maximize profitability for each school site. Subcontracting MAY be allowed only with the prior written approval of FCPS. Assignment of contract can only be made with the prior written approval of FCPS. At time of assignment (or direct or indirect transfer of ownership of selected vendor company), any outstanding balances (including current or future exclusivity payments, current or past due annual payments, and current or past period commissions) shall be considered due and payable immediately to FCPS. Payment to FCPS must occur concurrent with said changes to ownership, or this contract may be considered voided at the discretion of FCPS, without presumption of damage from FCPS to selected vendor. 3) There shall be uniform product pricing across all machines district wide. In no case shall the Retail price of a product in a machine exceed any pre-stamped or pre-priced Manufacturer’s Suggested Retail Price. 4) Selected vendor shall provide a prompt service program with a 24-hour service turnaround on problems. A detailed flowchart of vendor’s dispatch procedures and vendor’s internal management structure shall be included. The proposal shall also include the process and procedure for refunding money lost in machines. 5) Comprehensive, detailed report information must be provided monthly (electronic format) with commission deposited into FCPS bank account reports sent to the appropriate FCPS liaison within thirty days of receipt of funds by selected vendor (i.e., on a monthly basis). Delivery invoices shall be provided to FCPS schools on a monthly basis. Vendor shall provide FCPS with a detailed report of all machines utilized in this proposal no later than 30 days from the commencement date of this RFP (including machine, type, model and serial numbers, and approximate age). Vending database for reports should provide complete detailed information that identifies each machine, type, sales, income, service calls and collection history. Failure to provide such reporting on a monthly basis shall result in a fine of not less than $100 per machine per day payable to FCPS. 6) Selected vendor must provide and monitor a consistent and standardized vending program throughout the district that addresses all safety and licensing issues, and provides for all insurance and accounting requirements. The selected vendor along with a designated FCPS employee may conduct spot audits during the year. The selected vendor shall meet on a quarterly basis with the FCPS liaison for the purpose of reviewing data and terms and conditions of this contract. RFP 23-23 District Wide Beverage Vending Provision of Product, Service, Management and Audit, Page 16 7) Local building control shall be provided through each building administrator. Each principal, department supervisor, or budget manager shall make all decisions regarding placement of equipment, access to building, and operation hours, as long as such acts do not violate any FCPS district, state, or federal policies in Kentucky. At any time, building control of machines, locations, and contents ultimately fall under the auspices of principals, or on-site supervisor. 8) The selected vendor shall indicate the method of determining intervals for replenishing supplies. Two weeks after the bid is awarded the selected vendor shall provide FCPS with a proposed route schedule. 9) Submit the proposal and information on the proposal form page attachments, with the blank spaces filled in for each and every item. Only Attachments 14 and 15 may include information necessary to describe the selected vendor’s features, benefits, requirements, exclusions, charges, and definitions, beyond the blank spaces on attachments as presented. 10) FCPS reserves the right to reject any or all proposals and to waive any informality. No oral agreements shall be honored or authorized by FCPS. 11) At the conclusion and/or termination of this contract (for any reason), the selected vendor shall have a window of two (2) weeks to remove its equipment from all FCPS sites. Failure to provide for said removal of machines shall result in a fine of not less than $100 per machine per day payable to FCPS. The penalty failure dates under this RFP shall be in effect and start 7/31/2024. 12) The proposal shall show proof of sufficient coverage for contingent liability. Evidence of general liability, business, automobile and workers compensation insurance shall be provided. Policy limits shall be $1,000,000.00 for general liability, business, automobile and statutory minimums for workers compensation. Upon award of contract, selected vendor shall list FCPS as an additional insured on said policies and provide certificates of insurance prior to proposed start date. 13) The Beverage products supplied under this proposal shall follow KRS & USDA guidelines for students and 70/30 mix for adults to promote Healthier Lifestyles and Beverage Consumption. Retail pricing structure as well as product selection shall be uniform across the district. 14) Product requirements/size subject to change based on any new regulatory guidelines. 15) The selected vendor shall position vending machines in location as deemed appropriate by the Building Administrators. Selected vendor shall be given the opportunity to meet with decision-making personnel at the local building level in order to make suggestions as appropriate for the goals of the selected vendor and for FCPS. This shall ensure utilization of the selected vendor’s professional expertise for maximization of data and other marketing and pricing opportunities provided by the vendor. RFP 23-23 District Wide Beverage Vending Provision of Product, Service, Management and Audit, Page 17 16) All products and related services must be delivered and deliverer must register in the building administrative offices upon arrival during normal business hours. 17) All employees and sub-contractors (if any) of selected vendor MUST have visible identification, such as uniforms, photo ID badges and identifiable company vehicles. 18) CONTRACT TERMS- RFP document and response shall constitute the contractual arrangement between the FCPS and the selected vendor. Terms of the RFP supersede in the case of a conflict between the RFP and Vendor response. In all instances of disagreement, whether written or oral, established terms and policies of FCPS SHALL PREVAIL. 19) MANAGEMENT REPORTS This section requires you to describe any management reports that shall be provided to the FCPS. Please attach examples of reports and describe any unique reports that can be customized to our specifications. Note that any and all reports, may, at the agreement of the selected vendor and of FCPS, be submitted directly to FCPS in electronic format. For each report, provide the following information: Report Name: Title Description: How is information organized (i.e. major fields)? Frequency: How often are reports issued? 20) FIRM ADDENDUM (OPTIONAL) This section is provided for the submission of any additional information not included elsewhere and considered to be pertinent to the evaluation of the Request for Proposal. 21) IMPLEMENTATION PLAN Please outline a proposal for a pre-installation walk through and implementation plan, clearly indicating steps to be taken from the commencement date (July 1, 2023) through completion of implementation (August 1, 2023). 22) REGULATIONS The selected vendor shall be required to obtain any necessary licenses and permits and shall comply with all local, federal, state and government codes and ordinances without cost to the FPCS. 23) NON-WAIVER OF DEFAULTS RFP 23-23 District Wide Beverage Vending Provision of Product, Service, Management and Audit, Page 18 Any failure by FCPS to enforce or require the strict keeping and performance of any terms and conditions of the contract shall not constitute a waiver of such terms and conditions nor shall it affect or impair the right of FCPS to avail itself of such remedies as it may have for any breech of the terms and conditions. 24) INSPECTION OF FACILITIES The FCPS may require an inspection tour of selected vendor’s facilities at the location where the products or services provided shall be initiated. 25) COPYRIGHT AND PATENTS Selected vendor shall hold the FCPS, its officers, agents, servants, and employees harmless from liability of any nature or kind because of any copyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used under this bid, and agrees to defend, at its own expense any and all actions brought against FCPS or themselves because of the unauthorized use of such articles. 26) PROTECTION OF DATA Selected vendor shall take all precautions necessary and appropriate to assure the confidentiality of FCPS record information. Selected vendor shall limit access to the FCPS records only to selected vendor’s authorized employees. Except as authorized by the FCPS, selected vendor shall not reproduce any of the FCPS records. The FCPS shall have the right to review selected vendor’s procedures for handling the FCPS records and may make such inspections as it deems necessary to assure that selected vendor is adequately safeguarding the FCPS record information. 27) TERMS AND CONDITIONS All conditions and provisions of the RFP are deemed to be accepted by the selected vendor and incorporated by reference in the statement of qualifications and shall apply to subsequent contract arrangements. 28) Indemnity - The selected vendor shall indemnify the FCPS against all damage caused to persons or property as a result of the negligent actions or wrongful acts of the selected vendor, its employees, servants and/or agents. The selected vendor shall indemnify and hold harmless the district, its employees, servants and/or agents for all claims, demands, actions, suits, or proceedings initiated by third parties arising from the negligence or wrongful acts of the selected vendor, its employees, servants and/or agents. The selected vendor shall take all reasonable precautions for safety and reasonable protection to prevent damage, injury or loss to all students, FCPS employees and other third parties, where applicable. 29) Applicable Regulations - All services provided should comply with all applicable federal, state and local regulations now and in the future. RFP 23-23 District Wide Beverage Vending Provision of Product, Service, Management and Audit, Page 19 30) Kentucky Law - Any contract resulting from this request is subject to Kentucky law and jurisdiction with venue in Fayette County. 31) Contractual Disagreements – If reasonable attempts to reconcile differences in implementation of terms of this RFP still prevail after exhausting methods previously described, established FCPS policies and goals SHALL PREVAIL over any selected Vendor terms and conditions. FCPS shall provide selected Vendor with written documentation of such decisions. 32) Best Value scoring is subject to Reciprocal preference for Kentucky resident bidders and Preferences for a Qualified Bidder or the Department of Corrections, Division of Prison Industries (KAR 200 5:410). SCOPE OF SERVICE FOR BEVERAGES The selected vendor shall furnish all district requirements for Beverage products and related services as proposed below: • Full Service (placement restrictions): Various Central Office and allied support Service Buildings • Limited Service (certain time and placement restrictions): 6 High Schools, 3 Technical Centers, ALL Middle Schools, other middle/high school programs • Staff and Administrative Areas Only: All Elementary Schools • ALL Machines shall have multi-pricing, dollar changers, and shall be equipped with programmable tamper-proof timers in those locations that have a cafeteria and where vending machines are accessible by students. Machines may include smart technologies such as credit/debit card acceptors, etc. The provision of this proposal shall include supply of Beverage vending products as well as supply and servicing of Beverage vending machines. Additionally, proposal should include any promotions that would benefit the FCPS. Pouring Rights Selected vendor shall have exclusive pouring rights for beverages purchased by district funds and/or served on district property. Bottled water and beverages purchased or donated by district staff or parents shall be excluded from the exclusive pouring rights. Beverages purchased by FCPS Child Nutrition Department or beverages that do not meet specific health requirements shall not be included in exclusive pouring rights. RFP 23-23 District Wide Beverage Vending Provision of Product, Service, Management and Audit, Page 20 School Athletic Facility Concession Stands Selected vendor shall work with school boosters with providing coolers, drink dispensers, etc. for district athletic events. Please include with proposal any pricing or programs for concessions to use vendor coolers in concession stands. Proposal Evaluation Evaluation of this RFP shall be based on the following. Minimum requirements for the Beverage vending proposals shall include: Technical Proposal – 40% 1) Proposal Form- Fill in Attachment 3 as presented. 2) List of References- Fill in Attachment 4 as presented. 3) Describe Energy Reduction Programs within Company - Fill in Attachment 4A as presented. 4) Product Selection- Product selection should follow KRS & USDA guidelines for students and 70/30 mix for adults. (Attachment 2). Fill in Attachment 5 as presented. 5) Product Placement and/or Eye Appeal- Product placement reflection as it regards FCPS emphasis on promotion of Healthier Beverage products. Fill in Attachment 7 as presented. 6) Free Goods or Like Programs - The proposal should include specific information on any free goods offered to FCPS by category. Fill in Attachment 10 as presented. 7) Educational Programs, products and/or service - The proposal should include information on any education programs, products and/or promotions that would be beneficial to FCPS. 8) Additional programs, items, marketing proposals and so forth - The proposal should include information on additional programs, items, marketing etc. that would be a benefit to the district. 9) School Athletic Facility Concession Stands - The proposal should include information on any programs, products and/or promotions that that can be utilized by school boosters for concession stands during athletic events. Cost Proposal – 60% 1) Pricing of Product – Product pricing strategy should reflect the FCPS emphasis on promotion of Healthier Beverage products. Fill in Attachment 6 as presented. 2) Commission - the basis for determining commission MUST be determined on gross revenue. FCPS expects to be able to perform close estimate projections for commissions due based upon information provided by and independent of the selected vendor. Fill in Attachment 8 as presented. 3) Fixed Cost on 2 Liter Bottles - the proposal should include a guaranteed price per case offered to FCPS. Fill in Attachment 9 as presented. In all cases, ACTUAL verified and audited calculations from each submitted attachment to FCPS under this proposal shall supercede any vendor submitted (oral or written) calculations. See Attachment 1 for a list of building locations. RFP 23-23 District Wide Beverage Vending Provision of Product, Service, Management and Audit, Page 21 ESTIMATED USAGE FOR BEVERAGES The selected vendor from this proposal shall provide products on the basis of an indefinite quantity contract. It shall be the responsibility of the selected vendor to determine average usage for the purpose of providing economies of scale pricing based on the following data: Number of buildings, product selection, product placement, product retail pricing levels, and/or vending machines. FCPS does not guarantee quantity usage dollar volume of sales. RFP 23-23 District Wide Beverage Vending Provision of Product, Service, Management and Audit, Page 22 FORMAT OF PROPOSAL The proposal shall consist of five parts: RFP documents; References; Technical Proposal; Cost Proposal; Added Value Proposal shall be submitted as a single PDF file. Part I is the RFP documents that are required to be signed and included with the proposal such as Page 1 and 2 of the RFP as well as the checklist on page 14. Any addenda that may be sent out should be included in this part. This will exclude the Supplier Diversity Program documents. Part II is for references. Please include three (3) references of similar sized agencies or school districts that a similar solution has been provided for. Part III is the Technical Proposal. Technical proposal shall include all information related to the scope of work and specifications. Part IV is the Cost Proposal, all costs associated with the scope of work and shall be included in this section. Please include an overall total price and a break down by unit pricing including quantities. Part V is the Added Value. Please submit any information that would be considered added value to your response that is not already discussed in the solicitation RFP 23-23 District Wide Beverage Vending Provision of Product, Service, Management and Audit, Page 23 REFERENCES Proposal shall include at least 3 references of work. References must be for educational institutions or similar public agencies. References should include the name of the institution, a contact name, phone number, email and a description of the services provided. Reference 1 Name _________________________________ Address________________________________ _______________________________________ Contact Name ___________________________ Contact Phone ___________________________ Type of work performed _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ Reference 2 Name _________________________________ Address________________________________ _______________________________________ Contact Name ___________________________ Contact Phone ___________________________ Type of work performed _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ RFP 23-23 District Wide Beverage Vending Provision of Product, Service, Management and Audit, Page 24 Reference 3 Name _________________________________ Address________________________________ _______________________________________ Contact Name ___________________________ Contact Phone ___________________________ Type of work performed _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ RFP 23-23 District Wide Beverage Vending Provision of Product, Service, Management and Audit, Page 25 PLEDGE OF NON-DISCRIMINATION _________________________________, is responding to RFP/BID # _______ issued Insert Name of Company (hereinafter “Company”) by the Board of Education of Fayette County, Kentucky, and hereby pledges: (1) No person shall be excluded from participation in, denied the benefit of, or otherwise discriminated against on the basis of race, color, national origin, sex, genetic information, disability, religion, age, political affiliation, sexual orientation or gender identity in connection with the performance of any contract award by the district on this RFP/BID. (2) The Company shall provide equal opportunity to all business persons seeking to contract or otherwise interested in contracting with this Company, including various local small business enterprises; (3) The Company has been made aware of, understands and agrees to make good faith efforts to solicit MBE/WBE/VBEs to do business with this Company in the performance of work on any contract awarded on this RFP/BID. The Company acknowledges that failure to make a good faith effort may have a negative impact on future contract opportunities. _________________________________ ____________ (Authorized Company Representative Signature) Date ________________________________________ Print Name and Title RFP 23-23 District Wide Beverage Vending Provision of Product, Service, Management and Audit, Page 26 RFP / BID #: ____________________ This affidavit shall be completed if your company is a Kentucky based company. REQUIRED AFFIDAVIT FOR BIDDERS, OFFERORS AND CONTRACTORS CLAIMING RESIDENT BIDDER STATUS FOR BIDS AND CONTRACTS IN GENERAL: The bidder or offeror hereby swears and affirms under penalty of perjury that, in accordance with KRS 45A.494(2), the entity bidding is an individual, partnership, association, corporation, or other business entity that, on the date the contract is first advertised or announced as available for bidding: 1. Is authorized to transact business in the Commonwealth; 2. Has for one year prior to and through the date of advertisement a. Filed Kentucky corporate income taxes; b. Made payments to the Kentucky unemployment insurance fund established in KRS 341.49; and c. Maintained a Kentucky workers’ compensation policy in effect. FCPS reserves the right to request documentation supporting a bidder’s claim of resident bidder status. Failure to provide such documentation upon request shall result in disqualification of the bidder or contract termination. Signature Printed Name Title Date Company Name Address Subscribed and sworn to before me by _____________________________, _______________________ (Name) (Title) of ____________________________________________, this _____ day of ____________, 201___. (Company Name) _____________________________________________ Notary Public My commission expires: _________________________ (Affix Notary Seal) Fayette County Public Schools 2023 School Address City State Zipcode Elementary Arlington 122 Arceme Ave Lexington KY 40505 Ashland 195 N Ashland Ave Lexington KY 40502 Athens-Chilesburg 930 Jouett Creek Drive Lexington KY 40509 Booker T Washington Elementary 707 Howard St Lexington KY 40508 Breckinridge 2101 St. Mathilda Dr Lexington KY 40502 Brenda Cowan 4801 Athens Boonesboro Rd Lexington KY 40509 Cardinal Valley 218 Mandalay Rd Lexington KY 40504 Cassidy 1125 Tates Creek Rd Lexington KY 40502 Clays Mill 2319 Clays Mill Rd Lexington KY 40503 Coventry Oak 2441 Huntly Place Lexington KY 40511 Deep Springs 1919 Brynell Dr Lexington KY 40505 Dixie 1940 Eastland Pkwy Lexington KY 40505 Garden Springs 2151 Garden Springs Dr Lexington KY 40504 Garrett Morgan 1150 Passage Mound Way Lexington KY 40509 Glendover 710 Glendover Rd Lexington KY 40502 Harrison 161 Bruce St. Lexington KY 40507 James Lane Allen 1901 Appomattox Rd Lexington KY 40504 Julius Marks 3277 Pepperhill Road Lexington KY 40502 Lansdowne 336 Redding Rd Lexington KY 40517 Liberty 2585 Liberty Rd Lexington KY 40509 Mary Todd 551 Parkside Dr Lexington KY 40505 Maxwell 301 Woodland Ave Lexington KY 40508 Meadowthorpe 1710 N Forbes Rd Lexington KY 40511 Millcreek 1212 Reva Ridge Way Lexington KY 40517 Northern 340 Rookwood Pkwy Lexington KY 40505 Picadome 1642 Harrodsburg Rd Lexington KY 40504 Rosa Parks 1251 Beaumont Center Ln Lexington KY 40513 Russell Cave 3375 Russell cave Road Lexington KY 40511 Sandersville 3025 Sandersville Road Lexington KY 40511 Southern 340 Wilson Downing Rd Lexington KY 40517 Squires 3337 Squire Oak Drive Lexington KY 40515 Stonewall 3215 Cornwall Drive Lexington KY 40503 Tates Creek 1113 Centre Parkway Lexington KY 40517 Veterans Park 4351 Clearwater Way Lexington KY 40515 Wellington 3280 Keithshire Way Lexington KY 40503 W.W. Brown 555 E Fifth Street Lexington KY 40508 Yates 695 East New Circle Rd Lexington KY 40505 Middle Beaumont 2080 Georgian Way Lexington KY 40504 Bryan Station 1865 Wickland Dr Lexington KY 40505 Crawford 1813 Cahrleston Drive Lexington KY 40505 Edythe J. Hayes 260 Richardson Place Lexington KY 40509 Jessie M. Clark 3341 Clays Mill Rd Lexington KY 40503 Leestown 2010 Leestown Rd Lexington KY 40511 LTMS 350 N Limestone Lexington KY 40508 Morton 1225 Tates Creek Rd Lexington KY 40511 SCAPA 400 Lafayette Pkwy Lexington KY 40503 FCPS ADDRESS LIST 2023 Fayette County Public Schools 2023 Southern 400 Wilson Downing Rd Lexington KY 40517 Tates Creek 1105 Centre Parkway Lexington KY 40517 Winburn 1060 Winburn Drive Lexington KY 40511 High Bryan Station 201 Easton Rd Lexington KY 40505 Frederick Douglass 2000 Winchester Road Lexington KY 40502 Henry Clay 2100 Fontaine Rd Lexington KY 40502 Lafayette 401 Reed Lane Lexington KY 40503 P.L. Dunbar 1600 Man O' War Blvd Lexington KY 40513 Tates Creek 1111 Centre Pkwy Lexington KY 40517 Special School Programs Eastside Center 2208 Liberty Rd Lexington KY 40509 Locus Trace Agriscience 242 Locust Farm Rd Lexington KY 40511 Southside Center 1800 Harrodsburg Rd Lexington KY 40504 MLK Jr. Academy 2200 Liberty Rd Lexington KY 40509 The Learning Center 475 Price Rd Lexington KY 40508 RISE Stem Academy 2420 Spurr Rd Lexington KY 40511 Success Academy 1555 Georgetown Rd Lexington KY 40511 STEAM 1555 Georgetown Rd Lexington KY 40511 Departments and Offices Operations 400 Springhill Dr Lexington KY 40503 Maintenance 461 Springhill Dr Lexington KY 40502 Warehouse 1126 Russell Cave Rd Lexington KY 40505 John Price Building 450 Park Place Lexington KY 40511 Food Service 400 Springhill Dr Lexington KY 40503 Pre-school Office 465 Springhill Dr Lexington KY 40503 Miles Point Bus Garage 780 Miles Point Way Lexington KY 40510 Liberty Bus Garage 2264 Liberty Road Lexington KY 40509 RFP 23-23 Attachment 2 Page 1 ATTACHMENT 2 FAYETTE COUNTY PUBLIC SCHOOLS Purchasing Office 1126 Russell Cave Road Lexington, Kentucky 40505 Request for Proposal RFP 23-23 Districtwide Beverage Vending KRS 158.854 requires the Kentucky Board of Education to adopt an administrative regulation that sets minimum nutritional standards for beverage items that are offered for sale through vending machines, school stores, canteens, fundraisers and a la carte items on cafeteria lines. The law also stipulates that the sales from vending machines, stores, fundraisers and canteens; those sales in competition with the school breakfast and lunch programs, cannot take place from the time of the arrival of the first students in the morning until 30 minutes after the last lunch period. America’s leading beverage companies (American Beverage Association ABA) and the Alliance for a Healthier Generation – a joint initiative of the American Heart Association and the William J. Clinton Foundation – are bringing the national School Beverage Guidelines to schools across America. These guidelines provide students with a range of lower-calorie, nutritious, smaller-portion beverage options. It is part of a broader effort to teach children the importance of a balanced diet and exercise. The following table lists the KRS 158.854 regulations and the ABA Guidelines for Student Accessible Areas: Student Areas KRS Milk Plain or flavored, 1% or skim E MS HS No vending 12 oz 12 oz Water Plain or flavored, non-carbonated, zero calories No vending Bottled Water Bottled Water Fruit/Vegetable Juice 100% of each or any combination equaling 100% No vending 12 oz 12 oz No or Low Calorie Beverages No vending Not Allowed (i.e. no diet soft drinks) Calorie Free or Low Calorie (5 calories) Adult Areas: 70% nutritional items (as stated above, no vol sz regulation) and 30% non-nutritional. ATTACHMENT 3 PROPOSAL FORM The undersigned agrees to furnish and install said vending products and equipment for the FCPS district, Lexington, KY, in accordance with the attached specifications and other documents herein and at the stated terms related to said vending products and equipment as may be installed and/or serviced by the contractor without exclusion or exception. Non-Collusion statement/declaration under penalty of perjury: Further The undersigned declares that he/she holds the position indicated below as a corporate officer or owner or partner in the business entity submitting these qualifications; that the undersigned is informed of all the relevant facts surrounding the preparation and submission of these qualifications, that the undersigned knows and represents and warrants to FCPS district that these qualifications are prepared and submitted without collusion with any other person, business entity or corporations; and, that the Firm submitting these qualifications instate only person, business entity, or corporation with any interest in the resultant contract. I herewith declare under penalty of perjury that the foregoing is true and correct. It is to be understood that the contractor(s) for vending products and equipment for the FCPS district, if engages in a contract, agrees to protect, defend and save harmless the FCPS district from any suits or demands for payment that may be brought against it for the use of any patented material, process, article or device that may enter into the manufacture, construction or form a part of the work covered by order or contract; and that (s) he further agrees to save harmless the Board of Education from any suits or demands for payment that may be brought against it for, or on account of any injuries or damages received or sustained by any party or parties by, or for any of the acts of the contractor, his servants or agents. Federal Excise Taxes or Kentucky Sales and Use Taxes are not applicable to any purchase made use of FCPS. Proposals should not include any such taxes. Exemption certificates will be furnished as required. THIS CERTIFICATE MUST BE EXECUTED BY CONTRACTOR FIRM_______________________________________DATE___________ BY_______________________________TITLE_____________________ ADDRESS_______________________CITY____________STATE_____ TELEPHONE/EMAIL_________________________ZIP CODE______ SIGNATURE_________________________________ ATTACHMENT 4 LIST OF FIVE (5) REFERENCES Please provide five references including contact name, address, phone number, email with at least one in the educational field and one national account of at least similar size. (1) Name: Address: Phone/email =============================================== (2) Name: Address: Phone/email =============================================== (3) Name: Address: Phone/email =============================================== (4) Name: Address: Phone/email =============================================== (5) Name: Address: Phone/email =============================================== ATTACHMENT 4A ENERGY REDUCTION PROGRAM FORM Please describe the Company’s Energy Reduction Program(s):