KATY ISO PURCHASING DEPARTMENT P.O. BOX 657 KATY, TX

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1 MS Katy Indepe dent School District ************,MPORTANT SUBMITTAL INFORMATION ************ Please duplicate the appropriate label and affix to the outside of your sealed submittal envelope. Vendor s na e and return address should be printed on the submittal envelope. FOR U.S. MAIL KATY ISO PURCHASING DEPARTMENT P.O. BOX 657 KATY, TX RFCSP # Concession Items for Nutrition and Food Service Dept. DO NOT OPEN UNTIL: 2:30 p.m., November 16, 2017 It is your responsibility to meet the submittal requirements. We recommend that you verify the label data with the title page; the latter prevails. RFCSP #1641-CONCESSION ITEMS FOR NUTRITION AND FOOD SERVICE DEPARTMENT Page 1

2 MK Katy Independent School District 5364 Franz Road, Katy, Texas Phone: Fax: October 25, 2017 NOTICE Sealed proposals addressed to the Katy Independent School District, Attention: Paul Young, Director of Purchasing, will be received in the Purchasing Department at 5364 Franz Road, Katy, Texas until: 2:30 p.m.. November for RFCSP # CONCESSION ITEMS FOR NUTRITION AND FOOD SERVICE DEPARTMENT Proposals will be publicly opened in the Purchasing Department immediately following the deadline for receiving proposals at 5364 Franz Road. NOTE: ONLY VENDOR S NAMES WILL BE READ ALOUD DURING THE PROPOSAL OPENING. PROPOSALS WILL BE AVAILABLE FOR VIEWING UNTIL 2:30 P.M. For additional information, contact Lia Williams, Purchasing Department at Proposal submittal envelopes must be plainly marked with the RFCSP number, name and deadline. Please duplicate the label shown on the cover page and affix to the outside of your sealed submittal envelope. Any proposal received later than the specified time, whether delivered in person or mailed, shall be disqualified and returned to the vendor unopened. If you or anyone attending the proposal opening on your behalf needs special services, please call prior to the proposal deadline so that we may accommodate your particular need. Katy ISD reserves the right to reject any or all proposals and to accept any proposal(s) determined to be most advantageous to the Katy Independent School District and to waive any informality. The length of this contract will be for a period of one (1) year from the date of the award, with the option to renew annually for three (3) years with mutual agreement. FAILURE TO SUBMIT PROPOSAL I lduplicate MAY RESULT IN REJECTION OF PROPOSAL. Paul Young,.Director of Purchasing RFCSP #1641-CONCESSION ITEMS FOR NUTRITION AND FOOD SERVICE DEPARTMENT Page 2

3 NOTICE OF NO SUBMISSION FORM VENDORS WHO RESPOND TO THIS INVITATION WITH A COMPLETED PROPOSAL FORM WILL REMAIN ON OUR MAILING LIST. VENDORS MAKING NO RESPONSE AT ALL WILL BE REMOVED FROM THAT LISTING. Dear Vendor: Please check the appropriate box below, complete the remainder of this form and return it by the scheduled Date and Time: Our company cannot provide the products, supplies and/or services listed in this request. Please MOVE our name and address to the following category (ies) so that we may propose at a later date: Category(ies): We have chosen NOT to submit a proposal at this time, but would like to remain on your list for this proposal category. We did not submit a proposal because: Reason(s): Please REMOVE our name from all Katy ISD lists until further notice. Reason(s): PLEASE RETURN THIS FORM TO: Katy ISD Purchasing Department Notice of "No-Submission" - RFCSP # Concession Items for Nutrition and Food Service Department 5364 Franz Road Katy, TX Company Name: Representative: (please print) Address: Phone ( ) City: State: Zip: Authorized Signature: Title: Date: Thank you for your time and assistance. No Submission Forms may be faxed to the Katy ISD Purchasing Department at RFCSP #1641-CONCESSION ITEMS FOR NUTRITION AND FOOD SERVICE DEPARTMENT Page 3

4 KATY TERMS AND CONDITIONS THE WORDS BIDS, PROPOSALS, QUOTES AND THEIR DERIVATIVES MAY BE USED INTERCHANG ABLY IN THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE APPLICABLE ON ALL BIDS, PROPOSALS, QUOTES, PURCHASE ORDERS AND THEIR DERIVATIVES. 1. BIDS, IN DUPLICATE, ARE TO BE DELIVERED TO KATY ISD PURCHASING DEPARTMENT, 5364 FRANZ ROAD, KATY, TEXAS 77493, F.O.B. DESTINATION IN AN OPAQUE, SEALED ENVELOPE, WITH THE BID NUMBER AND THE DUE DATE DISPLAYED ON THE OUTSIDE. Katy ISD shall not be held liable for any proposal that is improperly identified and thus not considered for award. 2. NO BID: Bidders may opt to send a NO BID response back to Katy ISD. Vendors not responding to the bid request in any manner ill be deleted from the vendor list and will not be reinstated unless a request is submitted to the District in writing. 3. LATE BIDS: Late bids will not be accepted or considered. Late bids will be retu ed to vendors unopened. Katy ISD ill not be responsible for bids delivered incorrectly or misplaced bids. The date/time stamp in the Purchasing Office shall be the official time of receipt. 4. UNSIGNED BIDS ill NOT be considered. ONLY SEALED BIDS ill be accepted. Faxed bids or electronic submissions will NOT be accepted. 5. BIDDER SHALL PROVIDE with their bid response, all documentation required including all required forms. Failure to provide this information may result in rejection of bid. 6. BID PRICES are to remain firm for one (1) year from date of award, unless otherwise specified. 7. BID MUST COMPLY with all federal, state, county, and local laws concerning these types of goods/services. ALL ITEMS MUST MEET OSHA STANDARDS OF COMPLIANCE AND BE ASBESTOS FREE. 8. SAMPLES, if applicable or when requested, shall be fu ished at no cost to Katy ISD within five (5) days of the request. If not destroyed during the evaluation, samples will be retu ed to the bidder upon request at the bidder s expense. Samples, for which no return request is received by Katy ISD within seven (7) days of bid award, will be considered a donation to the district and will be distributed accordingly. 9. ALL ITEMS WHICH UTILIZE ELECTRICAL CURRENT MUST BE U.L. LISTING APPROVED. 10. DESIGN, STRENGTH, QUALITY of materials must be new and conform to the highest standards of manufacturing practice. All bid items shall be in first class condition, including containers suitable for shipment and storage, unless otherwise indicated in the bid. Katy ISD will not accept factory seconds or other ise inferior goods and reserves the right to retu such item(s) within thirty (30) days of receipt at vendor s expense. 11. REMEDIES: BIDDERS OR THEIR AUTHORIZED REPRESENTATIVES are expected to fully inform themselves as to the conditions, requirements and specifications before submitting bids. Failure to do so ill be at the bidder s own risk and bidder cannot secure relief on the plea of error. Neither law nor regulation makes allowance for errors of omission or commission on the part of bidders. 12. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before o ening time must be initialed by the signer of the bid, guaranteeing authenticity. 13. RESPONSIBLE BIDDER. The business must be a well-established organization and have an adequate number of trained personnel to ensure quality and performance and completion of contract within a specified time period. 14. REFERENCES: KATY ISD may request bidders to supply, ith this bid, a list of at least five (5) references where like goods/services have been supplied by their firm to entities of similar size and scope. Include name of firm, telephone number and name of representative. 15. WITHDRAWAL OF BID: A bid may not be withdrawn or canceled by the bidder ithout the permission of Katy ISD for a period of ninety (90) days following the date designated for the receipt of bids, and bidder so agrees upon submittal of their bid. Withdrawal of a bid or item(s) on a bid will be documented in the vendor s history file and may result in vendor being placed on unresponsive vendor list. 16. TO EXPEDITE EVALUATION of the bids, BIDS must be submitted on Katy ISD forms; although additional information may be attached for evaluation purposes. 17. SALES TAX: Katy ISD is exempt by law from payment of Texas and Local Sales Tax and Federal Excise Tax. 18. NO CASH ADVANCE discount will be considered. 19. BID EVALUATION. The lowest bid will not necessarily be the successful bid. Bids will be evaluated not only in terms of the cost of the goods/equipment, but also in tenns of responsiveness of that proposed to the District s needs and requirements. The District will award the bid on the basis of best value. 20. EVALUATION CRITERIA. In detennining to whom to award a contract, the District will consider: (1) the purchase price; (2) the reputation of the vendor and of the vendor s goods or services; (3) the quality of the vendor s goods or services; (4) the extent to which the goods or services meet the District s needs; (5) the vendor s past relationship with the district; (6) the impact on the ability of the district to comply ith laws and rules relating to historically underutilized businesses; (7) the long-term cost to the district to acquire the vendor s goods or services; for goods and services other than telecommunications, information services, construction or building maintenance, or instructional materials, hether the vendor, vendor s parent company, or majority owner, has its principal place of business in this state, or employs at least 500 people in this state, and (9) any other relevant factor as listed in the project documents. 21. BID AWARD: Katy ISD reserves the right to award bids as a hole or on a line item basis, hichever is in the best interest of the District. 22. PLEASE BID on each item separately. Provide unit prices on quantity specified and extended amount. In cases of errors in extensions, unit price shall gove. 23. IF DURING THE LIFE OF THE CONTRACT, the successful bidder s net prices to other customers for items awarded herein are reduced below the RFCSP #1641-CONCESSION ITEMS FOR NUTRITION AND FOOD SERVICE DEPARTMENT Page 4

5 contracted price, it is understood and agreed that the benefits of such reduction shall be extended to Katy ISD. 24. DELIVERY: All products delivered as a result of this contract must have the delivery and/or freight charges (FOB) Katy ISD Designated Location with inside delivery included in the bid price. 25. CONFLICT OF INTEREST: No public official shall have interest in this contract except in accordance with Ve on s Texas Codes Annotated, Local Government Code Title 5. Subtitle C, Chapter ETHICS: The bidder shall not offer or accept gifts or anything ofvalue to enter into any business arrangement with any employee, official or agent of Katy ISD. 27. DEVIATIONS FROM SPECIFICATIONS. All deviations from the specifications must be noted in writing, in detail by the bidder at the time of submittal of the bid. The absence of a written list of specification deviations will hold the bidder strictly accountable to the District s specifications as ritten. Any deviations from the specifications written not previously submitted, as required, will be grounds for rejection of the materials/goods and/or equipment when delivered. 28. EXCEPTIONS/SUBSTITUTIONS: All bids meeting the intent of this invitation to bid will be considered for a ard. Bidders taking exception to the specifications, or offering substitutions, shall state these exceptions in the section provided or by attachment as part of the bid. The absence of such a list shall indicate that the bidder has not taken exceptions and Katy ISD shall hold the bidder responsible to perform in strict accordance with specifications of the invitation. Katy ISD will not accept substitutes after item(s) have been awarded as specified. Katy ISD reserves the right to accept any and all or none of the exception(s)/substitution(s) bid which are deemed to be in the best interest of Katy ISD. 29. DESCRIPTIONS: Any reference to model and/or make/manufacturer used in bid specifications is descriptive, not restrictive. It is used to indicate the type and quality desired. Bids on items of like quality will be considered. 30. OR EQUAL PRODUCTS will be evaluated after bids are received, based on literature submitted and any required testing of the product. It is the vendor s responsibility to submit sufficient data for the District to properly analyze an or equal item. 31. ADDENDA: Any interpretations, corrections, or changes to this bid and specifications will be made by addenda. Sole issuing authority of addenda shall be vested in Katy ISD Director of Purchasing. Addenda will be mailed to all who are known to have received a copy of this bid. 32. ADDENDA MUST BE ACKNOWLEDGED WITH BID SUBMITTAL. An addenda acknowledgment form will be provided with bids requiring ackno ledgment of addenda. 33. CHANGE ORDERS: No oral statement of any person shall modify, otherwise change, or affect the terms, conditions, pricing or specifications stated in the resulting contract. All change orders to the contract will be made in writing by Katy ISD Director of Purchasing. 34. SUCCESSFUL BIDDER SHALL defend, indemnify and save harmless Katy ISD and all its officers, agents and employees from all suits, actions, or other claims of any character, name and description brought to or on account of any injuries or damages received or sustained by any person, persons or property on account of any negligent act or fault of the successful bidder, or of any agent, employee, subcontractor or supplier in the execution of, or perfor ance under, any contract which may result from bid award. Successful bidder indemnifies and will indemnify and save harmless Katy ISD from liability, claim or demand on their part, agents, servants, customers, and/or employees, whether such liability, claim or demand arise from event or casualty happening within the occupied premises themselves or happening upon or in any of the halls, elevators, entrances, stairways or approaches to the facilities within the occupied premises. Successful bidder shall pay any judgment with costs which may be obtained against Katy ISD growing out of such injury or damages. 35. CONTRACT: This bid, when properly accepted by Katy ISD, shall constitute an integral part of any contract, equally binding between the successful bidder and Katy ISD. No different or additional terms will become a part of this contract with the exce tion of Change Orders. 36. TERMINATION OF CONTRACT: This contract shall remain in effect until contract expires, or delivery and acceptance of products and /or performance of services is concluded subject to the follo ing conditions: A. Katy ISD reserves the right to review the performance of vendor at all times. B. Katy ISD ill have the right to cancel any contract entered into under the terms and conditions of this bid for any reason at any time on thirty (30) days written notice. Vendor shall have the right to cancel the contract subject to Katy ISD approval at any time on thirty (30) days written notice and justification. The successful bidder must state therein the reasons for such cancellation. In the event of any actual contract cancellation, Katy ISD ill not be held responsible for loss of business or any termination expenses incurred by the vendor. 37. KATY ISD reserves the right to terminate contract at the ex ir tion of each bud et period. The contract is for current revenues only. Local Government Code Section TERMINATION FOR DEFAULT: Katy ISD reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of Katy ISD in the event of breach or default of this contract. Katy ISD reserves the right to terminate the contract immediately in the event the successful bidder fails to: A. Meet schedules; B. Default in any payments owed due to the performance of this contract, C. Othenvise perfonn in accordance with these specifications. 39. REPRESENTATION: The vendor represents that the items and/or services provided by the vendor hereunder shall conform to those represented and described in the attachments. Notwithstanding anything to the contrary herein, if for any reason Katy ISD determines in its sole discretion, that part or all of such items and/or services fails to meet the expectation of Katy ISD, Katy ISD may on ten (10) days notice terminate this Agreement and receive the pro-rata portion of the contract sum paid to the vendor by Katy ISD for the unexpired term of the Agreement. 40. IN THE EVENT the successful bidder shall fail to perform, keep or observe any of the terms and conditions, Katy ISD shall give the successful bidder written notice of such default; and in the event said default is not remedied to the satisfaction and approval of Katy ISD within two (2) working days of receipt of such notice by the successful bidder, default will be declared and all the successful bidder s rights shall terminate. 41. BREACH OF CONTRACT or default authorizes Katy ISD to exercise any or all of the following rights: A. Katy ISD may take possession of the assigned premises and any fees accrued or becoming due to date; B. Katy ISD may take possession of all goods, fixtures and materials of successful bidder therein and may foreclose its lien against such RFCSP#1641-CONCESSION ITEMS FOR NUTRITION AND FOOD SERVICE DEPARTMENT Page 5

6 personal property, applying the proceeds toward fees due or thereafter becoming due. C. Katy ISD reserves the right to award canceled contract to next lowest and best bidder as it deems to be in the best interest of Katy ISD. hr such event, the District may charge the successful bidder the difference for any additional cost of such bid item. 42. BIDDER, IN SUBMITTING THIS BID, agrees that Katy ISD shall not be liable to prosecution for damages in the event that Katy ISD declares the bidder in default. 43. GRACE PERIOD: Katy ISD requests the right to continue in force this contract for a period not to exceed ninety (90) days after expiration date for unforeseeable reasons on a month to month basis if agreed to by both parties. 44. NOTICE: Any notice provided by this bid (or required by Law) to be given to the successful bidder by Katy ISD shall be conclusively deemed to have been given and received on the next day after such ritten notice has been deposited in the mail in Katy, Texas, by Registered or Certified Mail with sufficient postage affixed thereto, addressed to the successful bidder at the address so provided; provided this shall not prevent the giving of actual notice in any other manner. 45. PATENTS/COPYRIGHTS: The successful bidder agrees to protect Katy ISD from claim involving infringements of patents and/or copyrights. 46. RIGHTS TO INVENTIONS: If the contract awarded is funded through federal funds, the vendor agrees to remain in compliance with the requirements of CFR 37 Part 401 and any implementing regulations should contract perfor ance involve the performance of experimental, developmental, or research work. 47. CONTRACT ADMINISTRATOR: Under this contract, Katy ISD may appoint a contract administrator ith designated responsibility to ensure compliance with contract requirements, such as but not limited to, acceptance, inspection and deliver. The contract administrator will serve as liaison between Katy ISD Purchasing De artment and the successful bidder. 48. PURCHASE ORDER: A purchase order(s) shall be generated by Katy ISD to the successful bidder. The purchase order number must appear on all itemized invoices and packing slips. Katy ISD will not be held responsible for any orders placed/delivered without a valid current purchase order number. 49. PACKING SLIPS or other suitable shipping documents shall accompany each special order shipment and shall show: (a) name and address of successful bidder, (b) name and address of receiving de artment/campus and/or delivery location, (c) Katy ISD Purchase Order number, and (d) descriptive information as to the item(s) delivered, including product code, item number, quantity, number of containers, etc. 50. PRODUCTS SUPPLIED UNDER THIS CONTRACT shall be subject to Katy ISD approval. Items found defective or not meeting specifications shall be picked up and replaced by the successful bidder at the next service date at no expense to Katy ISD. If item is not picked up within one (1) week after notification, the item will become a donation to Katy ISD for disposition. 51. WAGES: Successful bidder shall pay or cause to be paid, without cost or expense to Katy ISD, all Social Security, Unemployment and Federal Income Withholding Taxes of all employees and all such employees shall be paid wages and benefits as required by Federal and/or State Law. 52. BIDDERS MUST SUBMIT chemical content literature and/or specifications and Material Safety Data Sheets with their bid for evaluation where applicable. Failure to comply with this requirement could eliminate bidders from consideration on item or items conce ed. 53. WARRANTY: Successful bidder shall warrant that all items/services shall conform to the proposed specifications and/or all warranties as stated in the Uniform Commercial Code and be free from all defects in material, workmanship and title. Detailed explanation of warranties must be provided with bid. Warranty will not begin until all components are installed and accepted by Katy ISD. 54. VENUE: This agreement will be gove ed and constmed according to the laws of the State of Texas. Both parties agree that venue for any litigation arising from this contract shall lie in Katy, Fort Bend County, Texas. 55. ASSIGNMENT: The successful bidder shall not sell, assign, transfer or convey this contract, in hole or in part, without the prior written consent of Katy ISD. 56. SILENCE OF SPECIFICATION: The apparent silence of these specifications as to any detail or the apparent omission from it of a detailed description conce ing any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement. 57. FORCE MAJEURE: Neither party shall be liable in damages for any delay or default in the performance of this contract, if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, gove ment restrictions, wars, insurrections, and/or any other cause beyond the reasonable control of the party whose performance is affected. 58. EQUAL EMPLOYMENT OPPORTUNITIES LAWS. Successful bidder will be required to comply with applicable equal employment opportunity laws and regulation. 59. COMPLIANCE WITH DAVIS-BACON ACT: For any contract awarded involving prime construction over $2,000, the vendor agrees to remain in compliance with the Davis-Bacon Act for the payment of all applicable workers. 60. CONTRACT WORK HOURS AND SAFETY ACT: Where applicable, the vendor must remain in t compliance with the Contract Work Hours and Safety Standards Act (40 USC ) requiring the vendor to compute the wa es of applicable workers on the basis of a 40 hour week. 61. RECORD RETETION: In acceptance of the contract the vendor certifies that it will comply ith all record retention requirements as required in 2 CFR for any applicable federal expenditures from Katy ISD. 62. BUY AMERICAN ACT: In acceptance of a contract with Katy ISD, the vendor hereby certifies compliance ith all applicable provisions of the Buy American Act. 63. CLEAN AIR ACT (42 USC Iq) and FEDERAL WATER POLLUTION CONTROL ACT (33usd ) For any contract awarded which exceeds $100,000 the vendor certifies that it will agree to comply with all applicable standards, order or regulations pursuant to the acts listed and any applicable amended orders or directives thereof. RFCSP #1641-CONCESSION ITEMS FOR NUTRITION AND FOOD SERVICE DEPARTMENT Page 6

7 64. ENERGY POLICY AND CONSERVATION ACT: For any federal fund expenditures by Katy ISD that are a result of the awarded contract, the vendor certifies that it ill remain in compliance with the Federal Energy Policy and Conservation Act as issued in Pub. L , 89 Stat. 871). 65. CERTIFICATION REGARDING BOYCOTTING OF ISRAEL: Pursuant to Chapter 2270, Texas Gove ment Code, the vendor doing business, or seeking to do business, with Katy ISD (the Vendor ) hereby certifies and verifies that neither the Vendor, nor any affiliate, subsidiary, or parent company of the Vendor, if any (the Vendor Companies ), boycotts Israel, and Vendor and Vendor Companies will not boycott Israel during the term of this contract. For purposes of this contract, the term boycott shall mean and include terminating business activities or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations ith Israel, or ith a person or entity doing business in Israel or in an Israelicontrolled territory. 66. CERTIFICATIO REGARDING TERRORIST ORGANIZATIONS: Pursuant to Sections of the Texas Government Code, the Vendor hereby certifies that it is not a com any identified on the Texas Comptroller s list of companies known to have contracts ith, or provide supplies or services to, a foreign organization designated as a Foreign Terrorist Organization by the U.S. Secretary of State. 67. PAYMENT ill be made upon receipt and acceptance by Katy ISD of item(s) ordered and receipt of a valid invoice, in accordance with the State of Texas Prom t Payment Act, Chapter 2251, Government Code VTCA. Successful bidder(s) is required to pay subcontractors ithin ten (10) days. 68. INVOICES shall show purchase order number, copy of signed delivery ticket and bid name and shall be mailed directly to: Katy ISD Accounts Pa able Department, P O Box 159, Katy Te as ALL VENDORS OR CONTRACTORS DOING B SINESS WITH KATY ISD must submit a Conflict of Interest Questionnaire if required no later than the Seventh (7) Business Day after the date the person becomes a are of facts that require the statement to be filed as required by Local Government Code, Section For any contracts requiring Board action (contracts exceeding $250,000), the District ill require the a arded vendor to submit the Disclosure of Interested Parties Form 1295 from the Texas Ethics Commission and then certify to Katy ISD that the disclosure has been filed. The District will consider failure to file the form as a default of contractual obligations. 71. ALL VENDORS OR CONTRACTORS DOING BUSINESS ITH KATY ISD must have Form W-9 Request for Taxpa er Identification Number and Certification on file. 72. ALL VENDORS MUST ALSO INCLUDE a Felony Conviction Notification as required by Senate Bill No. 1, Section 4.034, Notification of Criminal History, Subsection (a) to the Katy ISD Purchasing Department ANY QUESTIONS CONCERNING THIS INVITATION TO BID AND SPECIFICATIONS SHOULD BE DIRECTED TO THE PURCHASING DEPARTMENT AT (281) NOTE: Katy ISD does not discriminate on the basis of sex, race, disability, color or national origin in its educational rograms, activities, and/or employment practices. RFCSP #1641-CONCESSION ITEMS FOR NUTRITION AND FOOD SERVICE DEPARTMENT Page 7

8 SCOPE The Katy Independent School District is hereby requesting competitive sealed proposals for CONCESSION ITEMS FOR NUTRITION AND FOOD SERVICE DEPARTMENT. The estimated annual expenditure is $75, Purchase orders will be prepared on an as needed basis throughout the year. Multiple vendors may be awarded. STATEMENT OF WORK 1. Products shall be delivered to the following Katy ISD locations between the hours of 6:00 a.m. and 2:00 p.m. as orders are scheduled to be delivered: Leonard Merrell Center West Concessions & East Concessions 6301 South Stadium Lane Katy, TX Rhodes Stadium Home 1 Concessions Home 2 Concessions Visitor 1 Concessions Visitor 2 Concessions 1733 Katy-Fort Bend County Rd. Katy, TX Legacy Stadium Home 1 Concessions Home 2 Concessions Visitor 1 Concessions Visitor 2 Concessions 1830 Katyland Dr. Katy TX, Nutrition and Food Service Warehouse 5364 Franz Road Katy, TX The successful vendor(s) and Katy ISD shall mutually agree upon procedures for adjustments in the order, short or hot shot deliveries. Substitutions will not be accepted without approval by the Katy ISD Nutrition and Food Service purchasing agent prior to delivery. The District will determine approved products and equivalents for all items to be delivered and must pre-approve any and all substitutions prior to delivery. In the event of significant price escalations, a supplier shall be prepared to offer substitutions at equal or lower cost. If a distributor is temporarily out of stock of a particular item, delivery of a product equal or superior, at the same or lower price, may be substituted with prior approval of district authorities. 3. Products shall be kept at an acceptable temperature during the delivery and unloading process. 4. Damaged or defective products will be either returned during the unloading process or reported on a Katy ISD product complaint form to the company representative. Monetary credit will be expected on any reported damage. RFCSP #1641-CONCESSION ITEMS FOR NUTRITION AND FOOD SERVICE DEPARTMENT Page 8

9 5. Products shall be in original, properly sealed containers, undamaged and free from all leaks. Containers which are damaged, outdated, or defective in any way, shall be replaced or credited at the original charge. No repacked or resealed cases will be accepted. 6. An invoice shall accompany each delivery with the name of the site, the number of units, unit price and total price of the ticket. The Food Service Manager or designee shall sign the delivery ticket. Katy ISD will honor no other signatures for payment of invoices. 7. Drivers shall have identification visible on their person verifying representation of the company. 8. The successful vendor(s) shall designate a person who will coordinate the program responsible for all products delivered and communicate with Katy ISD on deliveries, service, and products. SPECIAL TERMS AND CONDITIONS 1. The length of this contract shall be for a period of one (1) year from the date of award with the option to renew in one year increments for a period of (3) years with mutual agreement. This renewal shall be subject to the availability of funding, product quality, vendor performance evaluation by the District, and the agreement of both parties to the renewal. 2. Quantities listed are estimates only and are not guaranteed. The District reserves the right to change quantities at the same unit price. Katy ISD reserves the right to purchase new and additional items offered by the accepted vendor(s) throughout the school year. The District is not responsible for any proprietary merchandise or quantities of product in the vendor s inventory at the end of the contract period as a result of the District s estimated needs. However, the District shall make every effort to use all proprietary merchandise during the term of the contract. 3. The District reserves the right to add additional delivery sites if new schools or facilities are opened by Katy ISD during the contract period. 4. Packaging size stated in the proposal is strongly preferred. Any deviations from the packaging listed must be clearly stated on the proposal form. Katy ISD reserves the right to reject alternate packaging. The Katy ISD Nutrition and Food Service Department must be notified of any manufacturer s changes in package weight. 5. Recalled products - if instituted and product has been delivered, the awarded vendor will notify Katy ISD staff both verbally and in writing within twenty-four (24) hours with all pertinent information regarding the recall. 6. Purchase orders will be issued on an as-needed basis. The District will not be responsible for any products and/or services rendered without a Katy ISD purchase order signed electronically by authorized District personnel and/or proper authorization by the District s Purchasing Department. Any item delivered to Katy ISD without a Katy ISD purchase order number may be refused and returned to the vendor. The cost of the return shall be the burden of the responsible vendor. 7. Invoices shall be sent to: Katy ISD Nutrition and Food Service 5364 Franz Road Katy, TX RFCSP #1641-CONCESSION ITEMS FOR NUTRITION AND FOOD SERVICE DEPARTMENT Page 9

10 8. The deviation form is an integral and required part of the official proposal submitted. THE DEVIATION FORM MUST BE COMPLETED AND RETURNED WITH THE PROPOSAL EVEN BY THOSE NOT PLANNING DEVIATIONS. In the event that the vendor intends to deviate from the specifications by utilizing any materials or processes different from those listed, all such deviations are to be listed. 9. Substitutions will not be allowed on any item without the prior approval from the Katy ISD Director of Purchasing (or designee) in conjunction with the user department. 10. All proposals must be submitted with the following forms completed: Certification Sheet Deviation Form Felony Conviction Notification Form Criminal History Background Acknowledgement Form References and Contact Information Form Certificate of Interested Parties Vendor Certification Addendum Form Proposal Form Additional information as desired by vendor to demonstrate product quality or service capabilities. 11. Proposals may be evaluated based on the following criteria: The purchase price - 20 pts. The reputation of the vendor and the vendor s goods or services 10 pts. The quality of the vendor s goods and services - 20 pts. The extent to which the goods or services meet the District s needs - 20 pts. The vendor s past relationship with the District - 10 pts. The impact on the ability of the District to comply with laws and rules relating to historically underutilized businesses - 0 pts. The long-term cost to the District to acquire the vendor s goods or services - 10 pts. If no prior experience with KISD, then experience with entities of similar size and scope - 5 pts. For goods and services other than telecommunications, information services, construction or building maintenance, or instructional materials, whether the vendor or the vendor s parent company or majority owner has its principal place of business in the state of Texas, or employs at least 500 persons in the state of Texas - 5 pts. 12. Katy Independent School District reserves the right to make multiple awards on this contract. 13. Payment Terms - PAYMENT will be made upon receipt and acceptance by Katy ISD of item(s) ordered and receipt of a valid invoice, in accordance with the State of Texas Prompt Payment Act, Chapter 2251, Government Code VTCA. As required by law, the awarded contractor is required to pay subcontractors within ten (10) days from the receipt of this payment. Katy ISD has implemented an E-Payables solution. All vendors and contractors doing business with Katy ISD will be offered the option of accepting payments through the District s E-Payables VISA account. This payment will be transmitted electronically to the vendor on or before the due date, and receipt of funds will be as per the terms of the merchant s VISA agreement. Payment terms, unless negotiated with the District, will remain the same. RFCSP #1641-CONCESSION ITEMS FOR NUTRITION AND FOOD SERVICE DEPARTMENT Page 10

11 Vendors and contractors may negotiate and the district will consider earlier payment terms if such terms are advantageous to Katy ISD. 14. Violation of any part of the Special Conditions listed may be cause for termination of the contract by Katy Independent School District. 15. Questions concerning this contract should be addressed to Lia Williams, Buyer, telephone: (281) or - END, SPECIAL TERMS AND CONDITIONS - RFCSP #1641-CONCESSION ITEMS FOR NUTRITION AND FOOD SERVICE DEPARTMENT Page 11

12 IF YOU WISH TO SUBMIT A PROPOSAL: RETURN THE FOLLOWING PAGES COMPLETED & SIGNED WITH A DUPLICATE COPY OF YOUR PROPOSAL IF YOU DO NOT WISH TO SUBMIT A PROPOSAL: RETURN THE NOTICE OF NO SUBMISSION FORM (Page 3) TO REMAIN ON OUR VENDOR LIST RFCSP #1641-CONCESSION ITEMS FOR NUTRITION AND FOOD SERVICE DEPARTMENT Page 12

13 IF YOU WISH TO SUBMIT A PROPOSAL: RETURN THE FOLLOWING PAGES COMPLETED & SIGNED WITH A DUPLICATE COPY OF YOUR PROPOSAL IF YOU DO NOT WISH TO SUBMIT A PROPOSAL: RETURN THE NOTICE OF NO SUBMISSION FORM (Page 3) TO REMAIN ON OUR VENDOR LIST RFCSP #1641-CONCESSION ITEMS FOR NUTRITION AND FOOD SERVICE DEPARTMENT Page 12

14 CERTIFICATION SHEET In order for a proposal to be considered, the following information must be provided. FAILURE TO COMPLETE AY RESULT IN DISQUALIFICATION Company Name Mailing address City State Zip Code Telephone Fax address In business under present name years and months COMPLETE THE APPROPRIATE SECTION BELOW: [, RESIDENT BIDDER Resident bidder refers to a person whose principal place of business is in this state. including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. I CERTIFY THAT MY COMPANY IS A RESIDENT BIDDER : MR. MRS. MS. (Circle One) NAME (PLEASE PRINT) POSITION SIGNATURE DATE Nonresident bidder refers to a person who is not a resident. OR II. NONRESIDENT BIDDER IF YOU QUALIFY AS A nonresident bidder", you must furnish the following information: What is your resident state? (The state your principal place of business is located.) Does your residence state require bidders whose principal place of business is in Texas to under bid vendors whose residence state is the same as yours by a prescribed amount or percentage to receive a comparable contract? Residence state means the state in which the principal place of business is located. YES NO If YES 1, What is that amount or percentage? % I CERTIFY THAT MY COMPANY IS A NONRESIDENT BIDDER AND THE ABOVE INFORMATION IS TRUE AND CORRECT: MR. MRS. MS. (Circle One) NAME (PLEASE PRINT) POSITION SIGNATURE DATE RFCSP #1641-CONCESSION ITEMS FOR NUTRITION AND FOOD SERVICE DEPARTMENT Page 13

15 DEVIATION FORM All deviations to the Specifications must be noted on this sheet. In the absence of any entry on this Deviation Form, the Vendor assures the Buyer of their full compliance with the Specifications and Conditions. The form may be duplicated as needed. THIS DEVIATION FORM MUST BE SIGNED BY EACH VENDOR WHETHER THERE ARE DEVIATIONS LISTED OR NOT AND SUBMITTED WITH THIS PROPOSAL. ITEM NO. PAGE NO.DEVIATION NO DEVIATION If alternate proposed does not deviate from the item specified, check the box. COMPANY NAME AUTHORIZED SIGNATURE DATE RFCSP #1641-CONCESSION ITEMS FOR NUTRITION AND FOOD SERVICE DEPARTMENT Page 14

16 Felony Conviction Notification State of Texas Legislative Senate Bill No. 1, Section , Notification of Criminal History, Subsection (a), states a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or owner or operator of the business entity has been convicted of a felony. The notice must include general description of the conduct resulting in the conviction of a felony. Subsection (b) states a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract. This notice is not required of a publicly held corporation I, the undersigned for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best of my knowledge. Please select ONE choice below; O My firm is a publicly held corporation; therefore, this reporting requirement is not applicable. O My firm is not owned or operated by anyone who has been convicted of a felony. O My firm is owned or operated by the following individuals who has/have been convicted of a felony. Name of individual (s): Details of conviction (s): Please complete the information below; Name of Vendor: Name of Company Official: (please type or print) (please type or print) Signature of authorized agent: Date: RFCSP #1641-CONCESSION ITEMS FOR NUTRITION AND FOOD SERVICE DEPARTMENT Page 15

17 Agreement with Katy Independent School District Regarding Criminal History Background Searches with Vendors/Contractors Katy Independent School District has provided me with the information to be in compliance with the Senate Bill 9 mandate in regards to required background searches for all companies working with Katy ISD as a vendor or contractor. My signature indicates that I will comply with Senate Bill 9 by conducting background searches and have employees fingerprinted with the DPS- Fingerprint-based Applicant Clearinghouse of Texas- FACT. Print Name Signature Company Name Date Attached: Copy of Information from Texas Education Agency and State Board of Education: Instructions to School District Contractors Regarding Criminal History Background Searches Under Senate Bill 9 Senate Bill 9 directs school district contractors to obtain state and national criminal history background searches on their employees who will have direct contact with students, and to receive those results through the DPS criminal history clearinghouse (Fingerprint-based Applicant Clearinghouse of Texas -FACT). In order for contractors to receive the information through FACT, they must first establish an account with the DPS for FACT clearinghouse access. The Company owner must sign a user agreement with the DPS. To obtain the user agreement and more information, please contact: Access and Dissemination Bureau Texas Department of Public Safety Crime Records Service P. O. Box Austin, Texas FACT@txdos.state.tx,us Phone: (512) For fastest service, please or call. State in the message that you are a school district contractor and need to have an account established for DPS FACT clearinghouse access. Please include: Company Name Company Address Company Phone Name of Company point of contact Phone of Company point of contact Company to be used for notification of FACT records and messages The information in the DPS FACT Clearinghouse is confidential, and access must be restricted to the least number of persons needed to review the records. The account must include at least one designated supervisor to make necessary changes and to monitor the site s security and the access to the criminal history data retrieved. Additional users must be limited to those who need to request, retrieve, or evaluate data regarding the individual applicants. PLEASE NOTE: After you sign the DPS User Agreement for FACT, DPS will provide you with a revised FAST Fingerprint Pass that you will have to provide to your employees and applicants. Your employees and applicants will use that FAST Fingerprint Pass when scheduling their FAST fingerprinting. RFCSP #1641-CONCESSION ITEMS FOR NUTRITION AND FOOD SERVICE DEPARTMENT Page 16

18 ACKNOWLEDGEMENT FORM Having carefully read the Standard Terms and Conditions and any Special Conditions listed in this document, the undersigned hereby agrees to furnish all goods and services specified on the Katy ISO Proposal Form at the prices and transportation costs as proposed. By submission of this proposal, the undersigned certifies that: a. This proposal has been independently arrived at without collusion with any other bidder or any other competitor; b. This proposal has not been knowingly disclosed and will not be knowingly disclosed, to any other bidder, competitor or potential competitor, prior to the opening of bids, or proposals for his project; c. No attempt has been or will be made to induce any other person, partnership or corporation to submit or not submit a proposal; d. The undersigned certifies that he is fully informed regarding the accuracy of the statements contained in this certification, and the penalties herein are applicable to the bidder as well as to any person signing in his/her behalf; e. Vendor warrants it has no interest, and shall acquire no interest that would directly or indirectly conflict in any manner or degree with the performance of this proposal. For violation or breach of this warranty, Katy ISO shall have the right to annul this contract without liability; f. As required by Local Government Code , the undersigned acknowledges the requirement of filing a Conflict of Interest Questionnaire if there are any facts that would require such to be filed, and acknowledges the fact that the CIQ form is available for download at or can be obtained directly from the Katy ISO Purchasing Office, 5364 Franz Road, Katy, Texas g. The undersigned certifies that to his/her knowledge no Katy ISD employee has any personal or beneficial interest whatsoever in this service or property described herein. h. The undersigned acknowledges that this document, as well as any submitted documents and any negotiations, when properly accepted by the District will be an integral part of any contract awarded as a result of the response submitted. i. The undersigned acknowledges that any employees performing services under the contract awarded as a result of this RFCP will meet the minimum requirements as stated in Education Code and the Contractor will submit required Criminal History Certification form before the contract term begins. All required forms will be provided to the awarded contractors with the Notice of Award letter sent by the District. Respondent acknowledges receipt of Addenda number through and has incorporated the provisions therefore into this proposal. AUTHORIZED SIGNATURE PRINT NAME TITLE DATE RFCSP #1641-CONCESSION ITEMS FOR NUTRITION AND FOOD SERVICE DEPARTMENT Page 17

19 REFERENCES FINANCIAL STABILITY-must be demonstrated by each Bidder as well as a reliable delivery record to include a list of at least five (5) similar accounts that have utilized their products for a minimum of one year. NAME OF FIRM TELEPHONE REPRESENTATIVE 2. NAME OF FIRM TELEPHONE REPRESENTATIVE 3. NAME OF FIRM TELEPHONE REPRESENTATIVE 4. NAME OF FIRM TELEPHONE REPRESENTATIVE 5. NAME OF FIRM TELEPHONE REPRESENTATIVE CONTACT INFORMATION ORDER FROM ADDRESS: REMIT TO ADDRESS : (if different from order address) Company Name: Contact Person: Address: Citv: State: Zip Code: Telephone: Fax: Companv Name: Contact Person: Address: Citv: State: Zip Code: Telephone: Fax: RFCSP #1641-CONCESSION ITEMS FOR NUTRITION AND FOOD SERVICE DEPARTMENT Page 18

20 KATY IS CERTIFICATE OF INTERESTED PARTIES - FORM 1295 Certificate of Interested Parties (Form must be filled out electronically with the Texas Ethics Commission s online filing application, printed out, si ned, notarized, and attached to vendor s response to this solicitation. KATY ISD is required to comply with House Bill 1295, which amended the Texas Government Code by adding Section , Disclosure of Interested Parties. Section prohibits KISD from entering into a contract resulting from this RFCSP with a business entity unless the business entity submits a Disclosure of Interested Parties (Form 1295) to KISD at the time business entity submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Texas Ethics Commission. InterestedParty means a person: a) who has a controlling interest in a business entity with whom KISD contracts; or b) who actively participates in facilitating the contract or negotiating the terms of the contract, including a broker, intermediary, adviser, or attorney for the business entity. Business Entity means an entity recognized by law through which business is conducted, including a sole proprietorship, partnership, or corporation. As a business entity, all vendors must electronically complete, print, sign, notarize, and submit Form 1295 with their proposals even if no interested parties exist. Proposers must file Form 1295 electronically with the Texas Ethics Commission using the online filing application, which can be found at: info forml295.htm Proposers must use the filing application on the Texas Ethics Commission s website to enter the required information on Form Proposers must print a copy of the completed form, which will include a certification of filing containing a unique certification number. The Form 1295 must be signed by an authorized agent of the business entity, and the form must be notarized. The completed Form 1295 with the certification of filing must be filed with KISD by attaching the completed form to the vendor s solicitation response. KISD must acknowledge the receipt of the filed Form 1295 by notifying the Texas Ethics Commission of the receipt of the filed Form 1295 no later than the 30th day after the date the contract binds all parties to the contract. After KISD acknowledges the Form 1295, the Texas Ethics Commission will post the completed Form 1295 to its website with seven business days after receiving notice from KISD. RFCSP #1641-CONCESSION ITEMS FOR NUTRITION AND FOOD SERVICE DEPARTMENT Page 19

21 VENDOR CERTIFICATIONS ADDENDUM ADDENDUM FOR CONTRACT FUNDED BY U.S. FEDERAL GRANT This Vendor Certifications Addendum ( Addendum ) is made a part of a contract ( Contract") between the Katy Independent School District ( Katy ISD" or District") and the vendor ( Vendor or Contractor"), where such Vendor is identified on the last page of this Addendum. The parties hereto (Katy ISD and Vendor) agree that the following terms and conditions are incorporated and made a part of the Contract resulting from this procurement process, as applicable. Where there is a conflict between the terms of this Addendum and the terms of the underlying Contract, the terms of this Addendum shall prevail. I. REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS APPENDIX II TO 2 CFR PART 200 The following certifications and provisions are required and apply only when Katy ISD expends federal funds for any purchases resulting from this Contract. (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, hich is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances here contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Pursuant to Federal Rule (A) above, when Katy ISD expends federal funds, Katy ISD reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party. Initials of Authorized Representative of Vendor (B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) 1. Termination for Cause: Pursuant to Federal Rule (B) above, when Katy ISD expends federal funds, Katy ISD reserves the right to immediately terminate any contract in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Vendor in the event Vendor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. 2. Termination for Non-Appropriation of Funds for Multi-year or Multiple-year Contracts: Performance by Katy ISD under the Contract for years subsequent to the current budget year may be dependent upon the appropriation and allotment of funds by the Texas State Legislature (the Legislature ), allocation of funds by the Board of Trustees (the Board ), and/or, if the Contract is funded fully or partially by Federal grant awards, the receipt of the Notice of Grant Award ( NOGA ). If the Legislature fails to appropriate or allot the necessary funds, the Board fails to allocate the necessary funds, and/or there is a change in the NOGA, then the District may terminate this Contract without further duty or obligation under the Contract. 3. Termination for Convenience: Katy ISD also reserves the right to terminate the contract immediately upon written notice to Vendor for convenience, with or without cause, if Katy ISD believes in its sole discretion that it is in the best interest of Katy ISD to do so. If the contract is terminated in accordance with any of the terms referenced in Section (B) above, Katy ISD shall compensate Vendor for any work performed and accepted and goods delivered and accepted by Katy ISD as of the termination date. Any award under this procurement process is not exclusive and Katy ISD reserves the right to purchase goods and/or services from other vendors when it is in Katy ISO s best interest. Initials of Authorized Representative of Vendor (C) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of funding agreement" under 37 CFR (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that funding agreement, the recipient or subrecipient 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. (2) If RFCSP #1641-CONCESSION ITEMS FOR NUTRITION AND FOOD SERVICE DEPARTMENT Page 20

22 Pursuant to Federal Rule (F) above, when federal funds are expended by Katy ISD, Vendor certifies that during the term of an award for all contracts by Katy ISD resulting from this procurement process, Vendor agrees to comply with all applicable requirements as referenced in Federal Rule (F) above. Initials of Authorized Representative of Vendor (D) Clean Air Act (42 U.S.C q.) and the Federal Water Pollution Control Act (33 U.S.C ), as amended Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C q) and the Federal Water Pollution Control Act as amended (33 U.S.C ). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Pursuant to Federal Rule (G) above, when federal funds are expended by Katy ISD, Vendor certifies that during the term of an award for all contracts by Katy ISD resulting from this procurement process, Vendor agrees to comply with all applicable requirements as referenced in Federal Rule (G) above. Initials of Authorized Representative of Vendor (E) Debarment and Suspension (Executive Orders and 12689) 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 (SA ), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders (3 CFR part 1986 Comp., p. 189) and (3 CFR part 1989 Comp., p. 235), Debarment and Suspension. SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order Pursuant to Federal Rule (H) above, when federal funds are expended by Katy ISD, Vendor certifies that during the term of an award for all contracts by Katy ISD resulting from this procurement process, Vendor certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. Initials of Authorized Representative of Vendor (F) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352, Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Pursuant to Federal Rule (I) above, when federal funds are expended by Katy ISD, Vendor certifies that during the term and after the awarded term of an award for all contracts by Katy ISD resulting from this procurement process, the vendor certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352), The undersigned further certifies that: (1) No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying, in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly. Initials of Authorized Representative of Vendor (G) Procurement of Recovered Materials Vendor agrees to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, where applicable. 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 RFCSP #1641-CONCESSION ITEMS FOR NUTRITION AND FOOD SERVICE DEPARTMENT Page 21

23 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 that maximizes energy and resource recovery, and establishing an affirmative procurement program for procurement of recovered materials identified in the ERA guidelines. Initials of Authorized Representative of Vendor (H) Davis-Bacon Act, as amended (40 U.S.C ). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C, , and ) 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 statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity ust report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by 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 ). The Act provides that each contractor or subrecipient must 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 or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the Federal awarding agency. Pursuant to Federal Rule (D) above, when Spring ISD expends federal funds during the term of an award for all contracts and subgrants for construction or repair, Vendor will be in compliance with all applicable Davis-Bacon Act provisions. Initials of Authorized Representative of Vendor (I) Contract Work Hours and Safety Standards Act (40 U.S.C ). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C of the Act, each contractor must 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 one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C, 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open arket, or contracts for transportation or transmission of intelligence. Pursuant to Federal Rule (E) above, when Spring ISD expends federal funds, Vendor certifies that Vendor will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by Spring ISD resulting from this procurement process. Initials of Authorized Representative of Vendor I. RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS When federal funds are expended by Katy ISD for any contract resulting from this procurement process, Vendor certifies that it will comply with the record retention requirements detailed in 2 CFR Vendor further certifies that it will retain all records as required by 2 CFR for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. Initials of Authorized Representative of Vendor II. CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When Katy ISD expends federal funds for any contract resulting from this procurement process, Vendor certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C et seq.; 49 C.F.R. Part 18). Initials of Authorized Representative of Vendor III. CERTIFICATION OF EQUAL EMPLOYME T STATEMENT RFCSP #1641-CONCESSION ITEMS FOR NUTRITION AND FOOD SERVICE DEPARTMENT Page 22