FOR HAND DELIVERY/COURIER SERVICES. KATY ISD PURCHASING DEPARTMENT 6301 S. Stadium Lane KATY, TX 77494

Transcription

1 MK Katy Independent School District ************ IMPORTANT SUB ITTAL INFORMATION ************ Please duplicate the appropriate label and affix to the outside of your sealed submittal envelope. Vendor s name and return address should be printed on the submittal envelope. FOR HAND DELIVERY/COURIER SERVICES KATY ISD PURCHASING DEPARTMENT 6301 S. Stadium Lane KATY, TX RFCSP # DELIVERED PIZZA FOR NUTRITION AND FOOD SERVICE DEPARTMENT DO NOT OPEN UNTIL: 2:00 p.m., April 11, 2018 It is your responsibility to meet the submittal requirements. We recommend that you verify the label data with the title page; the latter prevails. NOTE: Pre-proposal meetin will be held at 10:00 a.m., April 4, 2018 at the Nutrition and Food Service Department Franz Road, Katv, TX RFCSP # Delivered Pizza for Nutrition and Food Service Department Page 1

2 Katy Independe t School District 6301 S. Stadium Lane, Phone: March 26, 2018 NOTICE Sealed proposals addressed to the Katy Independent School District, Attention: Christopher J. Smith, Chief Financial Officer, will be received in the Purchasing Department at 6301 S. Stadium Lane, Katy, Texas until: 2:00 p.m.. April 11, 2018 for RFCSP # DELIVERED PIZZA FOR NUTRITION AND FOOD SERVICE DEPARTMENT NOTE: Pre-proposal meetin will be held at 10:00 a.m., April 4, 2018 at the Nutrition and Food Service Department 5364 Franz Road, Katy, TX Proposals will be publicly opened in the Purchasing Department immediately following the deadline for receiving proposals at 6301 S. Stadium Lane. NOTE: The Katy ISD Purchasing office will be closed for the Good Friday holiday on March 30, 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 fora 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 IN DUPLICATE MAY RESULT IN REJECTION OF PROPOSAL. Christopher/J. Smith, Chief Financial Officer RFCSP # Delivered Pizza 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 #1709- Delivered Pizza for Nutrition and Food Service Department 6301 S. Stadium Lane Katy, TX Company Name: Representative: (please print) Address: Phone ( ) City: State: Zip: Authorized Signature: Title: Date: Thank you for your time and assistance. RFCSP # Delivered Pizza for Nutrition and Food Service Department Page 3

4 KATY ISD STANDARD TERMS AND CONDITIONS WORDS BIDS, PROPOSALS, QUOTES AND THEIR DERIVATIVES MAY BE USED INTERCHANGEABLY I 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 will be deleted from the vendor list and will not be reinstated unless a request is submitted to the District in riting. 3. LATE BIDS: Late bids ill not be accepted or considered. Late bids will be returned to vendors unopened. Katy ISD will 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 will NOT be considered. ONLY SEALED BIDS will 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 ith all federal, state, county, and local laws concerning these types of goods/services. ALL ITEMS MUST MEET OSHA STANDARDS OF COMPLIANCE ND BE ASBESTOS FREE. 8. SAMPLES, if applicable or when requested, shall be furnished at no cost to Katy ISD within five (5) days of the request. If not destroyed during the evaluation, sam les will be retu ed to the bidder upon request at the bidder s expense. Samples, for which no retu 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 confor 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 otherwise 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 will be at the bidder s o n risk and bidder cannot secure relief on the plea of error. Neither la 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 opening time must be initiale 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, with 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 ithdrawn or canceled by the bidder without 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 TA : 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 terms 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 determining to whom to award a contract, the District ill 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 with laws and rules relating to historically underutilized businesses; (7) the long-term cost to the district to acquire the vendor s goods or services;(8)for goods and services other than telecommunications, information services, constraction or building maintenance, or instructional materials, whether the vendor, vendor s arent company, or majority o ner, 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 whole 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, hi 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 contracted price, it is understood and agreed that the benefits of such reduction shall be extended to Katy ISD. RFCSP # Delivered Pizza for Nutrition and Food Service Department Page 4

5 24. DELIVERY: All products delivered as a result of this contract must have the delivery and/or freight charges (FOB) Katy ISD Designated Location ith inside delivery included in the bid price. 25. CONFLICT OF INTEREST: No public official shall have interest in this contract except in accordance ith Vernon 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. DEVIATIO S FROM SPECIFICATIO S. All deviations from the specifications must be noted in writing, in detail by the bid er at the time of submittal of the bid. The absence of a written list of specification deviations ill 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 hen delivered. 28. EXCEPTIONS/SUBSTITUTIONS: All bids meeting the intent of this invitation to bid will be considered for award. Bidders taking exception to the specifications, or offering substitutions, shall state these exce tions 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 acce t any and all or none of the excepti6n(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 ackno ledgment form will be provided with bids requiring acknowledgment of addenda. 33. CHANGE ORDERS: No oral statement of any person shall modify, othenvise 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 performance 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 exception 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 following conditions: A. Katy ISD reserves the right to review the performance of vendor at all times. B. Katy ISD will 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 ritten notice and justification. The successful bidder must state therein the reasons for such cancellation. In the event of any actual contract cancellation, Katy ISD will not be held responsible for loss of business or any termination expenses incurred by the vendor. 37. KATY ISD reserves the ri ht to terminate contract at the expiration of each budget 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. Otherwise perform 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 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. In such event, the District may charge the successful bidder the difference for any additional cost of such bid item. RFCSP # Delivered Pizza for Nutrition and Food Service Department Page 5

6 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 ith 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 ith the requirements of CFR 37 Part 401 and any implementing regulations should contract performance involve the performance of experimental, developmental, or research ork. 47. CONTRACT ADMINISTRATOR: Under this contract, Katy ISD may appoint a contract administrator with designated responsibility to ensure compliance with contract requirements, such as but not limited to, acceptance, inspection and delivery. The contract administrator will serve as liaison bet een Katy ISD Purchasing Department 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 department/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 or credited 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 ages 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 concerned. 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 governed and construed 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 whole or in part, without the prior ritten 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 concerning 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, government 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 DA VIS-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. 0. 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 wages of applicable workers on the basis of a 40 hour week. 61. RECORD RETETION: hr acceptance of the contract the vendor certifies that it will com ly with all record retention re uirements 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 with all ap licable provisions of the Buy American Act. 63. CLEAN AIR ACT (42 USC q) and FEDERAL WATER POLLUTION CONTROL ACT (33usd ) For any contract awarded which exceeds $100,000 the vendor certifies that it ill agree to comply with all applicable standards, order or regulations pursuant to the acts listed and any applicable amendments, orders or directives thereof. 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 will remain in compliance with the Federal Energy Policy and Conservation Act as issued in Pub. L , 89 Stat. 871). 65. PAYMENT will be made upon receipt and acceptance by Katy ISD of item(s) ordered and receipt of a valid invoice, in accordance ith the State of Texas Prompt Payment Act, Chapter 2251, Gove ment Code VTCA. Successful bidder(s) is required to pay subcontractors ithin ten (10) days. RFCSP # Delivered Pizza for Nutrition and Food Service Department Page 6

7 66. INVOICES shall show purchase order number, copy of signed delivery ticket and bid name and shall be mailed directly to: Katy ISD Acco nts Payable Department, P O Box 159,Kat TEXAS ALL VENDORS OR CONTRACTORS DOING BUSINESS 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 aware of facts that require the statement to be filed as required by Local Government Code, Section For an contracts requiring Board action (contracts exceeding $250,000), the District ill require the awarded vendor to submit the Disclosure of Interested Parties Form 1295 from the Texas Ethics Commission and then certif to Katy ISD that the disclosure has been filed. The District will consider failure to file the form as a default of contractual obligations. 69. ALL VENDORS OR CONTRACTORS DOING BUSINESS WITH KATY ISD must have Form W-9 Request for Taxpayer Identification Number and Certification on file. 70. ALL VE DORS 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.. () 71. 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 programs, activities, and/or employment practice. RFCSP # Delivered Pizza for Nutrition and Food Service Department Page 7

8 SCOPE The Katy Independent School District is hereby requesting competitive sealed proposals for DELIVERED PIZZA FOR NUTRITION AND FOOD SERVICE DEPARTMENT. Katy ISD is scheduled to open future campuses. All contract terms must be applicable to these campuses as well as any additional existing schools or facilities during the term of the contract if the program were to be expanded in the district. The estimated annual expenditure is $300, Purchase orders will be prepared on an as needed basis throughout the year. Multiple vendors may be awarded. 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 three (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. Pricing: a. Final Cost - prices must include delivery charges and must be FOB destination. b. Unit Pricing - All unit pricing shall be effective form the date of award. c. Price Increase Notification - vendor(s) will provide the Purchasing and Nutrition and Food Service Departments a thirty (30) day written notification for any increase in price. This notification should be supplied with the appropriate documentation supporting the price increase(s). Price increases shall not be automatically retroactive. No adjustments in prices will be accepted without prior approval from the Nutrition and Food Service Department. Invoices with price changes that did not receive prior approval from the Nutrition and Food Service Department will not be honored. In the event of a price decrease during the full term of the contract, such decrease must be made available to Katy ISD. 3. Estimated expenditures and quantities are based on estimates. Quantities listed are estimates only and are not guaranteed. No guarantees as to actual quantities to be purchased are presumed in this proposal. 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. Flowever, the District shall make every effort to use all proprietary merchandise during the term of the contract. 4. All food items must have a nutrition facts label including ingredients and allergen information. 5. Any firm located in the state of Texas that is selling food to a school district must possess a current license with the Texas Department of Health, Bureau of Food and Drug Safety, Food Wholesaler Division. A copy of such license shall be made available upon request. 6. 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. 7. Products shall be kept at an acceptable temperature during the delivery and unloading process. RFCSP # Delivered Pizza for Nutrition and Food Service Department Page 8

9 8. 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. 9. 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. 10. 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. 11. Drivers shall have identification visible on their person verifying representation of the company. 12. 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. 13. The District reserves the right to add additional delivery sites if new schools or facilities are opened by Katy ISD during the contract period. 14. 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. 15. 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. 16. 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. 17. School calendars will be issued at the beginning of the school year. It will be the responsibility of the successful vendor to be aware of any changes in the school calendar which may alter deliveries. 18. Additional sites may be added if new schools or facilities are opened by Katy ISD during the contract period. A list of the current campus/facility addresses is included in this proposal. 19. 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. 20. A company representative shall be designated by the awarded vendor to coordinate the program, be responsible for all products ordered, and communicate directly with Katy ISD regarding deliveries, services, and products. RFCSP # Delivered Pizza for Nutrition and Food Service Department Page 9

10 21. INSURANCE REQUIREMENTS The successful vendor shall provide the following insurance verification. General Katy ISD requires that the following insurance requirements be met: The insurance shall contain a provision that at least thirty (30) days prior written notice shall be given to the owner in the event of cancellation, material change or non-renewal. The Contractor shall not commence any portion of the work under this contract until all the insurance required herein and certificate of such insurance have been completed and approved by the owner. There shall be a hold harmless agreement in which the Contractor assumes liability on the contract and holds the Owner harmless. The Contractor shall purchase and maintain in force the following kinds of insurance for operations under this contract and provide the Owner with a certificate of insurance as evidence. Copies of such insurance documents shall be part of the contract agreements and the Contractor shall maintain such in force throughout the term of any contract let by the District. Casualty Insurance and Securities-Minimum Requirements Workers Compensation Insurance, as statutory provision required. Contractor must be a subscriber to the Texas Workers Compensation Act Comprehensive-General Liability Insurance (Occurrence basis only)* Bodily Injury and Property Damage: Each Occurrence Aggregate $1,000,000 $2,000,000 Personal and Advertising Injury: Occurrence $ 500,000 Broad Form Property Damage: Each Occurrence (Include Complete Operations) Aggregate (Include X-C-U Coverage) Covering Hold Harmless Property Damage: Each Occurrence Aggregate Independent Contractors Bodily Injury/Damage: Each Occurrence Aggregate Products and Completed Operations Bodily Injury. Each Occurrence: $ 500,000 $ 300,000 $1,000,000 $2,000,000 $1,000,000 $2,000,000 $1,000,000 Property Damage: Each Occurrence Aggregate $ 500,000 $1,000,000 RFCSP # Delivered Pizza for Nutrition and Food Service Department Page 10

11 Fire Damage, Legal Liability Any One Fire $ 50,000 Medical Expenses Any One Person $ 5,000 Sexual Molestation $10,000 Katy ISD shall be named as an additional insured by endorsement on the Contractor s policy as to the subject job. Comprehensive Vehicle Liability Insurance Business (Commercial) Vehicle Liability Insurance* Covering all owned non-owned and hired vehicles: Bodily Injury Each Person $250,000 Each Accident $500,000 Property Damage Each Occurrence $100,000 *No deletion/exclusions from standard coverage form allowed without the written consent of Katy ISD. Umbrella Liability Insurance (Excess) $1,000,000 The successful vendor must provide current copies of all insurance required, naming Katy Independent School District as additional insured, within ten (10) working days of notification of award. Failure to provide copies of the required insurance within the given time may be cause for termination of the contract. The successful vendor shall file a certificate of insurance with the District stating the insurance company will mail 30 days written notice to certificate holder should any of the policies be canceled before the expiration date. The successful vendor shall furnish any renewal certificates for insurance that may expire during the term of the contract. 22. 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. 23. 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. 24. All proposals must be submitted with the following forms completed: Certification Sheet Deviation Form Felony Conviction Notification Form Criminal History Background Acknowledgement Form RFCSP # Delivered Pizza for Nutrition and Food Service Department Page 11

12 References and Contact Information Certificate of Interested Parties Vendor Certifications Addendum Form Proposal Form Additional information as desired by vendor to demonstrate product quality or service capabilities. 25. Proposals may be evaluated based on the following criteria: The purchase price - 30 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 - 10 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 - 5pts. 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 - 0 pts. 26. Katy Independent School District reserves the right to make multiple awards on this contract. 27. 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. Vendors and contractors may negotiate and the district will consider earlier payment terms if such terms are advantageous to Katy ISD. Katy ISD requests the availability of invoice reporting from the awarded vendor in order to reconcile invoices over a designated period of time (weekly, bi-weekly or monthly). Preferably, invoice reporting would be provided in an electronic format. 28. Violation of any part of the Special Conditions listed may be cause for termination of the contract by Katy Independent School District. 29. Questions concerning this contract should be addressed to Lia Williams, Buyer, telephone: (281) or lialwilliams@katvisd.org. - END, SPECIAL TERMS AND CONDITIONS - RFCSP # Delivered Pizza for Nutrition and Food Service Department Page 12

13 SPECIFICATIONS ORDERING SPECIFICATIONS Web-based online ordering system - An online web-based ordering system is preferred for all line items of this proposal, but is not required. Please provide Katy ISD with information regarding the online ordering system. Point of contact - Bidder shall indicate the name, address, phone number and address of the vendor representative(s) who will be the point of contact for each Katy ISD Minimums - vendors shall not require a dollar or weight minimum for scheduled deliveries. Velocity Report - by individual school, showing purchases by the line item and number of totals shall be available. A year-end compilation of total purchases by line items shall also be provided when requested. Additional products - Katy ISD reserves the right to add or delete additional sizes and items from the awarded bidder product line and negotiate mutually agreeable pricing with the awarded bidder for these items. Substitutions - will not be accepted without approval by the 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 on 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. Shortages - the successful vendor and Katy ISD shall mutually agree upon procedures for adjustments in the order, short or hot shot deliveries. DELIVERY SPECIFICATIONS Delivery frequency - Daily deliveries are to be made to district locations as agreed when school is in session. Each secondary school will receive multiple deliveries, based on the needs of each cafeteria, throughout the meal service period to insure hot, fresh pizza. Katy ISD reserves the right to reduce the number of serving days per week. Delivery locations - Delivery will be made to all secondary campuses (16 high school kitchens; 15 junior high kitchens). Delivery locations are listed in Attachment A. Katy ISD reserves the right to request delivery service at new campuses as they are opened and at elementary campuses if desired. Delivery time - deliveries to the kitchen locations are to arrive daily minutes prior to the established lunch period. Changes to delivery schedule - will be pre-approved by the Katy ISD Food Service department before implementation of changes. Inside delivery - all products shall be delivered inside the kitchen door to a location as designated by the food service manager or alternate. Each delivery will be carefully checked against the order and corrections made as needed before the invoice is signed. HACCP -Pizzas are to be delivered in heated containers designed to maintain temperatures at 140 degrees or higher. Heated containers must be maintained in good condition and clean. If approved HACCP procedures are not followed, the cafeteria manager (or designee) is authorized to refuse the delivery Facilities inspection - for each store identified to serve this contract, Katy ISD reserves the right, prior to award of any contr ct and throughout the term of the contract to require the bidder to provide a copy of the most recent Health Inspection report. All items furnished under this bid shall be identified as having been inspected for wholesomeness and sanitation under a federal or state regulatory program. RFCSP # Delivered Pizza for Nutrition and Food Service Department Page 13

14 Minimums - No minimum order required per school. No penalty for non-order by an individual school. Delivery vehicles - all products must be delivered at the appropriate temperature in clean, enclosed trucks or other marked vehicle according to HACCP guidelines. e Drivers - shall present a neat and clean appearance, be in uniform, show picture ID, and make deliveries in an efficient and courteous manner. Notification of Delivery Schedule -direct notification to the food service designee of delivery schedule shall be provided prior to the first delivery. Katy ISD Nutrition and Food Service department will provide a current lunch schedule for all delivery locations prior to the beginning of the contract and will inform the bidder of any changes throughout the contract term. Sanitation/Safety - all products will be fresh, clean and wholesome upon delivery, and will be packaged, handled, and transported in an acceptable manner. All temperature and sanitation procedures must meet HACCP guidelines at all times during the delivery process. o If the delivered product is determined to be unacceptable, the food service manager has the right to refuse the product. The product may be picked up and a credit issued or a replacement be provided in a timely manner, o Damaged or defective products will be returned during the unloading process. Monetary credit will be expected on any reported damaged item. INVOICING AND PRICING SPECIFICATIONS Invoice - distributor shall issue at least one (1) copy of the invoice which includes unit, unit price and extensions. Invoice must be signed by a designated food service manager or alternate. Purchase Order Numbers - issued by Katy ISD Purchasing Department are required throughout the year and should be referenced on the statement sent to the District. No additional processing fees will be paid. Online invoice - web-based viewing of the weekly invoices from the food service central office to check prices and quantities delivered for each kitchen location is preferred. Direct payments - ability of vendor to accept EFT direct payment transfers preferred. Prompt payment - clearly state any discount terms for prompt payment of all weekly invoices, if available, and submit with the attached Fee Schedule. Discounts, rebates, allowances and incentives - must be fully disclosed and paid to the District in a timely manner. REGULATIONS USDA Smart Snacks regulations - All pizza products to comply with USDA Smart Snacks entree regulations in effect during the current school year. Should USDA regulations change during the school year and the vendor is unable to comply, this contract will be null and void. Buy America - school districts participating in the National School Lunch Program and the School Breakfast Program are required by law to use Child Nutrition Program funds, to the maximum extent practicable, to buy domestic commodities or products for meals served under these programs. A domestic commodity or product is defined as one that is either produced in the United States or is processed in the United States substantially using agricultural commodities that are produced in the United States. The term substantially means that over 51 percent of the final processed product consists of agricultural commodities that were grown domestically. Therefore, when Child Nutrition Program funds are used to acquire foods, schools and institutions must ensure that the items are in compliance with this requirement. The awarded vendor is required to provide the Nutrition and Food Service department with a monthly report indicating which products sold to the District did and did not meet the Buy RFCSP # Delivered Pizza for Nutrition and Food Service Department Page 14

15 American requirement. For products purchased that did not meet the Buy American provision, the monthly report must also include reasoning (i.e. cost prohibitive, etc.) Equal Employment Opportunity - the successful vendor shall be in compliance with Executive Order 11246, entitled Equal Employment Opportunity as amended by Executive Order and as supplemented in Department of Labor regulation (41CFR Part 60). RFCSP # Delivered Pizza for Nutrition and Food Service Department Page 15

16 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 # Delivered Pizza for Nutrition and Food Service Department Page 16

17 CERTIFICATION SHEET In order for a proposal to be considered, the following information must be provided. FAILURE TO COMPLETE MAY 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: I. 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 : R. 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, 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 # Delivered Pizza for Nutrition and Food Service Department Page 17

18 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 # Delivered Pizza for Nutrition and Food Service Department Page 18

19 Felony Conviction Notification State of Te as 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 a general description of the conduct resulting in the conviction of a felony. Subsection (b) states a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract. This notice is not required of a publicly held corporation I, the undersigned for the firm na d beiow, certify that the infor ation 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 # Delivered Pizza for Nutrition and Food Service Department Page 19

20 Agreement with Katy Independent School District Regardin 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@txdps.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 # Delivered Pizza for Nutrition and Food Service Department Page 20

21 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 ISD 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 ISD 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 # Delivered Pizza for Nutrition and Food Service Department Page 21

22 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. 1. 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: Company Name: Contact Person: Address: City: State: Zip Code: Telephone: Fax: REMIT TO ADDRESS : (if different from order address) Company Name: Contact Person: Address: City:_ State: Zip Code: Telephone: Fax: RFCSP # Delivered Pizza for Nutrition and Food Service Department Page 22

23 KATY IS CERTIFICATE OF INTERESTED PARTIES - FORM 1295 Certificate of Interested Parties (Form must be filled out electronically ith 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 hy 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 atto ey for the business entity. B siness 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 fonnl295.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 F orm 1295 no later than the 3 0th 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 # Delivered Pizza for Nutrition and Food Service Department Page 23

24 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, which 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 where 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 ultiple-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 ade 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 s all 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. 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. RFCSP # Delivered Pizza for Nutrition and Food Service Department Page 24

25 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 ISO, Vendor certifies that during the term of an award for all contracts by Katy ISO 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 ) 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 arties 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 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 aking of a Federal grant, the aking 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 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 EPA guidelines. Initials of Authorized Representative of Vendor RFCSP # Delivered Pizza for Nutrition and Food Service Department Page 25

26 (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 must 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 ter of an award for all contracts and subgrants for construction or repair, Vendor will be in compliance with all applicable Davis-Bacon Act pro isions. 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 co pute 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 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 market, 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 pro isions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts b Spring ISD resulting from this procurement process. Initials of Authorized Representative of Vendor II. 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 III. 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 etseq.; 49 C.F.R. Part 18). Initials of Authorized Representative of Vendor IV. CERTIFICATION OF EQUAL EMPLOYMENT STATEMENT It is the policy of Katy ISD not to discriminate on the basis of race, color, national origin, gender, limited English proficiency or handicapping conditions in its programs. Vendor agrees not to discriminate against any employee or applicant for employment to be employed in the performance of this Contract, with respect to hire, tenure, terms, conditions and privileges of employment, or a matter directly or indirectly related to employment, because of age (except where based on a bona fide occupational qualification), sex (except where based on a bona fide occupational qualification) or race, color, religion, national origin, or ancestry. Vendor further agrees that every subcontract entered into for the performance of this Contract shall contain a provision requiring non-discrimination in employment herein specified, binding upon each subcontractor. Breach of this covenant may be regarded as a material breach of the Contract. RFCSP # Delivered Pizza for Nutrition and Food Service Department Page 26