SCHOOL BOARD OF BREVARD COUNTY OFFICE OF PURCHASING SERVICES 2700 JUDGE FRAN JAMIESON WAY VIERA, FL Estimated $52,470.

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1 SCHOOL BOARD OF BREVARD COUNTY OFFICE OF PURCHASING SERVICES 2700 JUDGE FRAN JAMIESON WAY VIERA, FL BID #07-023/BP Snack Drinks Office of Food & Nutrition Services 2006/07 VENDORS RECOMMENDED FOR AWARD: Vendor Name Estimated Amount Awarded Item Nos. Vendor #V Island Oasis Beverage $52, TOTAL $52, SOLICITATION SUMMARY Date Solicited: September 22, 2006 Number of Items/Groups: 2_ Date Opened: October 20, 2006 No. Firms Solicited: 8_ Present to Board: November 21, 2006 No. Firms Bidding: 2 CONTRACT TERM: One year from date of award with the option of renewing for 2 (two) additional 1 (one) year periods. RECOMMENDATION: (October 24, :00 PM ) It is the recommendation of Mr. Kevin Thornton, Director, Food & Nutrition Services and Staff to award to low conforming bidder(s) as highlighted on the tabulation sheet with an amount of $52, ACTION BY BOARD _X Approved Recommendation(s) Above & Awarded Meeting Date: 11/21/2006 Other Lynda Jones, Director of Purchasing and Warehouse Services Failure to file a protest within the time prescribed in s (3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes.

2 SCHOOL BOARD OF BREVARD COUNTY OFFICE OF PURCHASING SERVICES 2700 JUDGE FRAN JAMIESON WAY VIERA, FL October 23, 2006 TO: FROM: BIDDERS ON SNACK DRINKS Becky Prosser, Buyer RE: Bid #07-023/BP Snack Drinks - Office of Food and Nutrition Services /07 TABULATION Listed below for your information is a Tabulation of bids received on the above captioned matter. This is a Tabulation only, and Award of orders will be made at a later date. Island Oasis Ridgefield Fruit Smoothies Description of Item Amount Bid Amount Bid 1 CAPPUCCINO HOT CHOCOLATE PROGRAM Bidders will be required to bid on both items in Part 1 to be considered for an award. The contract for Part 1 will be awarded to one bidder. The successful bidder shall be the one that has the lowest overall total computed by extending the price per unit and quantity of both items and totaling the extensions. A) CAPPUCCINO Crème de Crème Product Only Powder mix, just add water. Assorted flavors, meets minimum of 40% daily requirement of calcium. State Yield Per Pack (Based on 12 oz. serving): Acceptable Brands Superior, Barnie s Coffees (Crème de la Crème) 200 cases or more NO BID NO BID Price Per Unit Total Cost State Yield Per Pack (Based on 12 oz. serving) State Pack: State Brand: NOTE: B) HOT CHOCOLATE Powder mix, just add water. Meets minimum of 40% daily requirement of calcium. State Yield Per Pack (Based on 12 oz. serving): Acceptable Brands Superior, Barnie s Coffees 200 cases or more NO BID NO BID Price Per Unit Total Cost State Yield Per Pack (Based on 12 oz. serving) State Pack: State Brand: TOTAL COST FOR 1A & 2B NO BID NO BID

3 Bid #07-023/BP Tabulation 10/23/06 Page 2 Island Oasis Ridgefield Fruit Smoothies Description of Item Amount Bid Amount Bid CAPPUCCINO SHALL INCLUDE: Option to purchase 12 Oz. cups bearing successful bidders logo Count/Approximately 50 Cases. Option to purchase appropriate lids for branded cups 1000 Count/Approximately 50 Cases. Although the cup and lid pricing is not an evaluation factor, the prices shall be firm for the term of the contract. Cup Quantity/Price Per Case: NO BID NO BID Lid Quantity/Price Per Case: NO BID NO BID 2 FRUIT SMOOTHIE FROZEN DRINK PROGRAM: Minimum of ten (10) assorted flavor fruit smoothie mixes made with real fruit puree (36-52%) or fruit juice (50%) only. May be mixed with ice cream or non-fat yogurt. Must be shipped frozen. Shelf life of refrigerated fruit products not to exceed sixty (60) days if unopened; twenty-one (21) days if opened. Fruit mixes are to be pasteurized to guarantee freshness. Acceptable Brand Island Oasis, Ridgefield s 1000 cases or more $53.75 $27.62 Total Cost $53, $27, Pack Size 12/32 oz 6/32 oz State Brand Island Oasis COST BREAKDOWN COMPARISON Concentrate Ready to Serve. Case Yield Ready to Serve in Ounces Case Yield 12 oz. Servings Cost Per fluid oz. at full dilution ratio of product $.0583/oz $.061/oz. before refreezing in provided dispensing equipment: Cost per Gallon Ready to Serve $7.462 $ Cost per 12 oz. serving $ $0.732 Total cost per estimated usage of 75, oz. servings (based on District usage during school year 2002/03) $52, $54, FRUIT SMOOTHIE FROZEN DRINK PROGRAM MAY INCLUDE: 1) Option to purchase cups bearing successful bidders logo. Preferable size of logo cup is 12 fluid ounces. Lids should also be available. Although the cup and lid pricing is not an evaluation factor, the prices shall be firm for the term of the contract. Cup Quantity/Price Per Case: 1000/$68.00 N/A Lid Quantity/Price Per Case: N/A FRUIT SMOOTHIE FROZEN DRINK PROGRAM SHALL INCLUDE: 1) Equipment for dispensing product shall be included free of charge. Equipment should include 1-3 head granita machines and/or single head batch freezers for high volume schools (over 1000 students). 2) Company shall provide installation of equipment, training of cafeteria manager on the operation of equipment, and sampling of product to the student population of the school for one day of routine operation.

4 BIDDER S NOTES Bid #07-023/BP Snack Drinks Office of Food and Nutrition Services 2006/07 Time Required For Delivery Bid Valid Until Vendor #V Island Oasis 3663 SE 45 Place Ocala, FL Order Contact Person: Wayne Harmon Phone #: Toll Free #: Ext Fax #: Rep: Wayne Harmon 48 Hours December 31, 2007 Vendor # Ridgefield s Fruit Smoothies Club House Road Montgomery Village, MD Contact: Cathy Phan Phone: Toll Free: Fax: Days June 30, 2008

5 SCHOOL BOARD OF BREVARD COUNTY, FLORIDA OFFICE OF PURCHASING SERVICES 2700 JUDGE FRAN JAMIESON WAY VIERA, FL September 22, 2006 TO: FROM: BIDDERS ON SNACKS & DRINKS Becky Prosser, Buyer RE: Bid #07-023/BP Snack Drinks Office of Food and Nutrition Services 2006/07 BID REQUEST The School Board of Brevard County, Florida respectfully requests that you submit a Bid on the above captioned matter, F.O.B. various locations throughout Brevard County, FL. Please return this bid package, executed, as your bid. Retain a copy of the bid for your files. Our form must be used as no other format will be accepted. If additional space is required, submit with attachments using our bid format referencing your name, address and our bid number on each page. Complete our bid form in total. Omit no information requested. BID SUBMITTALS The envelope in which you seal your submittals and bids must be in full accordance with the enclosed specific qualification requirements. The larger outside envelope, containing the two smaller envelopes, must be sealed and clearly marked on the outside: Bid No /BP Snack Drinks Office of Food & Nutrition Services 2:00 p.m. 10/20/06, along with company name and return address. All bids shall be mailed or hand-delivered to The School Board of Brevard County, Purchasing Department, Pod 8--Room 802, 2700 Judge Fran Jamieson Way, Viera, FL Bids will be received in the Office of Purchasing Services up until, but no later than: 2:00 p.m., October 20, Bids will be opened at that time. Any bid received after stipulated time and date will not be accepted, nor opened, and will be returned. BID - BOARD APPROVAL OR REJECTION AUTHORITY No bid may be withdrawn prior to Board approval without a written request by the bidder, and written consent of the buyer. The Board reserves the right to waive formalities in any bid and to accept any bid, or portion of any bid, which it considers to be in the best public interest, and to reject any or all bids. The decision of the Board shall be final. BRAND NAME REFERENCE: Although certain manufacturer brand names and numbers may be specified, alternates may be considered. The bidder by, bidding an alternate, warrants that products/services being bid meet or exceed all stated specifications. When an alternate is bid, bidder must furnish two (2) copies of complete literature on item(s) bid. Full-line catalogs will be appreciated. If an alternate is bid and descriptive literature is not included, bid will be considered invalid. As requested, each bid must be accompanied by two (2) copies of literature giving a complete description of the item(s) on which you are bidding to clearly present the quality, style and construction. All literature must be clearly identified by the name of the bidder, if applicable to materials, products, or equipment being offered. Bidders must insert brand names, model number and description of products bid. Terms and conditions, where applicable, are set out within the bid. In the event your firm has any immediate relatives employed by the School Board of Brevard County, please list any and all names and locations of employment. REF. SECTION FS If you have any questions concerning this bid, please contact: Becky Prosser, Buyer, Office of Purchasing Services, at , ext. 646.

6 SPECIFIC QUALIFICATION REQUIREMENTS OF BIDDERS This document is to explain and define the method of submitting and responding to all bids initiated by the Purchasing Department of the School Board of Brevard County. All bids and related documents will be submitted in the following manner and any deviation of this method will be specific cause for non-acceptance of said bid. Any document not completed in its entirety will be cause for non-acceptance of the respective bid. All bid responses will be separated into two (2) sealed envelopes labeled accordingly: ENVELOPE "A" MARKED WITH: Bid #, Date & Time of Opening, Category & Envelope "A" Sealed Envelope "A": will include only the following as checked. All checked documents must be enclosed in Envelope "A". Do not omit any required/check forms/submittals. X X X X 1) General Conditions - signed by bidder is required on all bids. 2) Asbestos (AHERA) Document - signed by bidder. Required if work is to be done on Brevard County School Board property. 3) Insurance Compliance Requirements - signed by bidder. Proof of Insurance to be included if work is to be done on Brevard County School Board property. 4) Bond Agreement - signed by bidder. 5% Bid Bond -- required with bid. 6) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions - signed by bidder. 7) Joint Cooperative Governmental Purchasing Program - signed by bidder. 8) Drug Free Work Place, Sect FL Statutes - signed by bidder. ENVELOPE "B" MARKED WITH: Bid #, Date & Time of Opening, Category and Envelope "B" (BID ONLY) Sealed Envelope "B": will include only the following: X 1) Bid Form - Annotating actual bid being offered with related cut sheets, specification sheets, or the documents relating to product being offered. Bidders' submittals, i.e., Envelope "A" and "B" must be sealed in one larger envelope marked with Company Name, Return Address, Bid Number, and Date & Time of Bid Opening. If any document included in our bid request that is required to be completed and returned in Envelope "A" is omitted or unsigned, the actual bid envelope "B" will be returned unopened and not considered. Any deviation from this format will be cause for return of bid or rejection of bid to non-responsive and/nonresponsible bidder. Bid envelope "A" will be opened first to determine compliance or noncompliance. Rev. 04/11/94

7 G E N E R A L C O N D I T I O N S The School Board of Brevard County SUBMIT BID TO: OFFICE OF PURCHASING SERVICES 2700 Judge Fran Jamieson Way Viera, FL BID TITLE: Snack Drinks Office of Food & Nutrition Services 2006/07 BID DUE DATE AND TIME: October 20, 2006 INVITATION TO BID Bid Acknowledgment ITB NO.: /BP BUYER: Becky Prosser PURCHASING TELEPHONE NUMBER: Ext. 646 ISSUE DATE: September 22, 2006 Vendor Name: Vendor Mailing Address: City State Zip Code: Vendor Taxpayer Identification Number: If returning as a No Bid state reason: Telephone Number: Toll-Free Number: Fax Number: Internet Address: Internet URL: I certify that this Bid is made without any prior understanding, agreement, or connection with any corporation, firm or person submitting a Bid for the materials, supplies or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of the Bid and certify that I am authorized to sign this Bid for the Bidder. In submitting a Bid to the School Board of Brevard County, the Bidder offers and agrees that if the Bid is accepted, the Bidder will convey, sell, assign or transfer to the School Board of Brevard County all rights, title and interest in and to all causes of action it may now or hereafter acquired under the Antitrust Laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the School Board of Brevard County. At the School Board s discretion, such assignment shall be made and become effective at the time of final payment to the Bidder. X Signature of Authorized Representative (Manual) Name of Authorized Representative (Typed or Printed) Title Date PURCHASING CARDS: Not applicable to this bid. District personnel may choose to use a Purchasing Card in place of a purchase order to make purchases from this bid. Unless exception to this condition is checked below, the bidder, by submitting a bid, agrees to accept the purchasing card as an acceptable form of payment and may not add additional service fees or handling charges to purchases made with the purchasing card. Refusal to accept this condition may cause your bid to be declared non-responsive. I do not accept the above condition. BIDDERS: To insure acceptance of the Bid, follow these instructions. 1. SEALED BID REQUIREMENTS: All bid sheets and this form must be executed and submitted in a sealed envelope. (DO NOT INCLUDE MORE THAN ONE BID PER ENVELOPE.) The face of the envelope shall contain in addition to the above address, the date and time of the bid opening and the bid number. Bids not submitted on attached bid form shall be rejected. All bids are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection.

8 General Conditions Cont d... ITB #07-023/BP 2. a) Taxes: The School Board does not pay federal excise and state sales taxes. Do not include these items on invoices. The applicable tax exemption number is shown on purchase orders. b) Mistakes: Bidders are expected to examine the specifications, delivery schedule, bid prices and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at bidder's risk. c) Conditioning & Packaging: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. d) Underwriter's Laboratories: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall carry U.L. approval of reexamination listing where such has been established by U.L. for the item(s) offered and furnished. e) Bidder's Conditions: Any conditions to be made as part of the bid should be submitted by letter with notes thereof on bid sheet for consideration. 3. Equivalents: Any manufacturer's names, trade names, brand names, information and/or catalog numbers listed in a specification, unless noted otherwise, are for information and not to limit competition. Bid any brand, which meets or exceeds the quality of specifications listed for any item. Indicate on the bid form the manufacturer s name and number and indicate any deviation from the specifications as listed. If the bid is based on equivalent products, include two (2) copies of fully descriptive literature on item(s). Lacking any written indication of intent to quote an alternate brand or model number, the bid will be considered as a quotation in complete compliance with the specifications as listed in the bid form. 4. Nonconformance to Contract Conditions: Items may be tested for compliance with specifications. Items delivered not conforming to specifications may be rejected and returned at vendor s expense. These items, and items not delivered as per delivery date in bid and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in: 1) Vendor s name being removed from the bid list, and 2) Claims against Performance Bonds will be implemented for damages. 5. Samples: Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder s expense. Request for the return of samples must be made within 10 days following opening of bids. Each individual sample must be labeled with bidder s name, bid number, and item number. Failure of bidder to either deliver required samples or to clearly identify samples as indicated may be reason for rejection of the bid. 6. Delivery: Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days required to make delivery after receipt of purchase order in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the user Monday through Friday. 7. Interpretations: Any questions concerning conditions and specifications shall be submitted to the buyer no later than three (3) days prior to the bid opening. 8. Notice of Bid Protest Bonding Requirement: Any person who files an action protesting a decision or intended decision pertaining to this bid pursuant to FS (3)(b), shall post with the purchasing department at the time of filing the formal written protest, a bond payable to the School Board of Brevard County in an amount equal to 1 percent (1%) of the total estimated contract value, but not less than $500 nor more than $5,000, which bond shall be conditioned upon the payment of all costs which may be adjudged against the protester in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. 9. Awards: Awards will be made to the lowest and best firm bid price from the most responsive and responsible bidder, meeting all the specifications and/or criteria, printed matter, attachments, drawings, schematics, and pre-bid conferences (if any.). In the best interest of the School Board, the right is reserved to reject any and all bids, to reject or accept any item or group of items. 10. Additional Quantities: Unless qualified by bidder, acquisition of additional quantities at prices quoted on the invitation is at Buyer s discretion. If not the case, the bid sheets must be noted Bid for Specified Quantity Only. 11. Inspection, Acceptance & Title: Inspection and acceptance will be at destination unless otherwise provided. Title to or risk of loss or damage to all items shall be the responsibility of the successful bidder until acceptance by the buyer. 12. Payment: Payment will be made by the accounting department or by Purchasing Card if applicable to this bid, after the items awarded to a vendor have been received, inspected, and found to comply with award specifications free of damage or defect and properly invoiced.

9 ITB #07-023/BP 13. Disputes: In case of any doubt or difference of opinion as to the items to be furnished, the decision of the buyer shall be final and binding on both parties. General Conditions Cont d Legal Requirements: Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. 15. Special Conditions: Any and all Special Conditions that may vary from these General Conditions shall have precedence. 16. Validity: Bids must be valid for one year after date of award, unless otherwise stipulated in bid request, or bidder s offer has been made and acceptance has been considered and accepted. 17. Asbestos Statement: All materials supplied to the School Board of Brevard County, Florida must be 100% asbestos free. Bidder by virtue of bidding, certifies by signing bid, that if awarded any portion of this bid, will supply only material or equipment that is 100% asbestos free. No bid will be considered unless this is agreed to by the bidder. 18. Material Safety Data Sheets: Pursuant to Chapter , Florida Statutes, suppliers will act in full compliance and provide, with every shipment, a Material Safety Data Sheet from the manufacturer of any product or compound substance, composed of or containing 1% or more of any toxic ingredient as compiled in the Florida Toxic Substance List. Failure to comply with this requirement is a violation of Florida Statutes and could result in the School District refusing delivery of the product(s). This Directive must be considered in your Bidding and Quoting on the enclosed requirements. 19. Conflict of Interest: In addition to full and complete adherence to the requirements provided in Chapter , Florida Statutes, all bidders must disclose with their bid the name of any officer, director, or agent who has a material interest in the bidder s firm and who is also an employee of the School Board of Brevard County. 20. Public Entity Crimes: All bidders are hereby placed on notice that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or a public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in s for CATEGORY TWO (currently $25,000.00) for a period of thirty six (36) months from the date of being placed on the convicted vendor list. 21. Federal Debarment Certification: Certification regarding debarment, suspension, ineligibility and voluntary exclusion as required by Executive Order 12549, Debarment and Suspension, and implemented at 34 CFR, Part 85, as defined at 34 CFR Part 85, Sections and (ED ). a. The prospective lower tier ($100,000) participant certifies, by submission and signature of this bid, that either it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this bid. 22. Davis-Bacon Act (34 CFR 80.36(i)(4)): All vendors, contractors and subcontractors must comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by the Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2000 awarded by grantees and sub-grantees when required by Federal grant program legislation). (Applies to all construction contracts in excess of $2000 awarded by the District and sub-grantees when required by Federal grant program legislation). 23. Liability, Insurance, Licenses and Permits: Where bidders are required to enter or go into School Board property to deliver materials or to perform work or services as a result of a bid award, the bidder agrees to the Hold Harmless Agreement stated herein and will assume the full duty obligation and expense of obtaining all necessary licenses, permits and insurances. The bidder shall be liable for any damages or loss to the Board occasioned by negligence of the bidder (or agent) or any person the bidder has designated in the completion of the contract as a result of their bid. 24. Hold Harmless and Indemnification: During the term of this bid the bidder shall, unless specifically prohibited by Statute or Law, indemnify, hold harmless, and defend the School Board of Brevard County, Florida, its agents, servants and employees from any and all costs and expenses, including but not limited to, attorney s fees, reasonable investigative and discovery costs, court costs and all other sums which the Board, its agents, servants and employees, may pay or become obligated to pay on account of any, all and every claim or demand, or assertion of liability, including claims against the School Board for liability resulting from their negligence or any claims or actions founded, thereon, arising or alleged to have arisen out of the products, goods or services furnished by the bidder, his agents, servants or employees, or any of his equipment when such persons or equipment are on premises owned or controlled by the Board for the purpose of performing services, delivering products or goods, installing equipment, or otherwise transacting business, whether such claim or claims be for damages, injury to person or property, including the Board s property, or death of any person, group or organization, whether employed by the bidder or the Board or otherwise.

10 25. Bidders and/or interested parties may attend this bid opening.

11 SCHOOL BOARD OF BREVARD COUNTY OFFICE OF PURCHASING SERVICES 2700 JUDGE FRAN JAMIESON WAY VIERA, FL INSURANCE REQUIREMENTS & HOLD HARMLESS AGREEMENT INSURANCE All bidders shall furnish, with their bid, a Certificate of Insurance as proof of the following coverage. Such certificate must contain a provision for notification to the Board thirty (30) days in advance of any material change in coverage or cancellation. Upon award the School Board of Brevard County, Florida, shall be included as an additional insured under the General Liability policy including Products Liability. This is applicable only to deliveries inside the facilities, or services furnished on sites of the School Board of Brevard County. 1. General Liability Insurance, including Contractual Liability to cover the Hold Harmless Agreement set forth herein, with bodily injury limits of not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage. 2. Product Liability or Completed Operations Insurance with bodily injury limits of liability of not less than $500,000 per occurrence. 3. Automobile Liability Insurance of not less than $1,000,000 per occurrence. 4. Workers Compensation and Employers Liability Insurance with statutory limits. HOLD HARMLESS AGREEMENT The successful bidder agrees, by accepting the award of this bid, to the following Hold Harmless Agreement : During the term of this bid the vendor shall indemnify, hold harmless, and defend the School Board of Brevard County, Florida, its agents, servants and employees from any and all costs and expenses, including but not limited to, attorney s fees, reasonable investigative and discovery costs, court costs and all other sums which the Board, its agents, servants and employees may pay or become obligated to pay on account of any, all and every claim or demand, or assertion of liability, or any claim and every claim or demand or assertion arisen out of the products, goods or services furnished by the vendor, his agents, servants or employees, or any of his equipment when such persons or equipment are on premises owned or controlled by the Board for the purpose of performing services, delivering products or goods, installing equipment, or otherwise transacting business, whether such claim or claims be for damages, injury to person or property, including the Board s property, or death of any person, group or organization, whether employed by the vendor or the Board or otherwise. Any questions as to the intent or meaning of any part of the above-required coverage should be brought to the Director of Risk Management of the School Board of Brevard County, Florida. Company Name Signature Date Authorized Agent of Company

12 SCHOOL BOARD OF BREVARD COUNTY OFFICE OF PURCHASING SERVICES 2700 JUDGE FRAN JAMIESON WAY VIERA, FL TO: FROM: SUBJECT: RE: All Bidders Lynda Jones, Director Purchasing and Warehouse Services Cooperative Bids Joint Cooperative Governmental Purchasing Program, State Board of Education Rule 6A Para 5, SICOP, and Central Florida School Board Purchasing Consortium BID: #07-023/BP Snack Drinks Office of Food and Nutrition Services 2006/07 In accordance with the Brevard County Joint Cooperative Governmental Purchasing Program and 6A-1.012, please be so notified that the Brevard County Commission and any and all other Florida school districts, governmental agencies, municipalities and Brevard County entities are hereby authorized to procure from this bid, at their own discretion. The quantities listed herein are only anticipated estimated usages from the Brevard County School Board and do not reflect usage factors from other Brevard County governmental agencies or state school districts. Please govern yourselves accordingly. The Brevard County School Board Office of Purchasing Services is at all times custodian of this bid. Please sign and return to the above named, with your bid, at the address listed above, if your firm is in full agreement. Name & Mailing Address of Vendor Signature of Authorized Representative Telephone Number Dated: BE/pn Rev. 3/12/98

13 SCHOOL BOARD OF BREVARD COUNTY OFFICE OF PURCHASING SERVICES 2700 JUDGE FRAN JAMIESON WAY VIERA, FL DRUG FREE WORK PLACE, SECTION FL STATUTES IDENTICAL TIE BID - Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies it has implemented a drugfree workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (Provide School District with a copy of said document with firm s name on Notification Document.) 2) Inform employees about the dangers of drug abuse in the workplace, the business s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any convictions of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the work place no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee s community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sight the statement, I certify that this firm complies fully with the above requirements. Vendor s Corporate Name Signature of Bidders Executive Officer

14 Bid #07-023/BP Snack Drinks Office of Food and Nutrition Services 2006/07 1 SCOPE OF BID 1.1 The intent and purpose of this invitation to bid is to establish a contract for 1 year during which time the successful bidder(s) shall guarantee firm prices for the snack drink items awarded to him/her as specified in this bid. 1.2 Bid Award Awards will be made to the lowest overall bidder for each item or group of items and meet all other requirements. The successful bidder will be the one that has the lowest overall total, computed by extending the unit and the quantity for each item and totaling all extensions and meeting all other requirements of the bid. The past performance of suppliers shall also be considered. 2 SPECIFICATIONS 2.1 Delivery Delivery shall be F.O.B. to various locations in Brevard County. Delivery charges, or fees, if any, shall be included in the price bid. No charges shall be noted on the invoice for delivery or handling fees. Vendors are responsible for supplying all labor, materials and equipment required for the off loading and placement of items as directed Deliveries will be available at hours agreed to by the Cafeteria Manager and must be delivered directly into the kitchen. There will be no minimum delivery value. Service may be a determining factor of the bid. If a designated delivery day is a holiday or an in-service day, the delivery will be made the following school day Delivery will be permitted between the hours of 6:30 am and 3:00 pm on school days. The time of delivery shall be scheduled so that a responsible school employee can check all products at the time of delivery. Under NO circumstances will a driver be given a key to a school Confirmed delivery schedules must be met. In the event that a delivery cannot be met, in the case of an emergency, the cafeteria manager must be notified forty eight (48) hours prior to the scheduled delivery Service Level Performance The successful bidder must maintain a minimum on time fill ratio of ninety seven percent (97%). Failure to maintain the on time fill ratio or repeated failure to comply with any of the terms and requirements of the bid will indicate non-conformance to contract conditions and may result in the District exercising its option to terminate the contract (Section 5.2) Non-Deliveries and Backorders Items not delivered (backordered) with any scheduled order will be delivered within forty eight (48) hours, unless the cafeteria manager cancels the order Substitutions Substitutions of brand names as awarded must be approved, prior to delivery, by the Director of Food and Nutrition Service. 2.2 Usage/Pricing Reports The successful bidder shall be required to submit to the Director of Food and Nutrition Service a detailed listing (by District only, not by individual school) of the product delivered. These usage reports must also include non-bid items delivered. These items shall be set apart from bid award items. The cumulative report shall be submitted on a quarterly basis. 2.3 Invoice and Statements Two copies of the invoice/delivery ticket (original and a copy) are to be left with the Cafeteria Manager for each delivery. Statements are to be mailed to the School Board of Brevard County, School Lunch Accounting Office, 2700 Judge Fran Jamieson Way, Viera, FL Rejections The District reserves the right to reject any bid item that exceeds our anticipated budgeted allocation.

15 Bid #07-023/BP 9/22/2006 Page Product Specifications Buy American Compliance As a sponsor of the National School Lunch and School Breakfast Programs, the District will consider only applicable products which comply with the requirements of the Buy American Act. The Buy American Provision Section 104(d) of the William F. Goodling Child Nutrition Reauthorization Act of 1998 requires schools and institutions participating in the NSLP and SBP in the contiguous United States to purchase, to the maximum extent practicable, domestic commodities or products for use in meals served under the programs. The legislation defines domestic commodity or product as one that is produced in the United States and is processed in the United States, substantially using agricultural commodities that are produced in the United States. The report accompanying the legislation stipulated that substantially means over 51 percent of the final processed product consists of agricultural commodities that were grown domestically. It is the District s intent to strictly adhere to this policy. Decisions to the contrary shall be the District s responsibility. The bidder shall give the District advance notice of any conflict with this policy The Board shall have the right to inspection and testing of products at any time after arrival at a school The Board shall have the right to reject any snack or drink product not in conformity with specification requirements. 3 CONTRACTOR QUALIFICATIONS 3.1 Licensing The contractor shall hold an appropriate occupational license. This license must be valid at the time of the bid opening. A copy must be provided with the bid and updated annually. The Contractor shall notify the School board of Brevard County if any change occurs in regards to licenses. 3.2 Services Bidders must be able to efficiently service the entire Brevard School District. Refer to attached list of schools. 3.3 Availability The successful bidder will maintain an office conveniently available to the schools with an organizational structure to include a supervisor and a dedicated District contract. 3.4 Self-Proprietorship The successful bidder will provide delivery and service with company employees and company owned and insured vehicles and equipment. Subcontracting will not be allowed 3.5 Purchasing Card The School Board of Brevard County has implemented a Purchasing Card Program. The successful bidder must accept credit card purchases. 3.6 Compliance Requirements No company s bid shall be considered whose operation, to include all facilities and vehicles are not available for unannounced inspections by District personnel. 4 BID SHEET INSTRUCTIONS 4.1 If the product being bid is sized differently than as specified on the bid price sheet, bidder must indicate product size being bid. 4.2 Trade names listed on bid sheets are to indicate the quality and are for specification purposes only. 4.3 Bidders must supply all the information requested for each item. It is to be clearly understood that on all items all applicable information must be clearly marked on the bid (supporting documentation/spec sheets may be attached to the bid price sheet) to eliminate any cause for question. Bidders not providing the required information on bid items will be cause for rejection of that item and therefore the entire bid. Unit cost must be shown on each item and each item extended to show total cost.

16 Bid #07-023/BP 9/22/2006 Page 3 5 TERMS AND CONDITIONS 5.1 Lowest and Best Bid The SCHOOL BOARD intends to accept the lowest and best bid submitted to it. The term lowest aforesaid shall be interpreted to mean the lowest Total Net Bid Price for each price sheet item or group of items. In determining which is the lowest and best bid received, the SCHOOL BOARD shall also consider and weigh (a) the experience, qualifications and reputation of each Bidder, and (b) the quality of products and services proposed by each Bidder. The SCHOOL BOARD reserves the right to: 1. Reject any or all bids received by it. 2. Waive minor informalities in any bid. 3. Accept any bid or part thereof, which in its judgment, will be in the best interest of the School Board of Brevard County, Florida. 5.2 Term and Renewal of Contract The term of this contract shall be for a period of twelve (12) months, from date of award. This stipulation shall be the subject of a thirty (30) day written notice of cancellation by either party. All prices shall be firm for the term of the contract. The awardee shall agree to this condition by signing their bid. If required, upon mutual agreement the contract will be extended 90 days beyond the contract expiration date. The School Board reserves the right to renew this contract or any portion thereof, for up to two (2) consecutive one year periods, upon mutual agreement with awardee(s) in writing. The School Board, through the Office of Purchasing Services shall, if considering renewing the contract, request a letter of intent to renew from the awardee prior to the end of the contract period. The awarded vendor may, at the time of renewal, petition the Office of Food & Nutrition Services Director to allow an increase in certain prices for the following reasons: Market increases, emergencies created by unusual market conditions, unusual fluctuations in the cost of freight etc. Approval or rejection of requested increases will be based on the provision of supporting documentation. 5.3 Termination of Contract The School Board of Brevard County may, by written notice to the successful bidder, terminate the contract if the bidder has been found to have failed to perform its service in a manner satisfactory to the School Board as per specifications, including delivery as specified. The date of termination shall be stated in the notice. The School Board shall be the sole judge of non-performance and has the right to suspend the bidder for a maximum period of one year. 5.4 Quantity The estimated quantities that will be purchased during this bid period of twelve (12) months are indicated on the bid price sheets. Please note that these are estimates only and in no way obligate the School Board to purchase these amounts. These estimated are intended as a guide in submitting a bid. The actual quantities purchased under this contract may be more, or less than the estimated quantities. Overages of items will not be picked up by the School Board of Brevard County at the end of the buying cycle of the bid. 5.5 Additional Items The School Board reserves the right to negotiate pricing with the successful bidder to supply additional items which may be required. These items may be added to the contract after the original award. Acceptance will be based on existing cost parameters. 5.6 Proof of Insurance Certificates of Insurance, as outlined herein, shall be furnished to the School Board of Brevard County, Florida, within two (2) working days of the notification of intent to award the contract. All insurance policies shall be in force for the term of the contract and contain a Rider that the insurance policies are non-cancelable without a thirty (30) day prior written notice to the parties insured. Certificates of Insurance shall name the School Board as an Additional Insured where herein specified. These Certificates of Insurance shall be sent to: The School Board of Brevard County, Florida, Office of Purchasing Services, 2700 Judge Fran Jamieson Way, Viera, Florida, Public Liability Insurance Insurance shall be in the amount of not less than One Million Dollars ($1,000,000.00) for bodily injuries, including wrongful death to any one person, and subject to the same limit for each person, in an amount not less than One Million Dollars ($1,000,000.00) for damages on account of all accidents. Automobile property damage shall not be less than One Million Dollars ($1,000,000.00). The limits specified herein are minimum limits.

17 Bid #07-023/BP 9/22/2006 Page 4 2. Property Damage Insurance In the amount not less than One Million Dollars ($1,000,000.00) for damages on account of any one accident, and in an amount not less than One Million Dollars ($1,000,000.00) for damages on account of all incidents. Automobile property damage shall not be less than One Million Dollars ($1,000,000.00). The limits specified herein are minimum limits. 3. Compensation Insurance The Contractor shall maintain during the life of this contract, Worker s Compensation Insurance in accordance with Florida Statute Hold Harmless and Indemnification Agreement The Vendor shall assume full responsibility for and shall indemnify the School Board for any and all loss or damage whatsoever kind and nature to all School Board property which is in his custody for service under this agreement resulting in part from the negligent act or omission of the Vendor, employee, agent or representative of the Vendor. 5.8 Protection of Property The successful bidder shall at all times guard from damage or loss of property of the School Board or of other vendors or contractors and shall replace or repair any damage unless such be caused by the School Board, other vendors or contractors. The School Board may withhold payment or make such deductions, as it may deem necessary to ensure reimbursement. 5.9 Debris Vendor will be responsible for the prompt removal of all debris from District Property, which is a result of this service or delivery. DO NOT USE THE SCHOOL S TRASH RECEPTACLES Jessica Lunsford Act AS A CONDITION OF THE AWARD, the successful Contractor shall, at its own expense, ensure that all of Contractor s employees and the employees of Contractor s subcontractors who will be permitted access on school grounds when students are present meet the background screening requirements of Section , Florida Statute (Jessica Lunsford Act). Contractor s failure to comply with this requirement will constitute a material breach of the contract W9 Form AS A CONDITION OF THE AWARD, the successful Contractor shall furnish the District with a copy of their W9 form Request for Taxpayer Identification Number and Certification Inquiries Please direct all inquiries concerning this bid to: Becky Prosser, Buyer, Office of Purchasing Services. 321/ ext. 646 Attachments: A - List of Schools

18 SCHOOL BOARD OF BREVARD COUNTY, FLORIDA OFFICE OF PURCHASING SERVICES 2700 JUDGE FRAN JAMIESON WAY VIERA, FL September 22, 2006 BID #07-023/BP Snacks & Drinks Office of Food & Nutrition Services 2006/07 Return this bid package as instructed on the Specific Qualification Requirements page. Our form must be used. No other Form will be accepted. Please bid on specifications, or equal. TIME REQUIRED FOR DELIVERY, AFTER RECEIPT OF ORDER BID VALID UNTIL: (Refer to Term & Renewal of Contract) Name & Mailing Address of Company, Zip. Order Contact Person Telephone # Toll Free # Fax # Print Name Signature BIDDERS MUST INSERT BRAND NAMES, MODEL NUMBER AND DESCRIPTION OF PRODUCTS BID AND INCLUDE TWO (2) COPIES OF DESCRIPTIVE LITERATURE. THIS FORM MUST BE RETURNED ALONG WITH BID IN ENVELOPE B. CHECK UNIT PRICES: Please be sure to check all unit prices and extensions. In the event an error is made in submitting your bid prices, the unit price will be used in determining the correct bid price. TERM AND RENEWAL OF CONTRACT: The term of this contract shall be a period of one year from the date of award by the School Board of Brevard County, Florida. This stipulation shall be subject to a thirty (30) day written notice of cancellation by each party. All prices shall be firm for the term of the contract. The awardee(s) shall agree to this condition by signing their bid. If required, upon mutual agreement the contract will be extended 90 days beyond the contract expiration date. The School Board reserves the right to renew this contract or any portion thereof, for up to two (additional) one year periods, upon mutual agreement with awardee(s), in writing. The School Board, through the Office of Purchasing Services shall, if considering renewing the contract, request a letter of intent to renew from the awardee prior to the end of the current contract period. BID RESULTS WILL NOT BE TRANSMITTED BY PHONE.

19 Bid #07-023/BP Price Sheet 09/22/06 Page 2 Insert Company Name Item No. Description of Item Quantity and Unit Price Per Unit Total Cost 1. CAPPUCCINO/HOT CHOCOLATE PROGRAM Bidders shall be required to bid on both items in Part 1 to be considered for an award. The contract for Part 1 will be awarded to one bidder. The successful bidder shall be the one that has the lowest overall total computed by extending the price per unit and the quantity of each item and totaling the extensions. NOTE: Equipment shall be provided and maintained by distributor. A. CAPPUCCINO Crème de la Crème Product Only Powder mix, just add water. Assorted flavors, meets minimum of 40% daily requirement of calcium. State Yield Per Pack (Based on 12 oz. serving): 200 cases or more $ $ State Pack: State Brand: Acceptable Brands Superior, Barnie s Coffees B. HOT CHOCOLATE Powder mix, just add water. Assorted flavors, meets minimum of 40% daily requirement of calcium. State Yield Per Pack (Based on 12 oz. serving): 200 cases or more $ $ State Pack: State Brand: Acceptable Brands Superior, Barnie s Coffees TOTAL COST FOR 1A & 2B $ CAPPUCCINO PROGRAM SHALL INCLUDE: Option to purchase 12 Oz. cups bearing successful bidders logo 1000 Count/Approximately 50 Cases. Option to purchase appropriate lids for branded cups 1000 Count/Approximately 50 Cases. Although the cup and lid pricing is not an evaluation factor, the prices shall be firm for the term of the contract. Cup Quantity/Price Per Case: Lid Quantity/Price Per Case: /$ /$

20 Bid #07-023/BP Price Sheet 09/22/06 Page 3 Insert Company Name Item No. Description of Item Quantity and Unit Price Per Unit Total Cost 2. FRUIT SMOOTHIE FROZEN DRINK PROGRAM: Minimum of ten (10) assorted flavor fruit smoothie mixes made with real fruit puree (36-52%) or fruit juice (50%) only. May be mixed with ice cream or non-fat yogurt. Must be shipped frozen. Shelf life of refrigerated fruit products not to exceed sixty (60) days if unopened; twenty-one (21) days if opened. Fruit mixes are to be pasteurized to guarantee freshness. Acceptable Brand Island Oasis, Ridgefield s Pack Size: Cost Per fluid oz. at full dilution ratio of product before refreezing in provided dispensing equipment: 1000 cases or more $ $ SMOOTHIE PROGRAM MAY INCLUDE: 1) Option to purchase cups bearing successful bidders logo. Preferable size of logo cup is 12 fluid ounces. Lids should also be available. Although the cup and lid pricing is not an evaluation factor, the prices shall be firm for the term of the contract. Cup Quantity/Price Per Case: Lid Quantity/Price Per Case: /$ /$ SMOOTHIE PROGRAM SHALL INCLUDE: 1) Equipment for dispensing product shall be included free of charge. Equipment should include 1-3 head granita machines and/or single head batch freezers for high volume schools (over 1000 students). 2) Company shall provide installation of equipment, training of cafeteria manager on the operation of equipment, and sampling of product to the student population of the school for one day of routine operation.