GENERAL TERMS AND CONDITIONS INVITATION TO BID

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GENERAL TERMS AND CONDITIONS INVITATION TO BID 1. Sealed bids for furnishing the following will be received by the Somerset Independent Board of Education, 305 College Street, Somerset, Kentucky 42501, until the date and time stated on the cover page. No faxed bids will be accepted. 2. Quote your single best net price on items delivered to the address specified with all transportation charges prepaid. 3. Bids must be firm. Those containing escalator clauses cannot be accepted, unless specifically called for in the special conditions. To receive consideration, bids must be made on this form and signed in ink. Delivery guarantee must be shown. 4. Bidder must comply with the following statues: KRS 523.040 45A.330 to 164.390, 45A.325, 158.854, and 45 A.080. 5. The Board of Education reserves the right to waive defects and informalities in proposals, to reject any or all bids, or to accept any bid as may be deemed to its interest, and to award by item, combination of items or lot and average low cost for groups of similar items. 6. In case of default by the bidder on supplying foods and supplies to the school, the bidder shall be held responsible for any excess costs to the school. 7. It is to be understood that the bidder, if awarded an order or contract, agrees to protect, defend and save harmless the Board of Education from any suits or demands for payment that may be brought against it for the use of any patented materials, process, article or device that may enter into the manufacture, construction or form a part of the work covered by either order or contract; and he further agrees to indemnify and save harmless the Board of Education from suits or actions of every nature and description brought against it for, or on account of any injuries or demands received or sustained by any party or parties by, or for any of the acts of the contractor, his servants, or agents. 8. Follow the USDA s All Foods Sold in Schools Standards and provide Nutritional Facts for products available in vending machines located in Somerset High School.

Soft Drink and Related Products Bid Analysis Form To the Vendor: Please fill out completely and include authorized signature at the bottom. Failure to do so may invalidate your bid. This form WILL used to make a recommendation to the Somerset Board of Education. 1. Vending Machine Soft Drinks: Vending Price % of Gross Sales % of Gross Sales to At High School to School: to Vendor: Juice Non-Carbonated: Vending Price: % of Gross Sales % of Gross Sales to School: to Vendor: Bottled Water: Vending Price: % of Gross Sales % of Gross Sales to School: to Vendor: 2. 20 ox. Plastic Bottles/Soft Drink Cost to School 12 oz. Cans/Soft Drink 3. Do you agree to all conditions, clauses, specifications and stipulations as set forth and distributed as a part of this bid package? Yes No 4. Do you specifically agree to furnish, install and maintain scoreboards for the district as listed in the specifications? Yes No 5. Do you specifically agree to furnish and set-up beverage trailers on an as-needed basis?

Yes No Signature Title SPECIFICATIONS SCOPE OF CONTRACT: The Somerset Independent Board of Education issues this Invitation to Bid on the establishment of a price contract on: Baseball SOFT DRINK SERVICE New scoreboard with an agreement to maintain Soccer New scoreboard with an agreement to maintain Football New scoreboard with an agreement to maintain Basketball New Scoreboards (4) with an agreement to maintain Softball

Product packaged in 20 oz. Plastic bottles Product packaged in 12oz. cans New Scoreboard with an agreement to maintain Schools Porter Hopkins Elementary: 1 Soft Drink Vending Machine Faculty Access Only Somerset High School: 5 Soft Drink Vending Machines Administation Building: 1 Soft Drink Vending Machine Faculty Access Only Special Events Services to be provided on request. Must be available to re-stock within 24 hours of notice. New scoreboards will not be installed if current vendor is the approved vendor for the 2014 2016. CONTRACT PERIOD: The contract established from this sealed bid will be for the period of two (2) years beginning on July 1, 2014. SCHOOLS TO BE SERVED: This contract shall be for use by the following schools: Hopkins Primary, Meece Middle, Somerset High School and Administration Building. BASIS OF PRICE QUOTATIONS: Commissions quoted in response to this Invitation shall remain firm for the period of the contract. Revisions may be requested by either of the contracting parties and must be requested in writing. The requesting party must furnish documented evidence substantiating the validity of the request. The party to whom the request is presented must notify the requesting party of his decision within 30 days after receipt of the request or satisfactory supporting documentation which ever occurs later. In the event the requested revision is refused, the requesting party shall have the right to withdraw from the contract, without prejudice. Provided, however, that the vendor must continue service, at the contract prices, until a new contract can be established.

SERVICE PERFORMANCE: All services performed under contract shall be in accordance with the terms and provisions of the contract. It will be the agency s responsibility to ensure that such services rendered are performed and acceptable. TERMINATION OF CONTRACT: The Board of Education reserves the right to terminate the contract for convenience when requirement under the contract no longer exist or changes in such supplies for services render the contract as not responsible to the needs of the Board. A written notice will be given to the vendor at least 30 days prior to such proposed termination date. SITE VISIT: Bidders are urged and expected to inspect the site where services are to be performed and to satisfy themselves as to all general and local conditions that may affect the cost of the cost of performance of the contract, to the extent such information is reasonably obtainable. In no event will a failure to inspect the site constitute grounds for a claim after award of the contract. METHOD OF AWARD: commission of gross sales. The contract will be awarded based on the highest percentage ADDING ITEMS OR SERVICES: Additional items or services that come within the scope of the resultant contract and found to be needed by the using agency may be added to the contract if mutually agreeable to both vendor and using agency. REQUIREMENTS: The successful bidder will be expected to furnish all equipment, products and services in fulfilling his part of the contract. This is the minimum number of machines that will be required to provide adequate vending service for the various locations. The vendor agrees to make additions and/or changes in each existing or future locations as may be required. All such changes must be made with the approval of the high school principal under the terms and conditions as contained herein. COMMISSION PAYMENTS: The successful bidder must make commission payments on or before the 10 th of the month following the month in which the commission was earned. The payment should be made in the form of a check and sent to the respective schools. Late payments may serve as justification for cancellation of the contract. The successful bidder shall submit a commission report of the vending operation along with the commission payment. TERMINATION: Upon termination of vending contract, vendor shall remove all equipment and vacate all premises occupied for vending within 10 days after termination of contract. CONNECTION OF EQUIPMENT: Electricity and water connections and outlets will be supplied at such vending machine location by the facility. Final connections are to be made by the successful bidder.

PRODUCTS: All food products shall be date coded or some other method shall be used that is sufficient to determine age of product. All products vended must meet all standards of Food and Drug Administration. REFUNDS: Refunds are to be the responsibility of the vending machine operator and a uniform systems of refunding money, acceptable to the high school, is to be in operation at all times. LIST OF SERIAL NUMBERS BY LOCATION: It will be the vendor s responsibility of a maximum of thirty (30) days after complete installation, to supply the high school principal a list, by location, of all machines. SERVICE: Vending machines must be serviced regularly and an ample stock of merchandise must be maintained in each machine at all locations. All units must be kept free of dirt and the equipment sanitized on a regular basis in accordance with all state and county sanitation laws or the contract is subject to cancellation. Sanitary, leak-proof disposal units (waste receptacles) must be emptied and sanitized at least daily when said location is available for use. The vendor must be able to provide daily service, if requested, for school events. REPAIR SERVICE: Successful bidder must provide repair service on a 24-hour day a week basis. Also, an attendant must be furnished as needed at the Somerset location. TAX AND LICENSE FEES: It shall be the responsibility of the vendor to comply with any and all local, state or federal requirements concerning license, taxes, sanitation requirements, etc. SERVICE PERSONNEL: Servicemen will be dressed in clean uniforms and will observe all regulations in effect at the high school. The school will be provided with the names, addresses, and telephone numbers of all service personnel. A decal with the service personnel s name and telephone number will be affixed to at least one machine in each location. AUDIT: All records of products, sales, machine maintenance and sanitation are to be made available to the Principals office for inspection when required. We reserve the right to verify o an unannounced basis the removal of moneys and/or products from each machine. DAMAGE: The Somerset Board of Education or Somerset High School will not be responsible for damage or loss to vending equipment and contents due to vandalism, robbery or any other action or cause. The Somerset High School will cooperate to the extent it deems feasible in guarding against such occurrences. SALE OF PRODUCTS: All products sold by the vendor must be sold exclusively through vending machines, in accordance with the terms herein agree upon. SELLING PRICES: The selling prices to consumer will be as listed herein. These prices cannot be changed unless the following procedure is followed. If the successful vendor wishes to change

any price, he must ask permission to d o so in writing to the high school principal thirty (30) days before the proposed change. No change may occur without the principal s consent. DOLLAR BILL CHANGER: Of a type that makes change for one-dollar bills with the adequate amounts of change at each location as required. METERS: All vending equipment must have tamper proof meters. TIMERS: All soft drink vending equipment must be equipped with timers and the vendor must be responsive within 24 hours to re-set the timers to the Principal s specifications. MINIMUM NUTRITIONAL STANDARDS: All products sold in vending machines will follow the federal guidelines listed below and provide Nutritional Facts Labels for all products offered in soft drink machines located in Somerset High School. Specifications for beverages offered in vending machines at Somerset High School; No more than 20 oz. portions of 1. Calorie-free, flavored water (with or without carbonation); and 2. Other flavored and/or carbonated beverages that are labeled to contain < 5 calories per 8 fluid ounces or 10 calories per 20 fluid ounces. 3. No more than 12-ounce portions of beverages with 40 calories per 8 fluid ounces, or 60 calories per 12 fluid ounces.