1-2) Bid Front End Docs.doc

REQUEST FOR PROPOSAL

FOR

Commercial Food Service Serving Line Equipment Solicitation # 26-024S Issued By:

Schertz-Cibolo-Universal City Independent School District Closing Date:

2:00 PM

August 04, 2026 SCUC ISD is accepting proposals to provide and install two Cafeteria Serving Line Replacements at Laura Ingalls Wilder Intermediate School and Barbara C. Jordan Intermediate School, in accordance with the instructions, specifications, terms, and conditions, contained in this Solicitation.

ADDENDA TO RFP. SCUCISD reserves the right to revise and amend the specifications prior to the date set for the receipt of proposals. Respondents are requested to clarify any ambiguity, conflict, discrepancy, omission, or other error(s) in the RFP in writing. Revisions or amendments, if any, will be made by issuing an addendum. Every effort will be made to send addenda issued to the parties known to have been furnished a complete copy of the RFP. It is the responsibility of each Contractor, prior to submitting the Proposal, to contact the Purchasing Department to determine if addenda were issued and, if so, to obtain such addenda for attachment to the Proposal. Register online at https://scucisd.bonfirehub.com/ to receive any addenda and submit questions or comments concerning this solicitation.

For Further Information Contact:

SCUCISD Purchasing & Supply Department

Attn: Laura Bradshaw 1056 Elbel Road, Schertz, TX 78154

PH: 210-945-6223

Email: lbradshaw@scucisd.org

TABLE OF CONTENTS

SECTION 1 – INSTRUCTIONS

SECTION 2 – SPECIFICATIONS

SECTION 3 – EVALUATION CRITERIA AND SUBMITTAL REQUIREMENTS

SECTION 4 – GENERAL TERMS AND CONDITIONS

SECTION 1 – INSTRUCTIONS

1. PROPOSAL SUBMISSION: To be considered, the proposal must be prepared in the manner and detail specified in this proposal.

a. Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of the RFP. Extensive binding, colored displays, promotional materials, etc., are not necessary or desired. Emphasis should be concentrated on conformance and clarity of content.

b. PRE-PROPOSAL MEETING / PROPOSAL GUARANTEE: Not Applicable

c. SUBMITTAL DEADLINE: Bids/Proposals will be received electronically via our Euna Bonfire bidding platform at https://scucisd.bonfirehub.com/ until August, 04, 2026, 2:00 PM, local time.

d. Submissions that are sent via facsimile or e-mail will not be considered.

e. Proposal submissions received late, unsigned, or in locations other than as stated in this solicitation will be returned without consideration.

f. The Schertz-Cibolo-Universal City Independent School District will not be bound to accept the lowest or any Proposal and reserves the right to accept or reject in whole or in part, any and all Proposals, to negotiate portions thereof, and to waive any minor informality.

g. All costs incurred in the preparation and submission of the RFP response shall be borne solely by the Vendor. Where Vendors may be required to perform a presentation, give demonstrations, provide samples and/or technical literature, or participate in any interview process as related to this solicitation, all costs shall be borne by the Vendor.

h. Any Proposals submitted in response to this Request for Proposal will become irrevocable upon the closing time and remain open for acceptance for ninety (90) days from the closing date whether or not another RFP has been accepted.

i. SCUCISD is part of a multi-member purchasing alliance. Please see General Terms and Conditions – Central Texas Purchasing Alliance (CTPA) Adoption Clause for additional information.

j. SUBMISSION OF A PROPOSAL shall be construed to mean that the Vendor agrees to carry out all the conditions set forth in this document. Any proposed variation from the specifications, terms and conditions shall be clearly identified. Please provide details of any non-compliance with stated conditions on the deviation summary section provided on the Exceptions form Attachment D. If no changes are indicated, the District shall expect to receive the service(s) exactly as specified.

k. FORM OF CONTRACT: A Vendor's signature on the response to this RFP and the district's acceptance of that Proposal should constitute an adequate set of terms and conditions for the performance of the required services. However, if a vendor expects the District to sign a separate service agreement, a copy of that document must be provided along with RFP response for evaluation.

l. The Solicitation Forms provided must be used. Failure to follow these instructions may cause a Proposal to be determined as non-responsive and the Proposal to be rejected. The above information must be clear and concise.

m. The District reserves the right to select any offer it deems the best value, regardless of price.

2. RFP CLARIFICATION: Questions regarding this RFP should be submitted via https://scucisd.bonfirehub.com/. Answers citing the question will be distributed simultaneously to all known prospective offerors through Euna Bonfire. Oral answers provided by SCUCISD or its agents shall not be binding. No modification or amendment to this Request for Proposal shall be valid unless it is set forth in writing -- via a signed addendum or amendment from the District Purchasing Office.

DEADLINE FOR QUESTIONS: Questions regarding this RFP must be submitted in writing via Euna Bonfire at https://scucisd.bonfirehub.com/ on or before July 22, 2026, 12:00 PM

3. PROPOSER RESPONSIBILITY: We expect you to be thoroughly familiar with all specifications and requirements of this RFP. Your failure or omission to examine any relevant form, article, site or document will not relieve you, as a contractor, from any obligation regarding this RFP. By submitting a Response, you are presumed to concur with all terms, conditions, and specifications of this RFP. Any exception must be clearly defined and referenced in the proper paragraph in this Solicitation. Objections we consider excessive or affecting vital terms may reduce or eliminate your prospects for the award.

4. COMPLETENESS: The proposal shall be completed in all respects as indicated. A Proposal may be rejected if it is conditional or incomplete, or if it contains irregularities of any kind.

5. FALSE/MISLEADING STATEMENTS: A proposal that contains false or misleading statements, or which provides references that do not support an attribute or capability of the proposed system or service may be rejected. If, in the opinion of the District, such information was intended to mislead the District in its evaluation of the Proposal and the attribute, condition, or capability as a requirement of the RFP, the Proposal shall be rejected.

6. PROPOSAL SIGNATURE: The Proposal must be signed by an individual who is authorized to bind the responding firm contractually. The signature should indicate the title or position that the individual holds in the firm. Firms who sign their contracts with the name of the firm must provide the name of the corporate officer for signature validation by the District. An unsigned Proposal shall be rejected.

7. AWARD: SCUCISD will award to the contractor(s) who presents the greatest value, in our view, to SCUCISD from the standpoint of suitability to purpose, quality, service, previous experience, price, ability to deliver, or for any other reason deemed by the District to be in the best interest of SCUCISD. Thus, the result will not be determined by price alone but by the applicable criteria as listed under EVALUATION CRITERIA.

8. PRECEDENCE: In the event of contradictions or conflicts between the provisions of the documents comprising the Contract, they will be resolved by giving precedence in the following order:

1) the provisions of the Contract (as it may be amended);

2) the provisions of the RFP (as it may be supplemented).

3) the provisions of the Contractors Response (as it may be clarified);

9. CONTRACT PERIOD: The District intends to award one (1) contract to begin immediately upon award through substantial completion of project, on or before November 20, 2026.

10. SCHEDULE OF EVENTS

Following is a list of projected dates/times with respect to this RFP.

SECTION 2 - SPECIFICATIONS / SCOPE OF WORK

OVERVIEW: Schertz-Cibolo-Universal City ISD (District) is accepting Proposal Responses from qualified vendors to provide, remove existing and install new Cafeteria Serving Lines at two (2) District campus locations in accordance with the specifications, terms, and conditions, contained in this Solicitation. Campus locations include:

· Barbara C. Jordan Intermediate School, 515 Thistle Creek Dr., Cibolo, TX 78108

· Laura Ingalls Wilder Intermediate School, 806 Savannah Dr., Schertz, TX 78154

A. SPECIFICATIONS:

1. Contractor shall provide and install four (4) new serving lines, two (2) per campus location. Each serving line shall contain drop in wells to accommodate approximately five (5) hot wells and four (4) cold wells, at least 6 inches deep. Combined length of both lines not to exceed 26 feet.

2. Proposed Serving Lines should include, at a minimum, the following:

3. General Requirements

a. Compliance: All components must meet local electrical and plumbing codes including NEC, UEC, UPC, IPC, and IEC.

b. Certification: Manufacturer must be a UL-listed or NRTL-recognized manufacturing facility.

c. Site Verification: Contractor must field-measure the site prior to fabrication.

4. Structure & Base Construction

a. Design: Continuous-piece, semi-open base style construction, approximately 2 feet 10 inches in height.

b. Frame: Fully welded, heavy-duty angle iron frame with a rust-resistant protective coating.

c. Body: Heavy-gauge stainless steel construction.

d. Countertop: Approximately14-gauge stainless steel with #8 high-polished edges.

e. Tray Slide: Stainless steel vee-notch tray slide featuring high-polished accents, approximately 2 feet 6 inches in height.

f. Kickplate: Removable stainless-steel construction.

g. Supports: Stainless steel legs equipped with adjustable bullet feet.

5. Front Millwork Panels

a. Core: Approximately ¾-inch birch plywood core.

b. Finish: Clad in plastic laminate on all sides (color selected by Owner).

c. Mounting: Removable via heavy-duty "Z" clips.

d. Detail: Structured to leave a visible stainless-steel body reveal between panels.

6. Breath Guards (Sneeze Guards)

a. Posts: Stainless steel posts with highlighted edges.

b. Mounting: Posts must extend through the countertop, secure directly to the interior angle iron frame, and be fully welded at the countertop.

c. Finish: Welds must be ground and polished smooth for a seamless, continuous appearance.

d. Glass: Approximately ⅜-inch tempered glass adjustable front panels and stationary serving shelf featuring high-polish profiled edges and rounded corners.

e. Configuration: Single-tier over the hot food section and single-tier over the cold food sections.

f. Features: Integrated heat and LED/fluorescent lighting assemblies as required.

g. Compliance: Must strictly adhere to NSF/ANSI 2 standards.

7. Hot Food Section & Controls

a. Hot Wells: Approximately five (5) fully insulated electric hot food wells, minimum 1200 watts each, to accommodate 6 inch deep full size hotel pan.

b. Controls: Thermostatic controls with illuminated rocker switches.

8. Cold Food Section

a. Drop – In Well: Approximately one (1) drop-in well, to accommodate four (4) full size 6 inch deep hotel pans with adapter bars to accommodate smaller pans and or different configurations.

b. Refrigeration: Self-contained refrigeration system certified to UL and NSF 7 standards.

c. Controls: Electronic adjustable temperature control and an illuminated on/off rocker switch.

d. Flexibility: Controller must allow mounting on either side of the condensing unit or remotely up to 4 feet away.

e. Drain: Approximately 1-inch NPT drain connection.

9. Utility & Electrical Integration

a. Control Panel: Centralized custom control panel to house remote-mounted controls for all drop-in equipment (hot wells, cold wells, etc.) with permanent, clear labeling and switches.

b. Utility Chase: Integrated utility chase for electrical and plumbing lines.

c. Conduit: Electrical runs must be housed inside rigid hard conduit (no flexible conduit allowed) and securely anchored to the angle iron frame.

d. Piping: All plumbing runs must use copper piping.

e. Access: Chase must be accessible via removable rear panels located within the undershelf compartments.

f. Load Center: All electrical components pre-wired to a centralized load center for a single-point final utility connection must be 208v 3-phase 30 amps.

g. Compartment: Load center must be housed in a fully enclosed utility compartment with a fully insulated, double-pan stainless steel door.

h. Drainage: All equipment drains pre-plumbed to a single termination point.

10. Defective Goods: Contractor shall pay for return shipment on any goods that arrive in a defective or inoperable condition. Contractor must arrange for the return shipment of damaged goods.

11. Equipment and materials provided by the Contractor must be free from defects or damage.

12. Product Warranty: Contractor shall provide, at a minimum, a one (1) year warranty against defects in material and workmanship.

13. Project Completion: Work must be completed by no later than November 20, 2026.

B. SCOPE OF WORK

1. Contractor shall perform all required services identified in this Scope of Work (SOW) in accordance with the specifications, commercial standards as well as local, state, and federal requirements.

2. Contractor shall furnish all necessary labor, supervision, travel, equipment, materials, and supplies as required to complete the project as specified herein.

3. Contractor shall comply with all applicable local, state, and federal requirements.

4. Contractor shall be responsible for the removal of existing as well as purchase and installation of new serving lines. Each campus shall include the replacement of two (2) cafeteria serving lines per campus location.

5. Contractor shall coordinate with the District’s Warehouse Foreman for placement of removed serving lines.

6. Permits: SCUC ISD is located within several municipalities with potential differences in regulation and permitting. Contractor shall be responsible for ensuring compliance and obtaining all required permits, if necessary for each specified campus job site.

7. All work must be directly supervised by a member of the Contractor’s immediate team. Utilizing a subcontractor to supervise will not be acceptable. Additionally, the District will not be responsible for providing supervision.

8. Installation: Contractor shall install serving lines in accordance with manufacturer installation guidelines.

9. Contractor shall provide installation services to include but not limited to delivery, equipment placement, assembly, and final operational set-up.

10. The Contractor shall be diligent to protect district property during the removal of current serving lines and installation of the new units.

11. Utilities: If new water, plumbing, electrical, and POS data connections are required or existing need to be relocated, Contractor must contact the designated District representative to obtain approval prior to continuing work. Any current utilities that are not being utilized, Contractor shall be responsible for capping and/or covering connection.

12. Scheduling: Contractor’s installation work schedule shall be approved by the designated District representative prior to beginning work at each job site.

13. Contractor shall notify and obtain approval from the District prior to making any changes from the plans or specifications.

14. Contractor’s Personnel: Contractor and assigned personnel shall not enter District sites without prior approval of the District.

15. Contractor shall provide proper identification to all employees while performing any work on SCUCISD property.

16. The Contractor and his personnel shall confine their activities to the work site and area(s) designated for their use.

17. The use of tobacco, drugs, or alcohol is strictly prohibited on District property to include but not limited within buildings, vehicles, and on the grounds.

18. Contractor shall ensure that no one in their employment shall be in the possession of explosives or firearms while on District Property.

19. All contract workers must be properly dressed while on District property. Clothing with inappropriate words or pictures are strictly prohibited.

20. The Contractor shall be responsible and use utmost care in the protection of District and private property to include but not limited to all walkways, shrubbery, vehicles, and any other property in the area, from damage. Any damage incurred shall be the Contractor’s responsibility to provide repairs and/or replacement. Damage noted prior to start of work must be reported to the District representative before services are rendered.

21. The Contractor shall be entirely responsible for any loss or damage to its own materials, supplies and equipment, as well as to the personal property of its employees while they are maintained on each campus work site.

22. The work site may be occupied during the times work is performed. Contractor and Contractor's personnel shall exercise a particularly high level of discipline, safety and cooperation at all times while on District property.

23. Contractor shall be responsible for controlling employee conduct as well as assure that its employees are not boisterous or rude and are not engaging in any destruction or criminal activity.

24. The Contractor shall maintain the work area to present a neat, clean and professional working environment at all times.

25. Debris Removal: The Contractor shall be responsible of removal of all debris from the site and cleaning work areas. Note: Contractor shall not place job site debris in an onsite trash bin or dumpster.

26. Contractor's Warranty: Contractor warrants all work performed for a minimum period of an one (1) year.

27. Final Inspection: Final inspection shall be made when the Contractor and District representative have verified that project at each campus has been completed and in working order.

END OF SECTION

SECTION 3 - EVALUATION CRITERIA AND SUBMITTAL REQUIREMENTS

1. EVALUATION: The following will be considered in making the selection:

The Proposals will be evaluated at the sole and absolute discretion of the District and its designees. The District shall consider and score the following criteria.

· Proposed Pricing – 40%

· Experience and Qualifications – 20%

· Proposed Plan – 40%

a. Each proposal submitted in response to this RFP shall focus on the above criteria. The Evaluation shall also consider those factors listed in TEC 44.031 (b) and 2CFR Part 200 listed elsewhere in this solicitation. Proposals will be evaluated equally and fairly; no preference will be given to any Proposer based solely on previous experience with the District or to an incumbent thereof. The District reserves the right to make additional inquiries and may request the submission of additional information.

2. GENERAL SUBMITTAL REQUIREMENTS:

a. PROPOSAL FORMAT: Each proposal should be prepared simply and economically. Responses shall be in the same order as the requirements listed below and in the following section.

b. PROPOSAL CONTENT: The Proposer must include the following items, or the proposal may be deemed non-responsive and rejected without any further evaluation (unless otherwise indicated herein):

1) All forms contained or listed in Required forms in this RFP, fully completed:

2) A complete response to each of the items in the next section, which are specific to the evaluation criteria. (See next section for more detail.)

3. SUBMITTAL REQUIREMENTS SPECIFIC TO EVALUATION CRITERIA: Submit a complete response to each of the following items. List them in the order below, following your submission to the above:

a. Vendor Information and References

b. Vendor Response

c. Proposed Pricing

d. Attachment A – Proposal Form

e. Attachment B - Exceptions to this Solicitation

f. Attachment C – Felony Conviction Notice

g. Attachment D – Conflict of Interest Form CIQ

h. Attachment E – TDA & EDGAR Certifications

i. Vendor W-9

4. EXCEPTIONS: The proposer shall clearly identify any proposed deviations from the language contained herein. Each exception must be clearly defined and referenced in the proper paragraph in this Solicitation. The exception shall include, at a minimum, the Proposer's proposed substitute language and opinion as to why the suggested substitution will provide equivalent or better service and performance. If no exceptions are noted in the Proposer's proposal, the District will assume complete conformance with this specification and the successful Proposer will be required to perform accordingly. Proposals not meeting all requirements may be rejected. Proposals taking exception to any language in the General Terms and Conditions may be rejected as nonresponsive.

SECTION 4 - GENERAL TERMS AND CONDITIONS

1. BILLING AND PAYMENT: District standard terms will be Net 30 days; however, Proposers may offer a prompt payment discount in their original Proposal response such as 2% / 10 days - Net 30. Payment will be made, in arrears, in accordance with Texas Prompt Payment Act, Texas Gov’t Code 2251.

2. EVALUATION OF PROPOSALS: Proposal evaluation will be done based on the information provided by the Offeror. It is very important that the Offeror provide all required information as part of their Proposal. Failure to provide necessary information and documentation could result in the Proposal being rejected.

3. EVALUATION CRITERIA: The following represents examples of evaluation criteria that may, at the sole discretion of SCUC ISD and its designees, be considered when evaluating responses to a solicitation. These criteria are provided to inform prospective vendors of the types of factors that could be reviewed when determining the best overall value for the District. However, it is important to note that the specific evaluation criteria and their respective weights for each solicitation will be explicitly outlined within the individual solicitation document.

(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 total long-term cost to the District to acquire the vendor's goods or services; [and]

(6) for a contract for goods and services, other than goods and services related to telecommunications and information services, building construction and maintenance, or instructional materials, whether the vendor or the vendor's ultimate parent company or majority owner:

(a) has its principal place of business in this state; or

(b) employs at least 500 persons in this state; and

(7) any other relevant factor specifically listed in the request for bids or proposals.

4. APPLICABILITY: These conditions are applicable and form a part of the contract documents in each supply and/or service contract and are a part of the terms of each purchase order for items of equipment and/or service included in the specifications and solicitation forms issued herewith. Any resulting contract shall include this solicitation, and Proposal received.

5. PROPOSAL RESPONSE: Unless otherwise specified, Offerors are required to submit an executed original of the Proposal. The proposal response must contain:

a. Signed; Proposal form

b. Vendor Information and References

c. Vendor Response

d. Proposed Pricing

e. Attachment A – Proposal form

f. Attachment B – Exceptions to this Solicitation

g. Attachment D - Conflict of Interest Form. Local Government Code Chapter 176 imposes disclosure / reporting obligations on vendors. If a conflict exists, please complete and return Conflict of Interest Questionnaire Form CIQ. See https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf for information.

h. Attachment E - TDA & EDGAR Certification Requirements

i. Current, Signed W-9

j. Any additional documents required by the Solicitation.

6. THOSE WHO DO NOT PROPOSE are requested to notify the SCUCISD Purchasing Department in writing if they wish to receive future Proposals. Failure to do so may result in their being deleted from our prospective Bidders list.

7. DISCLOSURES: By signing this Proposal, a Vendor affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with the Proposal submitted.

8. INTERLOCAL AGREEMENTS: Interlocal Agreements with other School Districts through the Central Texas Purchasing Alliance.

a. Membership. SCUCISD is a member in good standing of the Central Texas Purchasing Alliance (CTPA / txctpa.org), an alliance of over 100 school districts in Texas representing over 1.5 million students, sharing information, services, and contractual opportunities. CTPA is an alliance created in accordance with Section 791.001 of the Texas Government Code through interlocal agreements.

b. Adoption of Awarded Contracts. In support of this collaborative effort, all awards made by SCUCISD may be adopted by other active CTPA member districts. By adopting a contract from another CTPA member district, the adopting district has met the competitive bidding requirements established by the Texas Education Code, Section 44.031(a)(4), and as required by the adopting district’s policies. There is no obligation on either party to participate unless both parties agree. The goods and services provided under the contract will be at the same or better contract pricing and purchasing terms established by the originating district.

c. Adopted Contract Management. The adopting district shall be responsible for the management of the new contract and all payments to the contracted vendor. The originating district shall have no responsibilities under the new contract agreement.

9. FUNDING OUT CLAUSE. MULTI-YEAR ACQUISITION: Any contract for the acquisition, including lease, of real or personal property is a commitment of the District’s current revenue only:

a. The District retains the continuing right to terminate the contract at the expiration of each budget period during the term of the contract.

b. It is the Districts intent to execute a contract for the longest period providing the lowest total cost to the district. Any resultant contract is conditioned on a best effort attempt by the District to obtain any appropriate funds for payment of the contract.

10. CONTRACTS FOR PURCHASE will be put into effect by means of a purchase order(s) executed by the Director of Purchasing or designee after the contract award.

a. Any additional agreements/contracts to be signed by SCUCISD shall be included with the Proposal.

b. Prices for all goods and/or services shall be negotiated to a firm amount for the duration of this contract or as agreed to in terms of time frame.

11. ASSIGNMENTS AND SUBCONTRACTING: No part of this agreement may be assigned or subcontracted without the prior written consent of the Schertz-Cibolo-Universal City Independent School District’s Purchasing Director. Payment can only be made to the Contractor named in this agreement.

12. PUBLIC RECORD: All Proposals become the property of the District. As a governmental entity the Public Information Act, formerly known as the Open Records Act, applies to this solicitation. Accepted Proposals and any subsequent award become public records. Proprietary material must be clearly marked as such. Pricing and service elements of the successful proposal will not be considered proprietary information.

13. CHANGES: This Contract shall not be modified, altered, or changed except by mutual consent confirmed in writing by an authorized representative of each party to this Contract. The Director of Purchasing or designee shall administer this contract on behalf of the District. The Vendor agrees to waive all claims for adjustment in regard to any services performed without prior receipt of an appropriate written Change Order. The SCUCISD Purchasing department shall review, approve and process all changes.

14. INDEMNITY: Vendor shall indemnify and hold harmless the SCUCISD and its Board of Trustees, officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description, including but not limited to, all expenses of litigation, court cost, penalties, and attorney's fees the SCUCISD incur defending any action, suit, or claim form any source whatsoever and any of any kind or nature arising directly or indirectly on the part of the vendor, its agents, servants, employees, contractors, and supplies, out of the operation under this agreement.

15. INDEPENDENT CONTRACTOR: The parties intend that the Contractor, in performing the specified services, will act as an independent contractor and must have control of the work and the manner in which it is performed. The Contractor will be free to contract for similar services to be performed for other employers while Contractor is under contract with District. The Contractor is not to be considered an agent or employee of the District and is not entitled to participate in any pension plans, bonus, stock, or similar benefits that District provides for its employees. The District and Contractor agree that the Contractor is not covered under any District insurance policy, including but not limited to the District’s liability, property and casualty, or workers’ compensation insurance policies. The District shall not deduct Federal Income Taxes, FICA (Social Security) or any other taxes required to be deducted by an employer, as this is the responsibility of the Contractor.

16. TERMINATION: Any resulting contract may be terminated by the District at any time with or without cause and without penalty to the District. In the event of termination by the District prior to completion of the contract, compensation shall be prorated on the services actually performed, and the Contractor shall only be entitled to receive compensation for satisfactory work completed up to the date of termination.

17. CANCELLATION: Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity.

18. NON-PERFORMANCE: Whenever, in the opinion of the District, the work is neglected by the Contractor, the District may request to have the Contractor bring additional labor, materials, and supplies into the work. If the Contractor fails to correct the unsatisfactory condition(s) within five (5) working days, the Contractor shall be advised of so in writing. The District shall have no obligation to give the Contractor more than two (2) notices of unsatisfactory performance during the contract period; and should the Contractor again fail to perform the services pursuant to the contract, the District may declare the contract in default, terminate the contract, and contract with another.

a.

In the event of default by the Contractor, the District shall be liable only for payment of those services performed and accepted prior to the date of termination.

19. CHANGES TO PROPOSAL: The District retains the right to negotiate changes in a Proposal by any offeror, and to reject any or all Proposals if none of the submissions are responsive to its needs.

20. CHANGES IN REQUIREMENTS: Should the District, at any time during the progress of said work, request any alterations, deviations, additions, or omissions from the said agreement, specifications, or plans, it shall be at liberty to do so. And the same shall in no way affect or make void the agreement but will be added to or deducted from the amount of said agreement price as the case may be, by a fair and reasonable valuation subject to the mutual agreement of both parties.

21. UNRESTRICTED QUANTITIES: The District is not limited to purchasing all or any of its requirements from any contract resulting from this solicitation/award.

22. DELIVERIES required in this solicitation shall be freight prepaid F.O.B. DESTINATION and prices shall include all freight, and delivery charges for a total cost delivered.

23. DISMISSAL OF UNSATISFACTORY EMPLOYEES: If any person employed by the Contractor or any subcontractor fails or refuses to carry out the directions of the District representative, or is, in the opinion of the District representative, incompetent, unfaithful, intemperate, or disorderly; or uses threatening or abusive language to any person at the facility; or if otherwise unsatisfactory, he/she shall be removed from the work immediately, and shall not again be employed on the work except upon consent of the District representative.

24. VENUE: This Agreement shall be governed by the law of the State of Texas without regard to the choice-of-law rules of any jurisdiction. The venue shall be in Guadalupe County, Texas. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit.

25. NOTICE: Any notice required by or permitted under this Agreement must be made in writing. Any notice required by this Agreement will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this Agreement. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein.

26. CRIMINAL BACKGROUND CHECK: All Contractors, who have a contract for services, have continuing duties related to the contract, and have direct contact with students must certify to the district that it has received all criminal history information on covered employees pursuant to Texas Education Code Chapter 22, Subchapter C prior to performing the services for the District. This is an all-or-nothing test. If all three criteria are met, then the criminal history review is mandatory. The cost of the review shall be paid by the Contractor. Covered employees with disqualifying criminal histories are prohibited from serving at a school district. The Contractor selected may also be required to provide a list of personnel who will be assigned to do the work. When requested this information must be furnished within twenty-four (24) hours and shall apply to any new personnel due to employee turnover.

a.

The District reserves the right to review the personal background and conduct security clearances on the Contractor’s assigned personnel. The Contractor shall certify that all employees assigned to work under the contract have successfully passed a criminal background check, prior to assignment. The Contractor shall cooperate with the District authorities and shall comply with all regulations in effect during the contract period.

b.

Upon the request of the District, the successful bidder may be required to provide the names of all persons who may be assigned to do the work on the contract for the purpose of completing a criminal background check. The following information shall be provided with each name to the District: date of birth, Texas driver’s license number, and current address,

c. Any person or persons not acceptable to the District shall be prohibited from working on the contract.

27. DISCLOSURE OF INTERESTED PARTIES: A Successful offeror shall provide a signed Form 1295 before any award of the contract by our Board of Trustees. The Texas Legislature adopted House Bill 1295 in 2015. HB 1295 added Section 2252.908 to the Government Code. Under this law, any business entity that enters into a contract with SCUCISD that requires the approval of the Board of Trustees must submit a “Disclosure of Interested Parties” to the District prior to the execution of the contract. This form, the “Disclosure of Interested Parties” form was promulgated by the Texas Ethics Commission and is the “Form 1295”.

For additional information, the Texas Ethics Commission’s website is: www.ethics.state.tx.us. The area of their website pertaining to Form 1295 is: www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.

28. TEXAS DATA PRIVACY AGREEMENT: A Successful offeror shall provide a Student Data Privacy Agreement upon notification of award. The Texas Student Privacy Alliance created a Common Student Data Privacy Agreement, which shall be used by all member schools when implementing any online application. By adopting such an agreement all vendors and schools have common expectations when entering into a relationship or implementation without having to renegotiate terms in every new instance. All vendors handling student data are expected to complete the agreement. A Sample Form can be found on our Purchasing Department website under Student Data Privacy Agreement.

29. DISPUTE RESOLUTION: The laws of the State of Texas shall govern this agreement and performance hereunder. The District and Contractor shall, as a condition precedent to filing any lawsuit arising from the performance of this Agreement, endeavor to resolve all claims, disputes, and other matters in question between them by mediation.

a. Request for mediation shall be in writing and shall request that the mediation commence not less than 30 or more than 90 days following the date of the request, except upon agreement of both parties.

b. In the event the District and the Contractor are unable to agree to a date for the mediation or to the identity of the mediator or mediators within 30 days following the date of the request for mediation, all conditions precedent in this article shall be deemed to have occurred.

At any time during the course of any dispute resolution process, the Contractor shall continue diligently and without delay to perform the services and obligations of the Agreement

30. INVOICING: Send the original invoices to:

Attention: Accounts Payable, Schertz Cibolo Universal City ISD

1060 Elbel Road

Schertz, TX 78154 Electronic invoices may be sent via email: Finance@scucisd.org

a. Each invoice shall contain a minimum of the following information: invoice number and date; remittance address; "bill to" and "ship to" addresses; contract Purchase Order number (PO#); quantities; item descriptions, unit prices, and extensions; fees; and an invoice total.

b. For payment purposes, the contractor shall obtain PO # from the District for each separate order/invoicing. These are individually numbered for control purposes, and each separate order/invoicing will require a unique PO# to be issued to the Contractor by the District. If the PO# does not appear on the contractor's invoice, payment may be delayed.

31. PROHIBITION ON CONTRACTS WITH CERTAIN COMPANIES: Chapter 2252, of the Texas Government Code was amended to update state contract law to prohibit governmental entities from contracting with companies engaged in active business operations with Sudan, Iran, or a foreign terrorist organization. The intent of this change is to ensure that Texas taxpayers' dollars are not spent on companies engaged in business with other nation states or terrorist organizations that are anathema to the policy interests of the United States or the State of Texas.

32. Pursuant to Texas Government Code Chapter 2270, if this contract is valued at $100,000 or more and if the Contractor has at least ten (10) full time employees, then the Contractor, by its execution of this Agreement represents and warrants to the District that the Contractor does not boycott Israel and will not boycott Israel during the term of this Agreement. This section does not apply to a sole proprietorship.

33. COMPLIANCE: The Offeror shall comply with any and all federal, state and local laws, and District policies affecting the services covered by this solicitation. Such laws may include but are not limited to the following: a) Family Educational Rights and Privacy Act (FERPA); b) Protection of Pupil Rights amendment (PPRA); and/or Health Insurance Portability and Accountability Act of 1996 (HIPPA).

34. PURSUANT TO TEXAS GOVERNMENT CODE CHAPTER 2274:

a. FIREARM ENTITY / TRADE ASSOCIATION NON-DISCRIMINATION: If the Contractor is not a sole proprietorship, has ten (10) or more employees, and the value of Contractor’s bid or proposal has a value of $100,000 or more, Contractor certifies by submitting Contractor’s bid or proposal that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, as defined by Texas Government Code Ann. Chapter 2274, and will not during the term of any contract with the DISTRICT, unless excepted from law.

b. ENERGY COMPANY BOYCOTT: As required by Texas Government Code Ann. Chapter 2274, if Contractor has ten (10) or more employees, is not a sole proprietorship, and if the value of Contractor’s bid or proposal has a value of $100,000 or more, Contractor certifies by submitting Contractor’s bid or proposal that it does not boycott energy companies and will not during the term of any contract with the DISTRICT, unless excepted by law.

35. SAFETY: Vendors, its subcontractors, and their respective employees shall comply fully with all applicable federal, state, and local safety and health laws, ordinances, rules and regulations in the performance of services under this Agreement, including, without limitation, those promulgated by the District and by the Occupational Safety and Health Administration (“OSHA”). All items must meet all applicable OSHA standards and regulations and all electrical items must bear the appropriate listing from UL, FMRC or NEMA. In case of conflict, the most stringent safety requirements shall govern. Vendor shall comply with all other safety guidelines and standards as required by the District, including Current Good Manufacturing Practices (cGMP’s),https://www.fda.gov/food/guidance-regulation-food-and-dietary-supplements/current-good-manufacturing-practices-cgmps-food-and-dietary-supplements. Product to be handled in accordance with the Federal Food and Drug Administration’s (FDA’s) Guidance for Industry. Vendor shall indemnify and hold the District, harmless from all claims, demands, suits, actions, judgements, fines, penalties, and liability of every kind arising from the breach of Vendor’s obligations under this provision.

36. DEFINITIONS: We intend to express our expectations clearly, and they are to be legally interpreted in our favor. Certain words are used throughout this document.

a. “Proponent” “Vendor” “Bidder” and “Offeror” means responder to the Request for Proposal and the individual, partnership, and sole proprietorship or Corporation executing the Contract and shall include any agent, employee, officer, director, supplier or sub-contractor of the Vendor pursuant to the Contract.

b. “SCUCISD” “Schertz-Cibolo-Universal City Independent School District”, “District”, “Owner”, the Board of Trustees, its students, employees, and agents.

c. “Solicitation”, is used to describe a Request for Proposal, Request for Competitive Sealed Proposal, Request for Bids, or other solicitation document.

d. “PO” or “Purchase Order” “Agreement” or “Contract” means a document that will be issued by the Schertz-Cibolo-Universal City Independent School District to formalize the agreement with the successful Proponent.

e. “Shall”, “must”, “will”, and “mandatory” means a requirement that must be met for the submission to receive consideration.

f. “Service”, “Services”, and “Work” shall mean the products/services supplied to the Schertz-Cibolo-Universal City Independent School District in accordance with the specifications, terms, and conditions stated in this Request for Bid.

g. ”Supplier” - A business entity engaged in the business of providing contract supplies/services.

h. “Bidder” - A business entity submitting a Response to this RFP. Suppliers which may express interest in this RFP, but do not submit a Response, have no obligations with respect to the bid requirements.

i. “Contractor” - The Offeror(s) whose Response to this RFP is evaluated as meeting the needs of SCUCISD. The contractor (s) will be selected for award and will enter into a contract(s) for provision of the services described in the RFP.

j. “Subcontractor” - A company that enters into a business relationship with the Contractor. The Contractor may seek to place employees of the Subcontractor for the services described in the RFP.

k. “Contractor’s Employee” - All persons who can be offered to provide the services described in the RFP. All employees of the Contractor and the Subcontractor must be covered by the insurance programs normally provided to persons employed by a company (ex: Worker’s Comp, etc.).

l. “Response” - The written, signed, and sealed document submitted according to the RFP instructions. The response does not include any verbal or documentary interaction you may have with us apart from the submittal of a formal response. Verbal interactions will not be binding on SCUCISD or Contractor(s) with respect to requirements stated within this RFP or resulting contractual obligations.

END OF SECTION

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Schertz-Cibolo-Universal City ISD

Solicitation No. 26-024S Commercial Food Service Serving Line Equipment