1-RFP 260005 HISD Snack and Beverage Vending Services FINAL.pdf

HARLANDALE INDEPENDENT SCHOOL DISTRICT

DEPARTMENT OF PURCHASING

102 Genevieve ● San Antonio, TX 78214 ● (210) 989-4800 ● Fax (210) 921-4400

RFP 260005 HISD Snack and Beverage Vending Services

Request for Proposals

Due Date: Thursday, January 15, 2026 at 1:00pm (CT)

Veronica Velez, Purchasing Manager

102 Genevieve – San Antonio, Texas 78214

210 - 989- 4800 (P) veronica.velez@myhisd.net

Purchasing Department Business Hours for Deliveries:

Monday – Friday 8:00AM (CT) to 4:30PM (CT)

Summer Hours: M-TR 7:30AM (CT) to 5:00PM (CT)

District Holidays:

https://www.harlandale.net/documents/calendars/16718350 mailto:veronica.velez@myhisd.net https://www.harlandale.net/documents/calendars/16718350

102 Genevieve ● San Antonio, TX 78214 ● (210) 989-4800 ● Fax (210) 921-4400

NOTICE TO VENDORS

To Whom It May Concern:

Thank you for the submission of your proposal to the Harlandale Independent School District.

The District understands and appreciates all of the efforts undertaken in the preparation and submission of a proposal.

It is the intent of this administration to conduct a fair and impartial evaluation of these proposals with an emphasis on determining the best value for the District at the lowest possible price.

Essential to an impartial objective analysis is that it not be subjected to extraneous influences.

The District requests and appreciates that no efforts be undertaken by vendors to independently contact the District’s evaluation team for this proposal with the purpose of seeking an unfair advantage. As a matter of fairness, this is necessary in order to provide due and proper consideration to each and every proposal.

This request also extends to contact, communications, and/or interactions with the members of the School Board. Independent communications with the Trustees by vendors puts the administration and the Trustees in a very difficult position. It is our experience that such advocacy efforts result in members receiving non-objective information that can result in confusion during the competitive procurement process.

When vendors contact members independently, it facilitates the crossing over of those clearly defined and legally required roles of the Board and the Administration. This can result in legal issues and most certainly a compromise in the integrity of the entire proposal process. Please be advised that this administration will not favorably receive any evidence that a vendor has contacted the District staff or members of the Board in an effort to seek an unfair advantage.

We anticipate your cooperation in maintaining the integrity of the competitive procurement process and thank you in advance for such efforts.

Respectfully, Harlandale Independent School District

Business and Finance Department

102 Genevieve ● San Antonio, TX 78214 ● (210) 989-4800 ● Fax (210) 921-4400

GENERAL TERMS AND CONDITIONS

1) Workmanship and Materials - specified in this proposal shall be fully guaranteed for a minimum period of one (1) year from date of delivery and/or acceptance of work, unless otherwise stated in District specifications.

2) INVOICING PROCEDURE – Billing\invoicing\pay applications will always be made in arrears. Invoices regarding this proposal shall have a District issued Purchase Order # and it shall be emailed directly to the Accounts Payable Dept. at the following EMAIL ADDRESS:

BUSINESSOFFICE@MYHISD.NET

Non-conforming invoices will be rejected without consideration.

3) Multi-Award Vendor Contract: Harlandale ISD reserves the right to make multiple contract awards when it is in the best interest of the District. When required, the District may award components of the scope of services\goods to multiple vendors at its sole discretion.

4) Severability: In the event that any one or more of the provisions contained in this Request for

Proposals (contract or resulting purchase order) shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provisions shall not affect any other provision hereof, and this Request for Proposals (contract or any resulting purchase order) shall be construed as if the invalid, illegal or unenforceable provision(s) had never been contained herein.

5) Prevailing Wage Standard – As of July 22, 2024, Harlandale ISD (HISD) Mandatory Prevailing

Wage Rate for construction projects will be consistent with the standards adopted by Bexar

County, Texas.

6) Formalities - The Harlandale Independent School District reserves the right to waive formalities and irregularities and to accept or reject the proposal or each item there under separately.

7) OFFER PERIOD - This proposal is a firm offer which shall be irrevocable and open for acceptance for 120 calendar days unless otherwise specified from the date of submission.

8) Vendor Debriefing – The Bidder or Proposer may request an informal Vendor Debriefing focused on solicitation requirements and proposal strengths and weaknesses with the Purchasing

Manager at Purchasing@myhisd.net. Please include the solicitation ID in the subject header.

9) Contractor Protest Procedures: A protest shall be in writing and shall be filed with the

Purchasing Manager (Purchasing@myhisd.net). A protest of a proposal shall be received at the

Procurement Services Department after the bid/proposal opening date or contract award date. A protest of a proposed award or of an award or notice of termination or default shall be filed within ten (10) working days after the protestor knows or should have known the basis of the protest. A protest received after the ten (10) working days period shall be not considered and returned. A protest shall include:

a. The name, address and telephone number of the protestor;

b. The signature of the protestor or its representative;

c. Identification of the Bid/Proposal or Contract number;

d. A detailed statement of the legal and factual grounds of protest including copies of relevant documents;

mailto:BUSINESSOFFICE@MYHISD.NET mailto:Purchasing@myhisd.net mailto:Purchasing@myhisd.net

102 Genevieve ● San Antonio, TX 78214 ● (210) 989-4800 ● Fax (210) 921-4400

e. The form of relief requested.

The Purchasing Manager will respond to all protests not later than ten (10) days of receipt.

10) Formal Grievances: will follow the Harlandale ISD Board Adopted Policies and Procedures:

https://pol.tasb.org/PolicyOnline?key=173

11) The proposal and any eventual award may not be assigned or any right there under transferred to a third party.

12) Proposer agrees to comply with all policies and regulations of the Harlandale Independent School

District.

13) QUANTITY - It is understood and agreed that the Harlandale Independent School District reserves the right to increase or decrease quantities or modify conditions or specifications by mutual agreement with the selected vendor, both at the time of the acceptance of the proposal offered as so modified, and subsequent thereto.

14) INDEMNITY - The contractor/vendor/service provider shall indemnify, defend and hold harmless the Harlandale Independent School District, its employees, officials, and representatives from any and all claims made, lawsuits filed, losses, costs (including but not limited to attorney’s fees) or damages incurred as a result of contractor/vendor/service provider acts or omissions of any nature relating to a contract entered into as a result of a Request for Proposals. The District will not enter into any agreement requiring the District to indemnify a contractor, vendor, or service provider. Further, the District will not enter into any agreement requiring the District to pay attorney’s fees on behalf of any vendor or service provider.

The following conditions must be stated on all contracts:

a. “The Contractor shall defend, indemnify, and save whole and harmless, Harlandale Independent School District and all of its officers, agents and employees from and against all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages (including death) received or sustained by any person or property on account of any agent, employee, subcontractor or supplier of Contractor in the execution or performance of this contract.”

b. “The Contractor shall also defend and indemnify the Harlandale Independent

School District against claim by any subcontractor, supplier, material man or mechanic for payment of work or materials provided on behalf of the Contractor in the performance of the services and all such claimants shall look solely to

Contractor and not Harlandale Independent School District for satisfaction of such claims.”

15) LEGAL VENUE -The contractor/vendor understands and agrees that venue for any litigation arising from this award or contract shall lie in the State District Courts of Bexar County, Texas, and any dispute shall be governed by the laws of the State of Texas. The District will not enter into any agreement requiring arbitration of disputes. Proposers shall not disclose to any third party, information provided by the District in connection with this solicitation for proposals.

102 Genevieve ● San Antonio, TX 78214 ● (210) 989-4800 ● Fax (210) 921-4400

RFP 260005 HISD Snack and Beverage Vending Services

16) PROPERTY TAXES - Proposer affirms that it does not currently owe or is otherwise indebted to the Harlandale Independent School District for adjudicated delinquent property taxes. The

Harlandale Independent School District reserves the right to reject a proposal if the Proposer is currently indebted to the Harlandale Independent School District for delinquent taxes or to terminate a contract if the successful Proposer subsequently becomes delinquent. The Harlandale

Independent School District further reserves the right to deduct any delinquent taxes owed from payments that the Harlandale Independent School District may owe to the successful Proposer under the awarded contract.

17) INCORPORATION OF TERMS INTO CONTRACT - The terms and conditions set out in any Request for Proposal including these general terms and conditions shall be made part of any contract entered into by the District with any Vendor, Contractor or Service Provider. A response to any Request for Proposal indicates the responders binding agreement to the terms and conditions set out therein.

18) RELIEF - The District will not agree to any contract requiring waiver of any legal relief to which the District may be entitled.

19) CONTROLLING LANGUAGE - Despite any terms or provisions in any contract entered into by the District as a result of any Request for Proposal, the language of the Request for Proposal shall be controlling and shall supersede any contrary language contained in any contract.

20) ISRAEL - Effective, September 1, 2017, the CONTRACTOR affirms that it does not boycott

Israel and will not boycott Israel during the contract term. Pursuant to Section 2270.002 of the

Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under

Section 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. Respondent shall state any facts that make it exempt from the boycott certification in its Response.

21) CHILD SUPPORT Pursuant to Texas Family Code, Section 231.006, Contractor certifies that it is not ineligible to receive the specified grant, loan, or payment and acknowledges that the

Agreement may be terminated, and payment may be withheld if this certification is inaccurate.

22) FELONY CONVICTION. Pursuant to Texas Education Code Section 44.034, Contractor must give advance written notice if an owner or employee has been convicted of a felony. This paragraph requiring advance notice does not apply to a publicly-held corporation.

23) Compliance with Texas Government Code Chapter 2271: Pursuant to Texas Government

Code Chapter 2271, as amended, if the resulting contract is valued at $100,000 or more and if the

Contractor has at least ten (10) full time employees, then Contractor represents and warrants to the School District that the Contractor does not boycott Israel and will not boycott Israel during the term of the contract. This provision does not apply to a sole proprietorship.

24) Compliance with Texas Government Code Chapters 2274 and 809: Pursuant to Texas

Government Code Chapters 2274 and 809, if the contract is valued at $100,000 or more and if

Contractor has at least ten (10) full-time employees, then Contractor represents and warrants to the School District that the Contractor does not boycott energy companies and will not boycott energy companies during the term of the contract. This provision does not apply to sole proprietorships.

25) Compliance with Texas Government Code Chapters 2274: Pursuant to Texas Government

Code Chapter 2274, if the contract is valued at $100,000 or more and if Contractor has at least ten

102 Genevieve ● San Antonio, TX 78214 ● (210) 989-4800 ● Fax (210) 921-4400

RFP 260005 HISD Snack and Beverage Vending Services

(10) full-time employees, then Contractor represents and warrants to the School District that the

Contractor does not discriminate against firearm entities or firearm trade associations and will not discriminate against firearm entities or firearm trade associations during the term of the contract.

This provision does not apply to sole proprietorships.

26) Anti-Terrorism: In compliance with Chapter 2252 of the Texas Government Code, Contractor certifies that it does not engage in business with Iran, Sudan, or any foreign terrorist organization.

Contractor also certifies that for the length of this contract, Contractor will not engage in any business with Iran, Sudan, or any foreign terrorist organization.

27) Compliance with Prohibition on Contracts with Abortion Providers: Pursuant to Texas

Government Code Chapter 2272, the School District is prohibited from contracting with any abortion provider or an affiliate of an abortion provider whereby the provider or affiliate received something of value derives from state or local tax revenue. Any contract entered into by the

School District is void if the prospective entity has such prohibited affiliation or contractual relationship. By entering into this Agreement, the Contractor represents and warrants to the

School District that the Contractor does not have such affiliation or contractual relationship

28) Independent Contractor. Contractor represents and warrants that it is an independent contractor that will furnish is owns tools, products and services. Contractor, its officers, employees, agents, representatives, subcontractors, suppliers and third-party service providers are not employees of

Sponsor. Contractor represents and warrants that is has no right to claim compensation, vacation pay, sick leave, retirement, health, social security, disability or worker’s compensation benefits of any kind.

29) Insurance Requirements. Contractor shall provide and maintain in effect during the performance of the Agreement insurance of the following types and with indemnification limits not less than the amounts indicated:

Professional Liability: $1,000,000 per occurrence and

$2,000,000 in the aggregate

General Liability:

Each Occurrence

General Aggregate

Personal Injury

$1,000,000.00

$1,000,000.00

$1,000,000.00 each person

Umbrella Coverage: $2,000,000.00

30) Contractor represents and warrants that it has and will continue the required insurance coverage for the term of this Agreement and will, within five days of School District’s request, provide current certificates of insurance. All required insurance must be in the amounts approved by School District, shall name School District, its Officers and Employees, as an insured party, will include a waiver of subrogation and be issued by a company or companies with a Financial

Strength Ration of “A” or better from A.M. Best Century, Inc. with a Financial Size Category

Class of “VII” or better from A.M. Best Company, Inc. and be authorized to do business under the laws of the State of Texas.

102 Genevieve ● San Antonio, TX 78214 ● (210) 989-4800 ● Fax (210) 921-4400

31) Immunity. Nothing in this Agreement will be deemed to waive, modify or amend any legal defense available at law or in equity to either of the Parties, nor to create any legal rights or claim on behalf of any third party. Neither of the Parties waives, modifies or alters to any extent whatsoever the availability of any defense of immunity under the laws of the United States of

America and/or the State of Texas.

102 Genevieve ● San Antonio, TX 78214 ● (210) 989-4800 ● Fax (210) 921-4400

PROPOSAL SPECIFICATIONS

1) TERM – One (1) year from Board Award Date with two (2), one (1) year renewal options; subject to approval.

2) PROJECT CRITERIA - It is not the policy of the Harlandale Independent School District to award or purchase on the sole basis of low price alone. In awarding a contract, the Harlandale Independent

School District shall consider the following factors as well as those specifically listed in the scope and specifications:

Points Criteria Description

40 Pricing/Percent of Gross - Anticipated cost benefit to the District over the term of the contract.

25 Vendor’s Qualification and Experience

25 The extent the goods or services meet the Harlandale Independent

School District’s needs

5 The vendor’s past relationship with the Harlandale Independent

School District

5 Compliance with the laws and rules relating to HUBs, MBEs, VOSBs, and WBEs

3) SUBMISSION - Sealed proposals shall be uploaded to the Bonfire Portal https://harlandaleisd.bonfirehub.com/portal/?tab=openOpportunities, submitted, and finalized prior to the Closing Time of Thursday, January 15, 2026 at 1:00 PM (CT). We strongly recommend that you give yourself sufficient time and at least TWENTY-FOUR (24) hours before

Closing Time to begin the uploading process and to finalize your submission. Proposals received after the designated time will not be considered.

Emailed or faxed submission will be rejected without consideration.

4) VENDOR QUESTIONS - are due Wednesday, January 7, 2026 at 10:00 AM (CT). All questions shall be submitted through the Message Module under Opportunity Q&A tab in Bonfire, https://harlandaleisd.bonfirehub.com/portal/?tab=openOpportunities. Responses to the questions will be issued as an Addendum and will be posted to the Procurement Portal in the “Supporting

Documentation”.

5) ADDENDUM - In the event that any changes to this proposal occur subsequent to the mailing or other delivery of the original proposal, the changes or corrections to this proposal will be made by

ADDENDUM, and any updated information contained in any ADDENDUM will be in addition to and may prevail over the information contained in the proposal or any previous ADDENDUM. Each

ADDENDUM must be acknowledged on the acknowledgement form provided with the

ADDENDUM. Any required acknowledgement form must be submitted along with the submission of any proposal response.

6) Mandatory Pre-Bid Conference & Walkthrough – Not Applicable\NA

7) Acceptance - The right is reserved by the Harlandale Independent School District to accept and/or reject proposals on each item separately and/or as a whole proposal. Proposals received after the time and date specified will be returned unopened.

https://harlandaleisd.bonfirehub.com/portal/?tab=openOpportunities https://harlandaleisd.bonfirehub.com/portal/?tab=openOpportunities

102 Genevieve ● San Antonio, TX 78214 ● (210) 989-4800 ● Fax (210) 921-4400

RFP 260005 HISD Snack and Beverage Vending Services

8) PROPOSAL OPENING - Proposals received unsigned by a representative of the company will not be considered. All proposals shall be delivered to the Purchasing/Bonfire no later than the designated date and time. There will be no Public Bid Opening.

9) REQUIRED FORMS – See Bonfire Procurement Portal “Requested Information.”

10) WITHDRAWAL - The Harlandale Independent School District will consider a WRITTEN request from any vendor permitting the vendor to withdraw any proposal submitted, but ONLY IN ITS

ENTIRETY, and ONLY UNTIL THE DUE DATE AND TIME FOR SUBMISSION OF THE

PROPOSAL. A representative from the vendor submitting the proposal that is authorized to enter into contracts on behalf of the vendor must sign the request to WITHDRAW, indicate their title on the request, and submit the request to the Harlandale Independent School District in a manner deemed satisfactory by the Harlandale Independent School District. No proposal may be withdrawn after the date and time proposals are due. If a vendor requests to withdraw a proposal and the Harlandale

Independent School District permits the WITHDRAWAL of the proposal, the vendor may resubmit the proposal or submit a new proposal up until the due date and time for submission provided the new submission meets all the qualifications of the proposal. All proposals in the possession of the

Harlandale Independent School District at the time proposals are due shall be deemed final, conclusive, and irrevocable, and no proposal shall be subject to withdrawal, amendment, or correction after the due date and time unless otherwise permitted by the Harlandale Independent School District during a subsequent negotiation process. The decision of the Harlandale Independent School District relating to any matters pertaining to proposal withdrawal will be final. BRAND NAMES AND

CATALOG NUMBERS - The use of brand names and catalog numbers does not prohibit the substitution of other brands of equal or greater quality, unless “no substitute or only” is specified.

All substitutions must meet or exceed specifications to be acceptable. The make, model, and description of all substitutions must be listed by specified item. FAILURE OF THE VENDOR TO

COMPLY WITH THESE SPECIFICATIONS MAY, AT THE OPTION OF THE

HARLANDALE INDEPENDENT SCHOOL DISTRICT DISQUALIFY THAT PORTION, OR

THE ENTIRE PROPOSAL, FROM CONSIDERATION.

11) PRODUCT INFORMATION - Complete warranty information and descriptive and/or illustrative literature covering the item(s) proposed is to accompany the proposal. All electrical items must meet all applicable OSHA standards and regulations, and must bear the appropriate listing from US, FMRC, NEMA, or UL Laboratories. Material Safety Data Sheets (MSDS) on chemicals or any other products customarily requiring MSDS Sheets must be provided for each order within the contract period. Additional MSDS Sheets must be provided in a timely manner at no charge upon request.

12) SAMPLES - Samples, when requested, must be furnished at no cost to the Harlandale independent

School District. If not destroyed during examination, they will be returned to the proposer on request and at the company’s expense. Each sample, when requested, should be clearly marked with the proposer’s name and item number on the proposal. DO NOT ENCLOSE IN OR ATTACH

PROPOSAL TO SAMPLE.

13) AUTHORIZED PURCHASE - The successful proposer will not begin services or deliver product without a purchase order signed by an authorized representative of the Department of Purchasing. The

Harlandale Independent School District will neither be responsible nor make payment for any goods delivered or services performed without a valid purchase order.

14) PACKAGING - Unless otherwise provided for on this proposal, all products supplied under any contract resulting from this proposal must be packaged in containers that are new and appropriately designed for the products involved, and sturdy enough to protect the products involved in loading, transit, unloading, and storage. Any products supplied under any contract resulting from this

102 Genevieve ● San Antonio, TX 78214 ● (210) 989-4800 ● Fax (210) 921-4400

RFP 260005 HISD Snack and Beverage Vending Services proposal for which palletizing is appropriate must be delivered on standard forty-eight (48”) inch four-way pallets in good and serviceable condition.

15) SHIPPING - All freight, delivery, and handling charges are the responsibility of the vendor and all prices must be quoted freight prepaid, F.O.B. destination, and shall include all freight, delivery and handling charges, including unloading and inside deliveries where required. Unless otherwise noted or unless prior approval has been obtained from the Harlandale Independent School District all deliveries shall be made between the hours of 7:00 a.m. through 3:00 p.m., Monday through Friday at the following address.

Central Receiving/Warehouse

12115 SE Loop 410

San Antonio, TX 78221

16) VISITATIONS - The District mandates that any/all vendors/visitors on any district site are subject to

Sexual Predator check through our Visitor Management System prior to being given access.

a. Vendors/visitors must check-in and identify themselves through their driver’s license at the site’s front office for a verification of any past/present convictions.

b. Failure to comply or pass the verification check will result in their denial of access and potential loss of contractual rights.

17) TAXES - The Harlandale Independent School District is a public jurisdiction that is exempt from federal, state, sales, excise, and use taxes. Tax exemption certificates will be provided by the

Harlandale Independent School District upon individual requests from the vendor. Sales tax must not be included in any proposal response or invoice submitted by any vendor unless failure to obtain a

Tax Exemption Certificate from the Harlandale Independent School District has occurred. No taxes of any kind may be passed through by any vendor to the District

18) NON-APPROPRIATION, CANCELLATION-FOR-CONVENIENCE & TERMINATION AT-

WILL - The award of a contract is dependent on the availability of funds. In the event sufficient funds are not appropriated, the contract or award may be terminated or the scope amended. Written notice will be given to the vendor of such termination or amendment, and there will be no penalty or other charge assessed against or incurred by the Harlandale Independent School District. The successful proposer shall be required to agree to non-appropriation language as follows: The obligation of the District to perform under this agreement shall be contingent upon the Board of

Trustees of the District appropriating funds for this Agreement as of September 1st of each year in which this agreement is in effect. Should the District Board of Trustees fail to appropriate funds for this agreement then this agreement shall terminate. District shall notify “Contractor” in writing within five (5) days of any non-appropriation. Except in certain limited circumstances as determined by the

District in its sole discretion, the District will require any contract to contain a termination at-will clause in favor of the District.

19) Nothing herein shall be construed as creating the relationship of employer or employee between the

Harlandale Independent School District and the contractor/vendor or between the Harlandale

Independent School District and the contractor /vendor’s employee. The contractor/vendor is an independent contract and nothing contained herein shall constitute or designate the contractor/vendor or any of his employees as employees of the Harlandale Independent School District.

102 Genevieve ● San Antonio, TX 78214 ● (210) 989-4800 ● Fax (210) 921-4400

RFP 260005 HISD Snack and Beverage Vending Services

20) The contractor/vendor understands and agrees that the above general proposal specifications are terms and conditions of the contract between the Harlandale Independent School District and the contractor/vendor. These general proposal specifications, terms, and conditions shall control and govern in the event of any conflict with any other terms and conditions submitted by the contractor/vendor.

21) DISQUALIFICATION - The District reserves the right to disqualify any proposer at the District’s sole discretion.

22) Upon Notice of Award, a CERTIFICATE OF INTERESTED PARTIES (HB 1295 FORM) will be required. In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. More information is located at the following site:

https://www.ethics.state.tx.us/tec/1295-Info.htm

A business entity must use the on-line application to enter the required information on Form

1295 and print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. An authorized agent of the business entity must sign the printed copy of the form and have the form notarized. The completed Form 1295 with the certification of filing number must be filed with the governmental body or state agency with which the business entity is entering into the contract.

The on-line application may be obtained at the following site:

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

23) CONFIDENTIALITY - Please indicate if a form or document is privileged information by clearly labeling it “CONFIDENTIAL” at the bottom of the page. Confidentiality is subject to decision by the

Texas Attorney General. Information provided may not be publicly disclosed if such information (1) is confidential by law, (2) would give advantage to a competitor or bidder, or (3) constitutes a trade secret or commercial/financial information which, if released, would cause substantial competitive harm to the person/entity providing the information.

24) Interlocal Agreements with other School Districts through the Central Texas Purchasing

Alliance

A. Membership. Harlandale ISD is a member in good standing of the Central Texas Purchasing

Alliance (CTPA / txctpa.org), an alliance of over 40 school districts in Texas representing over a 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 District Name 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.

http://www.ethics.state.tx.us/tec/1295-Info.htm http://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm http://www.txctpa.org/ http://txctpa.org/

102 Genevieve ● San Antonio, TX 78214 ● (210) 989-4800 ● Fax (210) 921-4400

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.

25) LIABILITY INSURANCE (Construction Only) - The Contractor shall purchase, prior to the commencement of the Work, and keep in force the following insurance:

(a.) Workmen’s Compensation and Employer’s Liability Insurance in the Contractor’s name containing a waiver of subrogation in favor of Owner, executed by the Insurance Company.

Statutory – amounts and coverage required by state or states of operation, including provisions for voluntary benefits as required in labor agreements, if any, and including

“All States endorsement”, if applicable.

Employer’s Liability – the limit of liability for this portion of the policy shall not be less than:

$500,000.00 per accident

$500,000.00 per employee (disease)

$500,000.00 Policy Limit (disease)

(b.) Comprehensive General Liability Insurance (with XCU exclusions deleted), including but not limited to Products and Completed Operations coverage, Contractor Protective Liability

Insurance in the Contractor’s name, Broad Form Property Damage Insurance, and Personal Injury

Liability Insurance with a combined single limit of not less than $1,000,000.00 for bodily injury and property damage per occurrence.

(c.) Contractual Liability Insurance in the Contractor’s name specifically endorsed to cover the indemnity agreement below in Paragraph (a)(1) hereof. The limit of liability shall not be less than

$1,000,000.00 combined single limit for bodily injury and property damage per occurrence.

(d.) Automobile Liability Insurance with an Employer’s Non-Ownership Liability Endorsement in the Contractor’s name. The limit of liability shall not be less than $1,000,000.00 combined single limit for bodily injury and property damage per occurrence.

(e.) Owner’s Protective Liability Insurance with Owner as the named insured to cover Owner for the Contractor’s operations at the site with a combined single limit of liability of not less than

$1,000,000.00 for bodily injury and property damage per occurrence.

(f.) Umbrella Liability Insurance - $2,000,000.00

26) Certificate of Insurance (Construction Only) - Before the work is commenced, the Contractor shall forward to Owner two (2) copies of the Certificate(s) of Insurance executed by an authorized representative of the insurance company. Such Certificate(s) shall contain a provision that coverage afforded under the policy(s) will not be canceled until at least fifteen (15) days prior written notice has been given Owner. Further, the Contractor shall furnish to Owner similar certificates of insurance from each of the Subcontractors before their respective portions of the Work are commenced, evidencing that each Subcontractor is covered by insurance of similar character and similar amounts as the Contractor.

27) Indemnity Agreement (Construction Only)

102 Genevieve ● San Antonio, TX 78214 ● (210) 989-4800 ● Fax (210) 921-4400

To the fullest extent permitted by law, the contractor shall defend, protect, indemnify, and hold harmless Owner, the Consultant and any other Owner, and their respective directors, officers, employees, agents, partners, and principals from the following:

Any and all claims, actions, liabilities, losses, costs, and expenses including, but not limited to, attorney’s fees relating to any and all losses or damages (including, without limitations, injury to or death of persons and damage to property) allegedly or actually suffered by any person or persons allegedly or actually arising out of or incidental to the Work, or services and activities of the Contractor or any Subcontractors or other person or entity acting directly or indirectly through or under the contractor (including, without limitation, all acts and omissions of the officers, employees, and agents of the Contractor, any Subcontractor or any other person or entity acting directly or indirectly through or under the Contractor) in connection with any installation, job, or work under the Contract or while proceeding to or from the Site, whether or not lawful or within the scope of their employment and/or whether or not allegedly or actually arising out of any statute or other law requiring a safe working place or other requirement of law;

Any and all liability and costs for delay or failure by the Contractor, any Subcontractors, or any other person or entity acting directly or indirectly through or under the Contractor to pay any taxes or make any contributions required by the Contract of them to be paid or made;

Any and all liens, claims or actions for funds allegedly or actually unpaid filed or brought by any person or entity directly or indirectly through or under the Contractor;

Violation in or in connection with the performance of the Work of any law statute or ordinance or any governmental or administrative order, rule, or regulation.

In the event any of the matters is brought, made, or asserted by an employee of the Contractor or of any Subcontractor or any other person or entity acting directly or indirectly through or under the

Contractor any defense, hold harmless or indemnification obligations of the Contractor under the

Contract shall not be limited or barred in any way by any limitation on the amount of type of damages, compensation, or benefits payable by or for the Contractor or any Subcontractor or other person or entity under worker’s compensation acts, disability benefits acts, or other employee benefit acts or by any statutory bar or limitation in any worker’s compensation or other similar type of statute.

102 Genevieve ● San Antonio, TX 78214 ● (210) 989-4800 ● Fax (210) 921-4400

SOLICITATION PROCESS OVERVIEW

1) A solicitation is released to the potential proposer.

2) Deadline for submitting the Proposals.

3) The Harlandale Independent School District reviews all Proposals and selects the Proposals reasonably qualified for selection of award.

4) The Harlandale Independent School District and proposer(s) enter into discussions, negotiations, and clarification of Proposals as necessary.

5) Per CH (LOCAL), a recommendation to the Harlandale Independent School District Board of

Trustees for Proposal award.

6) A purchase order/contract is executed with the successful Proposer.

CONDITIONS FOR SUBMISSION OF A PROPOSAL

All proposals in response to this request must meet the following conditions to be considered:

1) Proposal must include a statement of qualifications, experience, and certifications clearly stating the name of the firm and the name, email, address, and telephone number of the proposer's representative;

2) Proposal must address each of the requirements as stated in this Scope of Services\Statement of Work and/or Specifications;

3) HISD reserves the right to reject any and all proposals, and to negotiate portions thereof. Proposals that address only part of the requirements contained in this Request for Proposal will not be considered;

4) HISD reserves the right to select any proposal, considering the proposal submitted and other factors;

5) The proposer shall furnish such additional information that HISD may reasonably require;

6) HISD will not be liable for any cost incurred in the preparation of proposals; and

7) HISD may ask proposers to send a representative for an oral interview prior to Board of Trustee approval of a proposal. HISD will not be liable for the costs incurred by the proposer in connection with such interview.

8) By submitting a proposal, the proposer affirms that its company, corporation, firm, partnership or individual has not prepared this proposal in collusion with any other bidder and that the contents of this proposal as to prices, terms, or conditions have not been communicated by the undersigned or by any employee or agent to any other person or firm engaged in this type of business prior to the official opening of this proposal.

9) Upon notification of potential selections for award, the person or entity submitting this proposal must give notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in this conviction of a felony (this requirement does not apply to a publicly held corporation).

102 Genevieve ● San Antonio, TX 78214 ● (210) 989-4800 ● Fax (210) 921-4400

10) Severability: In the event that any one or more of the provisions contained in this Request for

Proposals (contract or resulting purchase order) shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provisions shall not affect any other provision hereof, and this Request for Proposals (contract or any resulting purchase order) shall be construed as if the invalid, illegal or unenforceable provision(s) had never been contained herein.

Proposal Submission Requirements

Proposals shall be organized in the following manner:

A. Statement of Qualifications, Experience & Certifications

B. Operating Plan

Describe how the Snack and Beverage Service will be operated. Topics should include explanation of your product options (description, variety options, freshness guarantee, etc.); and plan to troubleshoot any product and machine issues.

Equipment

Indicate the type of equipment that will be used and provided (power consumption, wi-fi, timer, etc.).

Cleaning and Maintenance

Describe how equipment and products (freshness/variety) will be maintained. Include a proposed schedule.

Personnel Management

Indicate the number of employees and agents, duties, and their approximate work schedule. How will they be identified to the public (uniforms, logo, name plate, etc.)?

Describe how all employees or agents will comply with City ordinances, laws and rules and/or regulations of the State and Federal and all other authorities applicable to the preparation, storing and sale of items subject to this proposal.

C. Financial Ability

Awarded vendors will be required to provide proof on insurance upon Notice of Award.

Proposer must submit a current financial statement reflecting the applicant’s current financial condition.

D. Attachment A - Vendor Information

E. Attachment B - Proposed Payment to HISD

F. Attachment C - Listing of Available Products

G. Attachment D - References

H. Mandatory Forms (Attachment E – pages 23-40)

I. HUB & In-State Certification Questionnaire (MS Excel Spreadsheet)

102 Genevieve ● San Antonio, TX 78214 ● (210) 989-4800 ● Fax (210) 921-4400

STATEMENT OF WORK

BACKGROUND

The Harlandale Independent School District (“District”) serves about 10,500 students with two traditional high schools, STEM Early College High School, Frank Tejeda Academy, four middle schools, eight elementary schools, along with various district facilities.

All selected proposals will be contingent upon available funds and campus/facility interest to participate.

SCOPE

The District is seeking proposals from qualified vendors to provide, operate and maintain snack and beverage machines in compliance with federal Smart Snacks in School standards. The District reserves the right to award more than one contract for the same or similar products or services. The District may award separate items or groups of items to various bidders.

1. Proposed Snack and Beverage Products

Use Attachment C to list the proposed food and beverage products and prices as per Federal

Smart Snacks in School standards. All items stocked in the vending machines must be fresh. No expired, “out-of-date,” or “flat” items will be accepted. The awarded vendor with promptly reimburse all locations for all items found to be expired, out of date and or of unsatisfactory quality.

2. Commission

Vendor shall list their commission rate on Attachment B. Commission payment shall be submitted to the District’s Business Office on the 15th of each month. The commission rate shall remain fixed throughout the term of the agreement, including renewal period(s) and approved product pricing increases.

3. Product Pricing

The awarded vendor may request a price increase by submitting a written request to the Assistant

Superintendent of Finance sixty (60) days prior to the date of intended increase. Price increase must include sufficient evidence indicating a change in the cost of the raw or manufactured products. The price increase approval is solely upon the discretion of the District and granted upon written approval.

4. Records and Documents

Successful vendor shall keep all books, accounts, and records that are necessary to conform to accounting requirements of vendor’s business. A notarized financial report related specifically to this contract must be filed with the Assistant Superintendent for Business within 15 calendar days after the end of each calendar month.

5. Sub-Contractor

The successful vendor shall not assign, transfer, convey, sublet, or otherwise dispose of any of its rights, benefits, obligations, or duties under this proposal and the Agreement, without prior written approval from the HISD’s Superintendent or designee. In the event, any assignment or subcontracting is approved, the proposer shall remain obligated to HISD in all respects for the work assigned or subcontracted. All terms and conditions of the proposal and Agreement shall be binding upon all sub-contractors agents and associates of the proposer during the term of the

Agreement.

6. Equipment

102 Genevieve ● San Antonio, TX 78214 ● (210) 989-4800 ● Fax (210) 921-4400

RFP 260005 HISD Snack and Beverage Vending Services

The awarded vendor will be responsible for the delivery, installation, maintenance, repairs, relocation, wear-tear, and removal of all the required equipment for each campus/facility at no cost to the District. Any damages to the District property caused by the equipment and/or vending personnel shall be the responsibility of the awarded vendor. If additional electrical connections are required, awarded vendor shall be responsible to verify the power available, and coordinate with the District’s Director of Maintenance and Operations to complete the required installation.

The District makes no warranty regarding the number of machines to be installed. Vending machine installation shall be requested upon the discretion of District campuses and facilities.

The District reserves the right to discontinue locations in the best interest of the District, it’s students, and the vending machine operator.

Hours of Operation: Vending machines shall be disabled (via timer) during Child Nutrition service hours.

Equipment shall be:

5.1 Secured safely to remain in a stationary position;

5.2 Equipped with a dollar bill changer and credit/debit card reader;

5.3 Equipped with timers to control access;

5.4 Maintained with good sanitation practices (health code minimums);

5.5 Replaced or repaired within (24) hours of report of damage or breakage;

5.6 Uniform in height and attractive looking to blend into surroundings;

5.7 Must be new or in like-new condition that is state of the art and in excellent working condition;

5.8 Coordinate campus/facility placement or movement with District representative;

5.9 Low or no light and energy efficient

5.10 Serviced regularly to ensure functionality and freshness of products;

5.11 Cages must be provided for rodent and insect control around all vending equipment as requested.

7. Permits, Licenses, Taxes

The successful vendor must, at its own expense, obtain all the necessary permits, licenses, and taxes in accordance with the statutes of the State of Texas, City of San Antonio, and all other regulatory agencies, as applicable to this Scope.

If the permits, licenses, tax permits are denied or unable to be procured within thirty (30) days from date of Notice of Award, HISD shall terminate the rights, Agreement, or other contractual arrangements of the concessionaire and be relieved from any and all obligations.

8. Insurance

During the term of this Agreement the successful proposer must, at its own expense, obtain, carry and submit evidence of:

102 Genevieve ● San Antonio, TX 78214 ● (210) 989-4800 ● Fax (210) 921-4400 o Workers Compensation as prescribed under Texas Workers Compensation Act.

o Broad form Comprehensive General Liability, including products liability $500,000 combined single limit.

Insurance shall be written by a company or companies licensed to do business in the State of

Texas. The Certificate of Insurance shall be filed with Harlandale ISD‘s Purchasing Manager.

The Certificate of Insurance must bear the following wording:

Description field:

Harlandale ISD, its Officers and Employees, shall be named as Additional insureds. A waiver of subrogation shall apply to General Liability, Auto Liability and Excess

Liability.

Should any of the above-described policies be cancelled or should coverage be reduced before the expiration date thereof, the issuing company will mail 45 days written notice by mail to:

Purchasing Manager

102 Genevieve

San Antonio, Texas 78214

9. Communication: Regular communication regarding the status of product delivery, machine issues and repairs, and scheduled maintenance shall be handled directly with the campus/facility point of contact. Vendor will be expected to hold regular updates as agreed upon. Vendor must provide a list of management personnel, along with a primary account representative, and their telephone numbers, who may be contacted for issues or service needs.

10. Security: Vending machines will be placed in the designated locations at the sole risk of the awarded vendor. The District will in no way be liable for the destruction or theft of property of the vendor through vandalism or any other cause.

11. Termination

It is expressly agreed and understood that the District shall have the right and option to terminate the Agreement at any time, including but not limited to, for the following causes:

• Failure to furnish items or pricing subject to this Agreement as listed in Attachment C.

• Failure to perform any of the duties and obligations contained in the Proposal and the agreement.

• Failure to timely pay the commission.

• Failure to comply with any other terms and provisions of the Agreement.

• Should vendor become bankrupt or make any assignment for the benefit of creditor in the event of the appointment of a receiver for vendor.

• Failure of District to terminate this agreement for any cause shall not waive District’s right to terminate this agreement for any other cause.

Notwithstanding the foregoing, it is agreed that either District or vendor may terminate this agreement upon thirty (30) days’ written notice.

The District may at its option terminate this agreement immediately upon providing written notice to vendor for failure to provide consideration in accordance with this section of proposal.

102 Genevieve ● San Antonio, TX 78214 ● (210) 989-4800 ● Fax (210) 921-4400

ATTACHMENT A – VENDOR INFORMATION

Vendor Must Provide the Following Information:

Company Name:

Company Address:

City: State: Zip:

Taxpayer I. D. #: Website Address:

Telephone: Fax: E-mail:

Remit to Address if different from above:

Authorized Representative Name:

Auth…