12-828-25-26 FOOD PRODUCTS COMMODITY POTATOES BID.pdf

ELK GROVE UNIFIED SCHOOL DISTRICT

Request for Bid No. 828-25/26 Food & Nutrition Services

Food Products & Commodity Potatoes

Proposal Due Date March 13, 2026, by 4:00 P.M. PST

Kirsten Garcia Purchasing Department

8431 Gerber Road, 2nd Floor Sacramento, CA 95828 Phone: 916/686-7773

Email: kgarcia@egusd.net mailto:kgarcia@egusd.net

Elk Grove Unified School District Bid #828-25/26 Instructions for Bidders Page 2 of 17

ELK GROVE UNIFIED SCHOOL DISTRICT

LEGAL NOTICE

NOTICE TO BIDDERS

NOTICE IS HEREBY GIVEN THAT the Board of Education of the Elk Grove Unified School District, County of Sacramento, State of California, will receive sealed bids up to but no later than March 13, 2026, at 4:00 P.M.

PST.

The bid must be obtained, submitted, and received online through the EGUSD Online Bonfire Procurement Portal: https://egusd.bonfirehub.com.

Bid# 823-25/26 Food & Nutrition Services, Food Products & Commodity Potatoes

The Bid must be obtained, submitted, and received online through the EGUSD Online Bonfire Procurement Portal: https://egusd.bonfirehub.com.

Bids will not be opened or read publicly and will be opened in accordance with the procedures set forth in Public Contract Code Sections 20112 and 1601.

The District reserves the right to reject any and all bids received in whole or in part, to waive any irregularities in the bids or bidding, and to be the sole judge of the suitability of products and services being offered.

For assistance, please contact Kirsten Garcia at kgarcia@egusd.net or by phone at (916) 686-7773.

Kirsten Garcia Purchasing Supervisor Elk Grove Unified School District

Publish: February 20, 2026, and February 27, 2026 https://egusd.bonfirehub.com/ mailto:kgarcia@egusd.net

Instructions for Bidders Page 3 of 17

1. BID OVERVIEW

This solicitation is intended to provide a mechanism for the Food and Nutrition Services Department of the

Elk Grove Unified School District (District) to procure food products and commodity potatoes for its central kitchen.

You/Your: Terms that refer to businesses/individuals submitting a response. The term may apply differently, as the context will indicate.

• Provider - A business entity, Supplier, or Vendor engaged in the business of providing parts & services.

• Bidder - A business entity submitting a response to this bid. Suppliers who may express interest in this bid but who do not submit a response have no obligations with respect to the bid requirements.

• Contractor - The Bidder(s) whose response to this bid is evaluated as meeting the needs of the District.

Contractor(s) will be selected for the award and will enter into a contract for the provision of the materials, equipment, and/or services described in this bid.

• Contractor’s Employee - All persons who can be offered to provide the services described in the bid. All employees of the Contractor shall be covered by the insurance programs normally provided to persons employed by a company (ex, Worker’s Comp, SDI, etc.).

2. BACKGROUND

The Elk Grove Unified School District’s (District) Food & Nutrition Services department is dedicated to supporting the District’s strategic goals through supporting the overall wellness of the student, so that every student learning in every classroom, in every subject, every day is attainable.

The District believes that healthy students are better learners; therefore, we are committed to providing students with kid-friendly options that promote a healthy body and mind. The District was built on a strong foundation of teaching students the importance of healthy eating through consuming a rainbow of fresh fruits and vegetables daily, as well as lean proteins, whole grains, and dairy. The District has made a commitment to freshly prepared meals, purchase locally when feasible, and built a strong Farm to School Program.

The District participates in the National School Lunch Program (NSLP), the School Breakfast Program (SBP), the Child and Adult Care Food Program (CACFP), the Seamless Summer Meal Program (SSO), and the Fresh Fruit & Vegetable Program (FFVP). The District operates a Central Kitchen facility that provides fresh-baked and scratch-made goods to our customers daily at 67 sites. The District serves approximately 47,000 meals a day, over 9 million meals annually.

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3. CONTRACT PERIOD

The initial term of any resulting agreement shall be one (1) year, commencing upon Board approval. The District reserves the right, by mutual written agreement, to extend the agreement for up to two (2) additional one (1) year terms under the same terms and conditions.

Initial Term: July 1, 2026 – June 30, 2027 – 12 months.

A. The District shall retain the right to add, delete, or change products purchased under an awarded Agreement and may do so upon giving a thirty (30) day written notification to the Contractor. If these changes cause an increase or a reduction in the cost of an awarded Agreement, said cost shall be readjusted and, when agreed upon, incorporated into an awarded Agreement. The agreement is contingent upon Board of Education approval.

B. This bid is not an offer by the District to enter into a contract under these or any other terms. Acceptance of a proposal neither commits the District to award a contract to any Bidder, even if all requirements stated in this bid are satisfied, nor limits the District's right to negotiate in its best interest. The District reserves the right to reject all proposals and not decide or to contract for only a portion of the project. All costs for proposal preparation are the responsibility of the Bidder.

C. Pricing shall remain in effect throughout the initial term of the contract. The Contractor may negotiate pricing for subsequent extension terms after the initial term. All proposed increases shall be submitted in writing to the Director of Purchasing at least sixty (60) days prior to the expiration of the contract term. The Contractor must provide documentation in support of the request. Price increases accepted by the District will remain the same for the entirety of the extended term.

4. BID CONTACT

All inquiries regarding this bid must be submitted in writing to the EGUSD Online Bonfire Procurement Portal: https://egusd.bonfirehub.com for the subject bid.

Questions will be received no later than 4:00 P.M. PST, March 5, 2026. Any interpretations, changes, additions, or deletions will be made only by an addendum duly issued, and a copy of such addendum will be posted at https://egusd.bonfirehub.com to the specific bid.

5. BID SUBMISSION

Bids shall be submitted to the Purchasing Department ONLINE ONLY. NO BIDS SHALL BE RECEIVED HAND-

DELIVERED.

TO BE CONSIDERED, ALL BIDS MUST BE RECEIVED ELECTRONICALLY IN THE EGUSD ONLINE BONFIRE PROCUREMENT PORTAL BY THE DATE AND TIME OF CLOSING. THE DISTRICT WILL NOT BE RESPONSIBLE FOR BIDS THAT ARE NOT SUBMITTED ONLINE AT THE CLOSING DATE AND TIME. FAXED BIDS, E-MAILED BIDS, AND BIDS RECEIVED IN THE PURCHASING DEPARTMENT WILL NOT BE ACCEPTED.

Bids submitted in response to this solicitation shall become the property of the District and shall be considered public documents under applicable state law.

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6. DOCUMENTS TO BE INCLUDED IN BID PACKAGE

Indicate a (√) next to each item that the document has been included in your proposal.

DOCUMENT TITLE (√)

Appendix A - Non-Collusion Declaration Appendix B – Information Required of Bidder Appendix C – Certification Regarding Lobbying Appendix D – Suspension and Debarment Certification Appendix E – Iran Contracting Act Appendix F – Equal Opportunity Employment Appendix G – Clean Air and Water Certification

Appendix H – Bid Signature Form

Appendix I – W9

Appendix J – Price Schedule

Addendum(s) – If Applicable, Signed & Dated

Appendix K – Notice & Certification of Contractor of Valid Criminal Records Summary N/A

All bid responses must be submitted electronically, exclusively through the District's designated online procurement portal located at https://egusd.bonfirehub.com.

Submissions received by facsimile, email, mail, courier service, or any other method will be rejected and returned unopened.

7. SCHEDULED DATES

DESCRIPTION DATE

Bid Release Date February 20, 2026 Dates Advertised February 20 & 27, 2026 Last day to submit questions by 4:00 PM PST/PDT March 5, 2026 Bid due date: no later than 4:00 PM PST/PDT March 13, 2026 Board Approval Date June 23, 2026 Contract Start Date July 1, 2026

THESE DATES MAY BE CHANGED BY THE DISTRICT AS NEEDED.

8. BASIS OF AWARD

The District reserves the right to reject any or all bids, or to waive any irregularities or informalities in any bids or the bidding, and to make its selection of items awarded based upon its best judgment as to which items substantially comply with the specifications, or which are most economical and/or best suited for the purpose for which they are intended.

The District reserves the right to make multiple awards or no award at all, and further reserves the right to reject any and all bids and to waive any irregularity or discrepancy associated with this bid. Please submit prices on each item. In the event of equal bids, the award shall be made to the bidder located within the State of California, the County of Sacramento, and with whom the Purchasing Department of the District has had satisfactory business relationships, in the order named. All bids shall remain open and valid and subject to acceptance for ninety (90) calendar days after the bid opening date.

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9. SUBMITTAL

All Bidders submitting a bid shall be responsible for familiarizing themselves with the conditions and requirements of the bid before submitting their proposal. All bids must be submitted on the forms enclosed and submitted online.

A responsive bid is one that meets all terms, conditions, and specifications of the bid. The bid must comply with the content requirements of the bid documents. The Bidder must perform and do what is required by the bid documents, whether it be pricing in a certain way. Other examples where a bid might be declared and found to be non-responsive include:

A. Bid is substantially incomplete B. Bid is delivered late C. No acknowledgement of critical addenda D. Significant discrepancies appear in the response

Bids will be considered valid for ninety (90) calendar days after the bid closing date.

Bidders shall thoroughly examine and be familiar with the specifications. The failure or omission of any Bidder to receive or examine any form, instrument, addendum, or other document or become acquainted with all existing conditions shall in no way relieve any Bidder from any obligations with respect to the Bidder’s offer or to the award contract. The submission of a bid shall be taken as prima facie evidence of compliance with this section.

10. SPECIFICATIONS

Bidders shall thoroughly examine and be familiar with the specifications. The failure or omission of any Bidder to receive or examine any form, instrument, addendum, or other document or become acquainted with all existing conditions shall in no way relieve any Bidder from any obligations with respect to the Bidder’s offer or to the award contract. The submission of a bid shall be taken as prima facie evidence of compliance with this section.

11. PRICES

Bid each item separately. Prices must be stated in units specified or trade standard. The right is reserved to waive any informality in bids, to reject any or all bids, and to accept or reject any item or combination of items. In case of a discrepancy between the unit price and the extension, the unit price will be considered correct. Quote prices net, including trade discounts, F.O.B. DESTINATION, FRT. PREPAID. Set up fees and artwork charges are to be included in the unit price quoted, not charged separately. Cash discounts, when offered, will be computed from the final date of accepted delivery or receipt of invoice, whichever is later.

Sales tax will be applicable but not included in the bid unit price.

12. BRANDS

Brand names are included for descriptive purposes to indicate the quality, design, and utility desired by the District, but the specifications are not intended to restrict competition. Brands of equal make or type to those specified will be considered unless otherwise so indicated in the bid. Each bidder shall indicate the brand name and model number of the brand(s) being bid (even if indicated in the specification). Terms such as “As spec” or Bidder’s item numbers instead of the manufacturer’s name and model number may be considered non-responsive.

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13. INSPECTION AND ACCEPTANCE

All items provided under the contract shall meet or exceed the bid specifications and shall comply with all Federal and California State laws governing their production, handling, processing, and labeling. Inspection and acceptance of all items shall be at DESTINATION. Items found to be defective or not in accordance with the bid specifications shall be replaced by the successful bidder at no cost to the District. Failure to replace said items shall be considered sufficient cause for default action under the DEFAULT provision of this bid.

14. PUBLIC RECORD

All bids become the property of the District. All bids, including the accepted bid and any subsequent award contract, become public records per the requirements of the California Government Code, Sections 6250- 6270, and the “California Public Records Act”. Bidders submitting Proprietary information shall mark the information as such. The pricing and service elements of the successful bid are not considered proprietary information.

The District will treat all information submitted in a bid as available for public inspection once the District has an award contract finalized with the selected Bidder. If you believe that you have a legally justifiable basis under the California Public Records Act (Government Code Section 6250 et seq) for protecting the confidentiality of any information contained within your bid, you must identify any such information, together with the legal basis of your claim, in your bid. The Bidder agrees to defend and indemnify the District for any liability, costs, and expenses incurred in asserting such confidentiality as part of your bid. The final determination as to whether the District will assert your claim of confidentiality on your behalf shall be at the sole discretion of the District.

15. ERRORS AND CORRECTIONS

Bidders submitting a bid are responsible for carefully checking all conditions and specifications. The District will not be responsible for any errors or omissions on the part of the Bidder submitting a bid in making a bid.

No erasures are permitted. Mistakes may be crossed out and corrections made adjacent and must be initialed in ink by the person signing the bid. Verify your bid before submission, as it cannot be withdrawn or corrected after being opened.

16. ADDENDUM

Discrepancies in and omissions from the bid documents or questions as to their meaning shall, at once, be brought to the attention of the District, in writing through the EGUSD Online Bonfire Procurement Portal, prior to the end date and time for questions. Any interpretations, changes, additions, or deletions will be made only by addendum duly issued, and a copy of such addenda (s) will be posted at https://egusd.bonfirehub.com. The District will not be responsible for any other interpretations or changes.

Any addendum(s) issued must be signed and returned with other bid response documents at the time and date set for the bid opening. It is the Bidder’s responsibility to indicate acknowledgment, sign, and return addenda with their response.

17. WITHDRAWAL OF BID

Any Bidder submitting a bid may withdraw their bid electronically online before the bid opening. A bidder may not withdraw their bid after the closing date and time.

18. COST OF BID PREPARATION

The cost of preparation of the response to this Invitation for Bid is solely the responsibility of the Bidder submitting a bid. The District accepts or implies no liability for the cost of preparation.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=7.&chapter=3.5.&lawCode=GOV&title=1.&article=1.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=7.&chapter=3.5.&lawCode=GOV&title=1.&article=1.

Instructions for Bidders Page 8 of 17

19. PREVIOUS PERFORMANCE

Bidders submitting a bid are advised that the District reserves the right to reject a bid from a Bidder that cannot demonstrate the ability to provide the services required. Past service and delivery performance with a similar-sized organization and scope of work is a factor in the determination of an award against this bid.

Bidders submitting a bid, past performance practices, and service to the District will be examined. Bidders submitting a bid who have demonstrated unsatisfactory performance will be subject to disqualification as a responsible Bidder submitting a bid, thereby disqualifying the Bidder submitting a bid from an awarded contract.

20. COMPETENCY OF BIDDERS SUBMITTING A BID

No bid will be accepted from or awarded to a Bidder who is not licensed in accordance with the law, to whom a bid has not been issued by the District, and who has successfully performed on projects of similar character and scope to the proposed work. A representative of the District, prior to an award, may examine the business premises of any Bidder submitting a bid. Bidders submitting a bid shall agree to fully comply with all City, State, and Federal laws, regulations, and ordinances governing the performance of the awarded contract. It will be the responsibility of the Bidder to obtain any clearances necessary for the completion of the award contract.

21. RIGHT TO REJECT BIDS

The District reserves the right to reject any and all bids or any part of a bid; to waive minor defects or technicalities; or to solicit new bids on the same project or modified project, which may include portions of the original bid document, as the District may deem necessary and in its best interest. False, incomplete, or unresponsive statements in connection with a submitted bid may be sufficient cause for rejection. The District will be the sole judge in making such determinations.

22. INSURANCE

Contractor shall, at his, her, or its sole cost and expense, maintain in full force and effect, during the term of this Agreement, the following insurance coverage from a California licensed and/or admitted insurer with an A minus (A-), VII, or better rating from A.M. Best, sufficient to cover any claims, damages, liabilities, costs and expenses (including counsel fees) arising out of or in connection with Contractor's fulfillment of any of its obligations under this Agreement or either party's use of the work or any component or part thereof:

PART I – INSURANCE REQUIREMENTS

A. Commercial General Liability, including both bodily injury and property damage, with limits as follows:

• $2,000,000 per occurrence

• $500,000 fire damage

• $5,000 medical expenses

• $1,000,000 personal & adv. injury

• $4,000,000 general aggregate

• $2,000,000 products/completed operations aggregate.

The policy may not exclude coverage for claims arising from or relating to claims for sexual molestation or abuse. The Contractor must provide proof that the Contractor’s Commercial General Liability Insurance covers claims for sexual molestation or abuse. In the event that Contractor’s policy should have an exclusion for sexual molestation or abuse claims, then Contractor shall be required to procure a supplemental policy providing such coverage and provide proof thereof.

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Contractor that has any employee(s) who interacts with students outside of the immediate supervision and control of the student’s parent or guardian, or a District/school employee shall have sexual molestation and abuse coverage limits with a minimum coverage of $2,000,000 per occurrence and $4,000,000 general aggregate. The supplemental policy providing coverage for sexual molestation or abuse claims shall name the District and the Board of Education as named additional insureds. Any endorsements issued for the supplemental policy shall also apply to and provide coverage to the District. Certificates of Insurance, additional insured endorsement, and declaration of insurance coverages shall be provided to the District. All premiums on all insurance policies shall be paid by the Contractor and shall be deemed included in the Contractor’s obligations under this contract at no additional charge. For any claims related to the services contracted for under this Agreement, the Contractor’s insurance coverage, including any supplemental policy covering sexual molestation and abuse claims, shall be primary insurance with respect to the District, its subsidiaries, officials, and employees. Any insurance or self-insurance maintained by the District, its subsidiaries, officials, and employees shall be in excess of the Contractor's insurance and shall not contribute to it.

B. Sexual Abuse and Molestation (If not included in General Liability), coverage must be included under General Liability or obtained in a separate policy and identified under “Other” coverage of Certificate of Insurance, or by indicating in Description of Operations/Special Provisions that Sexual Abuse/Molestation coverage is not excluded, and provide policy exclusion pages. If Sexual Abuse/Molestation coverage is added by Endorsement to the General Liability policy, must provide proof of Endorsement. Such coverage shall be in an amount of not less than the following limits:

• $2,000,000 per occurrence

• $4,000,000 general aggregate

C. Commercial Auto Liability, Insurance for all owned, non-owned, or hired automobiles with a $1,000,000 combined single limit. If no owned automobiles, then only hired and non-owned is required. If the Contractor uses a vehicle to travel to/from school sites, between schools, and/or to/from students’ homes or other locations as approved service locations by the District, the Contractor must comply with the State of California auto insurance requirements.

D. Workers’ Compensation and Employers Liability Insurance in accordance with provisions of California Labor Code sections 3200 et seq., adequate to protect Contractor from claims that may arise from its operations pursuant to the California Workers’ Compensation Insurance and Safety Act and in accordance with applicable state and Federal laws.

• Part A – Statutory Limits

• Part B – $1,000,000/$1,000,000/$1,000,000 Employers Liability

Contractor, upon execution of this Contract and periodically thereafter upon request, shall furnish the District with certificates of insurance evidencing such coverage. The certificate of insurance shall include a ten (10) day non-renewal notice provision. The Commercial General Liability and Automobile Liability policy shall name the District and the Board of Education as named additional insureds and shall be endorsed on all policies.

Certificate of Insurance, additional insured endorsement, and declaration of insurance coverages shall be provided to the District. All premiums on all insurance policies shall be paid by the Contractor and shall be deemed included in the Contractor’s obligations under this contract at no additional charge.

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Any deductibles or self-insured retentions above $100,000 must be disclosed to and approved by the District.

At its option, District may require the Contractor, at the Contractor’s sole cost, to: (a) cause its insurer to reduce to levels specified by the District or eliminate such deductibles or self-insured retentions with respect to the District, its officials and employees, or (b) procure a bond guaranteeing payment of losses and related investigation.

For any claims related to the services contracted for under this Agreement, the Contractor’s insurance coverage shall be primary insurance with respect to the District, its subsidiaries, officials, and employees. Any insurance or self-insurance maintained by the District, its subsidiaries, officials, and employees shall be in excess of the Contractor's insurance and shall not contribute to it.

All Certificates of Insurance may reference the contract number, name of the school or agency submitting the certificate, and the location of the school or agency submitting the certificate on the certificate.

23. FAILURE TO PROVIDE EVIDENCE OF INSURANCE, POST SECURITY, OR EXECUTE CONTRACT

In the event the bidder to whom a notice of intent to award a contract is given, fails or refuses to provide the certificates of insurance, required bonds, or return properly executed copies of the contract within seven (7) calendar days from the date of receiving said notice, the District may declare the Contractor as nonresponsive to this solicitation and re-issue a notice of intent to award a contract to the next lowest responsive and responsible bidder, or may call for new bids.

24. INDEMNIFICATION AND HOLD HARMLESS

Contractor agrees to defend, indemnify, save, and hold harmless the District and any of their governing bodies, the individuals, thereof, and all officers, agents, employees, representatives, and volunteers from all loss, cost, and expense (including, but not by way of limitation, attorneys’ fees and other related legal costs) arising out of any liability or claim of liability for injury, damage, or loss sustained or claimed to have been sustained arising out of, or occurring as a result of the Bidder’s performance or failure to perform services under this bid, or resulting from or in any way directly or indirectly connected with the performance or nonperformance of the District, pertaining to this bid. Bidder further agrees to waive all rights of subrogation against the District and shall pay for any and all injury, damage, or loss to the District. The provisions of this indemnification clause shall not be limited to the availability or collectability of insurance coverage, nor do these provisions apply to any injury, damage, or loss caused solely by the negligence of the District.

25. SUPPLIER NOT OFFICER, EMPLOYEE, OR AGENT OF DISTRICT

While engaged in carrying out the terms and conditions of the contract, the Contractor is an independent contractor and not an officer, employee, or agent of the District.

26. ASSIGNMENT AND SUBCONTRACTING

The Contractor shall not assign or subcontract the work or any part thereof without the previous written consent of the District, nor shall he assign, by power of attorney or otherwise, any of the money payable under the awarded contract unless written consent of the District has been obtained. No right under an awarded contract or claim for any money due or to become due hereunder shall be assessed against the District or persons acting for the District, by reason of any so-called assignment of the awarded contract or any part thereof, unless such assignment has been authorized by the written consent of the District. In case the contractor is permitted to assign monies due or to become due under an awarded contract, the instrument of assignment shall contain a clause subordinating the claim of materials supplied for the performance of the work.

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27. TERMINATION FOR CONVENIENCE AND NON-APPROPRIATION

A. Convenience The District may unilaterally terminate an awarded contract for any reason, in its absolute discretion, by giving the Contractor 30 days' written notice of termination.

B. Non-appropriation The District may terminate or amend an awarded contract immediately upon giving written notice to the Contractor:

1. If advised that funds are not available from external sources for this contract or any portion thereof, including if distribution of such funds to the District is suspended or delayed.

2. If funds in the District’s yearly proposed and/or final budget are not appropriated by the District for this contract or any portion thereof.

3. If funds that were previously appropriated for this contract are reduced, eliminated, and/or re-allocated by the District as a result of mid-year budget reductions.

In the event of early termination, the Contractor shall be paid for satisfactory services performed to the date of termination. Upon payment by the District, the District shall be under no further obligation to the Contractor, monetarily or otherwise, and the District may proceed with the work in any manner the District deems proper.

28. TERMINATION FOR DEFAULT

The District may, by written notice of default to the Contractor, terminate the contract in whole or in part if:

A. The Contractor fails or neglects to perform any of the services listed herein in the manner and time specified, or if, in the opinion of the District, the items(s) provided fail to perform satisfactorily.

B. The Contractor fails to perform any of the other provisions of the bid or purchase order and does not cure such failure within a period of two (2) business days (or such longer period as the District may authorize in writing) after receipt of notice from the Elk Grove Unified School District specifying such failure.

In the event the District terminates the contract, in whole or in part, the District may acquire equipment, similar to those so terminated, from another source, and the Contractor shall be liable for any excess costs of acquisitions of such similar supplies.

29. FORCE MAJEURE

The parties to this contract shall be excused from performance during the time and to the extent that they are prevented from obtaining, delivering, or performing by Act of God, fire, strike, walk-out, or commandeering of materials, products, plants, or facilities by the government, provided that the non-performance is not due to the fault or neglect of the supplier. In such cases, however, satisfactory evidence thereof must be presented in written form.

30. INVOICING

Invoices for goods and services delivered against any contract or order must be itemized by site and all applicable discounts identified. Invoices must show the Purchase Order number.

The Contractor shall submit invoices to the District, Accounts Payable. All invoices must reference this contract number/contract ID # and the service performed. Payments shall be made within sixty (60) days of receipt of invoice from the Contractor. In the event of a claim of late fees by Contractor, District shall pay undisputed fees in accordance with Government Code section 926.10.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=926.10.&lawCode=GOV

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31. FINGERPRINTING REQUIREMENTS

California Education Code Section 45125.2 requires entities providing services to the District to ensure the safety of students where employees of the entity, or subcontractors employee(s), interact with students outside of the immediate supervision and control of the student’s parent or guardian or a District/school employee. Therefore, the Contractor shall certify that methods are being undertaken to ensure the pupils’ safety. Certification must be accomplished by completing the District’s “Declaration Regarding Employee Fingerprint and Criminal Background Check” Certification Form.

Successful Bidders submitting a bid shall submit within ten (10) days of award of contract, a fully executed “Declaration Regarding Employee Fingerprinting and Criminal Background Check” if it is found to be necessary for them to have contact with students. The cost for background or fingerprint checks is the responsibility of the Contractor(s).

32. PROPERTY

Alterations and additions to the property shall be made only with the District's prior written approval. The awarded Contractor shall pay the District for the repair or replacement of any property or facilities of the District, which may be lost, damaged, or stolen as a result of the Contractor's use of the District’s premises.

33. LIMITATIONS

The award of a contract, if at all, is at the sole discretion of the District. The District reserves the right to award a contract to any entity responding to this bid. The District makes no representation that participation in the bid process will lead to an award contract or any consideration whatsoever. The awarding of the contract(s), if at all, is at the sole discretion of the District.

The bids and any other supporting materials submitted to the District in response to this bid will not be returned and will become the property of the District unless portions of the material are designated as proprietary at the time of submittal and are specifically requested to be returned. Vague designations and/or blanket statements regarding entire pages or documents are insufficient and will not bind the District to protect the designated matter from disclosure. Pursuant to Michaelis, Montanari, & Johnson v. Superior Court (2006) 38 Cal.4th 1065, proposals shall be held confidential by the District and shall not be subject to disclosure under the California Public Records Act until after either: (1) the District and the successful Bidders have completed negotiations and entered into a contract, or (2) the District has rejected all bids.

Furthermore, the District will have no liability to the Bidder or other parties as a result of any public disclosure of any bid.

34. NONDISCRIMINATION

No Bidder will be discriminated against on the basis of race, color, gender, sexual orientation, political affiliation, age, ancestry, religion, marital status, national origin, medical condition, or disability in any consideration leading to the award of a contract. No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination in any consideration leading to the award of a bid.

In connection with all services performed under this bid, there shall be no unlawful discrimination against any prospective or active employee engaged in the work because of race, color, ancestry, national origin, religious creed, sex, age, marital status, physical disability, mental disability, or medical condition. The Contractor agrees to comply with applicable Federal and State laws, including, but not limited to, the California Fair Employment and Housing Act, beginning with Government Code Section 12900 and Labor Code Section 1735. In addition, the Contractor agrees to require like compliance by any subcontractors employed in connection with the bid by such Contractor.

https://www.cde.ca.gov/re/lr/cl/ http://gov.uchastings.edu/docs/CaseMichaelis.pdf http://gov.uchastings.edu/docs/CaseMichaelis.pdf

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35. MODIFICATIONS

Changes in or additions to the bid, as well as any attachments, amendments, or other official correspondence related to this document, may not be manually, electronically, or otherwise altered by Bidder or Bidder’s agent(s). Recapitulations of the work proposed upon, alternative proposals, or any other modification of the proposal that is not specifically called for in the contract award documents may result in the District's rejection of the bid as not being responsive to the invitation to propose. No oral or telephonic modification of any bid submitted will be considered, and a mailed modification may be considered only if the postmark evidence that a confirmation of the mailed document, duly signed by the Bidder, was placed in the mail prior to the opening of bids.

36. PIGGYBACKABLE BID

Other school districts and public agencies may purchase under this bid at the same prices, terms, and conditions stated in these bid documents at the discretion of the successful Bidder.

School Districts participating in this bid shall be responsible for obtaining approval from their Board(s) of Education or other approving body of authority when necessary and shall hold the Elk Grove Unified School District harmless from any disputes, disagreements, or actions that may arise as a result of using this bid.

The Elk Grove Unified School District waives its right to receive payment and authorizes each district to make payments and place orders directly to the successful Bidder.

37. DRUG AND ALCOHOL-FREE WORKPLACE

The Contractor hereby certifies, under penalty of perjury, under the laws of the State of California, that under the contract, they will comply with the requirements of the Drug-Free Workplace Act of 1988 (Government Code Section 8350 et. seq.) and the Elk Grove Unified Board of Education’s Policy (BP 4020). Therefore, the delivery site(s) shall be kept drug and alcohol free at all times.

38. TOBACCO-FREE WORKPLACE

The Contractor hereby agrees, under the contract, that he will comply with Elk Grove Unified Board of Education’s Policy (BP 3515.3), which states: “The Governing Board recognizes the health hazards associated with tobacco products, including the breathing of secondhand smoke and desires to provide a healthy environment for students and staff.” Therefore, the delivery site(s) shall be kept tobacco-free and smoke-free at all times.

39. LOBBYING

Failure to comply with any of the instructions stated in the bid documents may result in the rejection of the bid. Any Bidder submitting a bid shall not contact or lobby any District Board of Education member, District official employee, agent, or representative during the bid process, including up to the date of Board action, except as specified in the bid for contact. Any Bidder attempting to influence the bid, including the submittal, review process, and awarding of the bid, will have their firm’s bid rejected for violating this term and condition of the bid.

Any party, individual, group, or firm not submitting a bid, but which may have a financial or business interest in the award of the bid, shall not contact or lobby any District Board of Education member, District official, employee, agent, contractor, or representative, including up to the date of Board action. Any such contact shall be grounds for the disqualification of the Bidder. Any and all public comments regarding the Board of Education’s action in the award of this bid will be accepted on the date of the Board's action in a public meeting pursuant to the Brown Act.

Instructions for Bidders Page 14 of 17

40. BYRD ANTI-LOBBYING AMENDMENT

Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) – Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier-to-tier up to the non-Federal award. https://www.law.cornell.edu/uscode/text/31/1352

The undersigned further certifies that:

A. No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement.

B. If any funds other than Federal appropriated funds have been or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions

C. The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all sub-recipients shall certify and disclose accordingly. https://eca.state.gov/files/bureau/sflll.pdf

41. DEBARMENT AND SUSPENSION

Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contain the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. https://www.law.cornell.edu/cfr/text/13/400.109

42. EQUAL EMPLOYMENT OPPORTUNITY

Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” https://www.dol.gov/ofccp/regs/compliance/FinalRules_Notices.htm https://www.law.cornell.edu/uscode/text/31/1352 https://eca.state.gov/files/bureau/sflll.pdf https://www.law.cornell.edu/cfr/text/13/400.109 https://www.dol.gov/ofccp/regs/compliance/FinalRules_Notices.htm

Instructions for Bidders Page 15 of 17

A. Federally assisted construction contract means any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the U.S. Government or borrowed on the credit of the U.S. Government pursuant to any federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the U.S. Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work.

B. Construction work means the construction, rehabilitation, alteration, conversion, extension, demolition, or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.

C. The Bidder certifies it is an Equal Opportunity Employer, a provider of services and/or assistance, and is in compliance with the 1964 Civil Rights Act, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, as amended, and Executive Orders 11246 and 11375. The vendor assures compliance with the Americans with Disabilities Act of 1990 (Public Law 101-336), all amendments to, and all requirements imposed by the regulations issued pursuant.

Pursuant to the Federal Rule above, when federal funds are expended by the District, the Bidder certifies the following:

A. That it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C.

1352); That neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency; That when the District expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein.

43. CLEAN AIR AND WATER CERTIFICATION

(Applicable only if the contract exceeds $100,000 or the Contracting Officer has determined that the orders under an indefinite quantity contract in any one year will exceed $100,000, or a facility to be used has been the subject of a conviction under the Clean Air Act [42 USC 7413(c)(1) or the Federal Water Pollution Control Act [33 USC 1319(c)] and is listed by EPA, or the contract is not otherwise exempt.)

A. The contractor agrees as follows:

1. To comply with all the requirements of Section 114 of the Clean Air Act, as amended [42 USC 7414] and Section 308 of the Federal Water Pollution Control Act [33 USC 1251, et seq.], respectively, relating to inspection, monitoring, entry, reports and information as well as other requirements specified in Section 114 and Section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued hereunder before the award of this contract.

2. That no portion of the work required by this contract will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this contract was awarded, unless and until the EPA eliminates the name of such facility or facilities from such listing.

3. To use his best efforts to comply with clean air standards and clean water standards at the facilities in which the contract is being performed.

Instructions for Bidders Page 16 of 17

4. To insert the substance of the provisions of this clause in any nonexempt subcontract, including this paragraph (a)(4).

B. The terms used in this clause have the following meanings:

1. The term “Air Act” means the Clean Air Act, as amended [42 USC 7401, et seq.].

2. The term “Water Act” means Federal Water Pollution Control Act, as amended [33 USC 1251 et seq.].

3. The term “Clean Air Standards” means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted pursuant to the Air Act or Executive Order 11738, an applicable implementation plan as described in Section 110(d) of the Clean Air Act [42 USC 7410], an approved implementation procedure or plan under Section 111(c) or Section 111(d), respectively, of the Air Act [42 USC 7411] or Section 111(d), respectively, of the Air Act [42 USC 7411], or an approved implementation procedure under Section 112(d) of the Air Act [42 USC 7412].

4. The term “Clean Water Standards” means any enforceable limitation, control, condition, prohibition, standard, or other requirement which is promulgated pursuant to the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by Section 402 of the Water Act [33 USC 1342] or by local government to ensure compliance with pretreatment regulations, as required by Section 307 of the Water Act [33 USC 1317].

5. The term “compliance” means compliance with clean air or water standards. Compliance shall also mean compliance with a schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency, or an Air or Water Pollution Control Agency in accordance with the requirements of the Air Act or Water Act and regulations issued pursuant thereto.

6. The term “facility” means any building, plant, installation, structure, mine, vessel, or other floating craft, location, or sites of operations owned, leased, or supervised by a contractor or subcontractor to be utilized in the performance of a contract or subcontracts. Where a location or site of operations contains or includes more than one building, plant, installation, or structure, the entire location or site shall be deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are co-located in one geographical area.

44. ENERGY POLICY AND CONSERVATION ACT

When federal funds are expended by Participants for any contract resulting from this procurement process, the bidder certifies that it will be in compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321, et seq.; 49 C.F.R. Part 18; Pub. L. 94-163, 89 Stat. 871).

Instructions for Bidders Page 17 of 17

45. RIGHTS TO INTERVENTION

Rights to Inventions Made Under a Contract Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2(a) and the recipient or sub recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement”, the recipient or sub recipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements”, and any implementing regulations issued by the awarding agency.

Pursuant to the Federal Rules above, when federal funds are expended by Participants, the Bidder certifies that during the term of an award for all contracts by Participants resulting from this procurement process, the Bidder agrees to comply with all applicable requirements as referenced in Federal Rule (C) above.

46. RECORDS RETENTION REQUIREMENTS FOR CONTRACTS PAID FOR WITH FEDERAL FUNDS

When federal funds are expended by Participants for any contract resulting from this procurement process, the Bidder certifies that it will comply with the record retention…