BPO_JUICE.doc

Horizons Youth Services

Muhlenberg Career Development Center

Request For Proposal

For cafeteria juice service

PROPOSALS WILL BE RECEIVED UNTIL PROPOSAL CLOSING DATE:

10:00AM

5-31-13 NOTE: This is a request for proposal. This does not commit the Government to pay any costs incurred in the preparation of the response or to enter into any contract for supplies or services.

Deliver or mail to:

HYS – Muhlenberg Career Development Center

Attn: Ralph Hill

3875 State Route Highway 181 North

Greenville, Ky. 42345

Request for: cafeteria juice service

PROPOSAL SHEET

Proposal of _________________________________doing business under the laws of the State of Kentucky.

To: Horizons Youth Services (HYS) operating the Muhlenberg Career Development Center.

In compliance with the Proposal Provisions, Scope of Work, Terms and Conditions and other specification contained in this proposal package, the undersigned proposes to provide cafeteria juice services for the Muhlenberg Career Development Center located at 3875 State Route Highway 181 North, Greenville, Ky. 42345.

The undersigned agrees to sell the Center cafeteria juice services as follows;

Flavored water at __________________________________per container

Orange juice at ____________________________________per container

Cranberry juice at___________________________________per container

Apple juice at______________________________________per container

Grape juice at______________________________________per container

Sugar free lemonade at ______________________________per container

Sugar free fruit punch at _____________________________per container

Pineapple juice at ___________________________________per container

Strawberry,banana,kiwi juice at ________________________per container

Apple,peach,kiwi juice at______________________________per container

Blue raspberry juice at ________________________________per container

Gator-orange juice at _________________________________per container

Gator lemon/lime juice at______________________________per container

Apple raspberry juice at________________________________per container

Above pricing includes labor, materials, equipment, transportation to include fuel and supervision to accomplish the scope of work.

Payment terms: net 30 days Respectfully submitted, Vendor ______________________________ Name _______________________________

Signature _____________________________ Date ________________________________

Phone ________________________________ E-Mail _______________________________

ARTICLE I: Definitions

A.

"Center" as used in this agreement shall mean the Muhlenberg Career Development Center, a residential training and education institution located at 3875 State Route Highway 181 North, Greenville, Ky. 42345.

B.

"Center Director" as used in this agreement shall mean the individual duly appointed by center operator with responsibility and authority for planning, budgeting, contracting, directing, and operating the entire program at the center.

C.

"Center operator" as used in this agreement shall mean Horizons Youth Services, 3586 Horizons Way, Harrisonburg, VA 22802.

D.

"Subcontractor" as used in this agreement shall mean the vendor chosen to perform cafeteria juice services for the above center.

E.

"Department of Labor" as used in this agreement shall mean the United States Department of Labor, Employment and Training Administration (ETA), Office of Job Corps or its designee.

ARTICLE II: Statement of Work/Performance

Pursuant to its contract with the Department of Labor, the center operator is obligated to provide training services to students. Therefore, the center operator hereby engages the subcontractor, and the subcontractor hereby agrees to perform services related to cafeteria juice delivery.

Specifically, the subcontractor agrees to perform the tasks and services set forth in the statement of work that is attached to and hereby incorporated into this agreement as Exhibit 1.

ARTICLE III: Proposal Provisions

The following proposal provisions apply. Failure to read and understand all instructions could result in vendor being non responsive.

This response will be considered part of the proposal and the provisions and conditions will be in effect for the duration of this subcontract.

All prices and notations must be legible. No erasures are permitted. Errors will be crossed out and corrections printed in ink and initialed by the individual signing the proposal.

All prices will be firm for (45) forty-five days from the proposal submission dated on this Request for Proposal.

HYS, under its prime contract with the US Depart of Labor, is eligible for GSA prices.

Muhlenberg Career Development Center reserves the right to accept and/or reject any or all proposals. Muhlenberg Career Development Center will be the sole judge of which proposal presents the best value: lowest priced, technically acceptable.

No additional charge for delivery of services, insurance, license fees, permits or cost of bonds will be paid by Muhlenberg Career Development Center unless specifically included in this proposal and accepted by Muhlenberg Career Development Center.

ARTICLE IV: Period of Performance

Period of Performance will be listed with a start date of 8-1-13 through an end date of 7-31-14.

ARTICLE V: Indemnification and Insurance

The subcontractor does hereby agree to indemnify and hold harmless the center; the center operator; the Department of Labor and their officers, agents, and employees from any claim, action, lawsuit or liability for injury or damage to any person or property arising out of performance of this agreement. The subcontractor is required to maintain a current professional liability policy with a limit of at least $1,000,000 per claim, $3,000,000 annual aggregate.

ARTICLE VI: Independent Contractor

This agreement is not intended by the parties to constitute or create a joint venture, partnership, formal business organization of any kind, or employer/employee relationship between the parties, and the rights and obligations of all parties shall be only those expressly set forth herein. Neither party shall have authority to bind the other except to the extent authorized herein. The parties to this agreement shall remain as independent contractors at all times, and neither party shall act as the agent for the other.

Subcontractor shall secure and keep current, at its own expense, all licenses and other certifications required by law or otherwise necessary to fulfill the statement of work. Subcontractor shall be solely and exclusively liable to third parties for all costs incurred by the subcontractor and for all claims of damage against the subcontractor arising out of or based on subcontractor's performance of this agreement, and is responsible for maintaining proper insurance, at the subcontractor's sole expense, to cover any and all such contingencies. Subcontractor shall also assume full responsibility for payment of any and all federal, state, and local taxes or contributions imposed or required under unemployment insurance, social security, and income tax laws, with respect to subcontractor's performance under this agreement.

ARTICLE VII: Termination of Agreement

This agreement may be terminated by the center operator or subcontractor upon thirty (30) days written notice. The notice shall be effective on the same date as duly posted in the United States mail, certified, addressed and postage paid. The notice shall be sent to the affected parties at:

To the center : Muhlenberg Career Development Center

Attn: Center Director

3875 State Route Highway 181 North

Greenville, Ky. 42345

To the center operator:

Horizons Youth Services

3586 Horizons Way

Harrisonburg, VA 22802

To Subcontractor:

The center operator also reserves the right to terminate this agreement, in whole or in part, with or without notice, if requested by the Department of Labor.

ARTICLE VIII: General Provisions

The parties agree that the following provisions are applicable to this agreement:

A.

That the subcontractor agrees to perform its services in accordance with professional standards and policies, procedures, and guidelines as may be established, from time to time, by the Department of Labor and/or the center operator. The subcontractor further agrees and acknowledges that the Department of Labor and the center operator reserve the right to change, modify, alter, and revoke the said policies, procedures, and guidelines.

B.

That no services under this agreement shall be delegated or subcontracted without the express written permission of the center operator.

C.

That the center operator may at any time, by written order, make reasonable requests for amendments and additions, within the general scope of this agreement, in the definition of services and tasks to be performed, the time, and the place of performance thereof.

D.

That the subcontractor shall make no public statements with respect to this agreement or its work there under and shall issue no public statements or advertising or conduct research related thereto without the prior written approval of the Center Director.

E.

That the subcontractor shall provide the center operator with current copies of insurance certificates.

F.

That it is understood and agreed that the services provided by the subcontractor are subject to monitoring and review by the Department of Labor.

G.

That this agreement is subject to the terms and conditions of the center operator's prime contract and certain provisions contained therein may be applicable to subcontractor. It is hereby understood and agreed that the provisions set forth in Exhibit 2, if any, are hereby incorporated into this agreement by reference and shall have the same force and effect as though set out in full text herein.

H.

The agreement shall be construed and enforced in accordance with the laws of the state of Kentucky.

I.

If any term or provision of this agreement is held to be illegal, invalid, void, and/or unenforceable, for any reason, such term or provision shall be fully severable; this agreement shall be construed and enforced as if such illegal, invalid, void, and/or unenforceable term or provision had never comprised a part of this agreement; and the remaining terms and provisions of this agreement shall remain in full force and effect.

J.

This agreement can only be modified in writing executed by each of the parties or their authorized agents.

K.

This writing is intended by the parties to be the final expression of their agreement and is a complete and exclusive statement of its terms, and all communications, negotiations, considerations, and representations, whether written or oral, between the parties with respect to the subject matter of this agreement are incorporated. Other than as specifically set forth in this agreement, no representations, understandings, and/or agreements have been made or relied upon in the making of this agreement.

APPROVED*

Authorized Official Signature Subcontractor Signature

Print Name Print Name

Title

*This subcontract should be signed by the appropriate authorized official of center operator in accordance with the terms of the basic contract or interagency agreement.

Exhibit 1

STATEMENT OF WORK

Provide two juice dispensers with 6 to 8 dispensing heads and 2 fortified water dispensers with 4 dispensing heads and 6 different flavors of water.

A minimum of two deliveries per month will be made between the hours of 8:00 to 10:00 am or 1:00 to 4:00 pm Monday thru Friday.

During each delivery the dispensing machines must be cleaned and serviced by vendor personnel.

Any maintenance costs associated with the dispensing machines will be born by the vendor. All machines must be repaired no later than two business days after notification is made of a problem.

Exhibit 2

INCORPORATED CLAUSES

The following contract clauses are hereby incorporated by reference:

52-216-8 (Mar 97) Fixed Fee

(Ref.16.307(b) (paragraph (b) is deleted)

52.222-2 (Jul 90) Payment for Overtime Premiums

52.222-4 (Jul 95) Contract Work Hours and Safety

(Ref.22.305)

Standards Act – Overtime Compensation

52.230-2 (Apr 96) Cost Accounting Standards

52.230-3 (Apr 98) Disclosure and Consistency of Cost

Accounting Practices

52.232-22 (Apr 84) Limitation of Funds

52.203-5 (Apr 84) Covenant Against Contingent Fees (Ref.3.404(c))

52.230-5 (Feb 95) Cost Accounting Standards – Educational

Institution

52.232-20 (Apr 84) Limitation of Cost

52.215-12 (Oct 97) Subcontractor Cost or Pricing Data

(Ref.15.408(d))

52.230-2 (Apr 96) Cost Accounting Standards

52.215-13 (Oct 97) Subcontractor Cost or Pricing Data – (Ref.15.408(e))

Modifications

52.215-10 (Oct 97) Price Reduction for Defective Cost or (Ref.15.408(b))

Pricing Data

52.215-11 (Oct 97) Price Reduction for Defective Cost or (Ref.15.408(e))

Pricing Data – Modifications