9-26RFP033 - RFP Specifications.pdf

Request for Proposals

26RFP033

AISD Food Services - Custom Walk-In Refrigeration Units (Coolers and Freezers) at Multiple Locations

Date Event November 21, 2025 & November 28, 2025 Dates of public advertisement

December 2, 2025 Due date for questions submitted in Bonfire platform by 3:00 pm CST

December 5, 2025 Questions and answers posted in Bonfire platform

December 9, 2025 RFP opening / Vendor proposal due date at 2:00 pm CST

January 29, 2026 Tentative AISD Board meeting for review/approval

AISD anticipates following the timetable listed below for this proposal: The timetable is only an estimate and actual dates may vary.

Issue By:

Joycie Adeyemi Director of Contracts & Procurement Services

Phone: 512-414-2160 Email: joycie.adeyemi@austinisd.org

URL: http://austinisd.bonfirehub.com/portal/

To ensure a fair and transparent solicitation process and the integrity of submissions:

∙ Proposals received after the specified due date and time shall not be considered.

∙ Proposals must be submitted in the specified format and all Required Forms must be signed and submitted with response.

∙ Question and Answer Protocol: Proposers seeking clarification or have questions pertaining to this

RFP must submit questions in writing through the AISD Bonfire Portal no later than the date and time shown above.

∙ Questions & Answers and all Addenda will be posted on the AISD Bonfire Portal:

https://austinisd.bonfirehub.com/portal/

This solicitation is a request for proposals for services under Texas Education Code 44.031.

mailto:ajoycie@gmail.com mailto:joycie.adeyemi@austinisd.org http://austinisd.bonfirehub.com/portal/ https://austinisd.bonfirehub.com/portal/

Request for Proposals 26RFP033 – AISD Food Services - Custom Walk-In Refrigeration Units (Coolers and Freezers) at Multiple Locations

Checklist and Submission Guidelines This checklist is provided to help you conform to all form/document requirements stipulated in this solicitation and attached herein. This is not a required form and it is not necessary to return this checklist with your proposal.

I. Understanding the Proposal

Completed

□ Read entire RFP document, appendices and attachments

□ Review AISD Policy and Provisions (available on the AISD website)

□ Attend pre-proposal conference (optional)

□ Submit questions properly before deadline

□ Review addenda, Q&A and other additional attachments

□ Review Proposal Format section of RFP

II. Forms

Completed

□ Bid Certification

□ Notification of Criminal History of Contractor

□ Debarment, Suspension and Ineligibility Certification

□ Conflict of Interest Questionnaire (CIQ) – electronic submission

□ Edgar Certifications Addendum for Contract Funded by U.S. Federal Grant

□ Software Vendor Certification Form (if product/service is digital or online)

□ Form W-9 Request for Taxpayer Identification Number and Certification

III. Submitting the Proposal

Completed

□ Prepare the proposal in the format specified and sign all required forms

□ Submit RFP through the AISD Bonfire Portal no later than the due date and time.

Request for Proposals 26RFP033 – AISD Food Services - Custom Walk-In Refrigeration Units (Coolers and Freezers) at Multiple Locations

Table of Contents

Section I

Section II

Section III

Section IV

Section V

Section VI

Section VII

Introduction

Historically Underutilized Business (HUB)

Program Requirement

Proposal Format

Initial Review of Proposals

Competitive Selection / Evaluation

Scope of Service and Performance

Requirements

Appendices and Attachments

Request for Proposals 26RFP033 – AISD Food Services - Custom Walk-In Refrigeration Units

I. INTRODUCTION

The Austin Independent School District (herein after referred to as “AISD” or the “district”) is seeking proposals from qualified vendors to provide Custom Walk-In Refrigeration Units (Coolers and Freezers) at Multiple Locations.

Proposers may make written inquiries through the AISD Bonfire Portal concerning this solicitation to obtain clarification of the proposal requirements. Inquiries shall be submitted no later than the time and date specified on the cover page. Questions received by this deadline, and corresponding answers, will be included in an Addendum. All addenda will be posted in the AISD Bonfire Portal.

Each Bidder, by submitting its proposal, agrees that the proposal is subject to the Austin ISD Policies and Provisions and agrees to comply with those conditions. Acceptance of a proposal will occur only when a contract is executed. Any contract will incorporate the Austin ISD Policies and Provisions and Standard Terms and Conditions and no commitment exists until a contract is executed by both parties.

Austin ISD is subject to the Texas Public Information Act. All documents submitted as part of the Contractor’s Proposal response will be deemed confidential during the evaluation process, and will not be available for review by anyone other than Austin ISD staff or its designated agents.

Following an award of contract or termination of the procurement, Proposals may be subject to release as public information. If a Proposer believes that its Proposal response, or parts of it, may be exempted from disclosure under Texas law, the Proposer clearly must specify page-by-page and/or line-by-line the parts of the Proposal response which it believes are confidential or otherwise exempt. Austin ISD assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Proposers.

II. EOO (formerly HUB) REQUIREMENTS

The HUB Program promotes and strongly encourages the involvement and participation of Historically Underutilized Businesses in District-wide procurements. According to AISD policies CH (LOCAL) and CV (LOCAL), the HUB Program guidelines are not applicable for this type procurement.

III. PROPOSAL FORMAT

A. Preface

The vendor/contractor shall provide an executive summary of two (2) pages or less, which gives in brief, concise terms, a summation of the proposal.

B. Proposal

The vendor/contactor’s proposal itself shall be organized in the following format and informational sequence:

Section I – Summary of Experience

This section shall contain the full name and address of the vendor/contractor submitting the proposal and a brief summary of the vendor/contractor’s experience and individual experience for personnel who will provide this product or service.

Section II - Scope of Service

A description of services and capabilities as outlined in the Scope of Service and Performance Requirements sections of this RFP, in the order shown. Clearly state any exceptions taken to the specifications of this RFP, or any conditions of the proposal.

Section III - Financial Proposal

This section shall contain a straightforward, concise delineation of the vendor/contractor’s fees to satisfy the requirements of this RFP. It is the vendor/contractor’s responsibility to specify all costs (i.e. administrative fees, processing fees, etc.) associated with providing the products or services required herein.

Section IV – References

References are to be from government agencies and/or firms, which are substantially serviced by the vendor (references most similar to Austin ISD should be provided). Each reference must contain the reference’s name, address, telephone number, and point of contact (including email address). A list of at least three (3) references from current customers must be provided.

C. Required Forms

Forms are required to be completed and submitted with proposal response. Bidders shall execute the following required forms. Links are provided for the CIQ and the W-9 below. All other forms can be found in the AISD Bonfire Portal for download.

● Bid Certification

● Notification of Criminal History of Contractor

● Debarment, Suspension and Ineligibility Certification

● EDGAR Vendor Certification

● Form W-9 Request for Taxpayer ID Number and Certification

(available at www.irs.gov)

● Conflict of Interest Questionnaire (CIQ). The CIQ is prepared by the

Texas Ethics Commission, in compliance with Chapter 176 of the Texas Local Government Code. The form should be submitted on-line at: https://www.austinisd.org/cp/ciq-online

The District reserves the right to tender its own contract which shall incorporate the requirements of this RFP and the successful Proposer’s response. A preview / reference only copy of AISD’s Agreement is posted on the AISD website and should not be submitted with proposals.

IV. INITIAL REVIEW OF PROPOSALS

Any vendor/contractor determined non-responsible or any proposal determined non-responsive will not be evaluated further. The vendor/contractor will be notified of a non-responsible or non-responsive determination.

Responsive In order for a proposal to be responsive:

● ALL required forms listed above shall be signed and included with proposal;

● Proposal shall be received prior to the RFP opening date at the address listed on the cover page;

● Proposal shall respond to the entire scope of service and performance requirements as requested.

Responsible In order for a proposal to be responsible, the vendor/contractor shall be in good financial standing with the Texas Comptroller of Public Accounts.

V. COMPETITIVE SELECTION / EVALUATION

A. This is a NEGOTIATED procurement and as such, award will not necessarily be made to the offeror submitting the lowest priced proposal.

Award will be made to the firm submitting the best responsive proposal satisfying AISD’s requirements, price and other factors considered.

Consistent with state law and district policy, this RFP does not commit the district to award a contract. The district reserves the right to accept or reject any or all proposals and/or award in whole or in part any proposal if the district determines it is in the best interest of the district to do so. The district also reserves the right to waive any minor informalities in order to take the action which it deems to be in the best interest of the district.

http://www.irs.gov https://www.austinisd.org/cp/ciq-online

B. The district anticipates that the evaluation process may include multiple levels of evaluation, as for example, but not limited to:

Phase 1: Initial review of the proposal by the district’s evaluation team.

PHASE 1

Points Item Detailed Description

Points

Proposed Plan

The adequacy and completeness of the plan offered addressing the Scope of Service.

Points

Contractor's Capabilities

The demonstrated ability of the vendor/contractor to provide services, including references.

Points

Proposed Products

Quality of items as well as their ability to meet specifications and sustainability requirements and preferences.

Points

Financial Proposal

Start-up costs, fixed product costs as well as rebate incentives to determine best value.

C. The committee evaluating the proposals submitted in response to this

RFP may require any or all contractors to give an oral presentation in order to clarify or elaborate on their proposal as well as to provide a demonstration. Upon completion of oral presentations or discussions, contractors may be requested to revise any or all portions of their proposals and submit a best and final offer (BAFO) for consideration.

D. If the district determines that additional evaluation steps are required to determine the best value between Vendors/Contractors, the district reserves the right to consider any or all of the following additional criteria;

the proposed price, vendor/contractor’s experience, references and record for responsibility, or any other relevant factor that the district deems necessary to determine best value.

VI. SCOPE OF SERVICE AND PERFORMANCE REQUIREMENTS

The Austin Independent School District (AISD), hereafter referred to as District, desires to select a vendor on the basis of Request for Proposal (RFP). Austin ISD is soliciting proposals from qualified vendors to provide and install walk-in coolers and freezers at designated district facilities. The intent of this solicitation is to enhance Food Service efficiency, strengthen food safety practices, and ensure compliance with applicable regulatory standards through the installation of high-quality, factory-built refrigeration units.

This solicitation complies with applicable AISD Policy and state of Texas law, including Texas Government Code Title 10, Subtitle D, Chapter 2269. The District will select the successful Proposer that offers the best value to AISD based on the published Evaluation Criteria and on its final ranking. Proposals are to be valid for the District’s acceptance for 120 calendar days from the Proposal due date to allow time for evaluation, selection, and any unforeseen delays.

Below is a summary of information related to this Solicitation. Proposers are cautioned to refer to all other sections of the Solicitation Documents, Clarifications and/or Addenda for further details. District is requesting Proposals for furnishing all labor, materials, equipment, supervision, incidentals and performing all Work required for the following Project.

Project Overview

The awarded vendor shall provide turnkey services, including equipment supply, delivery, installation, testing, commissioning, and all required documentation. The walk-in units will support secure cold storage, improve operational workflow, and maintain strict temperature controls for perishable items.

3. Vendor Responsibilities

The awarded vendor shall, at minimum, perform the following:

3.1 Equipment Supply

● Furnish new walk-in cooler and/or freezer units in accordance with district specifications.

● Equipment must be factory-installed and assembled to ensure optimal quality control.

● Units shall meet required performance standards for insulation, energy efficiency, refrigeration capacity, and durability.

3.2 Delivery & Installation

● Deliver all equipment to the site(s) identified by the district.

● Provide complete installation services, including assembly, refrigeration system installation, electrical connections, sealing, anchoring, and integration of all components.

● Coordinate with district facilities staff for site access, scheduling, and utility requirements.

● Remove and dispose of all packing materials and installation debris in accordance with local regulations.

3.3 Compliance & Regulatory Requirements

● All equipment and components must meet NSF (National Sanitation Foundation) and UL (Underwriters Laboratories) standards.

● Installation shall comply with all applicable local, state, and federal codes, including mechanical, electrical, health, and building safety requirements.

● Vendor must provide documentation verifying compliance, including certifications, manuals, and warranty information.

3.4 Testing, Commissioning, and Training

● Perform full system start-up, testing, and temperature verification to ensure operational readiness.

● Address any deficiencies identified during testing prior to project completion.

● Provide training to district personnel on system operation, routine maintenance, and troubleshooting.

3.5 Close-Out Deliverables

Vendor shall provide the following upon project completion:

● Final inspection and walk-through with district representatives

● Operating manuals and maintenance instructions

● Warranty documents

● Proof of compliance with all applicable regulatory standards

● Completion and commissioning reports

4. Expected Outcomes

● Expanded and efficient cold-storage capacity for Food Service operations

● Improved food safety and product integrity through consistent temperature control

● Reduced operational downtime and enhanced reliability

● Fully compliant installations that meet NSF, UL, and all regulatory standards

PERFORMANCE REQUIREMENTS

A. Criminal History Background Checks

Vendor/Contractor is directly responsible to obtain all required criminal history record information through the Texas Department of Public Safety’s Fingerprint-based Applicant Clearinghouse of Texas (“FACT”). The cost of the background checks is the responsibility of the Vendor/Contractor. Vendor/Contractor must ensure that there is no criminal history record that would prevent the Vendor/Contractor or its employees from working in the District’s facilities. Vendor/Contractor must ensure that national criminal history record certification is filed with the District. Vendor/Contractors can only be present at district campuses or may provide online services once the criminal history process (including forms and fingerprinting) has been properly completed and approved.

For more information, please refer to AISD District Policy CJA (REGULATION) and CJA

(LEGAL).

B. Insurance Requirements

The Contractor shall provide proof and maintain the following insurance coverage applicable to liability which could be incurred in conjunction with its employees providing of services to the district:

The Contractor is required to carry the following insurance coverages:

● General Liability (minimum limit of $1,000,000 per occurrence and $2,000,000 aggregate). This policy should cover injury of a participant and include the following provisions: waiver of subrogation, endorsement to provide Austin ISD as additional insurance, and notice of cancellation.

● Full Malpractice Coverage: professional liability coverage at a minimum limit of $1,000,000 to pay on behalf of the assured all sums which the assured shall become legally obligated to pay as damages by reason of any negligent act, error, or omission arising out of the performance of professional services under a contract. Professionals required to be licensed or registered by the state. Examples: architecture, landscape architecture, land surveying, medicine, nursing, engineer, optometry, real estate appraising.

● Workers’ Compensation: coverage should be consistent with statutory benefits outline in the Texas Worker’s Compensation Act Section 401. The minimum policy limits for Employer’s Liability are $500,000 bodily injury each accident, $500,000 bodily injury by disease policy limit, and $500,000 bodily injury by disease each employee. The company’s policy shall apply to the State of Texas and include a waiver of subrogation in favor of Austin ISD.

A current, industry-standard ACORD Certificate of Insurance (COI) for each of the above policies shall be delivered to the AISD before any work is started. Certificates shall be sent to the AISD Contract & Procurement Services office at each change or renewal during the term of the contract.

C. Award Terms and Conditions

1. Contract Term: The agreement(s) resulting from this solicitation will be in effect for an initial term of one (1) year from the date of award by the Board of Trustees, or such date established by the agreement. The parties by mutual content may renew the agreement for up to one (1) additional one (1) year period. In addition, the district reserves the right to extend the contract for an additional time beyond the final expiration date if necessary to ensure no lapse in service.

2. The agreement(s) resulting from this solicitation will be in effect for an initial term of one

(1) year from the date of award by the Board of Trustees, or such date established by the agreement. The parties by mutual content may renew the agreement for up to one (1) additional one (1) year period. In addition, the district reserves the right to extend the contract for an additional time beyond the final expiration date if necessary to ensure no lapse in service.

3. The District reserves the right to award one or more contracts, in part or in whole, to a single or multiple prospective vendors or proposers. The decision to award multiple contracts, award only one contract, or to make no awards, rests solely with the district. It is the intent of this district to award a single contract for this RFP to a participating proposer.

4. There are multiple steps required for AISD to award and execute agreements issued pursuant to this RFP. Important information and general action steps pertaining to the post-RFP/post-award process is included below.

● Any agreement resulting from this solicitation is contingent upon the continued availability of appropriations and is subject to cancellation, without penalty, either in whole or in part, if funds are not appropriated by the AISD Board of Trustees or otherwise not made available to the District.

● Any agreement issued as a result of this RFP does not guarantee any minimum amount of service or payment. A Service Agreement with AISD will not be issued unless requested by campuses and/or department initiates a request for services. A provider shall not perform services for AISD without a fully executed agreement and the issuance of a Purchase Order.

● A provider will be compensated by AISD for services actually performed and satisfactorily rendered in accordance with contract requirements. A sample of AISD’s Service Agreement is available on our website for your review only but should not be submitted with your proposal.

● Payment will be made according to the District Comptroller’s published Accounts

Payable schedule. Typically, payment is net 30 days after receipt of accurate and verifiable invoice. Service rates per hour charged should be reasonable and customary.

Mileage and travel expenses will not be reimbursed by AISD.

● The District reserves the right to terminate all or any part of the undelivered portion any order resulting from this solicitation with thirty (30) days written notice; upon default by the vendor, for delay or non-performance by the Vendor, or, if it is deemed in the best interest of the District, for convenience.

● Recommended vendors will receive a Notice of Award. If a Service Agreement is issued, the vendor will receive the document via email for electronic signature using the DocuSign routing system. Once complete, vendors will receive a fully-executed copy of the service agreement via email. Non-awarded vendors will receive a “Notice of Non-Award” via email.

● Upon approval, vendors will receive a Purchase Order (PO) and this is the notice to proceed to begin services. Under no circumstance should vendors begin to provide services to the district without a valid Purchase Order. AISD is not responsible for payment for unauthorized services rendered in advance of a valid PO being issued.

● Conflict of Interest – Employment Restrictions

Any person who has been employed as a full-time employee of the District may not perform services for the District for compensation as a vendor or consultant or on behalf of a vendor or consultant for 18 months after the termination of the person’s employment relationship with the District. This restriction does not apply to former employees who are hired as classroom teachers, campus-based professional employees, or campus principals. AISD Policy DBD (LOCAL).

D. Safety

Vendors, its subcontractors, and their respective employees shall comply fully with all applicable federal, state, and local safety and health laws, ordinances, rules and regulations in the performance of services under this Agreement, including, without limitation, those promulgated by the district and by the Occupational Safety and Health Administration (“OSHA”). All items must meet all applicable OSHA standards and regulations and all electrical items must bear the appropriate listing from UL, FMRC or NEMA. In case of conflict, the most stringent safety requirements shall govern. Vendor shall comply with all other safety guidelines and standards as required by the district, including Current Good Manufacturing Practices (cGMP’s), Vendor shall indemnify and hold the district, harmless from all claims, demands, suits, actions, judgements, fines,penalties, and liability of every kind arising from the breach of Vendor’s obligations under this provision.

E. Minimum Qualifications

Before a contract pursuant to the RFP is executed, the selected Firm must hold all applicable business and professional licenses, permits, etc. the school district may require any or all Service Providers to submit evidence of proper licensure.

F. Invoices, Credits, & Payment Terms

Invoice(s) shall be directed to the Food Service Accounts Payable team via email to foodservicesaccountspayable@austinisd.org OR mail to Central Warehouse, ATTN:

Food Services AP, 3701 Woodbury Dr., Austin, TX 78704. Invoice must reflect the financial proposal submitted in response. The awarded vendor(s) shall submit invoices in a timely manner during the district's fiscal year in which good(s) and/or service(s) are purchased.

Invoices shall include the following information:

i. Invoices shall indicate the purchase order number.

ii. All invoices shall be itemized to include a description of each good(s) and/or service(s) rendered.

iii. Quantity, unit and price of each item must be shown and reflect the awarded price unless otherwise approved. All prices should be extended to on the invoice.

iv. Total all extensions on the invoice.

v. Shipment date of merchandise must be shown on the invoice.

vi. Payment shall not be due until the above instruments are submitted after delivery.

vii.Vendors should keep the Accounts Payable department advised of any changes to remittance addresses.

viii.Do not include Federal Excise, State or City sales Tax. The district will provide a tax exemption certificate, if required.

ix. Each invoice will be verified by the Food Service procurement and AP team (Central Warehouse deliveries) for accuracy. If the invoice does not reflect the physical delivery or agreed upon price the awarded vendor(s) shall provide a revised invoice to the requestor.

Credit(s) shall be directed to the Food Services Accounts Payable team via email. The district will only pay for items received by the warehouse staff. If an item is ordered and not received or an item was damaged upon delivery, it is preferred that a revised invoice be sent in place of a credit memo.

In addition, provide sufficient information regarding your credit process for the following scenarios in the proposal.

● If an item is ordered but not received

● If an item is delivered but was not ordered

● If an item is delivered damaged

Payment Terms: No payment shall be made prior to the completion of the project.

Payments are due within thirty (30) days after the following occur.

● The district receives the good(s)/service(s) under the Agreement

● The district receivers confirm good(s)/service(s) received

● Food Service Accounts Payable team receives a TRUE invoice. A true invoice correctly reflects the shipment (quantity and price is correct). Net thirty (30) will not begin until the district’s designee (Food Service AP) receives the true invoice.

G. Financial Proposal

All prices in Vendor’s proposal should remain firm, fixed price for the Term of the Agreement. Cost plus a percentage of cost quotations are unallowable per Federal guidelines. Proposal price must be submitted on a unit of quantity specified and extended to show total.

In the event of discrepancies in extension, unit price will govern. Under no circumstances will “cost plus percentage cost” method of pricing be permitted under this Agreement, as such is prohibited by USDA regulations. Proposer shall not include sales tax with any pricing. The district is exempt from Federal Excise Tax, State Tax, and Local Tax. Tax exemption certificates will be furnished upon request.

H. Management of Contract

The Contract manager, point of contact on cover page, will monitor the timeline and follow up on the status of the serving line to ensure completion dates are met.

I. Termination of Contract

This Agreement shall remain in effect until (1) the Agreement expires by its terms or (2) the Agreement is terminated by mutual agreement of the district and Vendor. The district reserves the right to terminate the Agreement immediately in the event the Vendor fails to:

1) Meet schedules, deadlines and/or delivery dates within the time specified in this Agreement, the procurement solicitation and/or a purchase or work order;

2) Otherwise perform in accordance with this Agreement and/or the procurement solicitation The district also reserves the right to terminate the Agreement immediately, with written notice to Vendor, the district believes, in its sole discretion, that it is in the best interest of the district to do so. Vendor agrees that the district shall not be liable for damages in the event that the district declares Vendor to be in default or breach of this Agreement and/or the procurement solicitation. Vendor further agrees that upon termination of the Agreement for any reason, Vendor shall, in good faith and with reasonable cooperation, aid in the transition to any new arrangement and/or Vendor.

J. Other Terms & Conditions

a. Clarifications

The district may request clarification from Vendor(s) for eliminating minor errors, clerical errors, and/or non-substantive irregularities. Clarification does not give a Vendor the opportunity to revise, change or modify its proposal in any way except to the extent of correction of the error. Discussion between the Food Service Procurement (the district) and Vendor can also take place after the initial receipt of proposals. The district reserves the right to conduct discussions with all, some or none of the Vendors submitting proposals. The district will not assist the Vendor in the completion, revision or modification of its proposal.

b. Tax Exempt

The District shall not pay taxes for goods and/or services provided under this Agreement.

Vendor represents and warrants that it shall pay all taxes or similar amounts resulting from this Agreement, including, without limitation, any federal, state, or local income, sales or excise taxes of Vendor or its employees. The District shall not be liable for any taxes resulting from this Agreement. Taxes must not be included in the proposal. Tax exemption certificates will be furnished by the district upon request.

c. Compliance with Laws

Vendors shall comply with all federal, state and local laws, statutes, ordinances, rules, and regulations, including, if applicable, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, prompt payment and licensing laws and regulations. For the entire duration of this contract/agreement, Vendor shall maintain all required licenses, certifications, permits, and any other documentation necessary to perform this Agreement.

When required or requested by the district, the Vendor shall furnish the district with satisfactory proof of Vendor’s compliance with this provision.

d. Right to Remedy

If districts have to acquire an alternate like product due to Manufacturer/Vendor inability to provide sufficient quantities to the designated destination (direct ship or distributor) the district has the Right to Remedy by charging the difference of the alternate item to the Manufacturer/Vendor. Manufacturer/Vendor shall pay each district affected directly for all documented purchases due to Manufacturer’s/Vendor shortages. Exception to this clause is only allowed for Force Majeure and/or other documented circumstances outside of the Manufacturer/Vendor direct control. The district may seek state guidance on the Right to Remedy.

e. Force Majeure

The term Force Majeure as employed herein, shall mean acts of God, strikes, lockout, or other industrial disturbances, network failures, energy crisis, fires, transportation contingencies, interruptions in third-party telecommunications or Internet equipment or service, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, arrests, restraint of government and people, civil disturbances, explosions, acts of war, other catastrophes, or any other occurrences which are reasonably beyond such party’s control. The parties to this Agreement are required to use due caution and preventative measures to protect against the effects of force majeure, and the burden of proving that a force majeure event has occurred shall rest on the party seeking relief under this provision. The party seeking relief due to force majeure is required to promptly notify the other party in writing, citing the details of the force majeure event and relief sought, and shall resume performance immediately after the obstacles to performance caused by a force majeure event have been removed, provided the Agreement has not been terminated. Delay or failure of performance, by either party to this Agreement, caused solely by a force majeure event, shall be excused for the period of delay caused solely by the force majeure event. Neither party shall have any claim for damages against the other resulting from delays caused solely by force majeure. Notwithstanding any other provision of this Agreement, in the event the Vendor’s performance is delayed or stopped by a force majeure event, the district shall have the option to terminate this Agreement. This section shall not be interpreted as to limit or otherwise modify any of the districts, contractual, legal, or equitable rights.

f. Property

In the event of loss, damage, or destruction of any property owned by or loaned by the district, that is caused by Vendor or Vendor’s representative, agent, employee or contractor, Vendor shall indemnify the district, and pay to the district, the full value of or the full cost of repair or replacement of such property, whichever is greater, within thirty

(30) days of the Vendor’s receipt of written notice of the district, determination of the amount due. If Vendor fails to make timely payment, the district may obtain such money from Vendor by any means permitted by law, including, without limitation, offset or counterclaim against any money otherwise due to Vendor by the district.

g. Indemnification

To the fullest extent authorized by law, the Vendor agrees at all times to defend, indemnify and hold harmless the district, its board of directors, officers, employees, and agents any and all claims for damages or injuries and other losses, liabilities, costs, suits of law or in equity, expenses, attorneys’ fees, fines, penalties, or damages arising from the acts or omissions of Vendor, Vendor’s officials, employees, agents, subcontractors, or volunteers in connection with this Agreement, including, without limitation, those arising from claimed infringement of any patents, trademarks, copyright or other corresponding right(s) which is related to any item vendor is required to deliver. Vendor’s obligations under this clause shall survive acceptance and payment by the district. The district shall not indemnify and hold harmless the Vendor and its agents or employees.

h. Protest

Refer Refer to Policy CH-LOCAL (see Checklist and Submission Guidelines, page 3 – Policy and Instructions link)

i. Records Retention

Vendor shall maintain its records and accounts in a manner that shall assure a full accounting for all goods and/or services provided by Vendor to the District under this Agreement. These records and accounts shall be retained by Vendor and made available for audit by the District, for a period of not less than five (5) years from the date of completion of the services, receipt of goods, or the date of the receipt by the District of Vendor’s final invoice or claim for payment in connection with this Agreement, whichever is later. If an audit has been announced, Vendor shall retain its records and accounts until such audit has been completed.

j. Deviations and Exceptions

All proposals must include a detailed statement of exception taken to any part of the request.

k. Civil Rights/Discrimination

It is the policy of the district not to discriminate on the basis of race, color, national origin, gender, limited English proficiency or handicapping conditions in its programs. Vendor agrees not to discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions, and privileges of employment, or a matter directly or indirectly related to employment, because of age (except where based on a bona fide occupational qualification) or race, color, religion, national origin, or ancestry.

Vendor further agrees that every subcontractor entered into for the performance of this Agreement shall contain a provision requiring non-discrimination in employment herein specified, binding upon each subcontractor. Breach of this covenant may be regarded as a material breach of the Agreement. Title VI of the Education Amendments of 1972;

Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title 7 CFR Parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS Instruction 113-1, Civil Rights Compliance and Enforcement – Nutrition Program Activities:

Applicable to contracts using Federal funds - Prohibits the discrimination to all eligible program participants on a basis of age, color, disability, national origin, race, and gender.

l. Errors and Omissions

Due care and diligence have been used in the preparation of the specifications and information contained in the solicitation and is believed to be sustainably correct.

However, the responsibility for determining the full extent of the exposure and the verification of all information presented herein shall rest solely on the respondent. The district will not be responsible for any errors and omissions in the specifications nor the failure on the part of the Vendor to determine the full extent of the conditions, requirements and specifications before submitting a proposal. Failure to do so will be at the Vendor’s own risk and Vendor cannot secure relief on the plea of error. Neither law nor regulation make allowance for errors of omission or commission of the part of the Vendor.

VII. APPENDICES AND ATTACHMENTS

� Appendices (Documents included within this proposal are available for download with in Bonfire):

▪ Appendix 1 – Purchasing and Acquisition Vendor Relations Policy CHE-LOCAL

� Attachments:

● Exhibits A - D: AISD Food Services - Custom Walk-In Refrigeration Units (Coolers and

Freezers) Specifications

● Attachment A - Required Forms

● Attachment B - Vendor Proposal Template

● Attachment C - Reference Check Form (Completed by 3 References)

● Attachment D - Other Federal Provisions

● Attachment E - Signed Addenda

● Attachment F – Insurance Guidelines for Non-AISD Entities

4. Expected Outcomes