bidding package · 2020-06-15 · bidding package annual child nutrition commercial milk/dairy...

BIDDING PACKAGE

ANNUAL CHILD NUTRITION

COMMERCIAL MILK/DAIRY PRODUCT

BID #B2021-002

Due:

Friday, June 26, 2020

10:00 a.m.

DISTRICT OFFICE

7000 N. CENTER STREET

WINTON, CA 95388

SARAH MATHIS

DIRECTOR: FOOD SERVICES

SONYA TERRAZAS

DIRECTOR: FISCAL SERVICES

BID #B2021-0002

ANNUAL CHILD NUTRITION MILK/DAIRY BID 1

WINTON SCHOOL DISTRICT

BID #B2021-0002

ANNUAL CHILD NUTRITION MILK/DAIRY BID

2

SECTION 1 Page #

Notice Calling for Bid

4

Information for Bidders 5-10

Food Service Department Fact Sheet 11

Food Service Department Standard Operating Procedures (SOP) 12

SECTION 2 – FORMS

Non Collusion Affidavit

14

Hold Harmless 15

Certificate of Workers Compensation Insurance 16

Drug Free Workplace Certification 17-18

Form CO-007 Federal Certifications 19-20

Bid Cover Sheet 21

Bid Pricing Sheets – located on District’s webpage at:


COMMERCIAL MILK/DAIRY BID

#B2021-002

TABLE OF CONTENTS

www.winton.k12.ca.us - Under Departments/Food Services tab.

SECTION 3 – CONDITIONS OF THE CONTRACT

General Conditions 23-26


BID #B2021-0002


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SECTION I


BID #B2021-0002


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NOTICE CALLING FOR BIDS

DISTRICT: WINTON SCHOOL DISTRICT

PROJECT DESCRIPTION: BID #B2021-002


COMMERCIAL MILK/DAIRY BID

DATE/TIME SUBMITTAL

OF BID PROPOSAL DUE: Friday, June 26, 2020 – 10:00 a.m.

PLACE FOR SUBMITTAL OF

BID PROPOSAL: WINTON SCHOOL DISTRICT

DISTRICT OFFICE

7000 N. Center Street

Winton, CA 95388

BID DOCUMENTS AVAILABLE AT: WINTON SCHOOL DISTRICT

DISTRICT OFFICE

7000 N. Center Street

Winton, CA 95388

(209) 357-6585

NOTICE IS HEREBY GIVEN that the Winton School District, acting by and

through its Board of Education, hereinafter "the District" will receive up to, but not later

than the above-stated date and time, sealed Bids for the Award of a Contract for

BID #B2021-002 ANNUAL C H I L D N U T R I T I O N C O M M E R C I A L

M I L K /DAIRY BID.

All bids shall be submitted on forms furnished by the District. Bids must conform

with, and be responsive to, the Bid documents, copies of which may be obtained from

the District’s Financial Office as set forth above. Only Bids submitted to the District prior

to the date and time set forth above for the public opening and reading of Bids shall be

considered.

Bids will be opened immediately following the bid closing. The Contract, if

awarded, will be by action of the District’s Director of Fiscal Services to the responsible

Bidder submitting the lowest prices responsive to the Bid. If Alternative Bid items are

included in the bidding, the lowest Base Bid and the combination of Alternate bid items

selected in accordance with the applicable provision of the Instructions for Bidders/General

Conditions. The District reserves the right to reject any or all Bids or to waive any

irregularities or informalities in any Bid or in the bidding.

Bids shall not be withdrawn by any Bidder for a period of sixty (60) days after the

opening of Bid Proposals. During this time, all Bidders shall guarantee prices quoted in

their respective Bid Proposals.

BID #B2021-0002


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INFORMATION FOR BIDDERS

1. Preparation and Submittal of Bid. 1.1 Bid Preparation. All information required by the bid forms must be completely and

accurately provided. Partially completed Bids or Bids submitted on anything other

than the bid forms included herein will be considered non- responsive and will be

rejected. Bids not conforming to these Instructions for Bidders may be deemed non-

responsive and rejected.

1.2 Bid Submittal. Bids shall be submitted at the place designated in the Notice

Calling for Bids in sealed envelopes bearing on the outside the Bidder’s name and

address along with an identification of the Bid Package Number and Title of the

Bid Package for which the Bid is submitted. Bidders are solely responsible for timely

submission of Bids to the District at the time and place designated in the Notice

Calling for Bids.

1.3 Date and Time of Bid Submittal. The District will place a clock (“the District

Clock”) in a conspicuous location at the place designated for submittal of Bids. For

purposes of determining the time that a Bid is submitted, the District Clock shall be

controlling. The foregoing notwithstanding, whether or not Bids are opened exactly

at the time fixed in the Notice to Bidders, no Bids shall be received or considered

by the District after it has commenced the opening and reading of Bids; Bids

submitted after such time are non-responsive and will be returned to the Bidder

unopened.

2. Bid Security. [This section left blank]

3. Documents Accompanying Bid; Signatures. The Bid must be submitted with: Bid Cover

Sheet, Product Bid Sheets, the Non-Collusion Affidavit, the Hold Harmless form, Drug Free

Workplace Certification form, General Liability Certificates and Certificate of Workman’s

Compensation Insurance forms, Federal Certification form. All required forms shall be

executed by an individual duly authorized to execute the same on behalf of the Bidder.

4. Modifications. Changes to the bid forms which are not specifically called for or

permitted may result in the District’s rejection of the Bid as being non-responsive. No oral

or telephonic modification of any submitted Bid will be considered. A written modification

may be considered only if actually received by the District’s Financial Office prior to

the scheduled closing time for receipt of Bids and the public opening thereof.

5. Erasures; Inconsistent or Illegible Bids. Bids must not contain any erasures,

interlineations or other corrections unless the same are suitably authenticated by affixing in

the margin immediately opposite such erasure, interlineation or correction the surname(s)

of the person(s) signing the Bid. Any Bid not conforming to the foregoing may be deemed

by the District to be non-responsive. If any Bid or portions thereof, is determined by the

District to be illegible, ambiguous or inconsistent, whether by virtue of any erasures,

interlineations, corrections or otherwise, the District may reject such a Bid as being non-

responsive.

6. Withdrawal of Bid. Any Bidder may withdraw its Bid by written request actually received

by the District’s Fiscal Director; Sonya Terrazas ([email protected]) prior to the

scheduled closing time for the receipt of Bids and the District’s opening and reading of

Bids. A written notice of withdrawal of a submitted Bid received after the scheduled closing

time for receipt of Bids or the District’s opening and reading of Bids shall not be

considered by the District, nor effective to withdraw such Bid.

BID #B2021-0002


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7. Bidders Interested in More Than One Bid; Non-Collusion Affidavit. No person, firm,

corporation or other entity shall submit or be interested in more than one Bid for the same

Work; provided, however, that a person, firm or corporation that has submitted a sub-

proposal to a Bidder or who has quoted prices for materials to a Bidder is not thereby

disqualified from submitting a sub-proposal, quoting prices to other Bidders or submitting

a Bid to the District. The form of Non-Collusion Affidavit included in the Bid Documents

must be completed and duly executed on behalf of the Bidder; failure of a Bidder to

submit a completed and executed Non-Collusion Affidavit with its Bid will render the Bid

non-responsive.

8. Acceptance of Bids. Bid on each item separately. The District may accept from any firm a

bid on one or more items and reject the bid or bids on other items. Prices should be stated

in units specified.

9. Award of Contract. 9.1 Waiver of Irregularities or Informalities. The District reserves the right to reject

any and all Bids or to waive any irregularities or informalities in any Bid or in the

bidding.

9.2 Award to Lowest Responsive Responsible Bidder. The award of the Contract,

if made by the District through action of its Financial Office, will be to the

responsible Bidder submitting the bid(s) with the best overall value based upon

price, low or no minimum orders, site deliveries, clean labels (i.e. minimal

processed and short ingredient list with no preservatives, stabilizers, HFCS, or dyes),

and geographic preference. In accordance with Nutrition Services Division

Management Bulletin CNP-01-2015 incentives will not be considered or accepted.

Examples of incentives include, but are not limited to: extra goods or services

that were not solicited; gifts (such as free merchandise, event tickets, gift

cards, etc.) money for scholarships, cash; or points that can be redeemed for

merchandise.

It is the intent of the District to select more than one qualified company for this milk

and supply product bid by product, price and delivery availability as number one,

second lowest bid price as number two, etc. Orders shall be first made to the lowest

bidder ranked number one and to other named bidders in rank order if and when the

preceding low bidder is unable to supply specified milk or products. Awards will be

made on unit, group, or total quote basis, whichever is more advantageous to

Winton School District, unless otherwise specified. Winton School District reserves

the right to split and/or grant partial awards of the product bid, unless the

Bidder/Vendor indicates "all or none". Vendors receiving award must provide

updated nutrition specifications on all line items including future new product within

30 days.

Disclaimer: Due to strict calorie and sodium targets that must be met within the

Child Nutrition Programs, the District reserves the right to choose an item based

on lowest calorie and/or sodium content when the competing prices are within

$1.00/case from each other. All accepted products require a Child Nutrition (CN)

label or an authorized Product Formulation Statement with signature within 10 days

of award of bid.

When applicable the California Department of Health Services’ Food and Drug

Branch registration is to be submitted within 10 days of award of bid.

BID #B2021-0002


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9.3 Responsive Bid. A responsive Bid shall mean a Bid which conforms, in all material

respects, to the Bid and Contract Documents.

9.4 Responsible Bidder. A responsible Bidder is a Bidder who has the capability in all

respects, to perform fully the requirements of the Contract Documents and the

moral and business integrity and reliability which will assure good faith

performance.

10. Subcontractors. [This section left blank]

11. Workers’ Compensation Insurance. Pursuant to California Labor Code §3700, the

successful Bidder shall secure Workers’ Compensation Insurance for its employees engaged

in the Work of the Contract. The successful bidder shall sign and deliver to the District the

following certificate prior to performing any of the Work under the Contract:

“I am aware of the provisions of §3700 of the California Labor Code which require

every employer to be insured against liability for worker’s compensation or to

undertake self-insurance in accordance with the provisions of that Code and

I will comply with such provisions before commencing the performance of the

Work of the Contract.”

The form of such Certificate is included as part of the Contract Documents. Waiver of

subrogation to be part of this coverage – only applies if contractor has employees.

12. General Liability Insurance. General Liability with a limit of not less than $1,000,000.00

per occurrence is required. (The District reserves the right to increase the minimum

insurance requirements upon the recommendation of the District’s insurance

broker/representative).The Certificates of Insurance and the insurance policies required by

the Contract Documents shall contain a provision that coverage’s afforded under

such policies will not be canceled or allowed to expire until at least thirty (30) days prior

written notice has been given to the District. The insurance policies required hereunder shall

also name the District as additional insured’s. List the “additional Insured” as follows:

Winton School District, its Governing Board, its Officers, its Agents, and its Employees.

Should any policy of insurance be canceled before June 30, 2020 and the Vendor fails to

immediately procure replacement insurance as required, the District reserves the right to

cancel the balance of the contract.

13. Anti-Discrimination. It is the policy of the District that there is no discrimination

against any prospective or active employee engaged in the Work because of race, color,

ancestry, national origin, religious creed, sex, age or marital status. All Bidders agree to

comply with the District’s anti-discrimination policy and all applicable Federal and

California anti-discrimination laws including but not limited to the California Fair

Employment & Housing Act beginning with California Government Code §§12940 et seq.

and California Labor Code §1735. In addition, all Bidders agree to require like

compliance by any Subcontractor employed by them on the Work of the Contract.

14. In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA)

civil rights regulations and policies, the USDA, its agencies, offices, and employees, and

institutions participating in or administering USDA programs are prohibited from

discriminating based on race, color, national origin, sex, disability, age, or reprisal or

retaliation for prior civil rights activity in any program or activity conducted or funded

by USDA.

Persons with disabilities who require alternative means of communication for program

information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should

contact the Agency (State or local) where they applied for benefits. Individuals who are

deaf, hard of hearing or have speech disabilities may contact USDA through the Federal

BID #B2021-0002


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Relay Service at (800) 877-8339. Additionally, program information may be made available

in languages other than English.

To file a program complaint of discrimination, complete the following form

USDA Program Discrimination Complaint Form, (AD-3027) found online at:

http://www.ascr.usda.gov/complaint_filing_cust.html, and at any USDA office, or write a letter

addressed to USDA and provide in the letter all of the information requested in the form.

To request a copy of the complaint form, call (866) 632-9992. Submit your completed form

or letter to USDA by:

(1) Mail: U.S. Department of Agriculture

Office of the Assistant Secretary for Civil Rights

1400 Independence Avenue, SW

Washington, D.C. 20250-9410;

(2) Fax: (202) 690-7442; or

(3) Email: [email protected].

This institution is an equal opportunity provider.

15. Public Records. Bids and other documents responding to the Notice to Bidders become

the exclusive property of the District upon submittal to the District. At such time as the

District issues the Notice of Award the Contract pursuant to these Instructions For Bidders,

all Bids and other documents submitted in response to the Notice to Bidders become a

matter of public record and shall thereupon be considered public records, except for

information contained in such Bids deemed to be Trade Secrets (as defined in California

Civil Code §3426.1). A Bidder that indiscriminately marks all or most of its Bid as exempt

from disclosure as a public record, whether by the notations of “Trade Secret,”

“Confidential,” “Proprietary,” or otherwise, may render the Bid non- responsive and

rejected. The District is not liable or responsible for the disclosure of such records, including

those exempt from disclosure if disclosure is deemed required by law, by an order of

Court, or which occurs through inadvertence, mistake or negligence on the part of the

District or its officers, employees or agents. At such time as Bids are deemed a matter of

public record, pursuant to the above, any Bidder or other party shall be afforded access for

inspection and/or copying of such Bids, by request made to the District in conformity with

the California Access to Public Records Act, California Government Code §§6250,

et. seq. If the District is required to defend or otherwise respond to any action or

proceeding wherein request is made for the disclosure of the contents of any portion of

a Bid deemed exempt from disclosure hereunder, the Bidder submitting the materials

sought by such action or proceeding agrees to defend, indemnify and hold harmless the

District in any action or proceeding from and against any liability, including without

limitation attorneys’ fees arising therefrom. The party submitting materials sought by any

other party shall be solely responsible for the cost and defense in any action or

proceeding seeking to complete a disclosure of such materials; the District’s sole

involvement in any such action shall be that of a stakeholder, retaining the requested

materials until otherwise ordered by a court of competent jurisdiction.

16. Drug Free Workplace Certificate. In accordance with California Government Code

§§8350 et seq., the Drug Free Workplace Act of 1990, the successful Bidder will be required

to execute a Drug Free Workplace Certificate concurrently with execution of the Agreement.

The successful Bidder will be required to implement and take the affirmative measures

outlined in the Drug Free Workplace Certificate and in California Government Code §§8350

et seq. Failure of the successful Bidder to comply with the measures outlined in the Drug

Free Workplace Certificate and in California Government Code §§8350 et seq. may result

in penalties, including without limitation, the termination of the Agreement, the suspension

http://www.ascr.usda.gov/complaint_filing_cust.html

mailto:[email protected]

BID #B2021-0002


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of any payment of the Contract Price otherwise due under the Contract Documents and/or

debarment of the successful Bidder.

17. Notice of Intent to Award Contract. Following the opening and reading of Bids, the

District will issue a Notice of Intent to Award the Contract, identifying the Bidder to whom

the District intends to award the Contract.

18. Bid Protest. Any actual or prospective bidder may protest a bid award if he/she

believes the award is not in compliance with the law, does not follow bid procedures, or

does not meet bid specifications. A protest must be filed with the Director of Fiscal Services.

Such protests must be made in writing and received by the Director of Fiscal Services

within five working days of bid award date and shall include all documents supporting or

justifying the protest. The protesting party must mail or deliver copies of the protest to the

district. A bidder’s failure to file the protest documents in a timely manner shall constitute

a waiver of his/her right to protest the award of the contract.

A. In the event of a timely protest, the District shall not proceed further with the solicitation

or award of the contract until the protest is resolved.

B. The Director of Fiscal Services shall review the documents submitted with the bidder’s

claims and render a decision in writing within 30 working days. The Director of Fiscal

Services may also convene a meeting with the bidder in order to attempt to resolve the

problem.

C. If the bidder is not satisfied with the Director of Fiscal Service’s decision, the bidder may

appeal to the District’s Board. The District shall provide notice to the bidder the date and

time for the Board consideration of the protest at least three business days before the Board

meeting. The Board’s decision shall be final.

D. A Formal protest must be sworn and contain:

1. A specific identification of the statutory or regulatory provision that the protesting

party alleges has been violated.

2. A specific description of each action by the district that the protesting party alleges to

be a violation of the statutory or regulatory provision that the protesting party has

identified.

3. A precise statement of the relevant facts.

4. A statement of any issues of law or fact that the protesting party contends must be

resolved.

5. A statement of the argument and authorities that the protesting party offers in support of

the protest.

6. A statement that copies of the protest have been mailed or delivered to the Director of

Fiscal Services and all other identifiable interested parties.

E. The district may settle and resolve the dispute over the solicitation or award of a contract at

any time before the matter is submitted on appeal. The district may solicit written responses

to the protest from other interested parties.

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F. If the protest is not resolved by mutual agreement, the district shall issue a written

determination that resolves the protest.

1. If the district determines that no violation of statutory or regulatory provisions has

occurred, then the district shall inform the protesting party and other interested parties

by letter that sets forth the reasons for the determination.

2. If the district determines that a violation of any statutory or regulatory provisions has

occurred in a situation in which a contract has not been awarded, then the district shall

inform the protesting party and other interested parties of that determination by letter

that details the reasons for the determination and the appropriate remedy.

3. If the district determines that a violation of any statutory or regulatory provisions has

occurred in a situation in which a contract has been awarded, then the district shall

inform the protesting party and other interested parties of that determination by letter

that details the reasons for the determination. This letter may include an order that

declares the contract void.

G. The district shall maintain all documentation on the purchasing process that is the subject or

a protest or appeal in accordance with the retention for three years plus the current.

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FOOD SERVICE DEPARTMENT

FACT SHEET

Sarah Mathis, Food Service Director To be Determined, Cafeteria Secretary

Service Information

Winton School District provides nutrition services to 4 schools sites which include:

3 preschools, 3 elementary schools, 1 middle school and 3 county classes. The enrollment at present

is approximately 2,139 students. The district follows Modified Traditional calendars. Summer

school meals are provided as well as a summer feeding program.

Average daily meal participation includes approximately 1,120 breakfasts, 1,830 lunches and 284

after school snacks. Schools do not sell a-la-carte items. The Food Service Department employs

approximately 23 positions not including substitutes. Winton School District actively promotes

nutrition education and constantly revises recipes and updates menu choices including student

participation in taste test and surveys.

Type of Service:

Production/Transport:

We have three elementary kitchens and 1 middle school kitchen that are

production kitchens.

Menus: Breakfast and lunch is offered at all sites. Offer vs Serve is implemented at each

site. An afterschool snack program is also offered.

Product Selections: Products are evaluated during scheduled vendor appointments for price, clean

labels, nutrient value, and potential acceptability. Any potential product will be

further tested by the site staff and the students for final approval.

Delivery Requirements:

Produce, dairy and fresh bread will be delivered to each individual site. Drop

shipments are available for paper supplies as well as dry & frozen food

items, if palletized.

Commodities: Winton School District Food Service participates in the SLIC Co-op.

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Winton School District

Food Service Department

Standard Operating Procedure (SOP)

Receiving Deliveries

Purpose: To ensure that all food is received fresh and safe, and is stored properly immediately

Scope: This procedure applies to all Food Service staff.

Instructions: 1. Train all staff on proper receiving procedures.

2. Schedule deliveries to arrive at designated times during operational hours.

3. Immediately reject goods if there is any concern regarding food quality or safety.

4. Organize freezer and refrigeration space, loading areas, and store rooms before deliveries.

5. Gather product grocery orders, calibrated thermometers, and clean loading carts before deliveries.

6. Keep receiving area clean and well lighted.

7. Do not touch ready-to-eat foods with bare hands.

8. Foods will be marked with the date of arrival upon receipt.

9. Compare delivery invoice against products ordered and products delivered.

10. Confirm country of origin is American or products of Guam, American Samoa, Virgin

Islands, Puerto Rico, or the Northern Mariana Islands.

11. Transfer foods to their appropriate locations immediately.

Monitoring: 1. Refrigerated foods are to be delivered in a refrigerated truck with an interior temperature of 41°.

2. Confirm vendor name before accepting deliveries.

3. Check frozen foods to ensure that they are all frozen solid and show no signs of thawing and

refreezing, such as the presence of large ice crystals or liquids on the bottom of cartons.

4. Check the temperature of refrigerated foods.

a) For fresh meat, fish, poultry and milk products, insert a clean and sanitized thermometer

into the center of the product to ensure a temperature of 41° F or below. The temperature

of milk should be 45° F or below.

b) For packaged products insert a food thermometer between two packages being careful not

to puncture the wrapper. If the temperature exceeds 41° F, it may be necessary to take the

internal temperature before accepting the product.

c) For eggs, the interior temperature of the truck should be 45° F or below.

5. Check dates of milk, eggs, and other perishable goods to ensure safety and quality.

6. Check the integrity of food packaging.

7. Check the cleanliness of crates and other shipping containers before accepting products. Reject foods

that are shipped in dirty crates.

Corrective Action: 1. Retrain any staff found not following the correct procedure.

2. Reject the following:

a) Frozen foods with signs of previous thawing

b) Cans that have signs of deterioration – swollen, flawed seals or seams, dents, or rust

c) Punctured packages

d) Expired foods

e) Foods that are out of temperature

Verification and Record Keeping:

Record the temperature and corrective action on delivery invoice. Lead Cooks will verify that staff is receiving

products using the proper procedure by visually monitoring receiving practices during the shift. Document on

the invoice temperature and any rejected items. Records are kept for 3 years plus the current year.

BID #B2021-0002


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SECTION 2

FORMS

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NON-COLLUSION AFFIDAVIT

STATE OF CALIFORNIA

COUNTY OF

PROJECT: BID #B2021-002

ANNUAL NUTRITION EDUCATION MILK/DAIRY BID

I, (Typed or Printed Name)

, being first duly sworn, deposes and says that I

am the of (Title)

(Bidder Name)

, the

party

submitting the foregoing Bid Proposal (“the Bidder”). In connection with the foregoing Bid

Proposal, the undersigned declares states and certifies that:

1. The Bid Proposal is not made in the interest of, or on behalf of, any undisclosed

person, partnership, company, association, organization or corporation.

2. The Bid Proposal is genuine and not collusive or sham.

3. The bidder has not directly or indirectly induced or solicited any other bidder

to put in a false or sham bid, and has not directly or indirectly colluded,

conspired, connived, or agreed with any other bidder or anyone else to put in

sham bid, or to refrain from bidding.

4. The bidder has not in any manner, directly or indirectly, sought by agreement,

communication, or conference with anyone to fix the bid price, or that of any

other bidder, or to fix any overhead, profit or cost element of the bid price or

that of any other bidder, or to secure any advantage against the public body

awarding the contract or of anyone interested in the proposed contract.

5. All statements contained in the Bid Proposal and related documents are true.

6. The bidder has not, directly or indirectly, submitted the bid price or any

breakdown thereof, or the contents thereof, or divulged information or data

relative thereto, or paid, and will not pay, any fee to any person, corporation,

partnership, company, association, organization, bid depository, or to any

member or agent thereof to effectuate a collusive or sham bid.

Executed this

day of , 2020. , 2020 at

I declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct.

Signature (Address)

Name Printed or Typed (City, County and State)

( )

(Area Code and Telephone Number)

BID #B2021-0002


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HOLD HARMLESS AND INDEMNIFICATION AGREEMENT


ANNUAL NUTRITION EDUCATION MILK/PRODUCTS BID

The undersigned agrees to defend, indemnify and hold harmless the Winton School District,

its Board of Trustees, officers, agents and employees, individually and collectively, from and

against all costs, losses, claims, demands, suits, actions, payments and judgments, including legal

and attorney fees, arising from personal or bodily injuries, property damage or otherwise,

however caused, brought or recovered against any of the above that may arise for any reason

from or during or be alleged to be caused by the undersigned's setup, removal and transportation of

purchased properties while utilizing the above referenced School District land, infrastructure and

easements.

(Printed Name)

(Address)

(City, State, Zip)

(Phone)

(Signature)

(Date)

BID #B2021-0002


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CERTIFICATE OF WORKERS’ COMPENSATION

INSURANCE



I

,

the of

(Name) (Title) , declare, state and certify that:

(Contractor Name)

1. I am aware that California Labor Code §3700(a) and (b) provides:

“Every employer except the state shall secure the payment of compensation in one

or more of the following ways:

(a) By being insured against liability to pay compensation in one or more

insurers duly authorized to write compensation insurance in this state.

(b) By securing from the Director of Industrial Relations a

certificate of consent to self-insure either as an individual employer, or one

employer in a group of employers, which may be given upon furnishing

proof satisfactory to the Director of Industrial Relations of ability to self-

insure and to pay any compensation that may become due to his or her

employees.”

2. I am aware that the provisions of California Labor Code §3700 require every

employer to be insured against liability for workers’ compensation or to undertake

self- insurance in accordance with the provisions of that code, and I will comply with

such provisions before commencing the performance of this Contract.

3. The following information pertains to the Workers Compensation Insurance policy:

Name of Insurer

Policy No.

Expiration Date

Name, Address,

Telephone, Fax

and Email

Address of

contact for

Insurer

or Broker

(Contractor Name)

By:

(Signature)

(Typed or printed name)

BID #B2021-0002


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DRUG-FREE WORKPLACE CERTIFICATION



I, , am the of (Print Name) (Title)

. I declare, state and certify to all of the following: (Contractor Name)

1. I am aware of the provisions and requirements of California Government Code

§§8350 et seq., the Drug Free Workplace Act of 1990.

2. I am authorized to certify, and do certify, on behalf of Contractor that a drug free

workplace will be provided by Contractor by doing all of the following:

A. Publishing a statement notifying employees that the unlawful manufacture,

distribution, dispensation, possession or use of a controlled substance is prohibited

in Contractor’s workplace and specifying actions which will be taken against

employees for violation of the prohibition;

B. Establishing a drug-free awareness program to inform employees about all of the

following:

i. The dangers of drug abuse in the workplace;

ii. Contractor’s policy of maintaining a drug-free workplace;

iii. The availability of drug counseling, rehabilitation and employee-

assistance programs; and

iv. The penalties that may be imposed upon employees for drug abuse

violations;

C. Requiring that each employee engaged in the performance of the Contract be given

a copy of the statement required by subdivision (A), above, and that as a condition

of employment by Contractor in connection with the Work of the Contract, the

employee agrees to abide by the terms of the statement.

D. Contractor agrees to fulfill and discharge all of Contractor’s obligations under the

terms and requirements of California Government Code §8355 by, inter alia,

publishing a statement notifying employees concerning: (a) the prohibition

of any controlled substance in the workplace, (b) establishing a drug-free awareness

program, and (c) requiring that each employee engaged in the performance of the

Work of the Contract be given a copy of the statement required by California

Government Code §8355(a) and requiring that the employee agree to abide by the

terms of that statement.

BID #B2021-0002


18


3. Contractor and I understand that if the District determines that Contractor has either: (a)

made a false certification herein, or (b) violated this certification by failing to carry out and to implement the requirements of California Government Code §§8355, the Contract

awarded herein is subject to termination, suspension of payments, or both.

4. Contractor and I further understand that, should Contractor violate the terms of the Drug-Free Workplace Act of 1990, Contractor may be subject to debarment in accordance with

the provisions of California Government Code §§8350, et seq.

5. Contractor and I acknowledge that Contractor and I are aware of the provisions of

California Government Code §§8350, et seq. and hereby certify that Contractor and I will

adhere to, fulfill, satisfy and discharge all provisions of and obligations under the Drug-

Free Workplace Act of 1990.

I declare under penalty of perjury under the laws of the State of California that all of the

foregoing is true and correct.

Executed at this of (City and State)

day

, 2020.

(Signature)

(Handwritten or Typed Name)

BID #B2021-0002


19


ATTACHMENT: A 2021-002

POLICY Winton School District (WSD) auditors require that all vendors receiving purchase orders using federal funds

certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared

ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal

Government. Transactions on funds must be cleared of Federal Debarment before an award is made and/or

a Purchase Order is issued.

The Purchasing department will maintain debarment status documents in their department for items and/or

services purchased within the scope of their delegation. No award will be made or Purchase Order will be

issued, before debarment status has been reviewed and approved.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY

MATTERS.

The vendor below certifies to the best of its knowledge and belief that it and its principals:

(a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible,

or voluntarily excluded from covered transactions by any Federal department or agency;

(b) Have not within a three-year period preceding this application been convicted of or had a

civil judgment rendered against them for commission of fraud or a criminal offense in

connection with obtaining, attempting to obtain, or performing a public (Federal, State, or

local) transaction or contract under a public transaction; violation of Federal or State

antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or

destruction of records, making false statements, or receiving stolen property;

(c) Are not presently indicated for or otherwise criminally or civilly charged by a governmental

entity (Federal, State, or local) with commission of any of the offenses enumerated in

paragraph (1)(b) of this certification; and

(d) Have not within a three year period preceding this application had one or more public

transactions (Federal, State, or local) terminated for cause or default.

Business Name

Name & Title of Authorized Representative

Signature of Authorized Representative

(e) Notifying the agency, in writing, within 10 calendar days after receiving notice under

subparagraph (d) (2) from an employee or otherwise receiving actual notice of such

conviction. Employers of convicted employees must provide notice, including position title,

to: Director, Grants, and Contracts Service, U.S. Department of Education, 400 Maryland

A v e n u e , S . W . (Room 3 1 2 4 , G S A R e g i o n a l O f f i c e B u i l d i n g N o . 3),

Washington, DC 20202-4571. Notice shall include the identification number(s) of

each affected grant:

(f) Taking one of the following actions, within 30 calendar days of receiving notice under

subparagraph (d) (2), with respect to any employee whom is so convicted:

BID #B2021-0002


20


(1) Taking appropriate personnel action against such an employee, up to and including

termination, consistent with the requirements of the Rehabilitation Act of 1973, as

amended; or

(2) Requiring such employee to participate satisfactorily in drug abuse assistance or

rehabilitation program approved for such purposes by a federal, state, or local health,

law enforcement, or other appropriate agency:

(g) Making a good faith effort to continue to maintain a drug-free workplace through

implementation of paragraphs (a), (b), (c), (d), (e), and (f).

The grantee may insert in the space provided below the site(s) for the performance of work done in

connection with the specific grant:

Place of Performance (Street address, city, county, state, zip code)

Address_____________________ City ______________________

State _______________________ Zip Code ______________________

Check if there are workplaces on file that are not identified here.

Drug-free workplace (grantees who are individuals)

As required by the Drug-Free Workplace Act of 1988, and implemented at 34 CFR Part 85, Subpart F, for

grantees, as defined at 34 CFR Part 85, Sections 85.605 and 85.610

a. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution,

dispensing, possession, or use of a controlled substance in conducting any activity with the grant, and

b. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant

activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Director, Grants

and contracts Service, U.S. Department of Education, 400 Maryland Avenue, S.W. (Room 3124, GSA

Regional Office Building No. 3) Washington, DC 20202-4571. Notice shall include the identification

numbers(s) of each affected grant.

As the duly authorized representative of the applicant, I hereby certify that the applicant will comply

with the above certifications.

Name of Applicant Contract

Printed Name and Title of Authorized Representative

Signature Date

BID #B2021-0002


21


BID #B2021-002


BID COVER SHEET

WE, the undersigned, have reviewed the NOTICE TO BIDDERS, INFORMATION FOR BIDDERS

AND GENERAL CONDITIONS for the W i n t o n School District Bid #B2021–002 ANNUAL CHILD

NUTRITION MILK/DAIRY BID.

WE, the undersigned, agree to furnish the product specified at the quoted price and to comply with conditions

of this Bid Document.

IT IS UNDERSTOOD that in the event we should fail to provide the products specified at the quoted price,

and/or fail to comply with the conditions as stated in the NOTICE CALLING FOR BIDS, INFORMATION

FOR BIDDERS and GENERAL CONDITIONS for the Winton School District ANNUAL CHILD

NUTRITION MILK/DAIRY BID Documents, the district reserves the right to cancel any contract.

Original Signature Name of

Business Telephone Number

E-mail address for correspondence

Name & Title (print) Date General Mailing Address Fax Number

NOTE TO BIDDERS: No bid shall be valid unless signed by the person making the bid. If the party is an

individual, the same shall be signed by the individual; if the party is a partnership, the name of the partnership

shall be given and signed by one of the partners; if the party is a corporation the bid shall be signed by the

corporation by its properly authorized officer or officers.

MAILING/PHYSICAL ADDRESS: Winton School District 7000 N. Center Street Winton, CA 95388

CLOSING DATE: Friday, June 26, 2020, 10:00 a.m.

FAXED OR EMAILED BIDS WILL NOT BE ACCEPTED.

PRE-PRINTED PRICE LISTS WILL NOT BE ACCEPTED.

Attach bid pricing sheets to this original.

BID #B2021-0002


22


SECTION 3

CONDITIONS OF THE CONTRACT

BID #B2021-0002


23


GENERAL CONDITIONS

1. CONTRACT PERIOD:

Contract term will be for one year, July 1, 2020 through June 30, 2021, with the

District’s option to renew for two additional annual increments (up to three years total).

Prices are to be firm from July 1, 2020 through June 30, 2021 and are not subject to

price increase or decrease during that contract period except as noted below. Awarded

vendors will be requested to submit updated pricing each year annually at the renewal

period. It is at the District’s discretion whether to renew the bid based on resubmitted

pricing.

a) Any proposed price increase/decrease during the contract period may reflect only the

manufacturer's price increase/decrease to the vendor as certified in writing by the

manufacturer. b) 30-day written notice of request for price increase/decrease must be provided the District

prior to any price change with a copy of the manufacturer’s letter to the vendor.

c) Acknowledgment and acceptance or rejection of any proposed price increase/decrease

will be made by the District Nutrition Education Department within 15

working/business days of receipt of notice.

2. SPECIFICATIONS:

All products furnished must be in conformity with the specifications and will be

subject to inspection and approval by the Director of Fiscal Services or an authorized agent.

The right is reserved to reject and return at the risk and expense of the Vendor such

portion of any shipment which may be defective, have spoilage defects, non-compliance

with specifications or unacceptable substitutions without invalidating the remainder of the

order. If a product is rejected at time of delivery, a credit is to be issued for the product

within 10 days.

3. BRAND NAMES OR EQUIVALENT

The use of the name of a manufacturer or any special brand or make in describing any

product in the Bid Form is used to indicate desired quality, design, and utility and does not

restrict Bidder(s)/Vendor(s) to that manufacturer or specific brand. Brands of equal make

or type to those specified may be acceptable unless otherwise indicated in the bid form. The

products on which proposals are submitted must, in all cases, be equal in every particular

to those brands referred to. The manufacturer's brand, grade, and case pack of the product

on which the bid is submitted must be stated in the proposal and specifications submitted,

if different than that specified. If brand, grade and case pack of product is not specified,

bidder is required to provide this specific information on each item bid. Bidder/Vendor shall

submit required samples and nutrient analysis and/or Child Nutrition (NC) Labels in

accordance with SAMPLE provision of this bid.

The quantities appearing in the Bid Form are approximate only and are prepared for the

solicitation of bids. If quantities are not indicated on the bid form, the District is unable to

project quantities needed. Payment to the successful Vendor will be made only for the actual

quantities of product furnished in accordance with the Purchase Order; and it is understood

that the scheduled quantities of products to be furnished may be increased, decreased or

omitted without, in any way, invalidating Purchase Order prices. Quantities may vary at the

District's discretion.

BID #B2021-0002


24


4. SAMPLES

The Winton School District reserves the right to require samples and nutrient analysis

and/or Child Nutrition (NC) Labels on any and all bid items prior to awarding the bid. All

samples shall be furnished free of cost to the Winton School District and shall become the

property of the District unless otherwise agreed to by the Winton School District and the

Bidder/Vendor.

5. TAXES

State Retail Sales Tax or State Use Tax (Sections 6001 to 7176 Revenue and Taxation

Code), if applicable, will be paid separately by the Board of Education and is not to be

included in the Bidder's/Vendor's quotation. Bidder(s)/Vendor(s) must not include Federal

Excise Taxes, because school districts are exempt therefrom.

6. DOMESTIC ORIGIN

Items of foreign origin must be so indicated. Bidder's/Vendor's signature on this quotation will be taken as certification that all manufactured articles, materials, products, and supplies not so indicated have been made, grown, or produced in the United States or its insular possessions from articles, materials, products, or supplies mined, grown,

produced or manufactured, as the case may be, in that area.

Food and beverage bids are to include domestically grown and processed foods, to the

maximum extent practicable. Suppliers are required to certify the percentage of US content

in products supplied to WSD. WSD will not purchase from any supplier that is unable or

unwilling to make such certification. The supplier must certify that the product is at least

51% US content. Country of origin is to be included on the invoice. Public Law 105-336

104(d), section 12(n) of NSLA (42 USC 1760 (n)).

Price, fitness and quality being equal, items grown, manufactured or produced in the State

of California will be given preference, and items partially manufactured, grown or produced

in the State of California shall be given next preference.

The California Department of Health Services’ Food and Drug Branch (CDHS-FDB) is

the public health agency responsible for ensuring that all processed food products made or

sold in California are safe and wholesome. California Health and Safety Code Section

10460, et seq. requires all businesses engaged in the manufacturing, packing, labeling, or

holding (warehousing) of processed food products in this state to register annually with

CDHS-FDB.

Vendors awarded bids are required to provide a current CDHS-FDB annually.

7. PACKING AND DELIVERY

It is understood that the Bidder/Vendor agrees to deliver FOB to five school sites and the

Warehouse site, Winton School District, all items on which bids are accepted. All costs for

delivery, drayage, freight insurance or packing are to be borne by the Bidder/Vendor. Time

and manner of delivery are essential factors in proper performance and will be considered

in the award of contract(s). Bidder/Vendor will specify dates of intended delivery. Each

item shall be securely and properly packed and clearly marked as to contents. All items

purchased for delivery by truck or freight line shall be palletized. The preferred

pallet size should be 48" long by 40" wide. All shipments shall be accompanied by a

packing slip.

BID #B2021-0002


25


All deliveries are required to be made to sites before 10:00 a.m. to optimize food safety.

The awarded vendor will notify Winton School District Food Service Department of any

delay in deliveries.

School Bell schedules will be provided; it is preferred that sites avoid delivery 15 minutes

before to 15 minutes after the school day starts. Some schools may prohibit deliveries and/or

departures at this time for student safety.

Delivery drivers are required at a minimum to have the pallets at the back of the truck for

off-loading. Winton School District Food Service Department Warehouse staff will not enter

delivery vehicles for off- loading.

Deliveries will not be accepted on non-school days.

Bidder/Vendor must state in the Bid Form if requiring any minimum delivery to a site.

8. COPYRIGHTS

The Bidder/Vendor must save, keep, bear harmless and fully indemnify said District and

any of its officers or agents from all damages, or claims for damages, costs or expenses

in law or equity that may at any time arise or be set up for any infringement of the patent

rights whatsoever, on account of use by the manufacturer, publishing or author of any

copyrighted or un-copyrighted composition, secret process, patented or unpatented

invention, articles or appliance to be supplied under this proposal, copyright or trademark

of any person or persons in consequence of the use by said District or by any of its

officers or agents of articles to be supplied under this proposal.

9. PENALTIES

When any successful Vendor shall deliver any product which does not conform to the specifications, the Winton School District may, at its option, annul and set aside the Contract entered into with said Vendor, either in whole or part, and make and enter into a new

Contract in accordance with law for furnishing such article or articles so agreed to be furnished.

Any additional cost or expense incurred by Winton School District in the making of

such Contract and any additional costs of supplying any articles by reason of the failure of

the Vendor, as above stated, shall be paid by such Vendor and/or his sureties.

Unless otherwise specified, if any item in the proposal is not delivered on or before the

agreed date for such delivery, the Board of Education reserves the right to cancel such item

from the Contract and purchase same elsewhere in accordance with law and deduct the

amount paid therefore from the total Contract.

10. INVOICE AND PAYMENTS

Unless otherwise specified, the successful Vendor shall render invoices in triplicate for products delivered or services performed under the Purchase Order, to the Food Service Department of the Winton School District, 7000 N. Center Street, Winton, CA 95388. Invoices shall be submitted under the same firm name as shown on the bid. The successful Vendor shall provide the Winton School District Food Service Department a monthly statement no later than the 5th of each month listing separately any taxes payable by the District and shall certify on the invoices that Federal Excise Tax is not included in the prices listed thereon. The District shall make payment for materials, supplies, products, or services furnished under the Purchase Order within a reasonable and proper time after acceptance thereof and approval of the invoices by the authorized District Representative.

BID #B2021-0002


26


11. CASH DISCOUNTS

The Winton School District Winton School District Food Service Department shall ensure

that the Vendor’s Company fully discloses all discounts, rebates, allowances, and

incentives received by the Company from its suppliers. If the Company receives a discount,

rebate, allowance, or incentive from any supplier, the Company must disclose and return to

the Winton School District Food Service Department the full amount of the discount, rebate,

or applicable credit that is received based on the purchases made on behalf of the Winton

School District Food Service Department. All discounts, rebates, allowances, and incentives

must be returned to Winton School District Food Service.

12. PRICING WARRANTY

Bidder/Vendor warrants that the prices indicated on this bid do not exceed those charged to

any other customer purchasing the same services and/or products in like or comparable

quantities under like terms and conditions.

13. CANCELLATION

Winton School District reserves the right to cancel the Contract upon thirty (30) days

written notice with good cause.

Winton School District

2020/2021 Commercial Food Supply Bid

B2021-002

Description

Brand or

Comparable Unit size

Item is

checked if

it must be

at least

51%

Whole

Grain Bread

Meat/

Meat

Alt

At least

1/2 cup

Veg

At

least

1/2

cup

Fruit

Estimated

Usage Annually

Amounts are in

cases unless it

specifies

servings or

units. Description

If Item is

Market or

Special

Order

Please

Indicate

PRICE

PER

CASE

PRICE

PER

UNIT PACK/CASE MFG CODE # BRAND NAME VENDOR ITEM #

Dairy Dairy

Milk, 1% LF 8 oz 60,420 Milk, 1% LF

Milk, 1% LF 1/2 Gal 925 Milk, 1% LF

Milk, FF Chocolate 8oz 369,000 Milk, FF Chocolate

Milk, Lactaid 1% 8 oz 1,200 Milk, Lactaid 1%

Orange Juice, Plastic 1/2 Gal 100 units Orange Juice, Plastic

Yogurt, Strawberry Parfait LF Bulk Yoplait 4 lb 750 units Yogurt, Strawberry Parfait LF Bulk

Yogurt, Vanilla Parfait LF Bulk Yoplait 4 lb 750 units Yogurt, Vanilla Parfait LF Bulk

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