RFP #2019-043 Vending Machines & Services rfp document(final).pdfThe Northside Independent School...

The Northside Independent School District (“NISD” and/or the “District”) is soliciting proposals for RFP #2019-043 Snack Vending Machines & Services as more fully set out in the Scope of Work and Specific Conditions and Specifications sections of this Request for Proposals (“RFP”). An original and two copies of the proposal must be submitted in accordance with the instructions set out herein to: Northside Independent School District Attn: George M. Ayala RFP #2019-043 Snack Vending Machines & Services

607 Richland Hills Dr. Suite 700

San Antonio, TX 78245 The original proposal must be labeled “ORIGINAL” and MUST contain original signatures. The copies of the original must be labeled “COPY.” Each proposal and copy must be labeled on the outside with the Proposer’s name, address, the RFP number and the RFP name. In addition to the paper copies, please provide responses in an electronic version in word or excel (i.e. CD or USB drive) and include the electronic version with the original bid response. Proposals will be received at the above address until 10:30 AM CST, January 31, 2019. A more detailed timeline is set out in the Instructions, Submission Requirements and Procedures section of the RFP. Proposals will remain sealed until the due date and time to avoid disclosure to competing proposals. Contents of proposals will remain confidential during the negotiations period, if applicable. Only the proposal number and the identity of the Proposer(s) submitting the proposal will be made available to the public before award of the RFP. Proposals received after the Proposal due date and time will not be considered. Faxed proposals will not be accepted. Proposals must be submitted in sufficient time to be received and time-stamped at the above location on or before the proposal due date and time. NISD will not be responsible for proposals delivered late by the United States Postal Service, or any other delivery or courier services. All proposals and pricing must remain valid for one hundred twenty (120) days from the proposal due date pending acceptance by NISD’s Board of Trustees. The District will award this RFP to a single respondent, multi-supplier award, or line item award based which provides the Best Value to the District upon the evaluation of all proposals received. More details regarding evaluation of proposals are included in Section III, which is the Scope of Work and Specific Conditions section of this RFP. George M. Ayala Director of Purchasing Northside Independent School District December 21, 2018

RFP #2019-043 – Snack Vending Machines & Services

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SECTION 1 INSTRUCTIONS, SUBMISSION REQUIREMENTS AND PROCEDURES

GENERAL INFORMATION: The following instructions by the District are intended to afford Proposer(s) an equal opportunity to participate in the proposal process and provide a predetermined set of criteria representing the District’s business and service requirements. This proposal is governed by Texas Education Code (TEC), other applicable Texas state statutes, and all local Board of Trustees policies. By submitting a proposal, the Proposer agrees to provide the goods/services in full accordance with the specifications and other contract documents notwithstanding existing material and labor markets conditions. The designated Bid Specialist during the proposal process shall be Amanda Flores, Purchasing Department, 607 Richland Hills Dr., Suite 700, San Antonio, Texas 78245, phone 210-397-8845 , or, [email protected] . All communications pertaining to the RFP shall be addressed in writing to the Bid Specialist, as indicated in the next paragraph.

Questions concerning the RFP will be answered only if sent to the NISD Purchasing Department, in writing via email to [email protected] , on or before January 31, 2019 at 10:30am CST. If there is a pre-proposal conference, responses to written questions submitted prior to the pre-proposal conference will be read at the pre-proposal conference and included in the first addendum along with additional information including questions and responses from the pre-proposal conference. All questions submitted in writing to the Bid Specialist prior to the deadline will be answered in the form of addenda. All addenda will be posted on the NISD Purchasing Department website, under the heading of this Proposal: http://nisd.net/purchasing-dept/purchasing/current-bids. Issuance of this RFP does not commit NISD, in any way, to pay any costs associated with the preparation and submission of a vendor’s proposal. Nor does the issuance of the RFP obligate NISD to award, enter into an agreement, or purchase any goods and services stated in the RFP. Northside utilizes Electronic Funds Transfer (EFT) to pay for goods and services. Proposers awarded a contract as a result of this RFP will be required to provide appropriate banking information to receive payment. DEFINITIONS AND TERMS: In this RFP, terms are used as follows: “Agreement” is defined in Section 2 General Terms and Conditions. “NISD or District” refers to Northside Independent School District. “Proposer” refers to the person/firm that submits a proposal to this RFP. “Project” means the Scope of Work for furnishing goods and services. “Proposal” refers to the document submitted by an entity that addresses the scope and requirements of this RFP. “RFP” refers to this Request for Proposal. “Scope of Work” is set forth in Section 3 Scope of Work and Specific Conditions. “Supplier” and/or “Vendor” refer to the person(s)/firm(s)/entity(ies) to whom a contract is awarded pursuant to this RFP. SPECIFICATIONS: Proposer(s) are expected to examine and be familiar with all requirements and obligations of this entire RFP. Failure to do so will be at the Proposer(s) risk. The evaluation criteria for the award of this RFP are set forth in the Scope of Work and Specific Conditions Section of this RFP at paragraph. All exceptions to the specifications and requirements of the RFP must be noted in detail in the Proposal Exception Form (Form D hereto) and included in the proposal.

mailto:[email protected]


http://nisd.net/purchasing-dept/purchasing/current-bids


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PROPOSAL INFORMATION REQUIRED: To achieve a uniform review process and obtain the maximum degree of comparability, it is required that proposals be organized in the manner specified. The Proposal shall be submitted with tabs as set forth below:

• Tab 1 – Cover Letter Indicate the RFP number and title, the name of the Proposer’s firm, address, telephone number, name of contact person and a brief and concise introduction of your company.

• Tab 2 – Proposal Submission Forms Complete and return Forms A–H set forth in the last Section of this RFP. The set of forms submitted in the proposal marked “ORIGINAL” requires original manual signatures. Copies of the forms bearing original signatures should be included in each additional proposal. The forms should be submitted in the following order:

1. FORM A: Company Information 2. FORM B: Addendum for Agreement Funded by U.S. Federal Grant (Non-Construction Contracts) 3. FORM C: Pricing and Service Affirmation 4. FORM D: Exception Form 5. FORM E: Price Schedule 6. FORM F: Certification of Insurance (Acord form) 7. FORM G: Certificate of Interested Parties, Form 1295 8. FORM H: Northside ISD Certification Forms

• Tab 3 – Profile of the Proposer

a. Indicate the number of people in your organization and their level of experience and qualifications and the percentage of their time that will be dedicated to this project.

b. Provide a list of the Proposer’s top ten current and prior two years’ clients indicating the type of goods and/or services your organization has provided and/or performed for each client.

• Tab 4 – Scope Section

Clearly describe the scope of the goods and /or services to be provided based upon the information in the Scope of Work and Specific Conditions and Specification Sections stated in the RFP. Respond to each item listed.

• Tab 5 – Questionnaire Response [If questionnaires are supplied and a response is required.] Respond to any questionnaires included in the RFP. If no questionnaires are submitted, this section should be left blank.

• Tab 6 – Invoice Procedure

a. Describe the firm’s invoicing procedure. b. Include documentation identifying all of the Proposer’s fees. c. Payment terms. State any payment discounts that your company offers, e.g., 2% 10 days – net 30; or 5%

7 days – net 30.

• Tab 7 – Price Any and all pricing information, including any alternate pricing proposals that may be acceptable for some projects. Include a hard copy of Form E (Price Schedule) in this section, if applicable. If a Price Proposal form is included, that form MUST be used to submit proposed pricing.

• Tab 8 – Addenda

Insert all executed copies of Addenda, if applicable, under this section.


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SUBMISSION OF PROPOSALS: The Proposer(s) should propose their lowest and best price, (as applicable), on each good/service which is the subject of this RFP. Proposals shall be submitted in strict compliance with the instructions set out in this RFP. All prices shall be entered on the proposal in ink or typewritten. All required signatures shall be original in ink. Failure to manually sign the required forms of this proposal may result in rejection of the Proposer’s proposal. A signed submitted proposal constitutes an offer to perform the work and/or deliver the product(s) specified in this RFP. Proposed prices should be firm (fixed). However, if the Proposer(s) believes it necessary to include in their price an economic price adjustment, such a proposal may be considered, but only as an alternate proposal and should be noted in the Exception Form (FORM D). The economic price adjustment should give the maximum price increase or decrease (either % or $) and the date and/or event at which the increase would be effective. Additionally, if a Proposer has reason to believe a better (more cost effective) method is practical, then the Proposer may offer that better pricing option as an alternative. All costs associated with the project must be enumerated in the proposal. Any costs associated with the project not explicitly enumerated and discussed in the proposal will not be honored. Proposer(s) shall provide information on their standard fee arrangement for any goods and/or services proposed, and any discounts offered. Proposer(s) must include in the cost proposal all travel and accommodation expenses associated with travel to perform this project, if applicable. Travel expenses associated with the project must conform to Travel Reimbursement Rates posted on the Texas Comptroller of Public Accounts website for travel expenditures associated with governmental travel and must be pre-approved by the District before being incurred. The District’s standard freight terms are FOB destination, prepaid and allowed. NISD may specify various and different locations within the District for “destination” during the term of the Agreement, or extension of the term, and prices should include allowances for such freight contingencies. No C.O.D. shipments will be accepted. If the goods are not shipped in accordance with NISD’s directions and the instructions set out in the Agreement, the Supplier shall pay to NISD any excess cost incurred by District. Proposer(s) are required to provide NISD with a menu of any optional services, if offered. Each service must be priced separately and independent of any other services offered or rendered. FINANCIAL INFORMATION: Proposer(s) may be required to submit a current audited financial statement. The Director of Purchasing will determine the necessity of financial information. In the event the Proposer(s) does not have an audited statement, other information such as an unaudited statement or copies of the Proposer(s)’ federal income tax returns, with all amendments, may be required. DISCUSSIONS / NEGOTIATIONS: Discussions/negotiations may be conducted with Proposer(s) who are deemed to be within the final competitive range; however, NISD reserves the right to award a contract without discussions/negotiations. The competitive range will be determined by NISD and will include only those initial proposals that NISD determines have a reasonable chance of being awarded a contract. If discussions/negotiations are conducted, Proposer(s) may be required to submit a best and final offer. The best and final offer may be required as early as 24 hours after completion of negotiations/discussions. BEST AND FINAL OFFERS: Best and final offers must be received by the date/time provided during discussions/negotiations, or the originally submitted proposal will be used for further evaluation and award recommendation. MODIFICATION OR WITHDRAWAL OF PROPOSALS: Proposals may be modified or withdrawn by written or electronic notice received by the Bid Specialist prior to the exact hour and date specified for receipt of proposals. A proposal may also be withdrawn in person by a Proposer’s authorized representative prior to the Proposal due date and time, provided the Proposer’s identity is confirmed and Proposer’s representative signs a receipt for the proposal.


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SCHEDULE: The following schedule and timelines apply to this RFP, and is subject to change at the discretion of the District.

Timeline Release RFP Date: December 21, 2018 Pre-Proposal Conference N/A Last date/time for questions: January 10, 2019 on or before 12:00pm Central Standard Time RFP Due January 31, 2019 on or before 10:30am Central Standard Time Evaluation Period January 31, 2019 Selected Proposal(s) Approved February 26, 2019

Proposer(s) are strongly encouraged to attend the pre-proposal conference, if applicable. The conference will start promptly at the stated time. General rules of business meeting protocol will be observed during the meeting. Admittance for individuals arriving late is at the discretion of the moderator. In the event that an individual is admitted late, questions already discussed will not be revisited during the remaining portion of the conference. Unless indicated otherwise, Pre-Proposal Conferences will be held at the Purchasing Department, 607 Richland Hills Dr., Suite 700, San Antonio, TX 78245. Individuals attending the pre-proposal conference will be required to sign an attendance roster. In addition to their name and company name, each person will be asked to supply an email address, telephone number and a fax number for facsimile transmissions, if needed. At the District’s discretion, one or more Proposer(s) may be invited to demonstrate their solution(s) and/or system(s) and interview or host a District visit, based on a District pre-defined agenda and time line. Said Proposer(s) will be notified by e-mail if the District determines that such demonstrations and interviews are needed. Proposer(s) shall demonstrate their competence, qualifications and/or ability to satisfy the District’s RFP requirements.

Award of the Project to Proposer(s) will be confirmed by an Award Letter, and/or Purchase Order.

Timelines set forth herein may be strictly enforced by the District. The District, however, maintains sole discretion to adjust any deadline or timeline to suit the best interests of the District.

LATE PROPOSALS: Responses submitted after the due date and time noted in this RFP shall not be considered and shall be returned to the Proposer(s), unopened, by United States Mail. The District is not responsible for lateness of U.S. Mail, Commercial (Professional) Carrier, personal delivery, or any other delivery method. The time and date stamp clock in the Northside ISD’s Purchasing Department, Support Services Center, 607 Richland Hills Dr., Suite 700, San Antonio, Texas 78245, shall be the official date and time of receipt. It shall be the sole responsibility of the Proposer(s) to ensure that their proposal is received at the appropriate location by the specified deadline. There shall be no exceptions to these requirements. RETENTION OF PROPOSAL DOCUMENTATION: All proposal materials and supporting documentation that are submitted in response to this proposal becomes the permanent property of NISD. RESERVATION OF RIGHTS: The District reserves the right to reject any and all proposals. The District reserves the right in its sole discretion to accept the proposal(s) it considers the Best Value for the District, and the right to waive any and all minor irregularities in the proposal(s). Additionally, the District reserves the right to waive any requirements of the RFP. The District further reserves the right to reject all proposals and seek new proposals when such action would be deemed in the best interests of the District.


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SECTION 2 GENERAL TERMS AND CONDITIONS

The following terms and conditions are incorporated into this RFP and incorporated into any formal written agreement between NISD and the successful Proposer(s).

AGREEMENT, INTEGRATION, TERM & TRANSITION, PURCHASE ORDER REQUIREMENTS: The Request for Proposals, with all Addenda, those provisions in the proposal that are satisfactory to the District, and the District’s Agreement form(s), which may include, but are not limited to a written contract, agreement letter or Purchase Order constitute the Agreement between the Supplier and the District (collectively, the, “Agreement”). NOTWITHSTANDING ANYTHING TO THE CONTRARY IN ANY SUPPLIER FORM, PROPOSAL OR DOCUMENTATION, THE TERMS AND CONDITIONS OF THE AGREEMENT AS INTEGRATED ABOVE SHALL BE CONTROLLING IN ALL INSTANCES. To the extent there is any conflict between or among the documents composing the Agreement, the following hierarchy (from most to least authoritative) shall prevail: (i) District’s Agreement forms (written contract, agreement letter or Purchase Order as applicable), and (ii) RFP as provided by the District, to include all Addenda, and (iii) any Proposal provisions agreed to by the District. In the event that a project is awarded to a Supplier and the Supplier requests changes to the Agreement, the District reserves the right to cancel the award and re-award the project to an alternate Supplier(s). In the event of a license agreement or other contract document requested by the Supplier for execution, the District reserves the right to review and amend such document at the District’s discretion.

Unless otherwise provided or required by the District, a standard agreement which results from this RFP shall be for a period of five (5) years from Effective Date of the Agreement with an exclusive option by the District to renew on an annual basis thereafter for five (5) additional one-year (1) terms, or as otherwise stated in the Agreement. At the District’s option, there may be an additional 90-day transitional period added to the end of the initial term or any renewal term. The Agreement prices, terms and conditions are to remain in force during the transitional period. Renewal, if applicable, of the contract resulting from this RFP will be in accordance with Local Government Code 271.903 concerning non-appropriation of funds for multi-year contracts. The Board of Trustees of Northside Independent School District, or its designee, reserve the right to rescind the contract at the end of each fiscal year if it is determined that there are insufficient funds to extend the contract. Should the Agreement with the Supplier terminate during the initial or any renewal term for any reason, the District reserves the right to have the same transitional period, prices, terms and conditions as if the Agreement terminated at the expiration of that term. Purchases made as a result of this RFP require the issuance of an official NISD Purchase Order from the District’s Purchasing Department. All services provided without a Purchase Order may be considered a donation to the District.

NISD reserves the right to make changes to a Purchase Order (e.g., increase/decrease quantities, change delivery date, delivery address). Any changes to a Purchase Order shall be communicated to the awarded supplier by the issuance of a Purchase Order change. Only an NISD Purchasing staff member may make a change to the Purchase Order by issuing and sending an updated Purchase Order to the awarded supplier. Once the performance of the Agreement has begun, any change orders or requests will be made in accordance with Texas Education Code Section 44.0411 and applicable NISD procedures and policies. Unless indicated otherwise in the Agreement, only the Director of Purchasing is authorized to make changes to the Agreement. If Supplier acts on the direction of a District employee that is not authorized to make changes, Supplier does so at their own risk or peril and risks termination of the Agreement for cause. Also, if a Supplier attempts, or receives, a modification/amendment from a District employee that is not authorized to make changes, the Supplier does this at their own risk or peril and risks termination of the Agreement for cause.


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QUANTITY: There is no guaranteed amount of business, expressed or implied, to be purchased, or contracted for by NISD. However, the Supplier shall furnish all required goods and/or services to the District at the stated price, when and if required. NON-ASSIGNMENT: The Supplier may not assign, sell, or otherwise transfer its interest in the Agreement award or any part thereof, without prior written consent from the District. The Supplier shall have full responsibility for the completion and performance of all services and the delivery of all goods awarded to Supplier pursuant to this RFP. USE OF DISTRICT NAME OR LOGO(S): Supplier may not use the District’s official name or logo, or any phrase associated with the District, without the written permission from the Director of Purchasing. AUTHORIZATION/PERMITS: The Supplier must have and maintain during the term of the Agreement current licenses, permits, fees and similar authorizations required by the City of San Antonio, Bexar Country, and the State of Texas, where applicable, to conduct business and provide awarded goods and/or services to the District. Upon the request of the District, Supplier must provide copies of all such licenses, permits and fees as being paid for type of business they are seeking to provide to the District. SUPPLIER NATIONWIDE CRIMINAL BACKGROUND CHECKS: Pursuant to Sections 22.085 and 22.0834 of the Texas Education Code, Supplier hereby certifies that all employees, subcontractors and volunteers of the Supplier who are hired by Supplier on or after January 1, 2008, and who have continuing duties related to the contracted services; and who have or will have direct contact with students have passed a national criminal history background record information review as required by those sections.

Supplier shall send or ensure that the employee or applicant sends to the Texas Department of Public Safety (“DPS”) information that is required by the DPS for obtaining national criminal history record information, which may include fingerprints and photographs. DPS shall obtain the person’s national criminal history record information and report the results through the criminal history clearinghouse as provided by Section 411.0845, Government Code. Supplier must also obtain certifications from all subcontractors that their employees to whom Section 22.0834 applies have also passed a national criminal history background record information review. Supplier must also provide assurances that all of its employees, subcontractors and volunteers, including those hired before January 1, 2008, who have contact with students have passed a criminal history background check current within the last year. If an employee, subcontractor or volunteer of the Supplier has a criminal conviction or has received deferred adjudication for a felony offense or a misdemeanor involving moral turpitude, the District may elect not to enter into this contract, or cancel the contract. WARNING: Section 44.034 of the Texas Education Code requires that a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony. The District may terminate this contract if the District determines that the person or business entity failed to give notice as required by Section 44.034 (a) or misrepresented the conduct resulting in the conviction. The District will compensate the person or business entity for services performed before the termination of the contract. CONFLICT OF INTEREST DISCLOSURE: pursuant to Chapter 176, Texas Local Government Code, vendors doing or seeking to do business with Northside ISD must submit a Conflict of Interest disclosure form if they have a business relationship as defined by Section 176.001(1-a) with a local government entity and meet the disclosure requirements of Section 176.006(a). A person commits an offense (Class C misdemeanor) if they knowingly violate Section 176.006, Local Government Code. The District's electronic Conflict of Interest Disclosure form can be found here: https://nisd.net/business/purchasing/ciq

https://nisd.net/business/purchasing/ciq


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CERTIFICATE OF INTERESTED PARTIES: Effective January 1, 2016 all contracts executed by the Northside ISD Board of Trustees’, regardless of the dollar amount, will require completion of Form 1295 "Certificate of Interested Parties", per the new Government Code Statute §2252.908. All vendors submitting a response to a formal Bid, RFP, SOQ or any contracts, contract amendments, renewals or change orders are required to complete the Form 1295 online through the State of Texas Ethics Commission website. Additional information can be found at: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm NORTHSIDE INDEPENDENT SCHOOL DISTRICT VENDOR CERTIFICATION FORMS: All vendors submitting a response to a formal Bid, RFP, SOQ or any contracts, contract amendments, renewals or change orders are required to complete the Forms listed on pages 59 through 65 of this document.

SUPPLIER DOCUMENT AUDIT AND INSPECTION/RECORD RETENTION: The District reserves the right to audit various Supplier documents as requested by the District. From time to time, the District may desire to audit certain Supplier documents to ensure compliance with the Agreement and/or proposal response. Some audits may include but are not limited to: checking Supplier’s invoices, authenticating the origin, Material Safety Data Sheet (MSDS), shelf life of products and/or other similar types of documents. The Supplier agrees to furnish the District, in a reasonable time at a mutually agreeable place, documents requested by the District to perform any such reviews or audits. NISD, or its authorized representative, shall be afforded unrestricted access to and permitted to inspect and copy all Supplier’s records, which shall include but not be limited to accounting records (hard copy as well as computer readable data), correspondence, instructions, drawings, receipts, vouchers, memoranda and similar data relating to this project. Supplier shall preserve all such records for a period of five (5) fiscal years or for such longer period as may be required by law, after final payment relating to this project. If this project is funded from contract/grant funds provided by the U. S. Government or the State of Texas, all documentation, including books, and records shall be available for review and audit by the Comptroller General of the U. S. and/or the Inspector General of the federal sponsoring agency, or the State of Texas and its duly authorized representatives.

CONFIDENTIAL AND PROPRIETARY INFORMATION: The District and the Supplier may provide technical information, documentation and expertise to each other that is either (1) marked as being confidential or, (2) if delivered in oral form is summarized in writing within 10 working days and identified as being confidential (“Confidential Information”). The receiving party shall for a period of five (5) years from the date of disclosure (i) hold the disclosing party’s Confidential Information in strict confidence, and (ii), except as previously authorized in writing by the disclosing party, not publish or disclose the disclosing party’s Confidential Information to anyone other than the receiving party’s employees on a need-to-know basis, and (iii) use the disclosing party’s Confidential Information solely for performance of this project. The foregoing requirement shall not apply to any portion of a party’s Confidential Information which (a) becomes publicly known through no wrongful act or omission on the part of the receiving party; (b) is already known to the receiving party at the time of the disclosure without similar nondisclosure obligations; (c) is rightfully received by the receiving party from a third party without similar nondisclosure obligations; (d) is approved for release by written authorization of the disclosing party; (e) is clearly demonstrated by the receiving party to have been independently developed by the receiving party without access to the disclosing party’s Confidential Information; or (f) is required to be disclosed by order of a court or governmental body or by applicable law, provided that the party intending to make such required disclosure shall notify the other party of such intended disclosure in order to allow such party to seek a protective order or other remedy.

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


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TEXAS PUBLIC INFORMATION ACT (TPIA): Supplier acknowledges that the District is subject to the Texas Public Information Act (TPIA). As such, upon receipt of a request under the TPIA, the District is required to comply with the requirements of the TPIA. Proposers must clearly and conspicuously mark any pages of their RFP response whey they feel are not subject to the TPIA as “PROPRIETARY AND CONFIDENTIAL.” In the event that the request involves documentation that the Supplier has clearly marked as confidential and/or proprietary, the District will provide the Supplier with the notices under the TPIA. Supplier acknowledges that it has the responsibility to file exceptions with the Texas Attorney General's Office on why the documents identified as confidential and/or proprietary fall within an exception to public disclosure. Supplier further acknowledges that pages of their RFP response not clearly marked as “PROPRIETARY AND CONFIDENTIAL” may be released as part of a TPIA request without notice to Supplier. WORK MADE FOR HIRE: All work resulting from this project shall be deemed “Work Made For Hire” as defined by the United States Copyright Law, and NISD retains sole ownership of all proprietary rights in and to all designs, engineering details and other data pertaining to any discoveries, inventions, patent rights, software, improvements and the like made by the Supplier’s personnel in the course of performing the work. STUDENT CONFIDENTIALITY: Supplier acknowledges that the District has a legal obligation to maintain the confidentiality and privacy of student records in accordance with applicable law and regulations, including, but not limited to the Family Educational Rights and Privacy Act (“FERPA”). Any student information provided to Supplier shall be provided in compliance with the requirements and exceptions outlined in FERPA. Supplier must comply with said law and regulations and safeguard student information. Supplier may not disclose student information to a third party without prior written consent from the parent or eligible student. Supplier must destroy any student information received from the District when no longer needed for the purposes of the Agreement.

INSURANCE: Unless otherwise agreed to by NISD, the Supplier shall carry insurance with responsible carriers acceptable to NISD rated A or better, by A.M. Best with minimum limits of liability coverage, as stated below, against claims for damages caused by bodily injury, including death, to employees and third parties, and claims for property damage. The Supplier shall furnish certificates of insurance (Acord Form) to NISD indicating compliance with this paragraph. With no intent to limit Proposer(s) liability or the indemnification provision set forth herein, the Proposer(s) shall provide and maintain certain insurance in full force and effect at all times during the term of this agreement and any extensions thereto. The insurance, at a minimum, must include the following coverage and limits of liability:

Coverage Limit of Liability Worker's Compensation and Employer's Liability Employer’s Liability or other alternative replacement or substitute coverage can be used in place of Worker's Compensation. Any proposal seeking to provide non-subscriber alternative to statutory Workers’ Compensation must be reviewed and approved by the District

Statutory for Worker's Compensation Bodily injury by accident $1,000,000 (each accident)

Commercial General Liability Bodily injury and property damage, combined limits of $1,000,000 each occurrence and $1,000,000 aggregate

Professional Liability

$1,000,000 each occurrence and $2,000,000 aggregate

Automobile Liability Insurance (Including employer's non-ownership and hire auto coverage)

$1,000,000 combined single limit per occurrence


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Form of Policies The insurance may be in one or more policies of insurance, the form of which must be approved by the District. Insured Parties Each policy, except those for Workers’ Compensation, Employer's Liability, and Professional Liability, must name the District (and it's elected and appointed officials, officers, agents and employees) as Additional Insured parties on the original policy and all renewals during the term of the Contract. Deductibles A policy may contain deductible amounts only if the District approves the amount and scope of the deductible. Proposer shall assume and bear any claims or losses to the extent of such deductible amount and waives any claim it may ever have for the same against the District, its officers, agents, or employees. Cancellation Each policy must expressly state that it may not be cancelled, materially changed, or non-renewed unless thirty (30) days advanced notice of cancellation is given in writing to the District by the insurance company. Proposer shall give written notice to the District within five (5) days of the date upon which total claims by any party against Proposer reduce the aggregated amount of coverage below the amounts required by the Contract. Subrogation Each policy must contain an endorsement to the effect that the issuer waives any claim or right in the nature of subrogation to recover against the District, its elected and appointed officials, officers, agents or employees. Endorsement of Primary Insurance Each policy must contain an endorsement that such policy is primary insurance to any other insurance available to the Additional Insured with respect to claims arising hereunder and that the insurance applies separately to each insured. Delivery of Policies All of the insurance required to be carried by Proposer hereunder shall be by policies that give thirty (30) days written notice to the District before they may be cancelled or materially changed. Within such thirty (30) day period, Proposer covenants that it will provide either suitable policy in lieu of those about to be cancelled or materially changed, so as to maintain in effect the coverage required. Failure or refusal of Proposer to obtain and keep in force the above required insurance coverage shall authorize the District, at its opinion, to terminate the Contract at once. TAXES: NISD is exempt from local, state and federal taxes. In the event that taxes are imposed on the goods and/or services purchased, the District will not be responsible for payment of the taxes. The Supplier shall absorb the taxes entirely. The District will supply tax exemption information upon request. INVOICES/PAYMENT: NISD standard payment terms are net 30 days after receipt of goods/services AND invoice. Supplier may offer the District a cash discount for payment of an invoice(s) with stated discount terms. Supplier’s invoices should be sent to: Northside Independent School District, Accounts Payable Department, 5900 Evers Rd., San Antonio, Texas 78238, unless otherwise specified. Invoices will be date and time stamped upon receipt in the Accounts Payable Department, and the cash discount, when applicable, will be calculated from the “receipt date” stamped on the invoice. Supplier’s invoices must contain the appropriate NISD Purchase Order number on the face of the invoice. Each line item on the invoice should contain the corresponding line item number shown on the Purchase Order. Invoices submitted without the correct Purchase Order number shown may be returned to the Supplier for correction. Corrected invoices will be subject to the same payment provisions as original invoices. Invoices should be provided to the District in a timely manner. Supplier is requested to invoice the District within 30 days of providing goods and/or services to the District. In the event a Supplier presents the District with invoices, statements, reports, etc. that are incomplete, inaccurate or in need of substantial internal research, such action could result in delay of payment. The District will not be responsible for any interest charges and/or late fees as a result of delayed payment due to time delays caused by inadequate or incomplete information provided in invoices by Supplier.


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BONDING: At the District discretion, Performance and Payment Bonds may be required on certain projects valued in excess of designated amounts for capital projects ($100,000 for Performance Bond, and $25,000 for Payment Bond). The District will determine the necessity of Performance and Payment Bond on a project by project basis. The Director of Purchasing will advise potential Proposers if a particular project requires bonding. GOVERNING LAW: Any agreement resulting from this RFP shall be governed by, construed and enforced in accordance with the laws of the State of Texas without regard to the conflicts or choice of law principles thereof. The parties irrevocably consent to the jurisdiction of the State of Texas, and agree that any court of competent jurisdiction sitting in the County of Bexar, State of Texas, shall be an appropriate place of venue, and shall be the sole and exclusive place of venue, to resolve any dispute with respect to the Agreement. RELATIONSHIP OF THE PARTIES: It is understood and agreed that the Supplier is a separate legal entity from NISD and neither it nor any employees, volunteers, or agents contracted by it shall be deemed for any purposes to be employees or agents of NISD. The Supplier assumes full responsibility for the actions of its personnel and volunteers while performing any services incident to the Agreement, and shall remain solely responsible for their supervision, daily direction and control, payment of salary (including withholding of income taxes and social security), workers’ compensation, disability benefits and like requirements and obligations. NO WAIVER OF IMMUNITY: The District does not waive or relinquish any immunity or defense on behalf of itself and its trustees, officers, employees, and agents as a result of entering into any agreement or contract relating to this project or by performing any of the functions or obligations relating to the project. Nothing in any agreement shall be constructed as creating any personal liability on the part of any trustee, officer, employee, or representative of NISD. No waiver of a breach of any provision of the contract and/or agreement shall be construed to be a waiver of any breach of any other provision. No delay in acting with regard to any breach of any provision shall be construed to be a waiver of such breach. INDEMNIFICATION: THE SUPPLIER SHALL INDEMNIFY, AND HOLD HARMLESS AND DEFEND NISD AND EACH OF IT’S RESPECTIVE PAST, PRESENT AND FUTURE OFFICERS, TRUSTEES, AGENTS, AND EMPLOYEES IN THEIR INDIVIDUAL AND OFFICIAL CAPACITIES, FROM AND AGAINST ALL CLAIMS, LOSSES OR DAMAGES, INCLUDING ATTORNEY’S AND EXPERT’S FEES, COURT COSTS AND EXPENSES INCURRED BY NISD AND IT’S OFFICERS, TRUSTEES, AGENTS AND EMPLOYEES, FOR INJURY, INCLUDING DEATH, TO PERSONS, OR DAMAGE TO OR DESTRUCTION OF PROPERTY, AND LAWSUITS, DEMANDS OR CAUSES OF ACTION OF WHATSOEVER KIND OR NATURE BASED UPON, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH ANY NEGLIGENT ACT, ERROR, OMISSION, MISREPRESENTATION, OR MISCONDUCT BY SUPPLIER AND ITS EMPLOYEES, OFFICERS, SUB-CONSULTANTS, OR AGENTS ARISING OUT OF OR IN CONNECTION WITH SUPPLIER’S PERFORMANCE OF THE AGREEMENT. All obligations as set forth in this paragraph shall survive the completion of or termination of the Agreement. It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligation, such legal limitations are made a part of the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligations shall continue in full force and effect. NOTICE: Any notice required to be given relating to the Agreement shall be in writing and shall be duly served when hand-delivered to the addressees set forth below, or shall have been deposited, duly registered or certified, return receipt requested, via the United States Postal Service, addressed to the other party at the following addresses: To: Supplier’s Contact Name and Address as listed in Form A To: Northside Independent School District Attn: George M. Ayala, Director or Purchasing 607 Richland Hills Dr. Suite 700 San Antonio, Texas 78245


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Any party may designate a different address by giving the other party ten (10) days prior written notice in the manner provided above. SECTION HEADINGS: The headings of sections and paragraphs contained in any document related to this project are for convenience only, and they shall not, expressly or by implication, limit, define, extend, or construe the terms or provisions relating to the project. THIRD PARTIES: Nothing relating to this project shall be deemed or construed to create any third party beneficiaries or otherwise give any third party any claim or right of action against NISD or the Supplier(s). Nothing in this RFP shall create a contractual relationship with or a cause of action in favor of a third party against either NISD or the Supplier. TERMINATION: The District reserves the right to terminate, without cause and for any reason, the Agreement resulting from this RFP upon thirty (30) calendar days prior written notice, or five (5) days prior written notice for cause. NISD also has the right to terminate the Agreement for convenience, without penalty, for non-appropriation or non-availability of funds by delivery to the Supplier of a "Notice of Termination" specifying the extent to which performance hereunder is terminated and the date upon which such termination becomes effective. In the event of termination prior to completion of the Project, compensation shall be prorated on the basis of work actually performed, and the Suplier shall only be entitled to receive just and equitable compensation for any satisfactory work completed up to the date of termination, unless otherwise mutually agreed upon by District and Suplier.

DEFECTIVE/NON-CONFORMING WORK: If, following seven (7) calendar days of a written notice to a Supplier identifying defective or nonconforming work, the Supplier or its subcontractors fail to correct such defective or nonconforming work, NISD may order the Supplier to stop further work, or any portion thereof, until the defect or nonconformance has been properly corrected by the Supplier or its subcontractors.

Should the Supplier not proceed with the correction of defective or non-conforming work within three (3) additional calendar days of NISD’s order to stop further work, as set forth above, NISD may cause the removal, repair or correction of the defective or nonconforming work and may charge all associated costs of the same to the Supplier. DEFAULT CONDITIONS: If the Supplier: (i) breaches any provision of the Agreement; (ii) becomes insolvent, enters voluntary or involuntary bankruptcy, or receivership proceedings, or makes an assignment for the benefit of creditors; or (iii) is in violation of any state or federal law (collectively, “event(s) of default”), NISD will have the right (without limiting any other rights or remedies that it may have in the Agreement or by law) to terminate the Agreement with five (5) days prior written notice to the Supplier. NISD will then be relieved of all obligations, except to pay the reasonable value of the Supplier’s prior performance, satisfactory to NISD (at a cost not exceeding the agreement rate and subject to any claims, costs and expenses incurred by NISD as a result of Supplier default). In the event of default, NISD is expressly authorized to obtain the goods or services that would have been provided by Supplier under this Agreement from an alternative source. The Supplier will be liable to NISD for all costs exceeding the Agreement price that NISD incurs in completing or procuring the services and goods as provided for in the Agreement. NISD’s right to require strict performance of any obligation in the Agreement will not be affected by any previous waiver, forbearance, or course of dealing. WARRANTIES: SUPPLIER EXPRESSLY WARRANTS THAT ALL THE GOODS AND SERVICES COVERED BY THE AGREEMENT RESULTING FROM THIS RFP WILL BE IN EXACT ACCORDANCE WITH THE REQUIREMENTS OF THE AWARD OF THE RFP AND RESULTING AGREEMENT AND FREE FROM DEFECTS IN MATERIALS AND/OR WORKMANSHIP. SUPPLIER EXPRESSLY WARRANTS MERCHANTABILITY FOR ALL GOODS PROVIDED PURSUANT TO THE RESULTING AGREEMENT. ALL WARRANTIES SHALL SURVIVE DELIVERY OF THE GOODS AND COMPLETION OF THE SERVICES, AND SHALL NOT BE DEEMED WAIVED EITHER BY REASON OF THE DISTRICT’S ACCEPTANCE OF SAID GOODS AND SERVICES OR BY PAYMENT FOR THEM. ANY DEVIATIONS FROM THE AGREEMENT, OR DESCRIPTIONS OR SPECIFICATIONS FURNISHED THEREUNDER, OR ANY OTHER EXCEPTIONS OR ALTERATIONS MUST BE APPROVED IN WRITING BY THE DISTRICT’S DIRECTOR OF PURCHASING.


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USE BY OTHER GOVERNMENT ENTITIES: The Texas Education Code 44.031 (a)(4) allows for government entitles, i.e. state agencies, local governments and school districts, to enter into cooperative agreements to allow the procurement process to be performed by a single entity on behalf of all those electing to participate. Any of the above entities may be granted the privilege of joining the awarded Agreement. In the event NISD allows another governmental entity to join the Agreement, it is expressly understood that NISD shall in no way be liable for the obligations of the joining governmental entity. UNENFORCEABLE SECTIONS: If any portion of this RFP or any Agreement is deemed to be unenforceable, the remainder of the RFP and Agreement shall be construed as if such unenforceable provisions had never been contained therein. SUBCONTRACTING: The Supplier shall not subcontract services provided in this RFP without prior written approval by NISD. WORK STOPAGE: In no event shall NISD be liable or responsible to the Supplier or any other person for or on account of, any stoppage or delay in work. HAZARDOUS MATERIALS: In the performance of the Supplier’s services, the Supplier shall not cause any release of Hazardous Substances, including asbestos, or contamination of the environment, including the soil, the atmosphere or any water course or ground water. Supplier shall be liable for any claims or damages resulting from such release of or exposures to any such substances as a result of the Supplier’s activities. BUSINESS ETHICS: During the course of the project awarded by this RFP, the Supplier will maintain business ethics standards aimed at avoiding real or apparent impropriety or conflicts of interest. No substantial gifts over $50, entertainment, payments, loans, or other considerations beyond that which may be collectively categorized as incidental shall be made to any employees or officials of NISD, its authorized agents and representatives, or to family members of any of them. At any time the Supplier believe there may have been a violation of this obligation, the Supplier shall notify NISD of the possible violation. NISD is entitled to request a representation letter from the Supplier, its subcontractors or vendors at any time to disclose all things of value passing from the Supplier, its subcontractors or vendors to NISD’s personnel or its authorized agents and representatives. BUSINESS CERTIFICATES/NISD TAXES: All individuals or entries entering into a contract with NISD must adhere to the following applicable Texas laws as they pertain to their individual type of ownership.

Corporations: (domestic [formed under Texas law] or foreign [formed under laws of another state]) shall be properly registered with the Texas Secretary of State and the Comptroller of Public Accounts as required by TITLE 34, Part 1, Chapter 3, Subchapter V, Rule 3.546 of the Texas Administrative Code. A current “Certificate of Good Standing” from the Texas Comptroller of Public Accounts shall be made available upon request stating that the corporation charter is current and all Texas Franchise Reports and taxes are paid. Partnerships and Joint Stock Companies, and Limited Liability Partnerships: (domestic [formed under Texas law] or foreign [formed under laws of another state]) shall be properly registered with the Texas Secretary of State in accordance with TITLE 105 – PARTNERSHIPS and JOINT STOCK COMPANIES, CHAPTER ONE- PARTNERSHIPS, LIMITED PARTNERSHIPS, TEXAS REVISED PARTNERSHIP ACT, Article 6132a-1, “Texas Revised Limited Partnership Act. All partners in a partnership must file a “Certificated of Limited Partnership” with the secretary of state, which shall be made available for inspection upon request. Entities whether, Corporate, Partnership, or Sole Owner must be current on NISD Property Taxes: If commercial personal property is located within NISD’s jurisdiction, current renditions of these properties must be filed with the Chief Appraiser, as required by Chapter 22k Section 22.01 of the Texas “PROPERTY TAX CODE”.


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ATTORNEY FEES: In connection with NISD’s defense of any suit against it and/or NISD’s prosecution of any claim, counterclaim or action to enforce any of its rights and/or claims related to this RFP or any agreement, in which NISD prevails as to all or any portion of its defense(s), claims, counterclaims or actions, NISD shall be entitled to recover its actual attorney’s fee and expenses incurred in defending such suit and/or in prosecuting such claim or action.


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SECTION 3 SCOPE OF WORK, SPECIFIC CONDITIONS AND QUESTIONS 3.1 SCOPE OF WORK: At minimum, the District is seeking the following goods and/or services to be provided by the Supplier(s): 3.1.1The Northside Independent School District (“NISD” and/or the “District”) is soliciting proposals from qualified suppliers to provide a consistent level of vending services for snacks at reasonable prices to NISD students, staff, and faculty or other vending services that may be determined at a future date. The purpose of this RFP is to select one or more suppliers to furnish vending machine services for snack products to District schools, offices, and departments. The selected supplier(s) will furnish full service vending by providing the equipment, product, and services required for a complete vending machine operation. In consideration of allowing the awarded supplier(s) access to NISD's schools, offices and departments, the awarded supplier(s) agree to pay a commission percentage of the gross sales to NISD's schools and departments. The awarded supplier will provide snack-type food products of high quality, leading brands that meet the USDA Smart Snacks in Schools Regulations and those offering the highest gross commissions or other vending services that may be determined at a later date. All packaged items must meet USDA Smart Snacks in Schools Regulations when located in schools; Only where students will purchase. NISD will provide school, office, or departmental representatives for scheduling and communication interface, but will not be involved in the operation, restocking, collection, or servicing of the vending equipment. 3.1.2 All awarded supplier(s) shall comply with all local, city, county, state, and federal regulations and laws pertaining to the USDA Smart Snack in Schools Regulations and vending service operation. Including, not limited to the District Wellness Policy and NISD‘s local policies. 3.1.3 All awarded suppliers will comply with whatever current policy is required, and any changes implemented in the future. Any questions or concerns regarding the USDA Smart Snacks in Schools regulations and food items and drinks sold at schools, may be directed to:

Texas Department of Agriculture Food and Nutrition Division

PO Box 12847 Austin, Texas 78711

(888) TEX-KIDAS [email protected]

3.2 SPECIFIC CONDITIONS: 3.2.1 See Form F for Price Schedule 3.2.2 See Form J for Product Specifications for HealthierUS School Challenge requirements 3.3 SPECIFICATIONS: 3.3.1 Equipment— The successful vending supplier will be expected to furnish “state of the art” new or like new machines. All machines are to be the change making type equipped with electronic coin changers. The machines shall accept coins and/or paper currency. All machines are to be equipped with a plexiglass front. No glass of any type will be permitted. If special “vandal proofing” is needed for some machines, it will be at the expense of the supplier. To expedite audit procedures, all vending machines must have built in electronic cash accountability systems.


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3.3.2 Minimum Equipment Installation per Site—NISD expects the vending services supplier(s) for snacks to provide at lease one machine per school, office, or department upon request. All vending locations will be coordinated through the Food Service department with the placement done by authorized school personnel. 3.3.3 Additional Equipment—the successful supplier(s) will be expected to provide additional machines, as requested by new locations added to assigned regions, with the understanding that the percentage of commission for these new locations will be the same as the contract percentage. 3.3.4 Promotional Activities—If promotional activities are planned, please provide a detailed overview of proposed activities, including levels of awards, gifts, merchandise, clothing, scholarships, cash, or any other type value to be offered. 3.3.5 Phase-In Period—the awarded supplier(s) will be expected to begin installation of equipment on the first day of the contract period. All equipment requested by district representatives should be in place and operating within 30 days. 3.3.6 Minimum Service Requirements—Awarded supplier(s) will be required to service each machine at least twice a month. Refunds must be reconciled not less than twice a month. 3.3.7 Method of Payment—Each school is to receive a commission check payable to ―NISD-Food Service‖ for the previous month‘s activity with a break-down of commissions by machine and location for each school. The monthly commission check for NISD‘s offices and departments is to be made payable to ―NISD Food Service‖ for the previous month‘s activity for all office/department locations. 3.3.7.a The check is to be sent to the attention of the Accounting office located at 5900 Evers Rd. San Antonio, Texas 78238. An allocation report is to accompany each check. The report will be broken down by Office/Department, and then by machine and location of each site. Commissions must be received no later than thirty days after the close of any month. Deductions from commission checks are not authorized under any circumstances, for any reason. Note: If vending commission is late (over 30 days), the District will assess a late fee of 10% of the commission amount past due. 3.3.8 Reporting—Monthly summary reports, one for the schools and one for offices/departments, must be received not later than thirty days after the close of any month. The reports are to be sent to the attention of Tamara Payne, Assistant Director of Accounting, at 5900 Evers Rd. San Antonio, Texas 78238. 3.3.8 The school report is to be broken down by school, and then by machine number and location. The report is to show gross sales to date, gross sales for that month, total commissions to date, commissions for that month, check # issued, and date check issued. 3.3.9 The office/department report is to be broken down by name of office/department and then by machine number and location. The report is to show gross sales to date, gross sales for that month, total commissions to date, and commissions for that month. The report is to also note the date and the number of the check issued. 3.3.10 Audits—NISD shall have the right to audit, either directly or through a third party, supplier(s) accounting records and physical meter readings. 3.3.11 Cancellation Clause—NISD reserves the right to cancel the award and terminate Supplier(s) services without cause upon thirty (30) written notice and with cause upon five (5) written notice. Reasons for cancellation with cause shall include but shall not be limited to:

1. Failure to furnish commission reports or commission checks within thirty days following the close of service for any month. 2. Failure to provide minimum twice a month vending machine service. 3. Failure of service technician to reimburse School or Office/Department lost monies due to defective operation of vending machine on two consecutive visits. 4. Failure to repair or replace a defective vending machine within ten (10) business days from date of original report of vending machine breakdown.


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5.Failure to report installation, transfer, removal for repair, or termination of individual vending machine(s) to the Food Services Compliance Officer within thirty days of such activity.

3.3.12 Awarded vendor assumes complete and full responsibility for all products sold from their vending machines on NISD premises being compliant with TDA guidelines during the times they are being sold throughout the school day. Awarded vendor will be held monetarily responsible for any loss of funding from TDA as a direct result of any non-compliant product being sold from their vending machine on NISD premises. It is the Awarded vendor‘s complete and full responsibility to remain current with any and all changes as they occur pertaining to the sale products from their vending machines on NISD premises throughout the length of the bid contract. 3.4 COST: Supplier shall provide a 30-day written notice of any price changes during the term of the Agreement and provide supporting manufacturer and/or distributor documentation to support such price adjustments. The Northside Independent School District (“NISD” and/or the ―District‖) is soliciting proposals from qualified suppliers to provide a consistent level of vending services for snacks at reasonable prices to NISD students, staff, and faculty or other vending services that may be determined at a future date. The purpose of this RFP is to select one or more suppliers to furnish vending machine services for snack products to District schools, offices, and departments. the selected supplier)s) will furnish full service vending by providing the equipment, product, and services required for a complete vending machine operation. In consideration of allowing the awarded supplier(s) access to NISD's schools, offices and department's, the awarded supplier(s) agree to pay a commission percentage of the gross sales to NISD's schools and departments. The awarded supplier will provide snack-type food products of high quality, leading brands that meet the HealthierUS School Challenge (HUSSC) and those offering the highest gross commissions or other vending services that may be determined at a later date. All packaged items must meet HUSSC Gold Award of Distinction Standards when located in schools. The HUSSC guidelines can be found at: http://teamnutrition.usda.gov/HealthierUS/2012criteria_chart.html NISD will provide school, office, or departmental representatives for scheduling and communication interface, but will not be involved in the operation, restocking, collection, or servicing of the vending equipment. All awarded supplier(s) shall comply with all city, country, state, or federal regulations and laws pertaining to the vending service operation. Included also is the Texas Public School Nutrition Policy, the federally funded including, but not limited to the District Wellness Policy. National School Lunch/Breakfast/After School Snack Program and NISD‘s local policy. On August 1, 2004, the Texas Department of Agriculture (TDA) issued the Texas Public School Nutrition Policy (TPSNP) to promote a healthier environment in schools. It mandated that all Texas public schools participating in the federal child nutrition programs (National School Lunch Program, School Breakfast Program and the After School Snack Program) much comply with the policy. All awarded suppliers will comply with whatever current policy is required, and any changes implemented in the future. Any questions or concerns regarding the Texas Public School Nutrition Policy may be directed to:

Texas Department of Agriculture Food and Nutrition Division

PO Box 12847 Austin, Texas 78711

(888) TEX-KIDAS [email protected]


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SPECIFIC CONDITIONS: NISD intends to select a supplier to provide Snack Vending Machines & Services based on the following:

SPACE, ENVIRONMENTAL and POWER REQUIREMENTS

NISD has a limited amount of available space, power and HVAC. Vendors must provide accurate information regarding the space, environmental and power requirements for the vending and dispensing equipment proposed.

Does your response include Energy Star Certified vending machines yes no

The District may require certain vending machines to be inoperable by students during certain times. Do your vending machines have timers that would render the machines unusable for certain periods of time? yes no

Space, Environmental and Power Requirements Worksheet

How much floor space is required? How much wall space is required? How is the equipment mounted? What are the dimensions and clearance requirements of the equipment? Height X Weight X Depth Clearance requirements What is the weight and floor loading of the proposed equipment? Total Weight Floor Loading (lb/sq ft) What are the power requirements? Voltage / Frequency / Current Power Do the vending machines require external power surge protection?

Define the battery back up or UPS systems as proposed.

What are the HVAC / Environmental requirements? Temperature / Humidity range Maximum heat dissipation


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WARRANTY, MAINTENANCE AND SERVICE OPTIONS

All equipment purposed to be installed by the vendor must be neat in appearance and in excellent operation condition. Furthermore, uniformity of height, width, exterior surfaces, etc. shall be required whenever practical. The successful vendor shall install service and maintain all vending machines. The Northside Independent School District will maintain the right to have the vendor relocates, removed or add additional vending machines at no cost to the District. Vendors are encouraged to provide “ENERGY STAR” certified vending machines and will be required to remove all machine background lighting from all vending machines.

Please detail your company’s Warranty, Maintenance and Service Options for vendor provided equipment.


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PROJECT PLAN/ DEPLOYMENT TIMELINES

Planning and associated time lines are important factors in the selection of a vending vendor. A project plan shall be included and will be evaluated. The Vendor shall develop a Project Plan with dates and resources shown to project common time lines for the deployment of vending machines. The Project Plan shall include information on the following and any other areas needed to be considered to successfully implement the deployment and initial filling of vending machines.

• Outline of the project work plan • Organization Chart (District and Vendor staff) • Recommendation for District roles and responsibilities • Project Communications

In addition to the information required, sample plans/documents are highly desired.


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EVALUATION FACTORS: The evaluations committee will conduct a comprehensive, fair and impartial evaluation of all proposals received in response to this RFP. Each proposal received will be analyzed to determine overall responsiveness and completeness as defined in the scope section and in the instructions on submitting a proposal. Failure to comply with the instructions or to submit a complete proposal may deem a proposal non-responsive and may at the discretion of the Director of Purchasing be eliminated from further evaluation. The Director of Purchasing’s decision is final. If the evaluation committee has reasonable grounds to believe that the proposer with the highest ranking score is unable to perform the required services to the satisfaction of NISD, NISD reserves the right to make an award to another proposer who in the opinion of the evaluation committee would offer NISD the best value. Some indicators (but not a complete list) of probable supplier/proposer performance concerns are: past supplier performance; the proposer’s financial resources and ability to perform; the proposer’s experience or demonstrated capability and responsibility; and the supplier’s ability to provide a reliable on-going business relationship and the maintenance of on-going agreements and support. Criteria #

Criteria Description Weighted Value

1 the purchase price 30% 2 the reputation of the Proposer and of the Proposer’s goods or

services 5%

3 the quality of the Proposer’s goods or services 10% 4 the extent to which the goods or services meet the District's needs 20% 5 the Proposer’s past relationship with the District 10% 6 the impact on the ability of the District to comply with laws and rules

relating to historically underutilized businesses

0% 7 the total long-term cost to the District to acquire the Proposer’s

goods or services

10% 8 for a contract for goods and services, other than goods and services

related to telecommunications and information services, building construction and maintenance, or instructional materials, whether the vendor or the vendor's ultimate parent company or majority owner: (A) has its principal place of business in this state; or (B) employs at least 500 persons in this state

0% 9 Any other relevant factor specifically listed in the RFP 15% 10 Total 100%

Texas Department of Agriculture–June 28, 2017

Competitive Food Nutritional Standards 20.2


Attachment 1

Copyright Waiver for RFP Responses [DATE] Northside Independent School District Support Services Center 607 Richland Hills Drive, Suite 700 San Antonio, Texas 78245 Attention: Mr. George M. Ayala, Director Purchasing and Warehouse REF: NISD RFP #2019-043 Dear Mr. Ayala: This letter constitutes a limited license to use certain materials copyrighted by the undersigned. We understand that the Northside Independent School District (“NISD”) is a not-for-profit public school district. We understand that the Copyrighted Material identified below is being submitted to NISD as part of a response to the identified Request for Information (RFP). We further understand that the NISD may reproduce responses, in part or in whole, for review by the NISD’s appointed review committee or other District personnel based upon need. Source of Copyrighted Material: Copyrighted Material to be submitted to NISD: Submitter(s): RFP Doc.-Title & No. NISD RFP #2019-043, Snack Vending Machines & Services We hereby grant NISD the right to make an unlimited number of copies of the Copyrighted Material as part of the NISD review process. We hereby grant each NISD review committee member the limited right to make up to five (5) copies of the Copyrighted Material for review purposes only as part of the NISD review process. Regards,




Attachment 2

Section 20, Competitive Food Nutrition Standards

Section 20 Update Guide

June 28, 2017 Updated Section 20, Competitive Food Nutrition Standards to update the calories allowed for Other Beverages per 8 fluid ounces offered at the high school level and to provide information on 100% juiced products.

September 23, 2016 Updated Section 20, Competitive Food Nutrition Standards to incorporate the following guidance:

- National School Lunch Program and School Breakfast Program: Nutrition Standards for All Foods Solid in School as Required by the Healthy, Hunger-free Kids Action of 2010, Final Rule for 7 CFR Parts 201 and 220, Federal Register, Vol 81, No. 146 (July 29, 2016)

Clarified information on the following topics: - Combination Foods - Entrée items - Exempt entrée criteria - Fundraisers - Grain product - Resources

August 26, 2015 Updated Section 20, Competitive Food Nutrition Standards to incorporate the following guidance:

- Title 4. Agriculture, Part 1. Texas Department of Agriculture, Chapter 26. Food and Nutrition Division, Subchapter A. Texas School Nutrition Policies

- USDA Memo, SP 23-2014 (v. 3), Questions and Answers Related to the “Smart Snacks” Interim Final Rule (March 31, 2015)

Clarified information on the following topics: - Alliance Product Calculator - Beverages sold to high school students - Child nutrition (CN) labels - Combination foods - Dairy products - Extended traditional National School Lunch Programs (NSLP) or School

Breakfast Programs (SBP) - Food or beverages given to students - Fundraisers - Fruit or vegetable juice - Non-traditional grain products - Nutrient values - Records retention - School campus - Smoothies




February 9, 2015 Updated Section 20, Competitive Food Nutrition Standards to incorporate the following guidance:

- USDA Factsheet Fundraisers and Smart Snacks: Foods Not Intended for Consumption at School (January 9, 2015)

- Title 4. Agriculture, Part 1. Texas Department of Agriculture, Chapter 26. Food and Nutrition Division, Subchapter A. Texas School Nutrition Policies

- USDA Memo SP 11-2015, CN Labels Copied with a Watermark (November 26, 2014)

- USDA Memo TA 07-2010 (v.3), Guidance for Accepting Processed Product Documentation for Meal Pattern Requirements (November 26, 2014)

- USDA Memo SP 63-2014, Smart Snack Standards for Exempt Foods When Paired Together (September 11, 2014)

Clarified information on the following topics: - Accompaniments and condiments - Alliance calculator - Circumstances in which Competitive Food Nutrition Standards apply - Classroom funds - CN labeling - Deep fat frying - Entrée criteria - Exemptions from Competitive Food Nutrition Standards - Food not intended to be consumed on the school campus - Fried foods - Fruit concentrate and fruit concentrate puree - Fruit juice - Fundraisers - Records retention, including for concession stands or other events - School day - School campus - Time and place restrictions as defined by Texas Administrative Code,

including Alternative Time and Place Restrictions and Standard Time and Place Restrictions




August 1, 2014 Updated Section 20 Competitive Food Nutrition Standards to incorporate the following United States Department of Agriculture (USDA) memos and guidance:

- Texas Administrative Code (TAC), Title 4 Agriculture, Part 1 Texas Department of Agriculture, Chapter 1 General Procedures, § 26.10, § 26.12 (June 26, 2014)

- USDA Memo, SP 23-2014 (v. 2), Questions and Answers Related to the “Smart Snacks” Interim Final Rule (June 5, 2014)

- USDA Memo SP 40-2014, Smart Snacks Nutrition Standards and Culinary Education Programs (April 22, 2014)

- USDA Memo SP 36-2014, Smart Snacks Nutrition Standards and Exempt Fundraisers (April 17, 2014)

- USDA Memo SP 35-2014, Grain Entrees Related to the Smart Snacks in School Standards (April 17, 2014)

- USDA Memo Consolidated Appropriations Act Report Language on Waivers for School Breakfast and Smart Snacks (March 21, 2014)

- USDA Notification, Alliance Smart Snacks Calculator for Food Sold to Students in Schools (February 24, 2014)

- Interim Final Rule, National School Lunch Program and School Breakfast Program: Nutrition Standards for All Foods Sold in School as Required by Healthy, Hunger-Free Kids Act of 2010 (June 28, 2013)




Table of Contents Four Competitive Food Nutrition Standards .................................................................. 20.8

Beverage Standards for Competitive Foods (Beverage Standards) ............................................... 20.8 General Food Nutrition Standards for Competitive Foods (General Food Nutrition Standards) ...... 20.8 Nutrient Standards for Competitive Foods (Nutrient Standards) ..................................................... 20.8 Entrée Criteria for Competitive Foods .............................................................................................. 20.8

Definitions for This Section ............................................................................................ 20.9 When Competitive Food Nutrition Standards Apply ........................................... 20.12

Definition for Transactions that Constitute a Sale .......................................................................... 20.12 Food and/or Beverages Given to Students .................................................................................... 20.12 Food and/or Beverages Purchased with Classroom Funds .......................................................... 20.13 Food and/or Beverages Purchased with Tickets or Tokens Given as a Reward .......................... 20.13 School Day ..................................................................................................................................... 20.13 School Campus .............................................................................................................................. 20.14

Exceptions to the Competitive Food Nutrition Standards ...................................... 20.14 Accommodating Students with Special Needs .............................................................................. 20.14 Competitions and Other Events ..................................................................................................... 20.14 Food and/or Beverages Brought from Home or Food Given to Students ...................................... 20.14 Food and/or Beverages Ordered and Paid for Off Campus .......................................................... 20.15 School Nurses ................................................................................................................................ 20.15 Supporting Students’ Nutritional Needs Outside of the School Day .............................................. 20.15

Fundraisers ................................................................................................................. 20.15 Exempt Fundraisers ....................................................................................................................... 20.16 Food Sold During the School Day Not Intended for Consumption in Schools ............................... 20.16 Concession Stands or Other Events Where Food and/or beverages Are Sold During the School Day ..................................................................................................................................... 20.16

USDA’s Competitive Food Nutrition Standards ........................................................... 20.17 Entrée Items for Competitive Foods ..................................................................... 20.18 Combination Foods for Competitive Foods ......................................................... 20.19 Special Situations, Combination Foods or Foods Served As a Unit ................. 20.19

Two Items Packaged Together ...................................................................................................... 20.19 Yogurt ............................................................................................................................................. 20.20

Exempt Entrée Items ................................................................................................... 20.20 Exempt Lunch Entrée..................................................................................................................... 20.20 Exempt Breakfast Entrée ............................................................................................................... 20.20

Nutrient Standards, Calculation of Fat and Sugar Nutrient Values .............................. 20.21




Alliance Product Calculator Accuracy ............................................................................................ 20.21

Calculating Calories from Total Fat and Saturated Fat ......................................... 20.22 Calories from Total Fat................................................................................................................... 20.22 Percentage of Calories from Saturated Fat Per Serving ............................................................... 20.23 Calculating Percentage of Sugar Per Serving ............................................................................... 20.23 Sodium ........................................................................................................................................... 20.24

Items Exempt from Competitive Food Nutrition Standards .......................................... 20.24 Combination Foods ........................................................................................................................ 20.24 Fruits and Vegetables .................................................................................................................... 20.24 Paired Exempt Foods..................................................................................................................... 20.25 Proteins .......................................................................................................................................... 20.25 Other Items .................................................................................................................................... 20.25

Special Situations, Food and Beverage Items ............................................................. 20.25 Accompaniments or Condiments ................................................................................................... 20.26 Caffeinated Beverages .................................................................................................................. 20.26 Cheese and Crackers .................................................................................................................... 20.27 Coffee and Tea, High School Only ................................................................................................ 20.27 Culinary Education Programs ........................................................................................................ 20.27 Dairy, Milk Beverages .................................................................................................................... 20.27 Fruit Concentrate ........................................................................................................................... 20.28 Fruit Juice Labeled 100% Juiced ................................................................................................... 20.28 Frozen Fruit Product ...................................................................................................................... 20.28 Non-traditional Grain Products ....................................................................................................... 20.29 Popcorn .......................................................................................................................................... 20.29 Salad .............................................................................................................................................. 20.29 Side Dish from Reimbursable Meal ............................................................................................... 20.30 Smoothie ........................................................................................................................................ 20.30 Soy Products .................................................................................................................................. 20.31 Yogurt with Fruit ............................................................................................................................. 20.31

TDA Resources ........................................................................................................... 20.31 Records Retention ................................................................................................. 20.31

Documentation for Competitive Foods .................................................................. 20.32 Alliance Calculator Tool ................................................................................................................. 20.32

Documentation or Records for Concession Stands or Other Events Where Food and/or Beverages Are Sold During the School Day on the School Campus ............................................ 20.33

Compliance ................................................................................................................. 20.34




Table of Contents Information Boxes and Charts Information Box 1, Common Nutriton Measurement Abbreviations ........................................................ 20.17 Competitive Food Nutrition Standards Chart .......................................................................................... 20.17

Beverage Standards ......................................................................................................................... 20.17 General Food Nutrition Standards .................................................................................................... 20.18 Nutrient Standards ............................................................................................................................ 20.18

Combination Food Criteria for Competitive Foods Chart ........................................................................ 20.19 Sample Nutrition Fact Label .................................................................................................................... 20.22 Percentage of Calories from Total Fat Per Serving Calcuation Chart .................................................... 20.22 Percentage of Calories from Saturated Fat Per Serving Calcuation Chart ............................................. 20.23 Percentage of Sugar by Weight Per Serving Calcuation Chart .............................................................. 20.23 Calculation Accompaniment Nutrient Value Chart .................................................................................. 20.26 Information Box 2, Records Retention .................................................................................................... 20.31




Contact Information for the Texas Department of Agriculture (TDA), Food and Nutrition

When contacting TDA by phone, Contracting Entities (CEs) need to have their CE Identification Number (CE ID) (and site ID if applicable). CEs should include their name and CE ID (and site name and ID if applicable) in all communication or documentation.

Physical Address Mailing Address 1700 N. Congress, 11th Floor, Austin, TX 78701 PO Box 12847, Austin, TX 78711-2847

Phone Fax 877-TEXMEAL, (877) 839 -6985 (888) 203-6593

Website Email Contact www.squaremeals.org [email protected]

Email Contact for Issues Related to Applications

National School Lunch Program, School Breakfast Program, & Special Milk Program [email protected]

Fresh Fruit and Vegetable Program [email protected]

Seamless Summer Option: [email protected]

Child & Adult Care Food Program [email protected]

Summer Food Service Program [email protected]

Email Contact for CE Flexibility Options

Grains and Milk Exemptions, Milk Substitute Notifications [email protected]

Breakfast Waiver, Seamless Summer Operation (SSO) Age/Grade Waiver, Summer Mandate, Paid Lunch Equity (PLE) Exemption

[email protected]

Email Contact for Issues Related to Program Operation :

Commodity Operations [email protected]

Community Operations (Child and Adult Care Food Program and Summer Food Service Program) [email protected]

Local Products [email protected]

Procurement [email protected]

School Operations (National School Lunch Program and School Breakfast Program) [email protected]

http://www.squaremeals.org/

















Competitive Food Nutrition

Standards The Competitive Food Nutrition Standards guidance in this section applies to all contracting entities (CEs)1 operating the National School Lunch Program (NSLP) and School Breakfast Program (SBP) in which food and/or beverage items are sold to students during the school day on a school campus that are not part of a reimbursable meal. The Competitive Food Nutrition Standards are also called Smart Snacks or the competitive rule. For guidance on the dietary specifications that apply to reimbursable meals, see the Administrator’s Reference Manual (ARM), Section 8, Breakfast and Section 9, Lunch.

A competitive food is defined as

Foods and/or beverages sold to students that compete with the school’s operation of the NSLP and/or SBP. This definition includes, but is not limited to, food and/or beverages sold a la carte in a meal service line, in vending machines, in school stores, or as part of fundraisers.

Four Competitive Food Nutrition Standards CEs that sell food and/or beverages that are not part of a reimbursable meal during the school day on the school campus—competitive foods— must use the following Competitive Food Nutrition Standards.

Beverage Standards for Competitive Foods (Beverage Standards) A set of criteria that establish beverage types, sizes, and nutrient values to ensure that students are able to purchase healthy beverages.

General Food Nutrition Standards for Competitive Foods (General Food Nutrition Standards)

A set of general characteristics for food items sold—type of food item and nutritional values for the food item—that determine if a food item is allowable as a competitive food.

Nutrient Standards for Competitive Foods (Nutrient Standards) A set of nutritional values for calories, saturated or trans fats, sodium, and sugar that determine if food items can be sold under the competitive rule.

Entrée Criteria for Competitive Foods A set of criteria that establish the Competitive Food Nutrition Standards for entrée items.

1 For some requirements, residential child care institutions (RCCIs) may not be required to follow the regulation described. In those instances, the exception will be noted in the guidance or in a footnote.




Definitions for This Section For this section, the following terms will be used:

A La Carte

Individually priced food and/or beverage items sold during the meal service by the school nutrition program. These items may or may not be included in a reimbursable meal.

Beverage Standards for Competitive Foods (Beverage Standards)

A set of criteria that establish beverage types, sizes, and nutrient values for competitive foods in NSLP and SBP to ensure that students are able to purchase healthy beverages. These standards apply to sites operating NSLP and SBP. These standards do not apply to the dietary specifications required for a reimbursable meal.

Child Nutrition Labels (CN Labels)

A USDA program working directly with commercial food processing firms and in cooperation with agencies of USDA and the United States Department of Commerce (USDC) to provide standardized food crediting statements on product labels. See Administrator’s Reference Manual (ARM), Section 24. Child Nutrition (CN) Labeling and Product Documentation for more information on this topic.

CN Label

Product label that contains a statement that clearly identifies the crediting contribution that the product makes toward the meal pattern. CN labels also provide ingredient information needed to assess whether items meet the Competitive Food Nutrition Standards.

Combination Food

Products that contain two or more components representing two or more of the recommended food groups: fruit, vegetable, dairy, protein, or grains.

Competitive Food (Includes Both Food and Beverages)

Foods and/or beverages sold to students that compete with the school’s operation of the NSLP and/or SBP. This definition includes, but is not limited to, food and/or beverages sold in a meal service line, in vending machines, in school stores, or as part of fundraisers.

Competitive Food Nutrition Standards (Also Called Smart Snacks and Competitive Food Rule)

Standards established by USDA to ensure that students are able to purchase healthy meals and snacks. There are four types of Competitive Food Nutritional Standards: beverage standards, exempt entrée criteria, general competitive food standards, and Nutrient Standards for food and beverage items. These standards apply to food sold at any sites operating NSLP and SBP. These standards do not apply to the dietary specifications required for a reimbursable meal.

Competitive Food Rule

Another term used in reference to the Competitive Food Nutrition Standards for foods sold during the school day on the school campus that are not part of the reimbursable meal. The Competitive Food Nutrition Standards are based on the Recommended Dietary Allowance (RDA) which is designed to help consumers use food label information to plan a healthy diet.

Daily Value (DV) The percentage of a nutrient provided in a food product based on the recommended dietary allowance (RDA).




DGA

Dietary Guidelines for Americans, a set of science-based recommendations for Americans two years and older that have been used by USDA to establish dietary specifications, nutrition standards and policies for breakfast, lunch, snacks, and competitive foods under NSLP and SBP.

Entrée Item

An item that is intended to be a main dish and is either 1. A combination food of meat/meat alternate and whole grain

or 2. A combination food of vegetable or fruit and meat/ meat alternate

or 3. A meat or meat alternate alone with the exception of yogurt, low-fat or

reduced fat cheese, nuts, seeds and nut or seed butters, and meat snacks (such as dried beef jerky);

or 4. A grain only, whole-grain rich entrée that is served as the main dish of the

SBP reimbursable meal.

Exempt Entrée Criteria for Competitive Foods

A set of criteria used to identify exempt entrée items under the Competitive Food Nutrition Standards served a la carte on the same day that an entrée item served as a main dish is

included on the planned menu as part of reimbursable meal or

the next operating day after the entrée item served as a main dish is included on the planned menu as part of reimbursable meal.

An exempt entrée item must be in the same serving size or smaller than the entrée item offered in the NSLP or SBP reimbursable meal.

Exempt Fundraiser

A fundraising event where the Competitive Food Nutrition Standards do not apply. Each campus may have up to six exempt fundraising days per year. Food and beverage items sold for exempt fundraisers cannot be sold in competition with school meals in the food service area during the school meal service.

Food Buying Guide for School Nutrition Programs (FBG)

USDA resource which contains information to assist CEs in determining (1) the number of serving portions for specific products and (2) whether a product fulfills the requirements for a designated food component.2

Fruit or Vegetable Juice

Beverages labeled as containing 100 percent fruit or vegetable juice. The U.S. Food and Drug Administration (FDA) requires beverage labels for products that contain juice to include a percentage of juice stated on the product carton. If the label states that the product is 100 percent juice, the juice product meets the 100 percent juice requirement.

2 Available at www.fns.usda.gov/tn/foodbuying-guide-child-nutrition-programs

http://www.fns.usda.gov/tn/foodbuying-guide-child-nutrition-programs




Fundraisers

Activities where food or nonfood items may be sold by school administrators or staff, students or student groups, parents or parent groups, or any other person, company or organization to raise money for school or non-school needs. For more information, see the definition for exempt fundraiser.

General Food Nutrition Standards for Competitive Foods (General Food Nutrition Standards)

A set of general characteristics for food items sold that are based on the food item type and nutritional values—these characteristics determine if a food item is allowable as a competitive food. These standards apply to food sold at any sites operating NSLP and SBP. These standards do not apply to the dietary specifications required for a reimbursable meal.

Local Wellness Policy

A set of policies established by the CE to establish goals for nutrition education, physical activity, and other school-based activities that promote student wellness, as well as nutrition guidelines to promote student health and reduce childhood obesity for all foods available on each school campus. Local wellness policies must be approved by the local school board or governing board for the CE.

Main Food Group Categories

Four food groups designated by USDA as the main categories of food under the Competitive Food Nutrition Standards: protein, dairy, fruit, and vegetables. In USDA guidance this term is sometimes called the Non-grain Main Food Groups.

Nutrition Fact Label

The U.S. Food and Drug Agency (FDA) label that is added to food and beverage products to provide information about the product’s crediting contribution and nutritional profile.

Nutrient Standards for Competitive Foods (Nutrient Standards)

A set of nutrient values for calories, saturated or trans fats, sodium, and sugar that determine if food items can be sold under Competitive Food Nutrition Standards for sites operating NSLP and SBP.

Nutrient Values for Competitive Foods (Nutrient Values)

Amount of calories, fat (including total fat, saturated fat, and trans fat), sodium, and sugar in a food and/or beverage. These values establish the nutrient standards for allowable food and/or beverages under the Competitive Food Nutrition Standards for sites operating NSLP and SBP. These standards do not apply to the dietary specifications required for a reimbursable meal.

Product Formulation Statement

Also called the product analysis sheet or manufacturer’s product statement, documentation that provides product specific information on the product’s potential crediting contribution toward meal pattern or Competitive Food or Beverage Nutritional Standards.

Protein Food Term used in Competitive Food Nutrition Standards for food items high in protein such as meat, beans, poultry, seafood, eggs, nuts, and seeds.

Recommended Dietary Allowance (RDA)

The average amount of a nutrient that is recommended for a person in generally good health in a 24-hour period, used to establish the Nutrient Standards and dietary specifications for breakfast, lunch, snacks, and competitive foods for sites operating NSLP and SBP.

School Campus Under the Competitive Food Nutrition Standards, all areas of the property under the jurisdiction of the school that are accessible to students during the school day.




School Day

The period from the midnight before the beginning of the official instructional day to 30 minutes after the end of the official instructional day.

(NOTE: The school day requirement does not include the afterschool meal and snack programs, events, or other activities as long as food service for these activities does not occur during the 30 minutes after the end of the official instructional day.)

School Meals

Meals provided under the school nutrition program for which schools receive reimbursement in accordance with all applicable federal regulations, policies, instructions, and guidelines.

Smart Snacks

Another term used in reference to the Competitive Food Nutrition Standards for foods sold during the school day on the school campus that are not part of the reimbursable meal.

Trans Fat

A type of fat that occurs in food when manufacturers use hydrogenation, a process in which hydrogen is added to vegetable oil to turn the oil into a more solid (saturated) fat. Trans fats may be found in such foods as margarine, crackers, candies, cookies, snack foods, fried foods, baked goods, salad dressings and other processed foods. Trans fats may also occur naturally in some meat products.

When Competitive Food Nutrition Standards Apply The Competitive Food Nutrition Standards apply only to food and/or beverages sold during the school day on the school campus. CEs may establish local policies or rules that are more restrictive than Texas or USDA regulations as long as those policies and rules are not in conflict with Texas or USDA regulations.

Definition for Transactions that Constitute a Sale Sale of a food and/or beverage includes all direct or indirect sales such as (1) cash or credit transactions; (2) tokens, tickets, or other representations of value in exchange for cash or credit that a student may use to purchase food and/or beverages; or (3) food and/or beverages given to students in exchange for donations, whether those donations occur by cash or credit. If a student receives a food and/or beverage as a result of any form of payment, donation, or other contribution, the food and/or beverage item must meet the Competitive Food Nutrition Standards.

Food and/or Beverages Given to Students If a student is given food and/or beverage items at no charge (no form of payment, donation, or other contribution exchanged for the item), these items are not subject to the Competitive Food Nutrition Standards. Food given to students is a transaction that does not result from a payment, donation of funds, or a contribution of value by the student or parent.




Food Provided by Parents or Guardians Food provided by parents or guardians is considered to be food given to students and is not subject to the Competitive Food Nutrition Standards.3

Accompaniments or Condiments An accompaniment or condiment intended to be used with a competitive beverage and/or food item is considered to be part of the competitive food and/or beverage item—even if the accompaniment or condiment is provided at a different location in the serving area.4

Food and/or Beverages Purchased with Classroom Funds When the parents of students in a classroom agree to donate funds toward the purchase of treats to be shared by all children in the classroom for special occasions, food and beverage items served are not subject to the Competitive Food Nutrition Standards.

Food and/or Beverages Purchased with Tickets or Tokens Given as a Reward If a ticket or token is given to a student for good behavior or good grades—i.e., a behavioral or performance award—and no money or other form of payment is exchanged in order to acquire the ticket or token, the exchange of the reward ticket or token is not considered a sale to the student.

School Day School day is defined as the period from the midnight before the beginning of the official instructional day to 30 minutes after the end of the official instructional day. Competitive Food Nutrition Standards apply during this time period.

Afterschool Programs The Competitive Food Nutrition Standards do not apply to afterschool programs, events, or activities except during the 30 minutes after the end of the official instructional day.

Operating Extended NSLP or SBP in the Summer If a CE extends the operation of the traditional NSLP or SBP into the summer, the Competitive Food Nutrition Standards do apply to all food and/or beverages sold on the school campus during the school day. The Competitive Food Nutrition Standards do not apply to sites where the CE is operating the Seamless Summer Option (SSO) or Summer Food Service Program (SFSP) and is not operating extended traditional NSLP or SBP.

3 See the Food Brought from Home or Food Given to Students subsection in this section for additional information on parents or guardians providing food to their children.

4 See the Accompaniments or Condiments subsection in this section for additional information on this topic.




School Campus School campus is defined as all areas of the property under the jurisdiction of the school that are accessible to students during the school day. Competitive Food Nutrition Standards apply to these places.

Combined Campuses Combined campuses must follow the Competitive Food Nutrition Standards for the youngest age/grade group unless access to food and/or beverages is separated by age/grade group.

Locations Other Than the Cafeteria If food and/or beverages are sold in any location where students have access, the food and/or beverages must meet the Competitive Food Nutrition Standards. This includes, but is not limited to, performing arts centers and sports facilities. This does not include any area restricted to adults or staff as long as students are not allowed to have access to the area.

Restricted Areas If students are allowed access to an area that is labeled staff only, the area is considered to be accessible by students and is, therefore, subject to the Competitive Food Nutrition Standards.

Exceptions to the Competitive Food Nutrition Standards Food and/or beverages sold or served in the following special situations are not required to meet the Competitive Food Nutrition Standards:

Accommodating Students with Special Needs The requirements in this section do not apply to special needs students whose Individualized Education Program (IEP) plan indicates the use of a food and/or beverage item of any type for behavior modification (or other suitable need).

Competitions and Other Events The requirements in this section do not apply to any location students travel to for competitions or other events if a school nutrition program (SNP) does not provide the students with meals as long as the competitive or event location is not an extended area of a school campus that operates NSLP or SBP.

Food and/or Beverages Brought from Home or Food Given to Students The Competitive Food Nutrition Standards do not restrict (1) food and/or beverages that parents provide for their own children’s lunches or snacks or (2) food and/or beverages that are given to students. This includes, but is not limited to, food and/or beverages provided for birthday parties or special events.




Acting on Behalf of a Parent It is not uncommon for a parent to designate another adult to act for the child in the place of the parent. This authority is granted for the best interests of the child and the parent. However, there are instances when it may be difficult for school staff to determine when a parent has given official authority to another adult to act on his/her behalf.

CEs may establish policies to clearly define how and when a parent gives authority to another adult to provide food and/or beverages to a child on behalf of the parent during the school day on the school campus.

Food and/or Beverages Ordered and Paid for Off Campus If the CE allows students to have food and/or beverages delivered to them on campus, students or their parents may order and pay for food and/or beverages off campus that do not meet the competitive rules and have the food and/or beverages delivered to the students to consume on the school campus during the school day. In these cases, the delivery of food or beverages must meet local policies or regulations.

CEs should include information on whether they do or do not allow food and/or beverage deliveries on campus and any applicable policies or rules in their local wellness policy.

School Nurses The requirements in this section do not apply to school nurses or another school official permitted by local policy to assist school nurses using a food and/or beverage item of any type during the course of providing health care to individual students.

Supporting Students’ Nutritional Needs Outside of the School Day If a CE participates in a program that is designed to support students’ nutritional needs outside of the school day (i.e., over the weekend or during extended breaks), the food and/or beverage items sent home with these children are not intended to be consumed during the school day or on school campus. Therefore, these food packets are not subject to the Competitive Food Nutrition Standards. For Example: Weekend backpack program

Fundraisers

A fundraiser is an event that includes any activity during which currency, tokens, tickets, donation for, or other forms of payment are exchanged for the sale or purchase of a product. This includes payment that is made toward a future purchase. There is no limit on fundraisers that meet the Competitive Food Nutrition Standards. Any food and/or beverage item that meets the standards may be sold on the school campus during the school day. CEs should define what types of food and/or beverages are allowed to be sold on campus.




Exempt Fundraisers Texas public, charter, and private schools that participate in NSLP or SBP may sell food and/or beverages as part a fundraiser that does not meet the Competitive Food Nutrition Standards during the school day for up to six (6) days per school year on each school campus. Food and/or beverages sold during an exempt fundraiser must not be sold in competition with school meals in the food service area during the school meal service.

CEs should include information on exempt fundraisers in their local wellness policies to ensure that students, parents, and staff understand when fundraising exemptions apply.

Food Sold During the School Day Not Intended for Consumption in Schools Competitive Food Nutrition Standards do not apply to fundraising activities that include the ordering and distribution of food and/or beverages not intended to be consumed during the school day on the school campus. This includes ordering food items that will be picked up a later time in the future. Typically, these food items need further preparation before they can be served.

For Example: Cookie dough or frozen sausage.

Concession Stands or Other Events Where Food and/or beverages Are Sold During the School Day

Foods and/or beverages sold to students at concession stands or other events must meet the Competitive Food Nutrition Standards if the sale occurs during the school day on the school campus as defined in this section.

CEs may find that providing training or assistance to concession operators about acceptable products to sell to students will help to ensure that the Competitive Food Nutrition Standards are met. See the Records Retention and the Compliance subsections in this section for additional information related to concession activities or other events that operate under the Competitive Food Nutrition Standards.




USDA’s Competitive Food Nutrition Standards

All food and/or beverage items sold during the school day on the school campus that are not part of the reimbursable meal must meet the Beverage Standards, General Food Nutrition Standards, and the Nutrient Standards for Competitive Foods:5

Competitive Food Nutrition Standards Chart

(Competitive food or beverage items sold during the school day must meet the standards as described in this chart.)

Beverage Standards

Type of Beverage School Level

Elementary Middle High

Water (With No Added Ingredients)

• Plain water Any Size Any Size Any Size

I. Plain Carbonated Water Any Size Any Size Any Size

Milk

A. Plain, unflavored low fat (1%) milk ≤8 fl oz ≤12 fl oz ≤12 fl oz

d). Plain or flavored fat-free milk and approved milk alternatives ≤8 fl oz ≤12 fl oz ≤12 fl oz

Fruit or Vegetable Juice

2 100% Fruit or vegetable juice ≤8 fl oz ≤12 fl oz ≤12 fl oz

A. 100% fruit or vegetable juice diluted with water—with or without carbonation—with no added sweeteners

≤8 fl oz

≤12 fl oz

≤12 fl oz

Other Beverages for High School Students

2 Other lower calorie flavored and/or carbonated beverages that are labeled to contain ≤40 calories per 8 fl oz, or ≤60 calories per 12 fl oz.

−

−

≤12 fl oz

A. Other very low calorie flavored and/or carbonated beverages that are labeled to contain <5 calories per 8 fl oz, or ≤10 calories per 20 fl oz

−

−

≤20 fl oz

5 See the Exceptions to the Competitive Food Nutrition Standards and the Items Exempt from Competitive Food Nutrition Standards subsections in this section for additional information on situations, contexts, and specific food and/or beverage items that are not subject to the Competitive Food Nutrition Standards.

Information Box 1 Common Nutrition Measurement

Abbreviations

fl = fluid ≤ = equal to or less than g = gram ≥ = equal to or greater mg = milligram than oz = ounce




General Food Nutrition Standards

Meet all of the Competitive Food Nutrition Standards and

Be a grain product that contains 50% or more of whole grains by weight or have whole grains as the first ingredient.6

or Have one of the non-grain major food groups as a first ingredient* (fruit, vegetable, dairy, or protein food).

or Be a combination food that contains at least ¼ cup fruit and/or vegetable.

Nutrient Standards

Calorie limits: 2 Snack Items:

≤ 200 calories 3 Entrée or

Main Dish Items: ≤ 350 calories

and Sodium limits: A. Snack Items:

≤ 200 mg per portion as packaged7

B. Entrée or Main Dish Items ≤ 480 mg per portion as packaged

and Fat limits: (1) Total Fat:

≤ 35% of calories

(2) Saturated Fat: < 10% of calories

(3) Trans Fat: 0 g (≤ 0.5 g)

and Sugar limits: ≤ 35% of weight from

total sugars in foods

Entrée Items for Competitive Foods For competitive foods, an entrée item is intended to be a main dish and is either

1. A combination food of meat/meat alternate and whole grain or

2. A combination food of vegetable or fruit and meat/ meat alternate or

3. A meat or meat alternate alone with the exception of yogurt, low-fat or reduced fat cheese, nuts, seeds and nut or seed butters, and meat snacks (such as dried beef jerky);

or 4. A grain only, whole-grain rich entrée that is served as the main dish of the SBP reimbursable

meal.

See the Exempt Entrée Items subsection in this section for information on entrees that are exempt from the Competitive Food Nutrition Standards.

6 If water is the first ingredient, the second ingredient must be one of the following: (1) grain product that contains 50% or more of whole grains by weight; (2) fruit, vegetable, dairy, or protein foods as a first ingredient; or (3) be a combination food that contains at least ¼ cup fruit and/or vegetable.

7 On July 1, 2016, the sodium standard will move to 200 mg per item as packaged or served.




Combination Foods for Competitive Foods The Combination Food Criteria for Competitive Chart provides a detailed description of a combination food item as well as a detailed list of criteria that establish the designation of a combination food. Combination food items must also meet the Nutrient Standards specified for competitive foods.

Combination Food Criteria for Competitive Foods Chart

Combination foods must meet the following criteria:

1. Contain two or more components representing two or more of the recommended food groups: fruit, vegetable, dairy, protein, or grains.

2. Meet one the of the following criteria:

− Meet all of the nutrient standards specified for a competitive food or

− Be a combination food that contains ¼ cup of fruit and/or vegetable that meets the nutrient standards for a competitive food

For Example: − Blueberry muffin, containing refined grains and at least a ¼ cup

of blueberries

• Harvest stew, containing a least ¼ cup of vegetables − Cheese sandwich, containing a whole grain-rich bread and

a protein food

Special Situations, Combination Foods or Foods Served As a Unit The following guidance provides information on combination foods or foods served as a unit:

Two Items Packaged Together Two items that are packaged together are considered to be a combination food. The items must be sold together as one unit and must meet the criteria for a combination food.

For Example: A 100-calorie pouch containing a small chocolate chip cookie and a small banana.

The cookie contains grain and the banana contains about a ½ cup of fruit and together they contain the following nutrient values:

190 calories 3 g of fat (14% calories from fat) 1 g of saturated fat (5% calories from saturated fat)




0 g trans fat 95 mg sodium 20 g of sugar (17% sugar by weight)

Yogurt When yogurt is combined with fruit or vegetables or a whole grain food such as granola, it becomes a combination food and is an acceptable entrée item at lunch if it meets the Competitive Food Nutrition Standards. However, yogurt alone, without fruit or vegetables or a whole grain food, cannot be an entrée item or main dish.

Exempt Entrée Items If offered in the same or smaller portion on the same day or the next operating day after it was offered as part of a reimbursable meal, an NSLP or SBP entrée item served as a main dish is exempt from the Competitive Food Nutrition Standards.

Moreover, a breakfast entrée item served as main dish may be a lunch exempt entrée item, and a lunch entrée item served as a main dish may be a breakfast exempt entrée item.

To qualify as an exempt entrée item, the entrée must meet the following criteria.

Exempt Lunch Entrée To qualify as an exempt entrée item, a lunch entrée item must be designated as a main dish on the planned menu and must be one of the following.

• A combination food of meat or meat alternate and whole grain rich food or

• A combination food of vegetable or fruit and meat or meat alternate or

• A meat or meat alternate alone with the exception of yogurt, low-fat or reduced fat cheese, nuts, seeds and nut or seed butters, and meat snacks (i.e., dried beef jerky).

Exempt Breakfast Entrée To qualify as an exempt entrée item, a breakfast entrée item must be designated as a main dish on the planned menu. This includes a grain only, whole-grain rich entrée that is served as the main dish of the SBP reimbursable meal.




Nutrient Standards, Calculation of Fat and Sugar Nutrient Values By determining the nutrient values for foods and beverages sold in competition with the reimbursable meal, CEs will ensure that students are served healthy meals and snacks.

To assist CEs in the process, USDA has announced that the Alliance Product Calculator created by the Alliance for a Healthier Generation will help CEs in determining if a specific food item meets the calories, total fat, saturated fat, sodium, and sugar Nutrient Standards. This calculator can be accessed through the SquareMeals website at www.squaremeals.org.

Alliance Product Calculator Accuracy In order for the calculator tool to provide accurate information, the amounts recorded into the calculator must be correct and must be entered into the correct field. The CE will need the product’s nutrition facts label in order to record the product specifications in the calculator.

Combination Foods If the nutrition fact label ingredient information for a combination food item is entered incorrectly, the calculator result may be incorrect. CEs should read the directions carefully to ensure that all information is entered correctly.

Multiple Servings in One Package For products that have more than one serving in a package, the calculator will automatically report the nutrition facts for one serving when the CE enters the total number of servings from the nutrition fact label in the calculator.

Zero Amount When recording the amounts in the Alliance Product Calculator, enter zero if there is no amount listed on the Nutrition Fact label.

If a CE is unable to access a web-based calculator, the following guidance demonstrates how to calculate the Nutrient Standards for a food and/or beverage item.





Calculating Calories from Total Fat and Saturated Fat The nutrition facts label panel includes total fat in two places:

1. listed as calories from fat near the top and 2. listed as grams (g) on the list of nutrients in the

product. Calories from Total Fat

A CE may choose whether to use the calories from fat method or the grams of fat method for this calculation even though each may yield slightly different results. The result of either method should not be rounded.

Calories from Fat Method—Per Serving Calories from Fat

Total Calories Per

100

Percentage of Calories from

Per Serving Serving

Fat Per Serving

50 ÷ 140 = .357 x 100 = 35.7%

Grams of Total Fat Method—Per Serving

1

^ There are 9 calories in each gram of fat

Sample Nutrient Fact Label


Percentage of Calories from Total Fat Per Serving Calculation Chart

Number of Grams of Fat

9^

Total Calories Per

100

Total Percentage of Calories from Fat

Per Serving Serving Per Serving

x = 45 ÷ 140 = .3214 x 100 = 32.14 %




Percentage of Calories from Saturated Fat Per Serving

To calculate the percentage of calories from saturated fat per serving, the CE will use the following formula.


Grams of Total Fat Method—Per Serving

1

^ There are 9 calories in each gram of fat


Calculating Percentage of Sugar Per Serving The nutrition facts panel includes grams (g) of sugar on the nutrition facts label. CEs may use the following formula to calculate the percentage of sugar by weight.

Percentage of Sugar by Weight Per Serving Chart

Number of Grams of Sugar

Per Serving

Item Total Weight (Grams)

Per Serving

100

Percentage Sugar by Weight Per

Serving

2 ÷ 28 = .0714 x 100 = 7.14%

Percentage of Calories from Saturated Fat Per Serving Calculation Chart

Number of Grams of Saturated Fat

9^

Total Calories

100

Total Percentage of Calories from Saturated

Per Serving Per Serving Fat Per Serving

0.5 x = 4.5 ÷ 140 = .0321 x 100 = 3.2%




Sodium Sodium is reported by milligrams (mg) for each serving on the nutrition facts label for each product. No further calculation is needed to determine if the sodium meets the sodium nutrition standard.

Items Exempt from Competitive Food Nutrition Standards

The following food and/or beverage items are exempt from some or all of the Competitive Food Nutrition Standards:

Combination Foods • Items which include a combination of only dried fruit, nuts, and seeds as long as the product

contains no added nutritive sweeteners or fats are exempt from the total fat, saturated fat and sugar standards.

• Items which include a combination of fruits and/or vegetables as long as there are no added ingredients except water are exempt from all Nutrient Standards.

Fruits and Vegetables • Fruits8 and vegetables that are fresh, canned, pureed, or frozen that have no added

ingredients except water are exempt from all Nutrient Standards.

• Fruit packed in 100 percent juice, extra light, or light syrup are exempt from all Nutrient Standards.

• Canned vegetables with no added ingredients except water that contain a small amount of sugar for processing purposes are exempt from all Nutrient Standards.

• Canned vegetables that are low sodium or have no salt added that contain no added fat.

• Dried or dehydrated whole fruit or vegetables or pieces of fruit or vegetables with no added nutritive sweeteners are exempt from the sugar standard.

• Dried whole fruit or pieces of fruit with nutritive sweetener required for processing and palatability are exempt from the sugar standard. At this time the only types of dried fruit that may have added nutritive sweeteners and be

8 Any fruit product with sugar that meets the Nutrient Standards and has fruit as the first ingredient may still be sold if it meets all Competitive Food Nutrition Standards.





exempt from the sugar standard are dried cranberries, dried tart cherries, and dried blueberries.

Paired Exempt Foods • When two or more food items that are exempt from the Competitive Food Nutrition

Standards are paired or packaged together without additional ingredients, the paired exempt items retain their individually designated exemption for total fat, saturated, fat, and/or sugar.

For Example: − Reduced Fat Cheese Served with Apples. Reduced fat cheese is

exempt from the total fat and saturated fat limits. When it is paired with a vegetable or fruit, such as apples, the paired snack is only required to meet the calorie and sodium limits.

− Celery with Peanut Butter and Unsweetened Raisins. Peanut butter is exempt from the total fat and saturated fat requirements. When it is paired with a vegetable or fruit, such as celery, the paired snack retains the fat exemptions and may be served if it meets the calorie and sodium limits. Dried fruit, such as unsweetened raisins, are exempt from the sugar limit. However, calorie and sodium limits still apply to the snack as a whole.

Proteins • Reduced fat cheese and part skim mozzarella cheese are exempt from total fat and saturated

fat standards.

• Nuts and seeds and nut/seed butters are exempt from total fat and saturated fat standards.

• Dried fruit with nuts and/or seeds with no added nutritive sweeteners or fat are exempt from the total fat and saturated fat standards.

• Seafood with no added fat is exempt from total fat standard only.

• Whole eggs with no added fat are exempt from the total fat and saturated fat standards but are subject to the trans fat, calorie, and sodium standards.

Other Items • Sugar-free chewing gum is exempt from the Competitive Food Nutrition Standards.

Special Situations, Food and Beverage Items The following guidance provides additional information on special situations related to the nutrient values of food and beverage items under the Competitive Food Nutrition Standards:




Accompaniments or Condiments The nutrient profile for any accompaniment or condiment must be included in a food and/or beverage item’s nutrient values—that is, the accompaniment or condiment counts toward the item’s total nutrient values. Accompaniments or condiments include, but are not limited to, dressings or toppings, i.e., food items added to a food and/or beverage.

Calculating the Portion Size for an Accompaniment or Condiment In cases where the CE uses bulk accompaniment or condiment products instead of individually packaged accompaniments or condiments, the CE must establish an average amount used—that is dividing the total amount served by the number of servings taken.9

After calculating the average portion size, the CE will determine the nutrient values for the portion size and add the average portion’s nutrient values to that amount to get the nutrient values for the item.10

Average Portion Size

Total Amount for All Portions Served

Number of Servings

Average Accompaniment or Condiment Portion Size

48 oz ÷ 55 = .818

Total Item Nutrient Value (Calculate for Each Nutrient Value in the Item Using Information from the Nutrition Fact Label)

2 mg sodium

+100 mg sodium =

Caffeinated Beverages CEs may serve caffeinated beverages to high school students as long as all Competitive Food Nutrition Standards are met. However, research on the effect of caffeine on adolescents is only beginning to emerge; schools should exercise caution when selecting caffeinated items for sale to students.

The Competitive Food Nutrition Standards do not allow food and/or beverage items with caffeine to be served to elementary or middle schools students with the exception of trace amounts of naturally occurring caffeine.11

9 See the When Competitive Food Nutrition Standards Apply subsection in this section for additional information

related to accompaniments or condiments intended to be used with a food and/or beverage or item that is sold. 10 CEs must retain calculations documentation or records that demonstrate established average serving sizes

for accompaniments or condiments with meal production documentation. 11 Chocolate milk has naturally occurring caffeine.

Calculation Accompaniment or Condiment Nutrient Value Chart

Nutrient Value for Average Portion Size

Nutrient Value for Food and/or

beverage Item

Total Nutrient Value for Food and/or

beverage Item

102 mg sodium




Cheese and Crackers If the cheese and crackers are packaged separately and sold as separate items, cheese and crackers are not considered a combination item. Therefore, each item must meet the nutritional standards individually.

Cheese and Crackers as a Combination Item.

To be a combination item, the cheese and cracker item must be

1. listed on the planned menu as a combination item,

2. served as a unit, and

3. have either a dairy food or whole grain as the first ingredient.

Coffee and Tea, High School Only Coffee and tea are classified as Other Beverages and must meet the Nutrient Standards for Other Beverages.

Espresso with Steamed Milk Espresso with steamed milk may be served at the high school level if the following requirements are met:

1. Steamed milk is made from skim flavored/unflavored milk or 1% unflavored milk.

2. No more than a 12 fl oz beverage is served.

Espressos may also be served over ice or blended with ice.

Culinary Education Programs The Competitive Food Nutrition Standards have no impact on the curriculum for culinary education programs. Food/menu items prepared and tasted in the culinary program classes do not have to meet Competitive Food Nutrition Standards if they are not sold. The culinary program may continue to sell any food prepared to adults or the larger community during the school day on the school campus and to students outside of the school day. However, if the culinary program prepares and sells food to students during the school day, the Competitive Food Nutrition Standards do apply to food and/or beverages sold to students.

Dairy, Milk Beverages Allowable milk beverages for all grade levels under the competitive rule include unflavored low fat and flavored or unflavored nonfat milk, Kefir (cultured milk), buttermilk, acidified milk, acidophilus milk, or nutritionally equivalent milk alternatives as permitted by the school meal requirements.

Dairy, Deviated Identity Milk Beverages

A deviated identity milk beverage is beverage labeled by the manufacturer as a milk product but cannot be counted as milk product because the product profile




does not meet the federal standards for identifying the product ingredients as a dairy product. Deviated identity milk beverages cannot be served as a competitive food. Since probiotic dairy drinks, drinkable yogurt, milk shakes, and/or high protein low fat milk have a deviated statement of identity, these products cannot be served as a dairy product.

Non Dairy Food and/or Beverages Under the competitive rules, a dairy product must meet the specific federal standards for identification as a dairy product to count as a dairy product or as one of the non-grain major food groups.12 Products that do not meet the federal standards might include nut butters, margarine, or rice milk even if the product contains one of the nutrient components of a milk product such as milk fat or milk protein. However, if the product container or the ingredient declaration specifies that the product is ice cream, which is a standard identity for dairy food, and has an ingredient list that includes milk fat, milk solids, or cream, the product is a dairy product or one of the non-grain major food groups.

Fruit Concentrate A fruit juice product may be packaged in a concentrated form that is intended to be diluted as described in the product directions to make 100 percent fruit juice. In this case, once the concentrated fruit juice has been diluted as described in the directions, it is 100 percent fruit juice.

However, when fruit concentrate or fruit concentrate puree is listed as an ingredient on a nutrition fact label or manufacturer’s statement for a product that is not intended to be diluted to make 100 percent fruit juice, the fruit concentrate or fruit concentrate puree is not considered to be fruit or fruit juice. In this case, the fruit concentrate ingredient is considered to be an added sweetener and, therefore, must be counted as an additive sweetener when calculating the nutritional values for a food and/or beverage item.

(NOTE: Typically, when fruit concentrate or fruit concentrate puree is an additive sweetener, it is not the first ingredient listed on the nutrition fact label.)

Fruit Juice Labeled 100% Juiced Juice products labeled 100% juiced are not 100% juice products.

Frozen Fruit Product A CE has the option to serve a frozen fruit product (i.e., slushy, frozen fruit bar) as a food item or a beverage item. The CE must designate whether the frozen fruit product is a food and/or beverage item on its planned menu.

12 See the Competitive Food Nutritional Standards Chart, General Food Nutritional Standards subsection in this section. Non- grain major food groups are fruit, vegetable, dairy, or protein food.




Frozen Fruit, Food Item

If a CE serves a frozen fruit product as a food item, the product must (1) contain one of the main food groups (protein, dairy, fruit, or vegetable) as the first ingredient and (2) meet the appropriate Nutrient Standards.

Frozen Fruit, Beverage Item

If a CE serves a frozen fruit product as a beverage, the following guidance must be used.

− Elementary and Middle Schools—The product must have no added sweeteners since only 100 percent juice and water are allowed. The product must meet the Nutrient Standards for the type of beverage.

− High Schools—The product may be served as (1) a juice item if it is 100 percent juice and water or as (2) an Other Beverage if the frozen fruit product contains added sweeteners or other ingredients. In either case, the product must meet the calorie requirement for the beverage type.

Non-traditional Grain Products Non-traditional grain products—such as pasta, tortilla chips, or crackers—made with meat alternates with first ingredients such as beans or bean powder are not considered an entrée item13 for competitive foods unless they are combined with a meat/meat alternate, a meat/meat alternate and a vegetable, or a meat/meat alternate and a fruit.

When sold by themselves, non-traditional grain products which have grain as the first ingredient must meet the General Food Nutrition Standards for food items with a non-grain-food group as the first ingredient.

When sold as part of a combination food, the combination food must meet the Entrée Criteria for competitive foods or qualify as an exempt entrée item.

For Example: Lentil crackers combined with hummus may be sold as an entrée item, assuming the combined item meets the Entrée Criteria.

Popcorn Popcorn is considered a whole grain if the ingredient label lists the first ingredient as popcorn. Popcorn may be sold as a competitive food item if the product meets the Competitive Food Nutrition Standards.

Salad CEs have the option to menu a salad in the way that best meets their needs. Therefore, a salad may be served as a vegetable food item or a combination food.

13 See Entrée Items for Competitive Foods subsection in this section for additional information on entrée items.




Side Dish from Reimbursable Meal When a side dish from a reimbursable meal is offered as a competitive food item, the side dish must meet the Competitive Food Nutrition Standards—side dishes are not exempt from Competitive Food Nutrition Standards.

Smoothie Smoothies may be sold as a food item or beverage item, depending on the ingredients used to make the smoothie.

Smoothie, Beverage Item A smoothie is considered to be a beverage when it is comprised of 100% juice, low fat or nonfat milk (including milk alternatives or substitutes),14 and water (or ice). To be served as a competitive food, a smoothie beverage item must meet the Beverage Standards for the school level for which it is served—elementary, middle, or high school.

If a beverage smoothie sold at the high school level contains added sweeteners, it would fall in the Other Beverage category, and, therefore, must meet the Other Beverage requirements.

Smoothie, Breakfast Entrée If a smoothie meets the breakfast meal pattern and was offered the day of or the next operating day after service as a reimbursable meal item, it may be designated as a breakfast entrée which can be served as an exempt entrée item.15

Smoothie, Food Item A smoothie is considered to be a food item if the smoothie meets the (1) General Food Nutrition Standards, containing one of the main food groups other than whole grain (protein, dairy, fruit, and vegetables) as a first ingredient and (2) Nutrient Standards for calories, saturated or trans fats, sodium, and sugar.

If a smoothie also meets the criteria for a food entrée item or main dish item—that is, contains a meat alternate (i.e., yogurt, peanut butter) in addition to a fruit or vegetable, it may be sold as an exempt entrée. If a smoothie does not meet the criteria for a food entrée item or main dish, but meets the General Competitive Food Nutrition Standards and Nutrient Standards, it may be sold as a snack.

14 See the Administrator’s Reference Manual, Section 8, Breakfast or Section 9, Lunch for additional information on appropriate milk alternatives or substitutes.

15 See the Special Situations, Combination Foods subsection in this section for additional information on this topic.


Soy Products Soy products, such as tofu and textured vegetable protein (TVP), are considered protein foods. If tofu, TVP, or soybean is listed as the first ingredient in a food item, the product meets the criterion for a protein food and may be served as a competitive food if the item meets Nutrient Standards.

Soy Nuts, Protein Food Item Soy nuts are dried soybeans that fall into both the protein16 group and vegetable group. When listed on the planned menu as a protein food item, the vegetable exemption for the Competitive Food Nutrition Standards does not apply.

Soy Nuts, Vegetable Food Item When soy nuts or dried soybeans are listed on the planned menu as a vegetable, the soy nuts are exempt from the total fat and saturated fat under the nut/seeds exemption. However, soy nuts are still subject to the Nutrient Standards for calorie, trans fat, sugar, and sodium.

Soy-Beverages Fortified soy-beverages are an allowable milk alternative in schools. Therefore, if the soy-beverage meets the Nutrient Standards for milk, these products are allowable as a competitive food item.

Yogurt with Fruit Yogurt is a dairy product; however, when yogurt is combined with fruit, vegetables, or whole grain rich food (i.e., granola), it becomes a combination food entrée.17

TDA Resources The following TDA resources may assist CEs in meeting the requirements for the Competitive Food Nutrition Standards: 18

• Competitive Food (Smart Snacks) Worksheet

Records Retention CEs have the option to maintain documentation or records on paper or electronically. CEs are encouraged to develop a system of document retention that allows them to readily retrieve documentation. TDA may request documentation as part of the administrative review processes.

16 Meat/Meat alternate 17 See the Combination Foods for Competitive Foods subsection in the section for additional information on this topic. 18 Available at www.squaremeals.org.

Information Box 2 Records Retention

Public and charter schools are required to keep documentation related to school nutrition programs for 5 years.

Private schools, other nonprofit organizations, and residential child care institutions (RCCIs) are required to keep documentation for 3 years.



All documentation or records must be kept on file for a minimum of five years for public and charter schools or three years for private schools, nonprofit organizations, and residential child care institutions after the end of the fiscal year to which they pertain.

The CE must retain the following types of documentation related to food production in its records retention system:19

• Administration of the program

• Counting and claiming

• Food purchase and production

• Program review as well as onsite monitoring forms

For more information on the specific types of documentation that is required, see Administrator's Reference Manual, Section 3, Records Retention.

Documentation for Competitive Foods

The CE must keep complete and accurate documentation or records for competitive beverages and foods sold. This documentation is the CE’s method to demonstrate that food and/or beverage items sold met the Competitive Food Nutrition Standards. Documentation includes, but is not limited to, child nutrition labels (CN labels), nutrition fact labels, USDA Food Fact Sheets for Schools & Child Nutrition Institutions, manufacturer product formulation statements, menus, nutrition value calculations, nutrition fact labels, invoices, and forms or records indicating portion sizes and number of servings.

Alliance Calculator Tool CEs may use a printed or electronic copy of the results from the calculator tool to demonstrate that a product meets Nutrient Standards; however, relevant nutrition fact labels or product/manufacturer’s statement must also be retained to demonstrate the information recorded in the calculator was entered correctly.

While there is no one specific strategy for maintaining documentation on competitive foods, TDA recommends that each CE develop a system that aligns to its menu cycle, particularly if the CE is selling breakfast and/or lunch entrée items or main dishes as competitive food items.

CEs should use the following guidance in maintaining documentation or records:

• Document or form providing information about beverage or food items that includes

- Serving/portion size information for a la carte beverage and food sales - Number of sales for each beverage or food item

19 See Administrator’s Reference Manual, Section 3, Records Retention for additional information on this topic.


• Menus for reimbursable meals including information on breakfast or lunch entrees to be sold as exempt items

• Invoices for beverage and food products purchased

• Documentation that demonstrates the nutrition profile for competitive food beverage or food that includes, but not limited to,

- Child nutrition labels (CN Labels) - Nutrition facts labels - USDA Food Fact Sheets - Product formulation statements to demonstrate the nutritional profile of all a la carte

items20

- Print out from the USDA competitive food calculator with appropriate product documentation

Documentation should be organized in an easily accessible format on a daily basis with cumulative accounting weekly or monthly as appropriate and ready for review on request.

If a CE chooses to hold exempt fundraisers, the CE must maintain adequate documentation to indicate the dates for each site’s exempt fundraisers.

Documentation or Records for Concession Stands or Other Events Where Food and/or Beverages Are Sold During the School Day on the School Campus

If food and/or beverage items are sold during the school day on the school campus for a concession stand or other event, the CE must have a system in place to retain documentation or records demonstrating that the food and beverage items sold at the concession stand or other event met the Competitive Food Nutrition Standards. The CE, not the school nutrition program, is responsible for the retention of all documentation or records relating to the sale of food and/or beverages during school day on the school campus that are not sold by the SNP. This responsibility is not assigned to the SNP.21

Currently, there is no state or federally required method for keeping this documentation, TDA recommends that the CE establish a CE-wide policy about maintenance of documentation or records for a concession stand or other event.

(NOTE: Although the CE is required to retain appropriate documentation or records for all food and beverage items sold, the school nutrition program itself is not responsible for maintaining

20 See Administrator's Reference Manual, Section 24, Child Nutrition (CN) Labeling and Product Documentation for

additional information on this topic. 21 7 Code of Federal Regulations (CFR) 210.11 (b)(2), Recordkeeping, Federal Register, Volume 78, Number 125,

June 28, 2013, page 39091. documentation or records related to the sale of food and beverage items during the school day on the school campus when those food and beverage items are not sold by the school nutrition program.)

Northside Independent School District RFP #2019-043

CEs may find it helpful to provide training to operators of concession stands or other events so that operators understand the requirements.

Compliance TDA will assess compliance with Competitive Food Nutrition Standards during an administrative review (AR) or at other times as appropriate. TDA’s assessment will include an analysis of food and/or beverage items sold in competition with reimbursable meals.

TDA will take fiscal action, as appropriate, for the following violations:

• Not meeting the Competitive Food Nutrition Standards

• Inadequate or unavailable documentation related to competitive foods

CEs with findings in these areas will be required to complete adequate Corrective Action Documentation (CAD).

RFP #2019-043 – Snack Vending Machines & Service

Northside ISD-Bexar County 015915

FOOD SERVICES MANAGEMENT COC VENDING MACHINES (LOCAL)

FEDERAL LAW All District schools shall conform to applicable federal and state

guidelines. In particular, no restricted foods may be sold in food service areas where meals are sold or consumed during meal periods.

TEACHER AREAS All schools may have vending machines selling snack foods and beverages, including carbonated beverages, in teacher dining areas and teacher lounges. Such machines are to be off limits to students at all times.

VENDING MACHINES Vending machines shall be permitted on campuses only as provided for in District, state, and federal guidelines.

ELEMENTARY No food or beverage vending machines shall be permitted for SCHOOLS student use on elementary campuses.

MIDDLE SCHOOLS Beverage vending machines may be placed on middle school campuses for student use. The locations of such machines and the items stocked for sale must meet District, state, and federal guidelines.

HIGH SCHOOLS Both food and beverage vending machines may be placed on high school campuses for student use. The locations of such machines and the items stocked for sale must meet District, state, and federal guidelines.

COMPETITIVE FOOD The food service program operates on a nonprofit basis without SALES support from the general operating fund. In order for it to remain self-

sustaining, competitive sales of food and beverages shall be strictly controlled.

As part of the approval process for fund-raising activities, the principal, in collaboration with the food service department and sponsors or officers of school-related organizations, shall impose reasonable restrictions on the number and frequency of competitive sales of food and beverages.

In planning for competitive sales, the principal shall consult with the food service department to determine whether that department can reasonably serve as vendor or broker for the event. Any exception to this policy shall be approved under guidelines and procedures developed by the Superintendent or designee.

OUTSIDE ACTIVITIES Schools and school-related organizations may contract with the food service department to serve as broker or vendor for food and beverages served at activities outside normal school hours, although private vendors may also provide this service.

DATE ISSUED: 11/17/2003 ADOPTED: 1 of 1 LDU-46-03 COC(LOCAL)-X


Attachment 4

Subject: NUTRITION STANDARDS FOR STUDENT VENDING MACHINES

Regulation Identifier:

CAF-01

Office: CHILD NUTRITION Reference:

FFA (LOCAL)

To: All Principals Date: August 2014 Reissued By: Thomas Wherry

STUDENT ACCESSIBLE VENDING MACHINES: Must be in compliance with Local, State and Federal “Smart Snacks” criteria. Campuses and the Child Nutrition Department are responsible for oversight, compliance and communication of changes to the rules by the Texas Department of Agriculture and the U.S. Department of Agriculture.

VENDING MACHINE COMPLIANCE CRITERIA:

Food items may be sold to middle and high school students during the school day, if the items meet the following criteria: • Each packaged item must be one serving size. • No chewing gum will be sold. • No soft drinks will be sold. • MUST be a food item allowable for sale according to the “Smart Snack Product Calculator” (or

approved method). Refer to the Child Nutrition website – “Food Items at School” for the calculator and current information.

• Verify, print and save calculator results for your records to ensure compliance. • ELEMENTARY SCHOOLS – No vending machines allowed for students. • MIDDLE SCHOOLS – May NOT sell 30 minutes before or after meal periods anywhere on

campus. • HIGH SCHOOLS – May NOT sell during meal periods in areas where reimbursable meals are

served and/or consumed.

This regulation is only for student accessible vending machines, does not apply to teacher / staff vending machines.


Attachment 5

Tom's Snack Vending Machines per Campus/Location Campus Number of Machines ADAMS HILL ES 1 ANNE MARIE TENNIS CENTER 1 ANSON JONES MS 1 AUE ES 1 BEARD ES 1 BEHLAU ES 1 BERNAL MS 1 BLATTMAN ES 1 BOB LEWIS ES 1 BOLDT ES 1 BOONE ES 1 BRANDEIS HS 5 BRAUCHLE ES 1 BRAUN STATION ES 1 BRENNAN HS 3 BRISCOE MS 1 BURKE ES 1 CABLE ES 1 CARLOS COON ES 1 CARNAHAN ES 1 CHALLENGE / EXCELHS 2 CHRISTIAN EVERS ES 1 CLARENCE GALM ES 1 CLARK HS 6 COLBY GLASS ES 1 COLE ES 1 COLONIES NORTH ES 1 COMM ARTS HS 1 CONNALLY MS 1 DOLORES LINTON ES 1 DR SARA McANDREWS ELEM 1 DR JOE WARD ES 1 DRIGGERS ES 1 EARL RUDDER MS 2 ED CODY ES 2 ELLISON ES 1 ELROD ES 1 ESPARZA ES 1 FERNANDEZ ES 1 FIELDS ES 1


Tom's Snack Vending Machines per Campus/Location FISHER ES 1 FORESTER ES 1 GARCIA MS 1 GLEN OAKS ES 1 H. B. ZACHRY MS 2 HATCHETT ES 1 HEALTH CAREERS HS 1 HELOTES ES 1 HENDERSON ES 1 HOBBY MS 1 HOFFMAN ES 1 HOLMES HS 4 HOLMGREEN JR/SR HIGH 1 HOWSMAN ES 1 JACK JORDAN MS - CAFETERIA 1 JAMES CARSON ES 1 JEFFERSON MS 2 JOHN FOLKS MS 1 JOHN GLEN ES 1 JOHN HARLAN HS 3 JOHN JAY HS 2 KALLISON ES 1 KAY FRANKLIN ES 1 KREUGER ES 1 KUENTZ ES 1 LACKLAND ES 1 LANGLEY ES 1 LEON SPRINGS ES 2 LIECK ES 1 LOCKE HILL ES 1 LOS REYES ES 1 LUNA MS 2 MARSHALL HS 8 MARTIN ES 1 MARY HULL ES 1 MARY MICHAEL ES 1 MCCLUNG TRANS 1 MEAD ES 1 MEADOW VILLAGE ES 1 MIRELES ES 1 MONROE MAY ES 1 MURNIN ES 1 NSISD PURCHASING (s/b HR) 1


Tom's Snack Vending Machines per Campus/Location NELLIE REDDIX /NVTP 1 NICHOLS ES 1 NISD GYM - FARRIS 1 NISD LEARNING CENTER 1 NISD POLICE 1 NISD SOUTH TRANS 1 NISD STUDENT SERVICES 1 NISD SUPPORT SVCS/PURCH 1 NISD-TRANS BLDG 5 CULEBRA 1 NORTHSIDE ALTERNATIVE HS 1 NORTHSIDE AQUATICS CENTER 1 NORTHSIDE ACTIVITY CENTER 1 NORTHSIDE ISD MAINT NORTH 1 NORTHSIDE MAINTENANCE 1 NORTHSIDE TRANS - RHODES 1 NORTHSIDE FOOD SERVICE 1 NW CROSSING ES 1 NSISD ALTERNATIVE ELEM 1 CHALLENGE / EXCELHS 1 NSISD TRANS - NORTH 1 NSISD TENNIS CENTER 1 NSISD-FRONT LOUNGE ADMIN 1 NSISD POLICE DEPT (sb Tech Sup) 1 NSISD-REAR LOUNGE-BUSINESS 1 NSISD-TESTING (sb TRAINING CTR) 1 OCONNOR HS 1 OAK HILLS ES 1 OTT ES 1 PASSMORE ES 1 PATT NEFF MS 1 PEASE MS 1 RABA ES 1 RAWLINSON MS 2 RHODES ES 1 ROBERT MCDERMOTT ES 1 SAM RAYBURN MS-T.L. 1 SCARBOUROUGH ES 1 SCOBEE ES- T.L. 1 SMITH TECHNOLOGY CTR - NISD 1 STEVENSON MS 5 STEUBING ES 1 SUL ROSS MS 1 TAFT HS 1


Tom's Snack Vending Machines per Campus/Location TECHNOLOGY BLDG. D 1 TIMBERWILDE ES 1 VALE MS 1 VALLEY HI ES 1 VILLARREAL ES 1 VIRGINIA MYERS ES 1 WANKE ES 1 WARREN HS 5 WESTWOOD TERRACE ES 1 WILLIAM THORNTON ES 1

TOTAL 176


FORM A - COMPANY INFORMATION

Notice

This form requires an original manual signature after each subsection, a manual signature on the final page and must be included with the proposal in Tab 2 of the Proposal.

STATE OF § § AFFIDAVIT OF OWNERSHIP, CONTROL COUNTY OF § AND CORPORATE INFORMATION

I, _________________________________________________ [FULL NAME] (HEREAFTER “AFFIANT”),

______________________________________________________ [STATE TITLE/CAPACITY WITH PROPOSAL] OF

______________________________________________________ (PROPOSAL’S CORPORATE/LEGAL NAME), WHO

ASSURE THE DISTRICT OF THE FOLLOWING:

1. AFFIANT IS AUTHORIZED TO GIVE THIS AFFIDAVIT AND HAS PERSONAL KNOWLEDGE OF THE FACTS AND MATTERS

HEREIN STATED;

2. PROPOSER(S) SEEKS TO DO BUSINESS WITH THE DISTRICT IN CONNECTION WITH

[RFP NUMBER AND TITLE] WHICH IS EXPECTED TO BE IN AN AMOUNT THAT EXCEEDS

$10,000.

3. THE FOLLOWING INFORMATION IS SUBMITTED IN CONNECTION WITH THE PROPOSAL, SUBMISSION OR BID OF

PROPOSER IN CONNECTION WITH THE ABOVE DESCRIBED PROJECT OR MATTER.

COMPANY NAME HOME OFFICE LOCAL OFFICE ADDRESS CITY STATE ZIP TELEPHONE FAX TELEPHONE FAX CONTACT PERSON’S NAME


CONTACT PERSON’S TELEPHONE NUMBER FAX NUMBER CONTACT PERSON’S E-MAIL ADDRESS 1. NUMBER OF YEARS YOUR ORGANIZATION HAS BEEN IN CONTINUOUS OPERATION 2. NUMBER OF YEARS YOUR ORGANIZATION HAS BEEN IN BUSINESS UNDER ITS PRESENT BUSINESS NAME 3. DOES YOUR COMPANY PAY TAXES TO THE NORTHSIDE INDEPENDENT SCHOOL DISTRICT? 4. IF YES, ARE YOUR TAX PAYMENTS TO NISD CURRENT? 5. DOES ANY OFFICER, PARTNER, OWNER, SALES REPRESENTATIVE AND/OR SPOUSE WORK FOR THE

□ NORTHSIDE INDEPENDENT SCHOOL DISTRICT □ YES □ NO

6. TYPE OF BUSINESS ENTITY: □ PUBLICLY TRADED CORPORATION □ PRIVATE CORPORATION □ LIMITED PARTNERSHIP □ PARTNERSHIP □ SOLE PROPRIETORSHIP □ NOT FOR PROFIT ENTITY 7. IF CORPORATION, ANSWER THE FOLLOWING QUESTIONS:

DATE OF INCORPORATION STATE OF INCORPORATION CHARTER NUMBER PRESIDENT VICE PRESIDENT CORPORATE SECRETARY TREASURER

8. IF PARTNERSHIP OR CORPORATION , DATE OF ORGANIZATION CREATION 9. IF SOLE PROPRIETOR, NUMBER OF YEARS IN BUSINESS 10. NUMBER OF YEARS DOING BUSINESS WITH NISD 11. DO YOU HAVE EXPERIENCE WITH OTHER SCHOOL DISTRICTS? YES NO 12. IF YES, PLEASE LIST NAMES OF SCHOOL DISTRICTS


13. NAME AND COMPLETE ADDRESS OF ALL PARTNERS LISTED ON A SEPARATE SHEET AND ATTACHED. 14. IF OTHER THAN CORPORATION OR PARTNERSHIP, DESCRIBE ORGANIZATION AND NAME OF PRINCIPALS:

15. CHECK ONE OF THE FOLLOWING: □ PROPOSER WILL PROVIDE GOODS AND SERVICES WITH OWN WORK FORCE □ PROPOSER WILL PURCHASE GOODS DIRECTLY FROM THE MANUFACTURER OR OTHER SUPPLIER

16. NAME OF STATE WHERE YOUR HOME OFFICE/HEADQUARTERS IS LOCATED:

IF NOT TEXAS, DOES THE STATE HAVE PREFERENTIAL TREATMENT ON BIDS □ YES □ NO IF YES, WHAT PERCENTAGE:________________% DOES YOUR COMPANY EMPLOY 500 OR MORE PERSONS IN TEXAS? □ YES □ NO

I ATTEST THAT I HAVE ANSWERED THE QUESTIONS REGARDING COMPANY INFORMATION TRUTHFULLY AND TO THE BEST OF MY KNOWLEDGE.

CORPORATE OFFICER’S SIGNATURE PRINTED NAME TITLE


TITLE ANTITRUST CERTIFICATION STATEMENT:

INCLUDE WITH FORM A

(Texas Government Code §2155.005)

I affirm under penalty of perjury of the laws of the State of Texas that: 1. I am duly authorized to execute this agreement/contract/proposal on my own behalf or on behalf of the

company, corporation, firm, partnership or individual (Company) listed below; 2. In connection with this proposal, neither I nor any representative of the Company have violated any provision of

the Texas Free Enterprise and Antitrust Act, Tex. Bus & Comm. Code Chapter 15; 3. In connection with this Proposal, neither I nor any representative of the Company have violated any federal

antitrust law; and 4. Neither I nor any representative of the Company have directly or indirectly communicated any of the contents of

this proposal to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company.

Company Name

Company Address

City, State, Zip Code

Phone

Facsimile

Proposer Signature

Proposer Printed Name

Position with Company (IF DIFFERENT FROM ABOVE) Official Authorizing Proposal Corporate Officer’s Signature Printed Name Position with Company


Instructions to School District Contractors Regarding Criminal History Background Searches Under Texas Education Code §22.0834(g)

Texas Education Code §22.0834(g) directs school district contractors to obtain state and national criminal history background searches on their employees who will have direct contact with students, and to receive those results through the DPS criminal history clearinghouse (Fingerprint-based Applicant Clearinghouse of Texas –FACT). In order for contractors to receive the information through FACT, they must first establish an account with the DPS for FACT clearinghouse access. The Company owner must sign a user agreement with the DPS. To obtain the user agreement and more information, please contact: Access and Dissemination Bureau Texas Department of Public Safety Crime Records Service P. O. Box 149322 Austin, Texas 78714-9322 Email: [email protected] Phone: (512) 424-2365 For fastest service, please email or call. State in the message that you are a school district contractor and need to have an account established for DPS FACT clearinghouse access. Please include: Company Name Company Address Company Phone Name of Company point of contact Phone of Company point of contact Company email to be used for notification of FACT records and messages The information in the DPS FACT Clearinghouse is confidential, and access must be restricted to the least number of persons needed to review the records. The account must include at least one designated supervisor to make necessary changes and to monitor the site’s security and the access to the criminal history data retrieved. Additional users must be limited to those who need to request, retrieve, or evaluate data regarding the individual applicants. PLEASE NOTE: After you sign the DPS User Agreement for FACT, DPS will provide you with a revised FAST Fingerprint Pass that you will have to provide to your employees and applicants. Your employees and applicants will use that FAST Fingerprint Pass when scheduling their FAST fingerprinting. Criminal History Background Searches Under Texas Education Code §22.0834(g) The Contractor shall be responsible for compliance with all required provisions of Texas Education Code §22.0834(g) at no additional cost to the Owner. Texas Education Code §22.0834(g) requires finger printing, background checks and registration through the Texas Department of Public Safety (DPS) of all employees of the Contractor, Subcontractors, and material and/or any other type suppliers who may enter any site where Northside ISD students are or may be attending classes, or where students are on or may be on the site for any school purpose. All inquiries related to compliance with Texas Education Code §22.0834(g) shall be forwarded to: Director of Employee Relations Northside Independent School District 210-397-8809 The Contractor shall be responsible for all costs related to compliance with Texas Education Code §22.0834(g) and include those costs within its proposal. Employees of the Contractor shall not be permitted to access the site and begin work until such time as all provisions of Texas Education Code §22.0834(g) for each employee have been satisfied.



SENATE BILL 9 CONTRACTOR CERTIFICATION INCLUDE WITH FORM A

Texas Education Code §22.0834(g) Contractor Certification Introduction: Texas Education Code Chapter 22 requires service contractors to obtain criminal history record information regarding covered employees and to certify to the District that they have done so. Covered employees with disqualifying convictions are prohibited from serving at a school district. Definitions: Covered employees: All employees of a contractor who have or will have continuing duties related to the service to be performed at the District and have or will have direct contact with students. The District will be the final arbiter of what constitutes direct contact with students. Disqualifying conviction: One of the following offenses, if at the time of the offense, the victim was under 18 or enrolled in a public school: (a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law or the laws of another state. On behalf of _________________________________(“Proposor”), I certify that [check one]: [ ] None of Contractor’s employees are covered employees, as defined above. Or [X] Some or all of Contractor’s employee are covered employees. If this box is selected, I further certify that: (1) In the event Proposor is awarded this contract with the District, Proposor shall obtain all required criminal history record information, through the Texas Department of Public Safety, regarding its covered employees. None of the covered employees that have a disqualifying conviction shall be used to carry out the duties required of this contract. Proposor has taken reasonable steps to ensure that its employees who are not covered employees do not have continuing duties related to the contract services or direct contact with students (2) If Proposor receives information that a covered employee has a disqualifying conviction, Proposor will immediately remove the covered employee from contract duties and notify the District in writing within 3 business days. (3) Upon request, Proposor will make available for the District’s inspection the criminal history record information of any covered employee. If the District objects to the assignment of a covered employee on the basis of the covered employee’s criminal history record information, Proposor agrees to discontinue using that covered employee to provide services at the District. Noncompliance by Proposor with this certification may be grounds for contract termination. Proposer Signature Proposer Printed Name Position with Company Date


FORM B – ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANT (NON-CONSTRUCTION CONTRACTS)


FORM C - PRICING AND SERVICE AFFIRMATION

Proposal of: (Proposer Company Name) To: Northside Independent School District RFP Number: #2019-043 RFP Name: Snack Vending Machines & Services s Proposer will provide the product/services to the Northside Independent School District (“NISD”) and possibly other governmental agencies (through Interlocal-agreements). Additionally, the focus is on identifying all costs associated with the product/services. NISD is looking to quantify all fees and work towards solutions that minimize costs, while maintaining or improving current service levels. Please see Price Schedule (Form E) to this RFP.

Ladies and Gentlemen: Having carefully examined all the specifications and requirements of this RFP and any attachments thereto, the undersigned proposes to furnish the products/services required pursuant to the above referenced RFP upon the terms quoted below. 1. Price and Products/Services Quotation: The prices quoted shall be NISD’s pricing for the product or service.

There shall be no separate or additional charges, fees, handling or other incidental costs associated in the acquisition of the product/services not disclosed herein. Proposer understands that NISD makes no guarantee as to the volume, amount or type of product/services that may be purchased under any Agreement. Proposer certifies and agrees that all prices and any promotion or rebates quoted in the proposal have been reviewed and are the final proposed price and product/service offering for this initial RFP response.

2. NISD Payment Terms: NISD’s standard payment terms for services are “net 30 days” from receipt of the invoice.

Indicate below the prompt payment discount that Proposer will provide to NISD:

3. General Terms and Conditions: Proposer agrees to the General Terms and Conditions and all other Terms and Conditions of this RFP unless exceptions are identified in the Exception Form (Form D).

Prompt Payment Discount _____% ______days / net 30 days.

Respectfully submitted: Company Name: __________________________________ By: _____________________________________________ Corporate Officer’s Signature Printed Name: ___________________________________ Title: ___________________________________________ Date: ___________________________________________


FORM D - EXCEPTION FORM

All deviations and exceptions to this RFP must be expressly stated in this Exception Form (additional pages to this form may be added if necessary). In the absence of any entry on this Exception Form, the Proposer(s) assures NISD of their full agreement and compliance with all specifications, terms and conditions, requirements and obligations of the RFP. THIS EXCEPTION FORM MUST BE SIGNED BY EACH PROPOSER(S) WHETHER THERE ARE EXCEPTIONS LISTED OR NOT, AND SUBMITTED WITH THE PROPOSAL. Proposers should respond to this section by quoting the exact language in this RFP that they take exception to, and then indicate what the specific concern with the language is.

Exceptions

Exception #

1

2

3

4

Company Name Corporate Officer’s Signature Printed Name Date


FORM E - PRICE SCHEDULE

Proposer is asked to submit pricing on the following form. This form must be used to submit pricing. A hard copy of Form E must be submitted under Tab 7 in the proposal.

Price Sheet for Snack Vending Machines & Services

Description Plan A Pricing

Plan B Pricing

Plan C Pricing


PRICE PROPOSAL

VENDING MACHINES:

Vendors are required to quote proposed commissions to be paid to the District based on a flat rate percentage of the gross sales for all products sold on a monthly basis. In addition, vendors are to provide a price sheet showing all products available for vending and the proposed vend price for each item. This sheet should be attached to your proposal under Schedule #7 “Price Proposal”.

Vendors must enter their proposed commission rate here:

(Vendor name) proposes to pay Northside Independent School District a commission of % of the gross sales of all snack vending machines provided under this proposal in the District.

DISTRICT INCENTIVES:

The District will consider any incentives offered by the vendor. These incentives could include but not be limited to the following:

Up Front District Funding Marketing Programs/Promotions Annual District Funding Scholarship Funding Drink Donations

Vendors choosing to offer such incentives must attach an additional page to their proposal outlining the offer, amounts and any other information.

PRODUCT OFFERING:

All vendors must provide a listing of all products offered. This list must include all Trademark products as well as Branded products offered and product names. Nutritional facts must also be included with this information.

VERIFICATION/AUDIT PROCEDURES

As part of vendor price proposal, please explain in detail the verification and/or audit procedures available to the District. Explain in detail how the District is able to verify the sales and commission information provided by vendor.


FORM F - CERTIFICATION OF INSURANCE

Proposer is asked to submit proof of insurance as Form F of Proposal response.


FORM G

CERTIFICATE OF INTERESTED PARTIES – FORM 1295

CERTIFICATE OF INTERESTEDPARTIES

FORM 1295

Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.

OFFICE USE ONLY

1 Name of business entity filing form, and the city, state and country of the business entity's place of business.

2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed.

3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract.

4 Name of Interested Party

City, State, Country (place of business)

Nature of Interest (check applicable)

Controlling Intermediary

5 Check only if there is NO Interested Party.

6 UNSWORN DECLARATION

My name is , and my date of birth is .

My address is . (street) (city) (state) (zip code) (country)

I declare under penalty of perjury that the foregoing is true and correct.

Executed in County, State of , on the day of , 20 . .

(month) (year)

Signature of authorized agent of contracting business entity (Declarant)

ADD ADDITIONAL PAGES AS NECESSARY


MINIMAL ESSENTIAL COVENANTS

1. Northside Independent School District (Northside) considers cash discounts or discounts for prompt payment when evaluating bids (For example, 2% 10, Net 30 or 1% 15, Net 30).

2. When a brand name is used, it is for the purpose of establishing quality. Although certain manufacturer brand names and numbers may be specified, alternates can be considered at District’s discretion. The bidder/proposer, by bidding an alternate, warrants that products being bid meet or exceed all stated specifications. When an alternate is bid, bidder/proposer must furnish complete and descriptive literature on item(s) bid. If an alternate is bid and descriptive literature is not included, the bid may be considered invalid and rejected.

3. The District reserves the right to reject any and/or all bids and to make awards on the individual items as they may appear to be most advantages to the District, to include award of different items to different vendors, and to waive all formalities in bidding.

4. The term “As Specified” or “A/S” will not be accepted. If bidding on a make or model other than specified, bidder/proposer is to list make and model of item being bid and must state any deviations from the item specified. The burden of proof of compliance with this specification will be the responsibility of the vendor. Samples of items which are not as specified must be available to the District within 72 hours after our request.

5. The bid is a firm offer which shall be irrevocable and open for acceptance for _______calendar days (60 calendar days unless otherwise specified) from the date set for submission of bids. A 60 day minimum is usually required for School Board approval.

6. Bids received after the due date and time specified will not be considered. 7. When a bid is not returned, the vendor’s name is removed from the bidder list for this commodity. 8. Questions in regard to this bid must be submitted to the Director of Purchasing for clarification 10 days

prior to bid opening. 9. Payment: Payment terms will be Net 30 after acceptance of delivery of goods or services. 10. Bidder/proposer hereby affirmatively states that it has not participated in any act of collusion, favoritism,

gratuity, or inside dealings with any member of the staff of Northside or its Board of Trustees. 11. Any contract resulting from this solicitation shall be construed under and in accordance with the laws of

the State of Texas. Any legal action or proceeding brought or maintained, directly or indirectly, as a result of this solicitation shall be heard and determined in the City of San Antonio, Bexar County, Texas.

12. Renewal, if applicable, of resulting Contract will be in accordance with Local Government Code 271.903 concerning non-appropriation of funds for multi-year contracts. The Board of Trustees of Northside Independent School District, or its designee, reserve the right to rescind the Contract at the end of each fiscal year if it is determined that there are insufficient funds to extend the Contract.

13. All expenses resulting from preparation and responding to this bid/proposal shall be the sole responsibility of the bidder/proposer and not reimbursable. This provision includes, but is not limited to, bid bonds, performance and payment bonds, reproduction (copy) services, etc.

14. All purchases made as a result of this solicitation shall be delivered FOB: Inside Delivery at no additional charge to the District.

15. Contact between bidders/proposers and District staff other than those in the Purchasing Department


during the bidding process or evaluation process is prohibited. Any attempt by a bidder/proposer to contact District staff outside the Purchasing Department may result in disqualification.

16. The District utilizes Electronic Funds Transfer (EFT) to pay for goods and services. Vendors awarded a contract as a result of this solicitation will be required to provide appropriate banking information to receive payment.

17. A Vendor awarded a Contract as a result of this solicitation shall defend, indemnify, and save whole and harmless Northside Independent School District and all of its officers, agents, and employees from and against all suits, actions, or claims of any character, name and description brought for or on account of any injuries or damages (including death) received or sustained by any person or property on account of, arising out of, or in contention with, any negligent act or omission of Vendor or any agent, employee, subcontractor or supplier of Vendor in the execution or performance of this Contract. The Vendor shall also defend and indemnify the Northside Independent School District against claims by any subcontractor, supplier, laborer, materialman or mechanic for payment for work or materials provided on behalf of the Vendor in the performance of the services contemplated herein, and all such claimants shall look solely to the Vendor and not Northside Independent School District for satisfaction of such claims.

18. Vendor certifies that is in compliance with all applicable provisions of the House Bill 89. Purchases made in accordance under the provisions of Subtitle F, Title 10, Government Code Chapter 2270 must comply with the following: The Vendor does not boycott Israel currently; and will not boycott Israel during the term of the contract the above-named Company, business or individual with Northside Independent School District.

THIS SECTION INTENTIONALLY LEFT BLANK


FORM H

NORTHSIDE ISD VENDOR CERTIFICATION FORMS

FELONY CONVICTION NOTIFICATION

Texas Education Code, Section 44.034, Notification of Criminal History of Contractor, subsection (a), states “a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony”. Subsection (b) states “a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business for services performed before the termination of the contract.”

Does vendor agree? YES ________ Initials of Authorized Representative of vendor

CERTIFICATION OF COMPLIANCE WITH TEXAS FAMILY CODE PROVISION As per Section 14.52 of the Texas Family Code, added by S.B. 84, Acts, 73rd Legislature, R.S. (1993), all bidders must complete and submit with the bid the following affidavit: I, the undersigned vendor, do hereby acknowledge that NO sole proprietor, partner, majority shareholder of a corporation, or an owner of 10% or more of another business entity is 30 days or more delinquent in paying child support under a court order or a written repayment agreement. I understand that under this provision, a sole proprietorship, partnership, corporation or other entity in which a sole proprietor, partner, majority shareholder or a corporation, or an owner of 10% or more of another entity is 30 days or more delinquent in paying child support under a court order or a written repayment agreement is NOT eligible to bid or receive a state contract.


CERTIFICATION OF COMPLIANCE WITH HOUSE BILL 89

Vendor certifies that is in compliance with all applicable provisions of the House Bill 89. Purchases made in accordance under the provisions of Subtitle F, Title 10, Government Code Chapter 2270 must comply with the following: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract the above-named Company, business or individual with

Northside Independent School District. Does vendor agree? YES ________ Initials of Authorized Representative of vendor


REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS

UNDER FEDERAL AWARDS – APPENDIX II TO 2 CFR PART 200

The following provisions are required and apply when federal funds are expended by Northside ISD for any contract resulting from this procurement process. (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation

adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

Pursuant to Federal Rule (A) above, when federal funds are expended by Northside ISD, Northside ISD reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.


(B) Termination for cause and for convenience by the grantee or sub grantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000)

Pursuant to Federal Rule (B) above, when federal funds are expended by Northside ISD, Northside ISD reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Vendor, in the event vendor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. Northside ISD also reserves the right to terminate the contract immediately, with written notice to vendor, for convenience, if Northside ISD believes, in its sole discretion that it is in the best interest of Northside ISD to do so. The vendor will be compensated for work performed and accepted and goods accepted by Northside ISD as of the termination date if the contract is terminated for convenience of Northside ISD. Any award under this procurement process is not exclusive and Northside ISD reserves the right to purchase goods and services from other vendors when it is in the best interest of Northside ISD.

Does vendor agree to abide by the above?

YES ________ Initials of Authorized Representative of vendor

(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”


Pursuant to Federal Rule (C) above, when federal funds are expended by Northside ISD on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein.

Does vendor agree to abide by the above?

YES ________ Initials of Authorized Representative of vendor

(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or sub recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

Pursuant to Federal Rule (D) above, when federal funds are expended by Northside ISD, during the term of an award for all contracts and sub grants for construction or repair, the vendor will be in compliance with all applicable Davis-Bacon Act provisions.


(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.


Pursuant to Federal Rule (E) above, when federal funds are expended by Northside ISD, the vendor certifies that during the term of an award for all contracts by Northside ISD resulting from this procurement process, the vendor will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act.


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

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


(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and sub grants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

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


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

Pursuant to Federal Rule (H) above, when federal funds are expended by Northside ISD, the vendor certifies that during the term of an award for all contracts by Northside ISD resulting from this procurement process, the vendor certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment,


declared ineligible, or voluntarily excluded from participation by any federal department or agency.

Does vendor agree? YES ________ Initials of Authorized Representative of vendor (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding

$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

Pursuant to Federal Rule (I) above, when federal funds are expended by Northside ISD, the vendor certifies that during the term and after the awarded term of an award for all contracts by Northside ISD resulting from this procurement process, the vendor certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that:

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

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

(1) The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all sub recipients shall certify and disclose accordingly.



RECORD RETENTION REQUIREMENTS FOR CONTRACTS PAID FOR WITH FEDERAL FUNDS –

2 CFR § 200.333

When federal funds are expended by Northside ISD for any contract resulting from this procurement process, the vendor certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The vendor further certifies that vendor will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or sub grantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.


CERTIFICATION OF COMPLIANCE WITH EPA REGULATIONS APPLICABLE TO GRANTS, SUBGRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS

IN EXCESS OF $100,000 OF FEDERAL FUNDS When federal funds are expended by Northside ISD for any contract resulting from this procurement process in excess of $100,000, the vendor certifies that the vendor is in compliance with all applicable standards, orders, regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15. Does vendor agree? YES ________ Initials of Authorized Representative of vendor

CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When federal funds are expended by Northside ISD for any contract resulting from this procurement process, the vendor certifies that the vendor will be in compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). Does vendor agree? YES ________ Initials of Authorized Representative of vendor

CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS Vendor certifies that vendor is in compliance with all applicable provisions of the Buy America Act. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition. Does vendor agree? YES ________ Initials of Authorized Representative of vendor


CERTIFICATION OF NON-COLLUSION STATEMENT

Vendor certifies under penalty of perjury that its response to this procurement solicitation is in all respects bona fide, fair, and made without collusion or fraud with any person, joint venture, partnership, corporation or other business or legal entity. Does vendor agree? YES ________ Initials of Authorized Representative of vendor Vendor agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is further acknowledged that vendor certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted above. Vendor’s Name/Company Name: __________________________________________________________________ Address, City, State, and Zip Code: ________________________________________________________________ Phone Number: _____________________________ Fax Number: ______________________________________ Printed Name and Title of Authorized Representative: _________________________________________________ Email Address: ________________________________________________________________________________ Signature of Authorized Representative: ____________________________________________________________ Date: ___________________________ Federal Tax ID #_______________________________________________


REQUEST FOR PROPOSAL CHECKLIST

Check Tab 1 - Cover Letter Tab 2 - Proposal Submission Forms: Fully executed counterparts to Forms A-H Tab 3 – Profile of Proposer, to include Certification of Insurance Tab 4 - Scope: Description of scope of goods/services to be provided Tab 5 - Questionaire Response: If questionaires are supplied in this RFP, restate the question and provide a

response. Tab 6 - Invoice Procedures Tab 7 - Price Proposal Tab 8 - Addenda: Insert executed counterpart to all Addenda posted on District’s website

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