VENTURA UNIFIED SCHOOL DISTRICT 255 W. STANLEY AVENUE VENTURA, CA 93001

BID NO. FNS1-17 FOOD AND GROCERY PRODUCTS

PURCHASING DEPARTMENT (805) 641-5000 EXT. 1251 FAX: (805) 653-7858

CONTENTS

Notice Inviting Bids ...….……….….………………………………………………….…3 Instructions to Bidders……………………………………………………………………4 General Conditions……………………………………………………………………....13

Page | 1 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS District Fact Sheet.………………….……………………….…………………………..20 Bidder’s Checklist……………………………………………………………………….21 Bid Form……………………………………………..……...…………………………..22 Product Quotation Sheets ………………………………..…….………………………..23 Bidder Questionnaire……………………...……………….……..………...…………...28 Noncollusion Declaration……………….……..………...……………………………...29 Prompt Payment Discount………………………………..….………………………….30 Reference Form.…………………………………………………………………………31 Agreement ………………………………………………………………………………32 Contractor’s Certification Regarding Drug-Free Workplace…………………………...36 Contractor’s Certification Regarding Workers Compensation…………………………38 Buy American Certification…………………………………………………………….39 Iran Contracting Act Certification………………………………………………………40 Disclosure of Lobbying Activities………………………………………………………41

Page | 2 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS VENTURA UNIFIED SCHOOL DISTRICT

NOTICE INVITING BIDS

NOTICE IS HEREBY GIVEN that the Ventura Unified School District of Ventura County, California, acting by and through its Governing Board, hereinafter referred to as the District, will receive up to, but no later than May 11, 2016 at 2:00 P.M., sealed bids for the award of contracts for:

BID #FNS1-17 Food and Grocery Products BID #FNS2-17 Bread Products BID #FNS3-17 Produce Products

All bids shall be made on a form obtained at the Purchasing Department of said District. Bids will be received at the Ventura Unified School District Purchasing Office located at 255 West Stanley Avenue, Suite 100, Ventura, CA 93001, on or before the time and date stated above. Bids not received in the Purchasing Department by the specified date and time will be returned unopened.

Each bid must conform and be responsive to all pertinent Bidding and Contract Documents. Copies are on file and may be obtained from the Purchasing Office at the above address, or online at http://www.venturausd.org/business/BusinessServices/Purchasing/CurrentBidsandRFPs.a spx

Each bid shall be accompanied by the bid security of cash, a cashier’s or certified check, or bid bond for ten percent (10%) of the amount of the bid made payable to Ventura Unified School District.

There will be a pre-bid conference meeting on April 28, 2016, at 10:00 a.m., VUSD Education Service Center, 255 W. Stanley Avenue, Ventura, CA 93001. Bidders are encouraged to attend this meeting to obtain details about our Food & Nutrition Services program, the bid process and requirements, and to have an opportunity to ask questions.

Contract(s) will be awarded to the lowest responsive, responsible bidder(s) based on the criteria noted in each bid. The District reserves the right to reject any or all bids, to accept or reject any one or more items of a bid or to waive any irregularities or informalities in the bids or in the bidding.

No bidder may withdraw his bid for a period of sixty (60) days after the date set for the opening of bids.

Ventura Unified School District Mary Cox, Director of Purchasing (805) 641-5000 x1251

Advertising dates: April 15, 2016 April 22, 2016

Page | 3 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS Page | 4 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS INSTRUCTIONS TO BIDDERS

No bid shall receive consideration by the Ventura Unified School District unless made in accordance with the following instructions: 1. Preparation of Bid The District invites bids on the attached form to be submitted by qualified bidders to the District at such time and place as is stated in the Notice Inviting Bids, not later than May 11, 2016 at 2:00P.M. Bid shall be received in the Purchasing Department of the Ventura Unified School District, 255 W. Stanley Avenue, Suite 100, Ventura, CA 93001. All bids must be submitted in sealed envelopes bearing on the outside the name of the bidder, his address, the bid number, and the bid name. It is the sole responsibility of the bidder to see that his bid is received in proper time. All bids received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. Bids must be made on the Product Quotation Sheets included in this invitation for bids along with the Bid Form. All items on the form should be filled out. Numbers should be stated in figures, and the signatures of all individuals must be in long hand. Bid Form must be signed by a responsible officer of the bidder in order to be considered. The completed form should be without interlineations, alterations, or erasures. Bidder must insert unit price for each item on the Product Quotation Sheets. More than one unit price inserted for any one item may result in the rejection of the bid unless alternate bids are specifically requested. All prices and quotations must be in ink or typewritten. No pencil figures or erasures permitted. Mistakes may be crossed out and corrections inserted adjacent thereto and must be initialed in ink by person signing quotation. No oral, telegraphic or telephone quotations or modifications will be accepted. Quote on each item separately. Prices must be stated in units specified herein or trade standard. Each item must be considered separately and not in combination with other items unless otherwise specified on proposal form by the District. In case of error, unit prices will govern and extensions will be corrected. 2. Bidders Responsibility Before submitting a bid, bidders shall carefully examine and become familiar with the terms and requirements of the contract and bid documents, specifications, and other forms and documents included in the invitation for bids. Bidders shall fully inform themselves as to all existing conditions affecting the performance of the contract and the cost of the all work, materials, and equipment to perform all operations required within this invitation for bids. Bidders shall insure that unit cost and total cost is reflected in the bid. No allowance will be made because of lack of such examination or knowledge on the part of the bidder. 3. Bid Security None required. 4. Requests for Information Any questions relative to the bid should be directed to the District Purchasing Director, Mary Cox (805) 641-5000 ext. 1251, 255 W. Stanley Avenue, Suite #100, Ventura, California 93001. 5. Execution of Agreement In addition to the Bid Form, all bidders must sign and return two (2) copies of the Agreement Page | 5 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS included in this invitation for bids, and must return it to the District, together with the Bid Form and completed Product Quotation Sheets. 6. Identification of Bidder Each bid must give the full business address of the bidder and must be signed by the bidder with his or her usual signature. Bids by partnerships must furnish the full names of all partners and must be signed in the partnership name by a general partner with authority to bind the partnership in such matters. Bids by corporations must be signed with the legal name of the corporation, followed by the signature and designation of the president, secretary, or other person authorized to bind the corporation in this matter. The name of each person signing shall also be typed or printed below the signature. When requested by the District, satisfactory evidence of the authority of the officer signing on behalf of the corporation shall be furnished. A bidder's failure to properly sign required forms may result in rejection of the bid. 7. Withdrawal of Bids A bid may be withdrawn by the vendor prior to the time fixed for the opening of bids, but may not be withdrawn for a period of sixty (60) days after the opening of bids. 8. Acceptance or Rejection of Bids The District reserves the right to reject any and all bids or any portion or combination thereof, to contract work with whomever and in whatever manner the District decides, to abandon the work entirely, and to waive any informality or nonsubstantive irregularity as the interests of the District may require. Bids that arrive after the time set forth for opening in this invitation for bids will be returned to the bidder unopened. 9. Award of Contract and Notification The contract will be awarded to the lowest responsive and responsible bidder(s) which obtain a satisfactory score on all other evaluation criteria. Bids will be evaluated on the following factors: price, experience and references, USDA food management, key personnel, discounts offered, and compliance with all aspects of the specifications and bid. The District will be the sole judge of merit and not necessarily accept the lowest price offered as SERVICE and QUALITY of items will be considered in making a decision. The District reserves the right, in its absolute discretion, to accept bids, or any part of any bid, and to make an award of contract(s) in the best interest of the District. The District reserves the right to award all or part of this bid to one or more vendors. The District reserves the right to negotiate any and all prices with the Contractor conditionally selected, prior to final award of contract to said Contractor. “All or Nothing” proposals should be so stated on Proposal Form. Notification of award will be made by Notice of Award letter accompanied by signed contract, following Board approval of award of contract. 10. Amendments The terms and conditions contained in this invitation for bids, Bid Form, Instructions to Bidders, General Conditions, Specifications, and Agreement herein may be amended or modified only with the prior written approval of the District. Any addenda or bulletins issued up until the time set for opening of bids shall form a part of the documents and specifications issued to vendors for the preparation of their bids and shall constitute a part of the contract documents. 11. Evidence of Responsibility Upon the request of the District, a bidder shall submit promptly to the District satisfactory evidence showing the bidder's financial resources, the bidder's experience in the type of work being required by the District, the bidder's organization available for the performance of the contract and any other

Page | 6 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS required evidence of the bidder's qualifications, competency, and responsibility to perform the proposed contract. The District may consider such evidence before making its decision awarding the proposed contract. Failure to submit evidence of a bidder's responsibility to perform the proposed contract may result in rejection of the bid. The District reserves the right to reject the bid of any vendor who has previously failed to perform properly or to complete on time contracts of a nature similar to this project. 12. Pre-Award Conference The apparent low responsive and responsible bidder may be required to attend a pre-award conference with District representatives, within five (5) calendar days of District request. The purpose of the pre-award conference will be to discuss and evaluate the bidder's experience in the performance of a contract of similar scope, to discuss the invoicing and credit requirements, and to assure District representatives that the bidder possesses an understanding of the scope of the contract, including the service, insurance and delivery requirements of the District. The decision of the District's representatives as to the ability of the bidder to successfully service this contract in accordance with the requirements shall be final. 13. Taxes Unless otherwise specified, taxes shall not be included in the prices quoted. The District will compute the state sales and use taxes. Federal excise taxes are not applicable to school districts. 14. Discounts Any discounts offered by bidders must be stated clearly on the bid form itself so that the District can calculate properly the net cost of the bid. Offers of discounts or additional services not delineated on the bid form will not be considered by the District. Prompt payment discounts of less than fifteen (15) days will not be considered. Discounts, when given, will be figured from date of receipt of accurate invoices, provided complete delivery and acceptance of the order has been made. If delivery date is later than date of receipt of invoice, billing date will coincide with delivery and acceptance date. 15. FOB Destination Pricing Bidders must quote prices "F.O.B. Destination" to the District delivery location(s) specified on the District Fact Sheets. Prices should be stated in the units specified and bidders should quote each item separately. The District will not pay drayage, packing, or shipping and handling charges, nor shall the District pay for any fuel surcharges that are not indicated herein. Additionally, all prices offered by bidders, must include on site off loading and inside delivery. 16. Quantities The quantities indicated on the Product Quotation Sheets are the District's best estimate, as determined from previous annual totals and projected usages, and do no obligate the District to purchase the indicated quantities. The actual quantities required may be substantially more or less than indicated herein. 17. Samples and Demonstrations On request, samples of the products being proposed shall be furnished free of cost to the District. Bidders may be required to demonstrate any item(s) proposed. Such demonstration(s) shall be made within the Ventura Unified School District boundaries. The District reserves the right to reject the bid of any bidder failing to submit samples or provide demonstrations as requested. 18. Literature Any bidder offering a brand other than those specified shall furnish specification sheets, product Page | 7 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS information and other pertinent literature with their bid.

19. Container Costs and Delivery All costs for containers shall be borne by the bidder. All products shall conform to the provisions set forth in the federal, county, state and city laws for their production, protection, handling, processing and labeling. Packages shall be so constructed to ensure safe transportation to point of delivery. 20. Negotiations A response to any specific item of this invitation to bid with terms such as "negotiable," "will negotiate," or similar, will be considered non-responsive to that specific item. 21. Interpretation of Specifications and Documents If any person submitting a bid is in doubt as to the true meaning of any part of the plans, specifications or other contract documents, or finds discrepancies in, or omissions from the drawings or specifications, he may submit a written request for an interpretation or correction to the District’s Purchasing Director, Mary Cox (805) 641-5000 ext. 1251, 255 W. Stanley Avenue, Suite #100, Ventura, California 93001. Any interpretation or correction of the contract document will be made only by Addendum duly issued and a copy of such Addendum will be mailed or delivered to each person receiving a set of such contract documents. The District will not be responsible for any other explanations or interpretations of the contract documents. Any addenda issued during the time of this invitation for bids, or forming a part of the documents provided to the bidder for the preparation of his bid, shall be made a part of the contract. No Addenda will be issued later than three (3) days prior to the date set for the opening of bids so that all inquiries can be answered in writing and distributed to all vendors in ample time before the opening date for bids. 22. Bidders Interested in More Than One Bid No person, firm or corporation shall be allowed to make, or file, or be interested in more than one bid for the same work or products. A person, firm, or corporation who has submitted a sub-proposal to a bidder, or who has quoted prices of materials to another bidder, is not thereby disqualified from submitting a sub-proposal or quoting prices to other bidders or making a prime proposal. 23. Modifications to Agreement Any modifications, qualifications, exceptions, changes made to the District's terms, specifications, and conditions detailed herein shall be grounds for rejection of bid. 24. Specifications and Acceptable Brands The use of the name of a manufacturer or any special brand or make in the specifications is not intended to restrict bidders. The specification establishes the character or quality of the article desired, but the goods on which proposals are submitted must, in all cases, be equal in every particular to the item specified, and must clearly state the brand and product number. Such substitution shall be accepted only if determined by the District to be equal or superior in all respects to that specified. Samples shall be submitted in accordance with Paragraph 25, Samples and Product Evaluation. If the brand offered as "equal" is not acceptable by the District as "equal" to the brand and product specified, vendor must furnish one of the specified brands at the same price quoted in the original proposal submitted.

It is understood and agreed that the bidder is quoting upon the identical item as specified, unless he states specifically in the space provided the brand or make he offers as the equal of the one Page | 8 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS specified in the Proposal Form. The words “as specified” or the initials A.S. or A/S or any accepted symbols meaning “as specified” will be considered by the District as being exactly the same as the item listed.

On all items where no brand names are indicated, bidders may offer products which will be subject to the District's evaluation. If the product offered is not acceptable by the District for the item as specified, vendor must furnish an acceptable product at the same price quoted in the original proposal submitted. 25. Samples and Product Evaluation Within two (2) working days of request by the District, the bidder shall submit, at no charge to the District, a minimum of one (1) case sample for each item offered and requested for evaluation. Each sample shall be labeled with the bid number and product item number. Samples shall be submitted directly to: Ventura Unified School District Food and Nutrition Services 255 W. Stanley Avenue, Suite 100 Ventura, CA 93001

Failure to comply with sample and evaluation requirements, including sample delivery time frame, may result in the bidder's disqualification for contract award. Each item offered shall be subject to a product evaluation process conducted by a representative group within the District. The decision of the District shall be final. 26. Nutritional Information Bidders are required to provide complete product information sheets (cut sheets) for all products included in the bid, indicating pack size, weight per unit, and nutritional analysis. Product information sheets are required as part of the bid submittal. Product information sheets may be submitted in either hard copy or in electronic format. Proposals submitted without product information sheets will be rejected as non-responsive. Acceptable documents that meet this requirement are:

1. Product Formulation Statements (PFS), including:  Product name, code number, and serving size  Type and weight of creditable ingredient  Printed name and signature, title of company representative (this certifies that the information on the PFS is ture and correct) and date signed (date must be current). 2. The Child Nutrition (CN) Label:  A voluntary federal labeling program that provides a warranty for CN-labeled products;  The contribution to the meal pattern is on the label in a special format;  Carries the CN logo with the contribution;  States the month and year of approval; and  The product identification number is assigned by USDA FNS. All ingredients must be declared on the product label and conform to the Food Allergen Labeling and Consumer Protection Act as required by the Food and Drug Administration. Labels must list Page | 9 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS the presence of ingredients which contain: protein derived from milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, or soybeans. Bidder shall notify Food and Nutrition Services whenever there is a product/ingredient change in any item provided to the District. If any product changes occur, new ingredient statements and nutritional information shall be provided to the Food and Nutrition Services Department. 27. Method of Pricing and Completing Proposal Bidders shall offer one firm, fixed price for each item offered. Alternate pricing or proposals will be rejected. Bids stating "will negotiate" or "to be determined" or similarly vague language will be considered as non-responsive and will be subject to rejection of the bid. Errors in price computation on the Product Quotation Sheets do not relieve a bidder from holding price. Veracity of prices submitted in this proposal is the sole responsibility of the bidder. The price offered on the Product Quotation Sheets shall be considered as the bidder's base price to which any subsequent price adjustments shall be made. 28. References Bidder will provide three current references that require deliveries to multiple locations. These references must include the client name, address, phone number and name of contact person. At least two of the three references provided must be from school districts located within California.

29. Bid Evaluation and Selection Criteria Bid proposals will be evaluated upon the following criteria: 1. Cost (up to 40 points) 2. Experience & References (up to 30 points) 3. USDA food management (up to 20 points) 4. Key Personnel (up to 10 points) Each Proposal will be scored on a scale of 1 to 100 points. The contract will be awarded to the best qualified, lowest responsive/responsible contractor, weighing heavily on the highest evaluated score. Cost (40 points) Bidders should bid firm prices. As noted above, the District reserves the right to negotiate further on pricing with the awarded Bidder prior to the execution of a Contract with that Bidder. This element of the evaluation will be worth up to forty (40) points. Experience & References (30 points) The District desires to engage a Contractor with the experience necessary to realize the food service objectives of the District. This component will be evaluated based on the Contractor’s demonstrated experience in and/or with: (i) providing past and existing services to the District; (ii) the anticipated capacity to provide timely and adequate services to the District; and (iii) reported and/or demonstrated provision of services by the Contractor to other school districts and entities. This element of the evaluation will be worth up to thirty (30) points. USDA Food Management (20 points) The District desires to work with a Contractor that has extensive knowledge of USDA food management. The District expects the Contractor to use a system that is both live and accurate; it is expected that this information can be accessed at any time upon request from the District. When entitlement is within 20% of use, the District expects to be notified on what products can be Page | 10 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS purchased in place of USDA foods. Key Personnel (10 points) The District desires that the personnel assigned by the Contractor under the contract be adequate in number and proficiency. The personnel should have experience working together and each such individual should have the necessary level of experience and education for his or her proposed role. This element of the evaluation will be worth up to ten (10) points.

30. Method of Award The anticipated method of award shall be as one lot or product group to the low responsive and responsible bidder meeting all terms, conditions and specifications, and receiving an acceptable rating on all other evaluation factors. Bids will be computed and the low bidder determined by multiplying each line item quantity by the unit price offered to achieve an extended total price for each line item. All line item extended totals will be summed to arrive at a grand total. The low bidder will have submitted the lowest bid for 80% of the items within a lot or product group. If bidder has offered any prompt payment discount, the District will subtract those payment discount terms (over 15 days only) to arrive at each vendor’s net pricing offer. 31. Offers of Additional Items This invitation for bids does not cover all products that will be used during the school year, but does include the products that are most used. Vendors are to attach a separate list of all products available, with firm prices for the contract period. Additional items offered will not be considered when calculating bid totals and awarding a contract.

Page | 11 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS GENERAL CONDITIONS

1. Responsibility for Supplies and Materials The Contractor shall be responsible for all items to be provided until they are delivered at the designated delivery point, regardless of the point of inspection. After delivery to the District at the designated point and prior to acceptance by the District or rejection and giving notice thereof by the District, the District shall be responsible for the loss or destruction of or damage to the supplies only if such loss, destruction, or damage results from the negligence of officers, agents, or employees of the District acting within the scope of their employment. The Contractor shall bear all risks as to rejected supplies after notice of rejection, except that the District shall be responsible for the loss, or destruction of, or damage to the supplies only if such loss, destruction or damage results from the gross negligence of officers, agents, or employees of the District acting within the scope of their employment. 2. Specification Variance All materials, supplies, and equipment furnished must be in conformity with the specifications and will be subject to inspection and approval of the District. The District reserves the right to reject, at the risk and expense of the Contractor, any item(s) which may be defective or fail to comply with specifications. Any such rejection shall not invalidate the remainder of the award. 3. Assignment The Contractor shall not assign, convey, or transfer any rights, obligations, or interests hereunder without the prior written consent of the District. 4. Default If the Contractor refuses or fails to perform all or any part of its obligations under the contract or the bid documents, including failure to perform its obligations in a timely manner; products received are of an inferior quality and not the same as specified or shown at the sampling; or if the Contractor fails or neglects to furnish or delivery any equipment, products, materials or services at the quoted prices, or at the times and places stated; or otherwise fails to comply with the terms of this bid and contract in its entirety; the District may, without further notice or demand, cancel and rescind this contract or may purchase said goods, supplies or services elsewhere, and hold said Contractor responsible and liable for all damages which may be sustained thereby, or on account of the failure or neglect of said Contractor in performing any of the terms and conditions of this contract; it being specifically provided and agreed that time shall be of the essence of this agreement. The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to the District. 5. Indemnification and Hold Harmless The Contractor shall maintain, or cause to be maintained, such insurances as will protect him and the District from claims under Worker's Compensation Acts, and such public liability insurance as will protect him and the District from claims for damages for personal injury, including death, and damage to the property, which may arise from operations under this contract, whether such operations be by himself or by any subcontractor or anyone directly or indirectly employed by either of them. The Contractor agrees to hold harmless, defend and to indemnify the District from every claim or demand which may be made by reason of: (a) Any injury to person or property sustained by the Contractor or by any person, firm, or Page | 12 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS corporation, employed directly or indirectly by him upon or in connection with his work, however caused; and (b) Any injury to person or property sustained by any person, firm, or corporation, caused by any act, neglect, default, or omission of the Contractor or any other person, firm or corporation directly, or indirectly employed by him upon or in connection with his work, whether the said injury or damage occurs upon or adjacent to the work; the Contractor at his own cost, expense and risk, shall defend any and all actions, suits, or other legal proceedings, that may be brought or instituted against the District on any such claim or demand, and payor satisfy the judgment that may be rendered against the District in any such action, suit or legal proceedings or result thereof. (c) Contractor shall defend, indemnify, protect, and hold harmless Ventura Unified School District and its agents, officers and employees from and against any and all claims asserted or liability established for damages or injuries to any person or property which arise from or are connected with or are caused or claimed to be caused by Contractor's failure to comply with all of the requirements contained in Education Code section 45125.1, including, but not limited to, the requirement prohibiting Contractor from using employees who may have contact with pupils who have been convicted or have charges pending for a felony as defined in Education Code section 45122.1. 6. Prevailing Law In the event of any conflict or ambiguity between a) the Instructions to Bidders, General Conditions, Specifications, Agreement, or any other document forming a part of this invitation for bids, and b) state or federal law or regulations, the latter shall prevail. Additionally, all items and equipment to be supplied or services to be performed under the bid and contract shall conform to all applicable requirements of local, state and federal law. 7. Anti-Discrimination The Governing Board of the Ventura Unified School District has adopted an Affirmative Action Program for equal employment opportunities for all school district purchasing contracts. The Contractor shall familiarize himself with these requirements and is to consider them as a binding part of the contract. 8. Public Entity Participation Other school and community college districts within Ventura, Santa Barbara, San Luis Obispo and Los Angeles Counties may purchase the identical items at the same price and upon the same terms and conditions. Ventura Unified School District waives its right to having such other districts draw its warrant(s) in favor of this district. 9. Governing Law and Venue In the event of litigation, the bid documents, specifications and related matters shall be governed by and construed in accordance with the laws of the State of California. Venue shall be with the appropriate state or federal court located in Ventura County. 10. Comprehensive General Liability Insurance Successful bidder shall maintain during the life of this contract a Comprehensive Liability Insurance policy with an insurance carrier with no less than an A-7 rating, unless agreed to by the District. The insurance will serve to protect the successful bidder and the District from all claims for personal injury, including accidental death, as well as from all claims of property damage arising from the operations under this contract. The minimum amounts of such insurance shall be as hereinafter set forth. Successful bidder will be required to furnish certificates of insurance with endorsement of the policy naming the District as an additionally insured party prior to start of contract. Page | 13 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS 1. Limits of Insurance: Comprehensive General Liability insurance will have limits of no less than $1,000,000 per occurrence and $2,000,000 aggregate.

2. Automobile liability insurance is required for any vehicle on District sites. Limits of automotive liability shall be no less than $1,000,000 per occurrence.

3. Insurance certificate must name Ventura Unified School District as additional insured.

4. An endorsement must be issued by the successful bidder’s insurance carrier amending the bidder’s policy and naming the Ventura Unified School District as an additionally insured party. The endorsement must be on ISO Form CG 20 1185 or equivalent. 11. Product Quality Control The District reserves the right to discontinue service of all or any portion of any contract resulting from this bid for any reason determined by the District to be detrimental to the health and welfare of the students and school personnel, or failure to meet contract specifications or wholesomeness standards, and to hold the contractor in default. All products received under this contract shall be processed according to the health and sanitation standards for plant facilities and food processing established by the locality or state in which Processor's plant is located or by the applicable federal standards, whichever are higher. 12. Packaging Cases and packages shall be so constructed as to ensure safe and sanitary transportation to point of delivery. Damaged cases or packages may be rejected and returned for credit or immediate replacement, at no cost to the District for product or freight. All packaging materials shall be FDA approved and meet all pertinent state and federal regulations for safe use with foods. Packaging materials shall impart no odor, flavor, or color to the product. 13. Labeling and Dating All ingredients must be declared on the product label and conform to the Food Allergen Labeling and Consumer Protection Act as required by the Food and Drug Administration. Labels must list the presence of ingredients which contain: protein derived from milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, or soybeans. Contractor shall notify Food and Nutrition Services whenever there is a product/ingredient change in any item provided to the District. If any product changes occur, new ingredient statements and nutritional information shall be provided to the Food and Nutrition Services Department. Failure to provide notification to Food and Nutrition Services regarding product label changes may result in termination of the contract. Cases of product shall be clearly and legibly labeled with product name, code, and weight. All items are required to carry legible, open code dating on each package, carton, pouch, box, or case. If code is encrypted, the District may request that Contractor provide key from manufacturer to decode information. Code dates will be monitored and product with less than one (1) week expiration date will not be accepted and credit will be given. 14. Ordering Conditions The Contractor shall be required to provide to District access to and use of an online ordering system. The online system shall allow placement of orders 2 days prior to the delivery date. The

Page | 14 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS online ordering system shall clearly indicate if any items being ordered will be placed on backorder or canceled due to lack of available stock from the Contractor. Orders placed by 2:00pm shall be delivered within the first hour of the delivery window/receiving hours of the district warehouse and each school site, on the second day after the order is placed. 15. Order Size There will be no minimum order requirements for deliveries. 16. Product Substitution and Discontinued Items The District will not allow substitutions without prior approval. In the event Contractor is unable to deliver an item as specified in this contract, notification of shortage must be made orally, by facsimile or by electronic mail at least 24 hours prior to scheduled delivery to the Food and Nutrition Services Department. An equal or better substitute product must immediately be made available to the District for approval and subsequent distribution to the cafeterias, at no additional charge to the District for product, freight, or redelivery to District sites. Substitutions in quality or quantity must receive prior approval from the Food and Nutrition Services Department in order to qualify for payment. When substitutions do occur, Contractor shall provide nutritional statements and ingredient listings of the replacement product to the Food and Nutrition Services Department. If substitution is unavoidable due to market conditions, Contractor must provide equivalent item for District approval at no additional cost to the District for product or freight. Authorization of a substitute product shall be at the sole discretion of the District. In the event an item awarded under this contract is discontinued, Contractor is required to notify the Food and Nutrition Services Department immediately. Contract items that are discontinued by their manufacturer during the term of the contract may be substituted with a same or similar item only if it equals or exceeds the specifications of the original item. Written documentation from the manufacturer of product discontinuation shall be submitted directly to the Food and Nutrition Services Department. The Contractor may not discontinue any items from inventory which are not discontinued by their manufacturer, without providing advance written notification to the Food and Nutrition Services Department and receiving District approval for discontinuation. Contractor shall immediately notify Food and Nutrition Services if they become aware of any product changes or reformulation. When product changes do occur, Contractor shall provide nutritional statements and ingredient listings of these products to the Food and Nutrition Services Department. Failure to provide notification to Food and Nutrition Services of any product changes or reformulation of which the Contractor is aware of, may result in termination of the contract. 17. Delivery Instructions The time and manner of delivery are essential factors in proper performance under the contract. Promptness of delivery may be a factor in awarding the contract. All items shall be securely and properly packed and clearly marked as to contents. All shipments shall be accompanied by a packing slip which bears the relevant District purchase order number. Contractor shall maintain product temperatures in accordance with state and local requirements, at all times up to the time of delivery, whether in storage or in transit. Evidence of temperature monitoring must be produced upon request by the District. The District reserves the right to make additions to, or deletions from, the specified delivery locations to be served at any time during the period of the contract, and revise delivery times as required. A list of delivery locations and times is included in the District Fact Sheet for each District taking an interest in this invitation for bids. The Contractor shall be required to make weekly deliveries to the District secondary school kitchens and the District warehouse during open kitchen and warehouse hours when site staff is Page | 15 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS present. Deliveries to school kitchens must be made within the hours specified on each District Fact Sheet, unless arranged otherwise. Contractor must be able to guarantee second-day delivery to all school sites. Second day is defined as delivering to a school site within the first hour of their stated delivery hours on the District Fact Sheet, for all orders placed by 2:00pm two days prior. Contractor must state their Delivery Time ARO on the Bid Form. For emergency orders, the Contractor will be required to make direct deliveries to the various cafeterias or other locations as requested by the District Food and Nutrition Services or Purchasing Departments ONLY. There is no minimum order requirement for emergency orders. The Contractor's delivery driver shall check in with the Cafeteria Manager, Warehouse Supervisor, or designated representative upon arrival at the kitchen site or warehouse prior to unloading product into the kitchen or warehouse. District staff members shall not be required to enter Contractor's vehicles to verify any issues related to the delivery. 18. Invoicing and Billing Period Unless otherwise specified, Contractor shall render invoices in triplicate for materials delivered under the contract, to the address and department as stated on each District Fact Sheet. Invoices shall be submitted immediately upon delivery of items to the district. All invoices shall include the following information: 1. District purchase order number 2. Contractor's name, address, and telephone number 3. Contractor's invoice number and date 4. Designated line for District signature 5. Delivery address 6. Date of delivery 7. Product description for each item ordered 8. Manufacturer’s Product Code (MPC) for each item ordered 9. Product quantity for each item ordered 1. Unit and extended price for each item ordered 2. Any taxes or fees listed separately. 3. Total price of order/invoice

Cash discount will be applied to payment for the entire billing period. Terms of Net 15 days or more will be considered. 19. Price Adjustments The Contractor may request an annual price adjustment. The request must be submitted in writing, to the District Purchasing Department at least 45 days in advance of the contract anniversary date of July 1. Any price increase must only be as a result of severe industry/ market conditions and must be justified and proven by submission of documentation. The decision of the District as to the validity and amount of increase shall be final. Any decrease in prices of the items listed herein should result in a corresponding decrease in prices to the District for the balance of the contract period, or for as long as the lower prices are in effect. 20. Contract Term and Extension

Page | 16 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS The contract term shall be from June 1, 2016 through June 30, 2017. The contract awarded from this bid may be extended for up to and no more than two (2) additional years upon mutual agreement by the District and the vendor. 21. Additional Items I Deletions The District reserves the unconditional right to add other items to the contract. Prices for additional items will be negotiated. 22. Purchases Out of Contract The District reserves the right to purchase similar items from other sources. 23. Non-transferable Responsibilities No assumption or takeover of any of Contractor's duties, responsibilities, or obligations or performance of same by any entity other than Contractor whether through assignment, subcontract, delegation, merger, buyout, or any other mechanism, with or without consideration for any reason whatsoever, may occur without District's express prior written approval. If any assumption, takeover, or unauthorized performance does occur without such prior written approval, this Contract will be terminated for failure of its essential purpose. Such act is therefore a material breach of this Agreement, upon which District may pursue any lawful remedy. 24. Management of Commodity Products The Contractor will maintain records of USDA Foods (commodities), by tracking and coordinating, and delivering processed commodity items ordered by the school districts, through the USDA food commodity program.

Page | 17 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS DISTRICT FACT SHEET VENTURA UNIFIED SCHOOL DISTRICT

Delivery Locations and Hours for Delivery

District Warehouse 150 Day Road, Ventura, CA 93003 Receiving hours: 7:00AM – 11:00AM, Monday-Friday

Anacapa Middle School 100 S. Mills Road, Ventura, CA 93003 Receiving hours: 6:00 AM to 1 PM Monday -Friday

Balboa Middle School 247 Hill Road, Ventura, CA 93003 Receiving hours: 6:00 AM to 1 PM Monday -Friday

Cabrillo Middle School 1426 E. Santa Clara Street, Ventura, CA 93001 Receiving hours: 6:00 AM to 1 PM Monday -Friday

De Anza Academy of Technology and the Arts (DATA) 2060 Cameron Street, Ventura, CA 93001 Receiving hours: 6:00 AM to 1 PM Monday -Friday

Buena High School 5670 Telegraph Road, Ventura, CA 93003 Receiving hours: 6:00 AM to 1 PM Monday -Friday

Foothill Technology High School 100 Day Road, Ventura, CA 93003 Receiving hours: 7:00 to 1 PM Monday -Friday

Pacific High School 501 College Drive, Ventura, CA 93003 Receiving hours: 6:00 AM to 11:00 am Monday -Friday

Ventura High School 2 North Catalina Street, Ventura, CA 93001 Receiving hours: 6:00 AM to 1 PM Monday -Friday

Invoicing

Send all invoices, referencing VUSD purchase order number, to: Ventura Unified School District Accounts Payable Department 255 W. Stanley Avenue, Suite 100

Page | 18 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS Ventura, CA 93001

Page | 19 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS BIDDERS CHECKLIST

BID NO. FNS1-17

FOOD AND GROCERY PRODUCTS

The following documents must be included in bidder’s sealed bid package, and submitted no later than 2:00 pm on May 11, 2016, to the Purchasing Department, 255 West Stanley Avenue, Suite 100, 2nd Floor, Ventura CA 93001.

Check below to indicate that the documents

are included in your bid package

_____ 1. Bidders Checklist

_____ 2. Bid Form acknowledging all Addenda

_____ 3. Product Quotation Sheets

_____ 4. Bidder Questionnaire

_____ 5. Non-Collusion Declaration

_____ 6. Prompt Payment Discount

_____ 7. Reference Form (complete for 3 references)

_____ 8. Agreement (2 signed copies)

_____ 9. Contractor’s Certificate Regarding Drug-Free Workplace

_____ 10. Contractor’s Certificate Regarding Workers Compensation

_____ 11. Buy American Certification

_____ 12. Iran Contracting Act Certification

_____ 13. Disclosure of Lobbying Activities

_____ 14. Nutritional Information (hard copy or electronic format) (as specified in the Instructions to Bidders)

Page | 20 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS VENTURA UNIFIED SCHOOL DISTRICT

BID #FNS1-17 FOOD AND GROCERY PRODUCTS BID FORM Bids Due / Bid Opening: May 17, 2016 at 3:00 PM

Board of Education Ventura Unified School District 255 W. Stanley Avenue, Suite 100 Ventura, CA 93001

Gentlemen:

The undersigned, having carefully examined the REQUEST FOR PROPOSALS, INSTRUCTIONS TO VENDORS, GENERAL CONDITIONS, AND SPECIFICATIONS for BID #FNS1-16 FOOD AND GROCERY PRODUCTS hereby proposes to furnish and deliver said supplies in accordance with prices quoted on the attached itemized Product Quotation Sheets:

TERMS: DELIVERY TIME ARO: ______(after receipt of order)

NOTE: Product Quotation Sheets must each be signed to be valid. Any questions regarding this bid, please contact Mary Cox (805) 641-5000 ext. 1251.

The undersigned has thoroughly examined any and all Addenda issued during the bid period, and acknowledges receipt of the following Addenda: (Vendor is to list all addenda)

ADDENDUM NO. ______Date Received:______

ADDENDUM NO. ______Date Received:______

I hereby acknowledge and agree to all specifications of the Ventura Unified School District and will see that our company is responsible for all services as specified.

______Name of Firm Signature

______Printed/Typed Name Title

______A ddress City State Zip

Page | 21 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS ______Date Phone # Fax #

Page | 22 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS PRODUCT QUOTATION SHEET

Page | 23 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS PRODUCT QUOTATION SHEET

Page | 24 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS PRODUCT QUOTATION SHEET

Page | 25 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS PRODUCT QUOTATION SHEET

Page | 26 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS PRODUCT QUOTATION SHEET

Page | 27 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS BIDDER QUESTIONNAIRE

Bidders must answer questions completely; these answers will be used to evaluate your bid, in accordance with the stated criteria selection. Submit this completed questionnaire with your bid.

1. What is your lead time for orders? What is that process? What is your lead time for new products?

2. What is your method and timeline for providing PFS or CN labels?

3. What is your process of notifying us about product not being available? Do you provide substitutions? How do you determine an appropriate substitution? Can you ensure your substitution meets our nutritionals guidelines – how?

4. If your company delivers wrong products or forgets ordered product, when and how will you fix the issue?

5. What is your current fleet and how will ensure necessary deliveries?

6. How does your company manage invoicing discrepancies?

7. Do you have ordering minimums/requirements?

8. Verify percentage of live info towards USDA food tracking. What system do you use?

9. Once USDA food entitlement is used, what will you do to help district source other products to purchase? What are 3 values that you would use to source new products?

10. What training do your offer for food service personnel? What is your knowledge of the following programs: national school breakfast and lunch, afterschool snack, supper, and farm to school?

11. Enter your fixed fee charge per case for all future items to be purchased. Fixed fees are to remain firm for the duration of the Contract and any renewal periods thereto. a. For items the Distributor is invoiced by the Supplier by case price: Delivery to school site $______per case b. For items the Distributor is invoiced by the Supplier by per pound price: Delivery to school site $______per pound

12. What is current order fill rate percentage company-wide? K-12 schools only?

13. Are local products (state of California) identifiable on either order guides or on the online ordering system? If so, how are they identifiable and what criteria is used to determine if a product is local?

Page | 28 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS NON-COLLUSION DECLARATION

The undersigned declares:

I am the ______[Title] of ______[Name of Company], the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ______[Date], at ______[City], ______[State].

Signed: ______

Typed Name: ______

Page | 29 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS PROMPT PAYMENT DISCOUNT TERMS

Vendors are advised that cash discounts of 15 days or greater are acceptable and will be applied as part of the award calculation(s). Cash discounts of less than 15 days are not acceptable and will be considered as NET 30 days.

IMPORTANT NOTE: Prices quoted in this proposal are to be based on F.O.B. Ventura, freight included to delivery locations listed on the District Fact Sheets. Only prices F.O.B. Ventura freight included will be accepted. If your quote shows price plus freight it will be rejected as non-responsive to terms and conditions.

PROMPT PAYMENT DISCOUNT OF: ______% ______DAYS

Vendor must indicate either a “0” (zero) for no discount, or the offered discount amount. A blank left in the “DAYS” space will negate any percentage discount offered.

Page | 30 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS REFERENCE FORM

(Must complete and submit a minimum of three with proposal) (Complete one form for each client, make additional copies as required)

1. Client Name and Address: ______

2. Contact Name, Telephone Number, and Email Address: ______

3. Number of Delivery Locations: ______

4. Frequency of Deliveries: ______

5. Annual Dollar Volume of Orders: ______

AGREEMENT THIS AGREEMENT, made and entered into this _____ day of ______, 2018, by and between the Ventura Unified School District, hereinafter called the District, and ______hereinafter called the Contractor, for Bid No. FNS1-17, Food and Grocery Products.

WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other, as follows:

1. TERM: The term of this Agreement shall be June 1, 2016 through June 30, 2017.

Page | 31 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS 2. THE CONTRACT DOCUMENTS: The complete contract consists of the following documents: The Notice to Bidders, the Information to Bidders, the Accepted Bid, the General Specifications, and the Agreement, including all modifications thereof duly incorporated therein. Any and all obligations of the District and the Contractor are fully set forth and described therein or are reasonably inferable that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in said documents. The documents comprising the complete Contract are sometimes hereinafter referred to as the Contract Documents, or the Contract.

3. SERVICES, MATERIALS AND SUPPLIES: The contractor agrees to furnish the service or services, the item or items of the stated bid listed herein, and all transportation, service, labor, and material necessary to furnish and deliver same in good condition, in the manner designated in, and in strict conformity with the specifications and other contract documents, at the price or prices hereinafter set forth. Member districts shall not be responsible for the care or protection of any property, material, or parts ordered against said contract before date of delivery to the respective district. It is understood by the Contractor that all items or service will be promptly delivered to the District.

4. PAYMENTS. The contractor shall submit an itemized invoice in duplicate of materials and services at the delivery point and at the time the delivery is made. District shall pay contractor the full amount of each invoice within thirty (30) days of receipt. Contractor shall furnish District with a recap of items upon request.

5. TERMINATION FOR DEFAULT: If the said Contractor fails or neglects to supply or deliver any of said goods, articles, or service at the prices named and at the times and places above stated, the District may, without further notice or demand, cancel and rescind this contract or may purchase said goods, supplies, or services elsewhere, and hold said Contractor responsible and liable for all damages which may be sustained thereby, or on account of the failure or neglect of said Contractor in performing any of the terms and conditions of this contract; it being specifically provided and agreed that time shall be the essence of this agreement.

The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to the District.

6. TERMINATION OF AGREEMENT WITHOUT CAUSE. DISTRICT may terminate this Agreement at any time by giving the Contractor thirty (30) days written notice of such termination. Termination shall have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of such termination. Other than payments for goods or services satisfactorily rendered prior to the effective date of said termination, Contractor shall be entitled to no further compensation or payment of any type from the DISTRICT.

Page | 32 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS 7. DISTRICT'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF: The District may withhold a sufficient amount or amounts of any payment otherwise due to the Contractor, as in its judgment may be necessary to cover defective items not remedied, and the District may apply such withheld amount or amounts to the payment of such claims, in its discretion.

8. EXTRA AND/OR ADDITIONAL SPECIFICATIONS AND CHANGES: Should the District at any time during the performance of the contract, request any alterations, deviations, additions, or omissions from the Specifications or other Contract Documents, it shall be at liberty to do so, and the same shall in no way affect or make void the Contract, but the cost will be added to or deducted from the amount of said Contract price, as the case may be, by a fair and reasonable valuation.

The estimated cost of a proposed change shall be established by unit prices agreed upon by the District and the Contractor.

No change shall be made in any specification of any item under the Contract unless a written statement setting forth the object of the change, its character, amount, and the expense thereof is first submitted to the District and written consent thereto obtained.

9. TIME OF COMPLETION: The Contractor shall begin performance of the Contract promptly upon due execution and delivery to the District of the Contract and Bond (if required). The Contractor is obligated to completely and satisfactorily perform the Contract within the period or periods specified in the Contract documents.

10. SAVE HARMLESS CLAUSE: The Contractor must save, keep, bear harmless and fully indemnify said District and any of its officers or agents from all damages, or claims for damages, costs or expenses in law or equity that may at any time arise or be set up for any infringement of the patent rights, copyright, or trademark of any person or persons in consequence of the use by said District or by any of its officers or agents, or articles to be supplied under this contract.

11. THE DISTRICT'S INSPECTOR: All items shall be subject to the inspection of the District. Inspection of the items shall not relieve the Contractor from any obligation to fulfill this Contract. Defective items shall be made good by the Contractor, and unsuitable items may be rejected, notwithstanding that such defective work and materials have been previously overlooked by the District and accepted. If any item shall be found defective at any time before final acceptance of the complete delivery, the Contractor shall forthwith remedy such defect in a manner satisfactory to the District.

12. REMOVAL OF REJECTED ITEMS: All items rejected by the District at any time prior to final inspection and acceptance shall at once be removed from the place of

Page | 33 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS delivery by the Contractor who shall assume and pay the cost thereof without expense to the District, and shall be replaced by satisfactory items.

13. ASSIGNMENT OF CONTRACT: The Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this Contract or any part thereof, or any right, title, or interest therein, funds to be received hereunder, or any power to execute the same without the consent in writing of the District.

14. CONTRACTOR IS NOT AN OFFICER, EMPLOYEE, OR AGENT OF THE DISTRICT: While engaged in carrying out and complying with the terms and conditions of this Contract, the Contractor is an independent contractor, and is not an officer, employee or agent of the District or its member districts.

15. INSURANCE PERMITS AND LICENSES REQUIRED OF THE CONTRACTOR: The Contractor shall maintain insurance adequate to protect him/her from claims under workers' compensatory acts, and from claims for damages for personal injury including death, and damage to property which may arise from operations under the Contract in amounts specified in the Specifications. The Contractor may be required by the District to file with the District certificates of such insurance. The failure to furnish such evidence, if required, may be considered default by the Contractor.

The contractor and all of its employees or agents shall secure and maintain in force such licenses and permits as are required by law, in connection with the furnishing of materials, articles, or services covered under this Contract. All operations and materials shall be in accordance with the law.

16. CONDITIONAL BID: The District reserves the right to reject any bid which imposes conditions, or terms, on purchases, which were not specified in the original bid document.

In Witness Whereof, the parties have caused this Agreement to be executed on their behalf by their fully authorized representative.

VENTURA UNIFIED SCHOOL DISTRICT (Company Name)

______Signature of Provider Joseph Richards, Jr. Assistant Superintendent, Business Services Printed Name: ______

Dated: ______, ______Dated: ______, ______

Page | 34 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS Page | 35 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS CONTRACTOR’S CERTIFICATE REGARDING DRUG-FREE WORKPLACE

This Drug-Free Workplace Certification form is required from all successful bidders pursuant to the requirements mandated by Government Code sections 8350 et. seq., the Drug-Free Workplace Act of 1990. The Drug-Free Workplace Act of 1990 requires that every person or organization awarded a contract or grant for the procurement of any property or service from any State agency must certify that it will provide a drug-free workplace by performing certain specified acts. In addition, the Act provides that each contract or grant awarded by a State agency may be subject to suspension of payments or termination of the contract or grant, and the CONTRACTOR or grantee may be subject to debarment from future contracting, if the contracting agency determines that specified acts have occurred.

Pursuant to Government Code section 8355, every person or organization awarded a contract or grant from a State agency shall certify that it will provide a drug-free workplace by doing all of the following:

a) Publishing a statement, notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person’s or organization’s workplace, and specifying actions which will be taken against employees for violations of the prohibition;

b) Establishing a drug-free awareness program to inform employees about all of the following:

1) The dangers of drug abuse in the workplace;

2) The person’s or organization’s policy of maintaining a drug-free workplace;

3) The availability of drug counseling, rehabilitation and employee- assistance programs; and

4) The penalties that may be imposed upon employees for drug abuse violations;

c) Requiring that each employee engaged in the performance of the contract or grant be given a copy of the statement required by subdivision (a) and that, as a condition of employment on the contract or grant, the employee agrees to abide by the terms of the statement.

I, the undersigned, agree to fulfill the terms and requirements of Government Code section 8355 listed above and will (a) publish a statement notifying employees concerning the prohibition of controlled substance at the workplace, (b) establish a drug-free awareness program, and (c) require each employee engaged in the performance of the Page | 36 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS contact be given a copy of the statement required by section 8355(a) and require such employee agree to abide by the terms of that statement.

I also understand that if the DISTRICT determines that I have either (a) made a false certification herein, or (b) violated this certification by failing to carry out the requirements of section 8355, that the contract awarded herein is subject to termination, suspension of payments, or both. I further understand that, should I violate the terms of the Drug-Free Workplace Act of 1990, I may be subject to debarment in accordance with the requirements of sections 8350 et. seq.

I acknowledge that I am aware of the provisions of Government Code sections 8350 et. seq. and hereby certify that I will adhere to the requirements of the Drug-Free Workplace Act of 1990.

DATE: ______

CONTRACTOR

By: ______

Signature

Page | 37 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS CONTRACTOR’S CERTIFICATE REGARDING WORKERS COMPENSATION

BID NO. FNS1-17

FOOD AND GROCERY PRODUCTS

TO: The Board of Education of the Ventura Unified School District:

I certify that I am aware of the provisions of Section 3700 et. seq. of the Labor Code of the State of California which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencement and throughout the performance of the work of this Contract.

______

Signature of Contractor

By:______

Printed name

______

______

(Business Address)

Page | 38 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS BUY AMERICAN CERTIFICATION

By the requirements of the Richard B. Russell National School Lunch Act’s (NSLA) Buy American provision that school food authorities (SFAs) must follow these guidelines when purchasing food and food products for use in the Child Nutrition Programs. Section 104(d) of the William F. Goodling Child Nutrition Reauthorization Act of 1998 (Public Law 105-336) added a new provision, Section 12(n) of the NSLA (42 USC 1760(n)), requiring SFAs to purchase domestically grown and processed foods, to the maximum extent practicable.

Section 12(n) of the NSLA defines “domestic commodity or product” as one that is produced and processed in the United States substantially (greater than 51%) using agricultural commodities that are produced in the United States.

There is two situations which may warrant a waiver to permit purchases of foreign food products include: 1) the product is not produced or manufactured in the U.S. in sufficient and reasonable available quantities of a satisfactory quality; and 2) competitive bids reveal the costs of a U.S. product is significantly higher than the foreign product.

If Vendor offers a non-American product, Vendor must list the product below. Product is subject to review by District. If District declines a waiver, product will be awarded to lowest priced item meeting award criteria. District’s decision on approval of foreign substitutions will be final.

Product Description Country of Domestic Non-American Reason for Waiver Origin Price Price

Attach additional sheets if necessary.

______Name of Contractor Date

Page | 39 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS ______Signature of Authorized Official

______Title

Page | 40 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS IRAN CONTRACTING ACT CERTIFICATION OF ELIGILITY TO BID FOR CONTRACTS OF $ 1 MILLION OR MORE (Public Contract Code sections 2202-2208)

Pursuant to Public Contract Code 2204. (a) A public entity shall require a person that submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a public entity with respect to a contract for goods or services of one million dollars ($1,000,000) or more to certify, at the time the bid is submitted or the contract is renewed, that the person is not identified on a list created pursuant to subdivision (b) of Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5, as applicable. A state agency shall submit the certification information to the Department of General Services.

To comply with this requirement, please insert your vendor or financial institution name and Federal ID Number (if available) and complete one of the options below. Please note: California law establishes penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made; contract termination; and three-year ineligibility to bid on contracts. (Public Contract Code section 2205.)

OPTION #1 - CERTIFICATION

I, the official named below, certify I am duly authorized to execute this certification on behalf of the vendor/financial institution identified below, and the vendor/financial institution identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person/vendor, for 45 days or more, if that other person/vendor will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS.

Vendor Name/Financial Institution (Printed) Federal ID Number (or n/a)

By (Authorized Signature)

Printed Name and Title of Person Signing

Date Executed Executed in

OPTION #2 – EXEMPTION

Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services.

If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below, and attach documentation demonstrating the exemption approval.

Vendor Name/Financial Institution (Printed) Federal ID Number (or n/a)

By (Authorized Signature)

Printed Name and Title of Person Signing Date Executed

Page | 41 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS Page | 42 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS Page | 43 VENTURA UNIFIED SCHOOL DISTRICT BID # FNS1-17 FOOD AND GROCERY PRODUCTS