Desert Sands Unified School District

DESERT SANDS UNIFIED SCHOOL DISTRICT

RFP NO. 19/20-A07 READY TO SERVE PIZZA SLICES

RESPONSE DEADLINE June 17, 2019

Desert Sands Unified School District Nutrition Services 47-950 Dune Palms Road La Quinta, CA 92253

Desert Sands Unified School District 47-950 Dune Palms Road • La Quinta, California 92253 • (760) 771-8567 • FAX: (760) 771-8574

TABLE OF CONTENTS

Notice to Proposers ...... 3 Instructions to Proposers ...... 4-7 Specifications ...... 8-12 Signature Sheet...... 13 Exhibit “A”...... 14 Suspension and Debarment Certification ...... 15 Instructions for Certification ...... 16 Certification Regarding Lobbying ...... 17 Iran Contracting Act 2010 Compliance Affidavit ...... 18 Noncollusion Declaration...... 19 Addenda ...... 20 References ...... 21 Exhibit 1/Contract ...... 22-24

Ready to Serve Pizza Slices, RFP No. 19/20-A07 Page 2

Desert Sands Unified School District 47-950 Dune Palms Road • La Quinta, California 92253 • (760) 771-8567 • FAX: (760) 771-8574

RFP NO. 19/20-A07 READY TO SERVE PIZZA SLICES

NOTICE TO PROPOSERS

Notice is hereby given that the Board of Education of Desert Sands Unified School District of Riverside County, California invites and will receive sealed proposals for RFP NO. 19/20-A07 for READY TO SERVE PIZZA SLICES on or before 3:00 p.m. on June 17, 2019 in the Nutrition Services Department of Desert Sands Unified School District, 47-950 Dune Palms Road, La Quinta, California 92253.

Proposers may not withdraw bids for a period of ninety (90) days after the date set for opening of bids.

Proposals shall be made on forms prepared by the Desert Sands Unified School District. Bid forms, specifications and further information may be obtained from the website link: http://www.dsusd.us/Bid-RFP.

The District reserves the right to accept or reject any or all proposals, or any combination of proposals and to waive any irregularities or informalities which may be legally waived.

DESERT SANDS UNIFIED SCHOOL DISTRICT

Ready to Serve Pizza Slices, RFP No. 19/20-A07 Page 3

Desert Sands Unified School District 47-950 Dune Palms Road • La Quinta, California 92253 • (760) 771-8567 • FAX: (760) 771-8574

RFP NO. 19/20-A07 READY TO SERVE PIZZA SLICES

INSTRUCTIONS TO PROPOSERS

No proposals shall receive consideration by the Desert Sands Unified School District for Request for Proposal No. 19/20-A07, unless made in accordance with the following instructions:

1. Deadline for Receipt of Proposals. Proposals must be sealed and received in Nutrition Services, Desert Sands Unified School District located at 47-950 Dune Palms Road, La Quinta, California 92253, on or before 3:00 p.m. on JUNE 17, 2019.

Proposers are soley responsible for ensuring their RFP is received in Nutrition Services. District shall not be responsible for any delay by mail, common carries, transmission errors, delays, or mistaken delivery.

The District will not accept any proposals received after 3:00 p.m. on JUNE 17, 2019 and will return any late proposals unopened to the Proposer.

Proposers must submit one (1) original proposal.

Proposals must be submitted in a sealed envelope clearly noted on the outside “RFP NO. 19/20-A07 READY TO SERVE PIZZA SLICES”, due: JUNE 17, 2019 by 3:00 p.m.

No fax or solely electronic transmitted proposals will be accepted.

2. Requests for Information/Clarifications. Any questions relative to the proposal should be addressed via email to Daniel Cappello, Director of Nutrition Services, [email protected].

3. Proposal Forms. Proposal must be made on a form obtained from the District. All items on the form should be filled out. Numbers should be stated in figures, and the signatures of all individuals must be in longhand. The completed form should be without interlineations, alterations, or erasures.

4. Noncollusion Declaration. Each Proposer must return a fully executed Noncollusion Declaration, as required by Public Contract Code section 7106, with the completed proposal. The Noncollusion Declaration is included in this package.

5. Suspension and Debarment Certification, U.S. Department of Agriculture. This form must be completed and submitted with this proposal. Proposals received without these forms/certifications will not be considered.

6. Disclosure of Lobbying Activities. This form must be completed and submitted with this proposal. Proposals received without these forms/certifications will not be considered

7. IRAN CONTRACTING ACT OF 2010 COMPLIANCE AFFIDAVIT. Pursuant to the Iran Contract Act of 2010 (Public Contract Code 2200-2208), Vendors/Bidders are ineligible to bid on or submit a proposal for any contract with a public entity for goods or services of one million dollars ($1,000,000) or more if the Vendor/Bidder engages in investment activities in Iran. For bids $1,000,000 or more, bidders must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contracting Act of 2010 Compliance Affidavit attached and submit with their proposal at the time of bid. Failure to do so may deem your bid non-responsive. Ready to Serve Pizza Slices, RFP No. 19/20-A07 Page 4

8. Execution of Forms. Each proposal must give the full business address of the Proposer and must be signed by the Proposer with his or her usual signature. Proposals 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. Proposals 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 Proposer’s failure to properly sign required forms may result in rejection of the proposal.

9. Withdrawal of Proposals. Proposals may be withdrawn by the Proposer prior to the time fixed for the opening of proposals, but may not be withdrawn for a period of Ninety (90) days after the opening of proposals. A successful Proposer shall not be relieved of the proposal submitted without the District's consent or Proposer’s recourse to Public Contract Code Section 5100 ET. Seq. Ninety (90) days has been established as the minimal evaluation time needed to review all proposals received.

10. Addenda or Bulletins. Any addenda or bulletins issued prior to the RFP due date shall form a part of the drawings and specifications issued to Proposers for the preparation of their proposals and shall constitute a part of the contract documents.

11. Award of Contract. The District reserves the right to reject any and all proposals, to contract work with whomever and in whatever manner the District decides, to abandon the work entirely and to waive any in- formality or non-substantive irregularity in the best interest of the District.

12. Contract Period. Contract will remain in effect for a one (1) year period from the date of award. The contract may be extended, at the option of the district in one (1) year increments, not to exceed three (2) additional years.

13. Rejection of Proposals. The District reserves the right to accept or reject any and all proposals, or any portion or combination thereof, or award on the basis of the total proposal.

14. Execution of Contract. The successful Proposer shall, within three (3) calendar days of notice of award of the contract, sign and deliver to the District an executed contract. If the Proposer to whom an award is made fails or refuses to execute the contract within three (3) calendar days from the date of receiving notification that the contract has been awarded to the Proposer, then the District may award the work to the next lowest responsible Proposer, or may reject all proposals and call for new proposals.

15. Evidence of Responsibility. Upon the request of the District, a Proposer shall submit promptly to the District satisfactory evidence showing the Proposer’s financial resources, the Proposer’s experience in the type of work being required by the District, the Proposer’s organization available for the performance of the contract and any other required evidence of the Proposer’s qualifications 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 Proposer’s responsibility to perform the proposed contract may result in rejection of the proposal.

16. Proposal Exception. All exceptions which are taken to the requirements of this request for proposals must be stated clearly. The taking of exceptions or providing false, incomplete or unresponsive statements may result in the disqualification of the proposal. Allowance of exceptions will be determined by the Board of Trustees, whose decisions shall be final. Any proposal exceptions or additional conditions requested after proposal closure, which are not detailed within the proposal response, may result in disqualification of the proposal. No oral or telephonic modification of any proposal submitted will be considered and a telegraphic modification may be considered only if the postmark evidences that a confirmation of the telegram duly signed by the Proposer was placed in the mail prior to the opening of the proposals.

17. Proposal Negotiations. A proposal response to any specific item of this RFP with terms such as “negotiable” “will negotiate” or similar, will be considered as non-compliance with that specific term. Ready to Serve Pizza Slices, RFP No. 19/20-A07 Page 5

18. Discounts. Any discount which the Proposer desires to provide the District must be stated clearly on the proposal form itself, so that the District can calculate properly the net cost of the proposal. Offers of discounts or additional services not delineated on the proposal form will not be considered by the District in the determination of the lowest responsible Proposer.

19. Indemnity. The Proposer must hold harmless and fully indemnify the District, its Board of Trustees, officers, employees and agents from all damages or claims for damages, costs or expenses that may at any time arise out of the Proposer’s performance of, or failure to perform acts, required by the contract documents, including but not limited to infringement or use of any copyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with this proposal.

20. Prevailing Law. In the event of any conflict or ambiguity between these instructions and state or federal law or regulations, the latter shall prevail. Additionally, all equipment to be supplied or services to be performed under the proposal shall conform to all applicable requirements of local, state and federal law.

21. Rights and Remedies in the Event of Default. If the Proposer defaults, the District may procure services from other sources and may recover the loss occasioned thereby from any unpaid balance due the Proposer or by suit against the Proposer. The prices paid by the District shall be considered the prevailing market prices at the time such purchase is made.

22. Termination. Either party may terminate this Agreement at any time by giving thirty (30) days advance written notice to the other party; however the parties may agree in writing to a shorter time period for the effectiveness of such termination. The District’s Board of Education shall have the authority to terminate this Agreement on behalf of the District. Notwithstanding the foregoing, District may terminate this Agreement effective immediately and at any time by giving written notice to Contractor, if Contractor materially breaches any of the terms of this Agreement, Contractor or the Contractor Parties commits any act or omission that exposes District to potential liability or may cause an increase in District's insurance premiums, Contractor is adjudged a bankrupt, Contractor makes a general assignment for the benefit of creditors, or a receiver is appointed on account of Contractor's insolvency. Such termination shall be effective immediately upon Contractor's receipt of said notice.

23. Fingerprinting/Criminal Background Investigation Certification. Contractor, and the Contractor Parties, shall at all times comply with the fingerprinting and criminal background investigation requirements of the California Education Code (“Education Code”) section 45125.1. Accordingly, by checking the applicable boxes below, Contractor hereby represents and warrants to District the following:

A. Contractor and/or the Contractor Parties shall have no contact with District students at any time during the Term of this Agreement or the Contractor and/or Contractor Parties will have contact with District students only when under the observation of a District employee.

B. The following Contractor/Contractor Parties will have contact with District students during the term of this Agreement while not under the observation of a District employee: (List names or attach additional pages, as needed) ______

C. (Required only if Box 20.B is checked.) All of the Contractor Parties noted above, at no cost to District, have completed background checks and have been fingerprinted under procedures established by the California Department of Justice and the Federal Bureau of Investigation, and the results of those background checks and fingerprints reveal that none of these Contractor Parties have been arrested or convicted of a serious or violent felony, as defined by the California Penal Code. Contractor further agrees and acknowledges that if at any time during the Term of this Agreement Contractor learns or becomes aware of additional information, including additional personnel, which differs in any way from the Ready to Serve Pizza Slices, RFP No. 19/20-A07 Page 6

representations set forth above, Contractor shall immediately notify the District’s Assistant Superintendent of Human Resources and prohibit any new personnel from having any contact with District students until the fingerprinting and background check requirements have been satisfied and District determines whether any such contact is permissible. The Parties further understand and agree that the District’s Superintendent may, at any time, provide written notice withdrawing consent to any of Contractor’s employees performing services under this Agreement when, in the reasonable discretion of the Superintendent, it is inappropriate for Contractor’s employee to continue providing services under this Agreement owing to criminal convictions or other misconduct or other factors deemed relevant by the District’s Superintendent.

24. Governing Law and Venue. In the event of litigation, the proposal documents, specifications and related matter 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 Riverside County.

25. Labor Code. Contractor shall comply with all applicable provisions of the Labor Code, Section §1720-1861, AB 1506 and the District’s Labor Compliance Program, State of California (prevailing wages). Approved wage scales are on the internet at www.dir.ca.gov.

26. Tobacco-Free District. The Desert Sands Unified School District has been designated as a tobacco-free District. Tobacco use is prohibited at all times on all areas of District property and in District vehicles.

27. Insurance Requirements: Contractor shall maintain in force at all times during the performance of this Agreement, the following insurance policies evidencing coverage during the entire term of the Agreement. All insurance policies shall name and be endorsed to name, the Desert Sands Unified School District as additional insured for the purpose of this Contract.

Commercial General Liability and Automobile Liability Insurance. Commercial General Liability Insurance, with minimum limits of one million dollars ($1,000,000.00) for each occurrence for bodily injury, death, loss or property damage, and General Aggregate, with minimum limits of two million dollars ($2,000,000.00) for each occurrence, for services, products and any and all other activities undertaken by the CONTRACTOR in the performance of this Agreement. The Commercial General Liability Insurance policy shall contain an endorsement naming the Desert Sands Unified School District, as an additional insured.

Automobile Liability. Automobile Liability Insurance with minimum limits of one million dollars ($1,000,000.00) for each occurrence.

Workers’ Compensation and Employers’ Liability Insurance. Workers’ Compensation Insurance for the CONTRACTOR’s employees or agents as required by the State of California (Sole Proprietor’s excluded). (Labor Code 3700).

28. Permits/Licenses. Contractor and all Contractor's employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this agreement.

29. Cost of Proposal preparation. All costs for preparation of proposals shall be borne by the Proposer.

30. Retention of Proposals. The District reserves the right to retain all proposals, whether selected or rejected.

31. Press Release. No respondent to this Request for Proposal shall issue any press release or make any statements to media, reporting agencies, etc. without the prior express written consent of Desert Sands Unified School District.

32. The information provided in this RFP is intended solely for internal use by the Proposers in their Proposal preparation. All information contained herein is proprietary to the School District and shall not be distributed to any third party, except as required by law.

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Desert Sands Unified School District 47-950 Dune Palms Road • La Quinta, California 92253 • (760) 771-8567 • FAX: (760) 771-8574

RFP NO. 19/20-A07 READY TO SERVE PIZZA SLICES

SPECIFICATIONS

1. Introduction

Desert Sands Unified School District is seeking proposals from qualified firms to provide READY TO SERVE PIZZA SLICES. It is the intent of the District to enter into an agreement commencing July 1, 2019.

2. Background

Located in the Riverside County of California, Desert Sands Unified School District (DSUSD) was founded in 1965. It has a student population of approximately 29,000. The school district is composed of 20 elementary schools, 7 intermediate schools, 5 high schools, an alternative education high school and a District Education Center.

3. Scope of Services

The Desert Sands Unified School District Nutrition Department is soliciting written proposals from qualified vendors for the purchase, delivery and marketing of READY TO SERVE pizza slices at the firm, fixed prices offered in the proposal for the term of a subsequent contract.

Desert Sands Unified School District shall not be obligated to procure any particular quantity of pizza, supplies, equipment or services specified herein and reserve the right to award the contract to the firm whose proposal is evaluated as being the best interests of Desert Sands Unified School District. This RFP does not commit Desert Sands Unified School District to award a contract.

The vendor's written proposal shall detail how ready to serve pizza slices may be provided to students during the full term of this contract. The proposer shall detail their experience and qualifications to provide the products offered and the services detailed in this Request for Proposal.

The proposal shall not be restricted to minimum order value or minimum order quantity. The proposal shall include but not be limited to the following:

4. Products

A. Firm fixed pricing for pizza slices. Pizza slices must meet U.S.D.A. National School Lunch Program requirements. The requirements are:

• Crust must be whole-grain rich i.e.; at least 50% whole grains and the remaining grains in the product must be enriched. • When cut into the designated number of slices as determined by the vendor each slice shall contain 2 oz. of creditable Meat/Meat Alternate as defined by the NSLP. • When cut into the designated number of slices as determined by the vendor each slice shall contain 2 servings of Grains as defined by the NSLP. • When cut into the designated number of slices as determined by the vendor each slice must be less than 400 calories and contain less than 4 grams of fat per 100 calories. • Ready to Serve Pizza Slices, RFP No. 19/20-A07 Page 8

• No added artificial trans fats.

B. Firm fixed pricing for individual slices to be packaged for individual sale.

5. Marketing Plan

Vendor's marketing plan shall include 8 1/2" by 11" signs advertising proposed products.

6. Delivery

Product is to be delivered within designated dates and times set by the Nutrition Department for each site. Desert Sands Unified School 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 and delivery dates as required. A list of delivery locations is provided as part of this packet.

Product must be delivered to the kitchen sites at a minimum temperature for 135 degrees Fahrenheit.

7. 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.

8. Packaging

Packages shall be constructed as to ensure safe and sanitary transportation to point of deliver. Damaged packaged may be rejected and returned for credit or immediate replacement at no cost to the District for product or redelivery.

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.

Packaging should attractively accommodate the products relative to the product size. Packaging shall be designed to prevent collapse and subsequent damage to the product and to prevent saturation from product grease and moisture. Package should also display provider’s logo in an attractive manner.

9. Ordering Conditions

Contractor and the District will work cooperatively to determine increase/decrease of order quantities. Orders may be placed telephonically, by fax, by email or by such other method as shall mutually accommodate both parties.

10. Delivery Instructions And Locations

Delivery shall be made between approximately 10:00 a.m. to 12:30 p.m. for lunch service and will vary by site. Delivery shall be made no later than the scheduled serving time. Orders that arrive later than the designated time may be refused at no charge to the District. The Contractor's delivery driver shall deliver product to the cafeteria or other designated area. Nutrition services staff members shall not be required to enter the Contractor's vehicle.

Ready to Serve Pizza Slices, RFP No. 19/20-A07 Page 9

Delivery Locations: Desert Ridge Academy 79-767 Avenue 39 Indio, CA 92203 John Glenn Middle School 79-655 Miles Avenue Indio, CA 92201 Indio Middle School 81-195 Miles Avenue Indio, CA. 92201 Jefferson Middle School 83-089 Highway 111 Indio, CA. 92201 La Quinta Middle School 78-900 Avenue 50 La Quinta,CA. 92253 Paige Middle School 43-495 Palm Royale Dr. La Quinta,CA. 92253 Palm Desert Charter Middle School 74-200 Rutledge Way Palm Desert, CA. 92260 Indio High School 81-750 Avenue 46 Indio, CA. 92201 La Quinta High School 79-255 Blackhawk Way La Quinta,CA. 92253 Palm Desert High School 74-910 Aztec Rd. Palm Desert, CA. 92260 Shadow Hills High School 39-235 Jefferson St. Indio, CA. 92203

11. Buy American Provision

“BUY AMERICAN” PROVISION: Federal regulations require that to the maximum extent possible only domestic products are to be purchased consistent with the “Buy American” provisions of Public Law (P.L) 105- 336 under the Richard B. Russell National School Lunch Act. Manufactured end products must be manufactured in the United States AND the cost of domestic components must exceed 50 percent of the cost of all components. Upon offer of award, Vendor will be required to provide certification of the food products upon request. The vendor will use the following language when certifying food products as U.S. produced and processed products; “I certify the following item(s)______are produced and processed in the U.S. and contains over 51% of its agricultural food components, by weight or volume, from the U.S.” The “Buy American” provisions of Public Law (P.L.) 105-336 under the Richard B. Russell National School Lunch Act allows for an exception when the recipient agency “Desert Sands” determines that the following instances apply to non-domestic produced products: a. Recipients have unusual or ethnic food preferences which can only be met through purchases of products not produced in the U.S.; b. The product Ready to Serve Pizza Slices, RFP No. 19/20-A07 Page 10 is not produced or manufactured in the U.S. in sufficient and reasonably available quantities of a satisfactory quality; c. The cost of the U.S. produced food products is significantly higher than foreign products. Desert Sands reserves the right to purchase non-domestic grown or manufactured food products if the cost of the U.S. produced item, that contains (51%) or more domestically grown commodities is significantly higher. For this RFP Desert Sands has determined that any item cost that is ten percent (10%) or more in price than the nondomestic product is considered significantly higher. Desert Sands reserves the right to purchase non- domestic grown or manufactured food products if the product is not produced or manufactured in the U.S. in sufficient and reasonable available quantities of a satisfactory quality.

12. Nutritional Information

Proposers shall provide a complete nutrient analysis of each of the products offered. The nutrient information may be obtained from an independent laboratory report. The following information will be required: weight (gm), calories (Kcal), protein (gm), carbohydrate (gm), fat (gm), saturated fat (gm), trans fat (gm), cholesterol (mg), sodium (mg), dietary fiber (gm), vitamin A (ID), vitamin C (mg), calcium (mg) and iron (mg.)

Proposers must also provide a signed and dated Product Formulation sheet on company letterhead listing the following information: product name, product code number (if applicable), portion size, the total weight and type of creditable meat/meat alternate ingredients, the total weight and variety of creditable dry alternative protein products (if applicable), the total weight and type of creditable grain ingredients.

If submitting alternative protein products as part of the meat/meat alternate component, the following information must also be submitted: a signed and dated Product Formulation sheet on letterhead from the manufacturer that actually makes the alternative protein product, documentation that states the alternative protein product meet the requirements of 7CFR Part 210, 220, 225 and 226, documentation that non-protein constituents have been removed, the Protein Corrected Amino Acid Score is greater than .80; and the hydration ratio is provided and is greater than 18% when fully hydrated.

No products shall contain added artificial trans fats.

All ingredients must be declared on the product label or otherwise provided 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 the Nutrition Services Department whenever there is a product/ingredient change on any item provided to the District. If any product changes occur, new ingredient statements, product formulation sheets and nutritional information shall be provided to the Nutrition Department.

13. Method of Award

Award shall be made to the proposer whose proposal is scored, by the District's evaluation team, with the highest point total based on the Evaluation Criteria and point totals. The District reserves the right to make award on the basis of the initial proposals received without discussions or negotiations with contractors. For this reason all proposers should submit a complete and most favorably price proposal.

Award preference may be given, at the District's sole discretion, to the proposer whose proposal is the most cost effective, operationally comprehensive, and beneficial and/or which is determined by the District to be in its best interest. The evaluation, scoring and award decision of the District shall be final (see Exhibit “A”).

Ready to Serve Pizza Slices, RFP No. 19/20-A07 Page 11

SAMPLES,– Each bidder shall supply 2 Cheese, and 2 Pepperoni whole pizzas cut in 8 equal slices on the date and time requested to Desert Sands Unified School District, 47950 Dune Palms Road , La Quinta, CA, 92253 for a taste test. Pizzas will be delivered on June 10 at 11:30 A.M. for evaluation. Samples submitted for the taste test must meet the specifications submitted in the bid and represent the actual products that will be shipped during the 2019-20 school year. Samples will be sent at NO CHARGE. The customer taste test results will be used in the overall evaluation of the bid award. Failure to submit the required samples will disqualify the company’s bid

Ready to Serve Pizza Slices, RFP No. 19/20-A07 Page 12

Desert Sands Unified School District 47-950 Dune Palms Road • La Quinta, California 92253 • (760) 771-8567 • FAX: (760) 771-8574

RFP NO. 19/20-A07 READY TO SERVE PIZZA SLICES

SIGNATURE SHEET

The undersigned has read all terms and conditions of the bid document and hereby proposes to furnish all items, service, maintenance, transportation, labor and materials necessary to fulfill the contract in strict conformity with all bid specifications, including addenda acknowledged as being received, and all other terms and conditions outlined in the bid document, for the sums listed.

The District reserves the right to reject any and all bids and to waive any irregularities or informalities therein.

Item Description Estimated Quantity Unit Cost No. (Do not include sales tax)

1. Individually wrapped pizza per slice 300,000 Slices $

FIRM NAME

ADDRESS

TELEPHONE NUMBER

FAX NUMBER

SIGNATURE OF AUTHORIZED REPRESENTATIVE

PRINTED NAME OF AUTHORIZED REPRESENTATIVE

TITLE

DATE

To be completed and returned with your Bid Response.

Ready to Serve Pizza Slices, RFP No. 19/20-A07 Page 13

Desert Sands Unified School District 47-950 Dune Palms Road • La Quinta, California 92253 • (760) 771-8567 • FAX: (760) 771-8574

RFP NO. 19/20-A07 READY TO SERVE PIZZA SLICES

EXHIBIT “A”

Vendor: ______

Proposal Evaluation Criteria for Pizza Ready to Service Slices Score Experience with similar projects (1 Points)

The District will consider the proposer's references, past performance, and history providing product and service of similar scope, size and complexity. Packaging (2 Points)

The District will review the product packaging and check the appearance, sturdiness, and grease resistance of the packaging. Appearance (5 Points)

The District will review the product size relative to the product value, as well as attractiveness of the product to middle and high school age students, consistency, and even placement of cheese and pepperoni on the pizza. Product taste (5 Points)

The District will sample the proposer's product to see if the pizza has a pleasant aroma and flavor and a crust that is not soggy or chewy. The sauce shall be a mild to moderate Italian flavored sauce with no strong overtones. Cost (5 Points)

The District will consider prices offered for the pizza based on a la carte sales to middle and high school students. Marketing/Promotional material quality and appearance (2 Points)

The District will review the marketing and promotional materials provided; i.e. banners, posters, flyers etc., and proposed marketing strategies and aesthetics to determine suitability for middle and high school age students.

Ready to Serve Pizza Slices, RFP No. 19/20-A07 Page 14

California Department of Education School Nutrition Programs Unit Child Nutrition and Food Distribution Division April 1998

SUSPENSION AND DEBARMENT CERTIFICATION U.S. DEPARTMENT OF AGRICULTURE

INSTRUCTIONS: SFA to obtain from any potential vendor or existing contractor for all contracts in excess of $100,000. This form is required each time a bid for goods/services over $100,000 is solicited or when renewing/extending an existing contract exceeding $100,000 per year (Includes Food Service Management and Food Service Consulting Contracts).

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions

This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants’ responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register (pages 4722 – 4733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency with which this transaction originated.

(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)

(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

______Name of School Food Authority Agreement Number

Potential Vendor or Existing Contractor (Lower Tier Participant):

______Printed Name Title Signature Date

To be completed and returned with your Bid Response.

Ready to Serve Pizza Slices, RFP No. 19/20-A07 Page 15

INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this form, the prospective lower tier participant (one whose contract for goods or services exceeds the Federal procurement small purchase threshold fixed at $100,000) is providing the certification set out on the reverse side in accordance with these instructions.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participant,” “person,” “primary covered transaction,” “principal,” “proposal,” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

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California Department of Education School Nutrition Programs Unit Child Nutrition and Food Distribution Division April 1998

CERTIFICATION REGARDING LOBBYING

INSTRUCTIONS: To be completed and submitted ANNUALLY by  any child nutrition entity receiving Federal reimbursement in excess of $100,000 per year and  potential or existing contractors/vendors as part of an original bid, contract renewal or extension when the contract exceeds $100,000.

Applicable to Grants, Subgrants, Cooperative Agreements, and Contracts Exceeding $100,000 in Federal Funds

Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by section 1352, Title 31, U.S. Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid by or 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.

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

Name of School Food Authority Receiving Child Nutrition Reimbursement In Excess of $100,000: Agreement Number:

Address of School Food Authority:

Printed Name and Title of Submitting Official: Signature: Date:

Name of Food Service Management or Food Service Consulting Company:

Printed Name and Title: Signature: Date:

Name of School Food Authority: Agreement Number:

To be completed and returned with your Bid Response.

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IRAN CONTRACTING ACT OF 2010 COMPLIANCE AFFIDAVIT (California Public Contract Code Sections 2200-2208)

The California Legislature adopted the Iran Contracting Act of 2010 to respond to policies of Iran in a uniform fashion (PCC § 2201(q)). The Iran Contracting Act prohibits bidders engaged in investment activities in Iran from bidding on, submitting proposals for, or entering into or renewing contracts with public entities for goods and services of one million dollars ($1,000,000) or more (PCC § 2203(a)). A bidder who “engages in investment activities in Iran” is defined as either: 1. A bidder providing goods or services of twenty million dollars ($20,000,000) or more in the energy sector of Iran, including provision of oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran; or 2. A bidder that is a financial institution (as that term is defined in 50 U.S.C. § 1701) that extends twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that person will use the credit to provide goods or services in the energy sector in Iran and is identified on a list created by the California Department of General Services (DGS) pursuant to PCC § 2203(b) as a person engaging in the investment activities in Iran. The bidder shall certify that at the time of submitting a bid for new contract or renewal of an existing contract, the bidder is not identified on the DGS list of ineligible businesses or persons and that the bidder is not engaged in investment activities in Iran in violation of the Iran Contracting Act of 2010.

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 (PCC § 2205).

To comply with the Iran Contracting Act of 2010, the bidder shall provide its vendor or financial institution name, and Federal ID Number if available, in completing ONE of the options shown below.

OPTION #1: CERTIFICATION I, the official named below, certify that I am duly authorized to execute this certification on behalf of the bidder or financial institution identified below, and that the bidder or financial institution identified below is not on the current DGS list of persons engaged in investment activities in Iran and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person or vendor, for 45 days or more, if that other person or vendor will use the credit to provide goods or services in the energy sector in Iran and is identified on the current DSG list of persons engaged in investment activities in Iran. Vendor Name/Financial Institution (printed) Federal ID Number (or n/a)

By (Authorized Signature)

Print Name and Title of Person Signing Date Executed

OPTION #2: EXEMPTION Pursuant to PCC § 2203(c) and (d), a public entity may permit a bidder or 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 enter into, or renew, a contract for goods and services. If the bidder or financial institution identified below has obtained an exemption from the certification requirement under the Iran Contracting Act of 2010, the bidder or financial institution shall complete and sign below and attach documentation demonstrating the exemption approval. Vendor Name/Financial Institution (printed) Federal ID Number (or n/a)

By (Authorized Signature)

Print Name and Title of Person Signing Date Executed

To be completed and returned with your Bid Response. Ready to Serve Pizza Slices, RFP No. 19/20-A07 Page 18

Desert Sands Unified School District 47-950 Dune Palms Road • La Quinta, California 92253 • (760) 771-8567 • FAX: (760) 771-8574

PHONE

RFP NO. 19/20-A07 READY TO SERVE PIZZA SLICES

NONCOLLUSION DECLARATION (Public Contract Code section 7106)

The undersigned declares:

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].

______

Signature

To be completed and returned with your Bid Response.

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Desert Sands Unified School District 47-950 Dune Palms Road • La Quinta, California 92253 • (760) 771-8567 • FAX: (760) 771-8574

RFP NO. 19/20-A07 READY TO SERVE PIZZA SLICES

ADDENDA

The undersigned acknowledges receipt of the following Addenda and the cost, if any, of such revisions has been included in the Lump Sum Grand Total of your proposal.

Addenda No. ______Dated ______

Name of Proposer ______

To be completed and returned with your Bid Response.

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Desert Sands Unified School District 47-950 Dune Palms Road • La Quinta, California 92253 • (760) 771-8567 • FAX: (760) 771-8574

RFP NO. 19/20-A07 READY TO SERVE PIZZA SLICES

REFERENCES

Proposer must submit a list of at least five (5) READY TO SERVE PIZZA SLICES references with a minimum of three (3) clients in the State of California for reference purposes.

IMPLEMENTATION AGENCY AGENCY CONTACT TELEPHONE DATE ADA PERSON NUMBER

NAME OF PROPOSER

To be completed and returned with your Bid Response.

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Desert Sands Unified School District 47-950 Dune Palms Road • La Quinta, California 92253 • (760) 771-8567 • FAX: (760) 771-8574

Exhibit I CONTRACT

RFP NO. 19/20-A07 READY TO SERVE PIZZA SLICES

This Agreement is made this ______, 2019 by and between Desert Sands Unified School District, "District" and "Proposer" ______with respect to the following recitals:

District is a public school district organized and existing under the laws of the State of California.

Proposer has received notice of an award pursuant to Request for Proposal No. 19/20-A07 for READY TO SERVE PIZZA SLICES. Proposer is an independent company competent to perform the services contemplated by this Contract.

NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree as follows:

The recitals set forth above are true. Proposer agrees to provide the services described in this Contract in a professional and competent manner and in accordance with the terms of this Contract and all applicable laws.

1. Description of Service. Proposer agrees to provide the District the following service:

READY TO SERVE PIZZA SLICES RFP NO. 19/20-A07

2. Payment. District shall make payment, in the sum of $______for services provided under this agreement on a net thirty (30) day term, after acceptance and approval of the invoices by the District's authorized representative(s). Each invoice shall reference a specific Purchase Order/Contract number.

3. Contract Period. Contract will remain in effect for a one (1) year period from the date of award. The contract may be extended, at the option of the district in one (1) year increments, not to exceed three (3) additional years.

4. Force Majeure: In the event contractor is unable to comply with any provision of this agreement due to causes beyond its control such as acts of God, acts of war, civil disorders, or other similar acts, Contractor shall not be held liable to the District for such failure to comply. In the event the District is unable to comply with any provision of this agreement due to causes beyond its control relating to acts of God, acts of war, civil disorders, or other similar acts, the District shall not be held liable to Contractor for such failure to comply.

5. Conformance to Contract Documents. Proposer agrees that the Service to be furnished pursuant to this Contract shall conform to all of the requirements set forth in the proposal documents, specifications and any other writings which formed a part of the materials upon which the Proposer was awarded this Contract.

6. Indemnity. Proposer shall indemnify, hold harmless and defend District, and its Board of Trustees, officers, agents and employees from and against all claims, damages, losses and expenses, including costs and attorney's fees, arising out of or resulting from Proposer's work under this Contract or for any infringement of the patent rights, copyright or trademark of any person or persons in consequence of the use by the District of Equipment supplied pursuant to this Contract.

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7. Assignment of Contract. Proposer agrees not to assign, transfer or convey any rights accruing under this Contract without the prior written consent of District.

8. Safety Regulations. All equipment and supplies furnished, and/or all work performed, shall meet all applicable safety regulations of the Division of Industrial Safety of the State of California, and Health & Safety code of the State of California.

Proposer and any and all agents and employees of Proposer shall perform the services required pursuant to this Proposer as an independent Proposer, not as officers, employees, or agents of the District. In providing the services contemplated by this Contract, the Proposer shall maintain a professional and working relationship with the District. In particular, Proposer shall be liable and solely responsible for paying all required taxes including, but not limited to, Federal and State income taxes and social security taxes. Proposer agrees to indemnify, defend and hold the District harmless from any liability, which Proposer may incur to the Federal or State governments as a consequence of this Contract. All payments to the Proposer shall be reported to the appropriate State and Federal tax authorities as required.

9. Attorney Fees. If any legal action is taken to enforce the terms of this Agreement, each party shall bear its own legal expenses related to such action.

10. Governing Law and Venue. This Contract shall be governed by and construed in accordance with the laws of the State of California. The parties also agree that, in the event of litigation, venue shall be in the proper state or federal court located in Riverside County, California.

11. Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon the District and Proposer and their respective successors and assigns.

12. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever except by written agreement signed by the parties and supersedes all prior negotiations, representations or agreements either written or oral.

13. Correction of Errors. We agree to correct any and all errors noted in the appraisals at our expense that are brought to our attention within one year of delivery of the completed appraisals. Errors noted will be corrected within sixty (60) days of notification.

14. Contract Documents. The Contract documents shall consist of this Agreement, the specifications and drawings, all addendum and bulletins thereto, the Notice to Proposers, Instructions to Proposers, all documents forming a part of the RFP package and any other documents signed by both parties relating to the subject matter of this Agreement. The intention of the Contract documents is to include all labor, materials, equipment and other items necessary for the proper execution and completion of the work and the terms and conditions of payment therefore, and also to include all work which may be reasonably inferable from the Contract documents as being necessary to produce the intended results.

15. Insurance Requirements. Insurance Requirements: Contractor shall maintain in force at all times during the performance of this Agreement, the following insurance policies evidencing coverage during the entire term of the Agreement. All insurance policies shall name and be endorsed to name, the Desert Sands Unified School District as additional insured for the purpose of this Contract.

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Automobile Liability. Automobile Liability Insurance with minimum limits of one million dollars ($1,000,000.00) for each occurrence.

16. Proposer shall provide certificates of insurance to the District prior to commencing work under this Contract.

17. Cancellation of Contract. This contract may be terminated by either party for any reason. Either party must notify the other party in writing within thirty (30) days.

18. Entire Agreement. This Agreement constitutes the entire agreement between the parties. There are no understandings, agreements, representations or warranties, express or implied, not specified in this Agreement. Proposer, by the execution of this Agreement, acknowledges that Proposer has read this Agreement, understands it, and agrees to be bound by its terms and conditions.

IN WITNESS WHEREOF the parties have executed this Agreement on the date first hereinabove written.

DESERT SANDS UNIFIED SCHOOL PROPOSER DISTRICT

______Signature Date Signature Date

______Title Title

______Printed Name Printed Name

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