Avon Grove, Avon Grove Charter, Chester County Intermediate Unit, Coatesville Area, Oxford Area, and Unionville-Chadds Ford School Districts

Considerations for Agreement: MILK PRODUCTS and BEVERAGES Please return completed documents in person or via US Postal Mail to: Elizabeth H Julian Avon Grove School District 375 S. Jennersville Road, West Grove, PA 19390

OR Electronically at: [email protected]

DUE DATE: May 12, 2021 at 10:00 am

GENERAL CONDITIONS of the CONTRACT

1. APPLICABILITY OF THE GENERAL CONDITIONS OF THE CONTRACT

These General Conditions of the Contract shall apply and be binding upon Avon Grove School District, Avon Grove Charter, Chester County Intermediate Unit, Coatesville Area School District, Oxford Areas School District and Unionville-Chadds Ford School District (“the districts”) and Contractor award the Contract for the Products upon execution of the contract Form by each party. All capitalized terms not defined in these General Conditions of the Contract shall have the same meaning set forth in the Instructions to Bidders. These General Conditions of the Contract are a standardized listing of items generally applicable to Contracts for the procurement of Products.

2. FAMILIARITY WITH PRODUCTS

The Contract is entered into by “the districts” with the understanding that Contractor, prior to submission of the Bid, acquainted itself with the requirements of all Bid Documents and that it has obtained all necessary information for supplying the Products required by the Contract. The Contractor shall not at any time after the execution of the Contract set up any claims whatsoever based upon insufficient data or incorrectly assumed conditions, nor shall Contractor claim any misunderstanding in regard to the nature, conditions or character of the services or work to be performed or Products to be supplied under the Contract. In the event that Contractor’s negligence or willful misconduct causes a change in the conditions during the progress of the work, Contractor shall assume all risk resulting from the changes.

3. INSURANCE

Contractor agrees to maintain the following levels of insurance(s), with companies which are authorized to do business under the laws of the Commonwealth of :

General Liability Insurance Bodily Injury and Property Damage $1,000,000 Per Occurrence Limit $2,000,000 General Aggregate Limit $2,000,000 Products/Completed Operations Aggregate

Automobile Liability Insurance Bodily Injury and Property Damage -$1,000,000 Combined Single Limit

- 1 - Workers Compensation and Employer's Liability Insurance $1,000,000 per accident, bodily injury by accident $1,000,000 each person, bodily injury by disease $1,000,000 policy limit, bodily injury by disease

Contractor shall provide to “the districts” a certificate issued by Contractor's insurer evidencing the required coverage at the effective date of our agreement and no later than thirty (30) days after policy renewal or when requested by “the districts”.

The Contractor waives claims against “the districts” for consequential and/or incidental damages arising out of or relating to the Contract.

The Contractor will be responsible for any damage to property caused by the Contractor or his agents. The Contractor further covenants and agrees to assume and does hereby assume all liability for, and shall and does agree to, indemnify and save harmless “the districts”, against any and all loss, cost, suits, claims, charges or damages arising from the negligence or willful misconduct of Contractor, including costs, counsel fees, and all expenses of defense.

4. FEES, PERMITS AND CERTIFICATIONS

The Contractor shall pay for, secure and provide all necessary and required local, state and federal fees, permits and certificates.

5. TAXES

The Districts are exempt from state sales tax and federal excise taxes. State Sales and Use Tax Certificate of Exemption forms will be issued upon request. Deliveries against this Contract must be free of excise or transportation taxes, except when such a tax is part of a price and “the district” is not exempt from such levies.

6. TIME PERIOD FOR DELIVERIES AND PRODUCT CONDITION

Product shall be made available for delivery on each day of the week, Monday through Friday. Deliveries shall be made prior to 9:00 a.m. daily or as required by the individual district. Contractor shall make inside deliveries of dairy products and place them in Refrigerated coolers or lowerators and the remaining milk shall be stacked in refrigerated storage at each location. Location of delivery for milk/juice products is indicated for each location on the attached sheets- Addendum A.

The vendor shall utilize properly insulated, mechanical, or thermostatic temperature control refrigeration equipment. Such equipment must be capable of maintaining proper temperature in order to protect the product.

The expiration date on milk must have at least a 7 day shelf life code at the time of delivery. Milk must be delivered at or below 41°. “The districts” reserve the right to return without charge or to reject at the time of delivery any merchandise received in damaged or unwholesome condition. Such as crushed, broken, leaking or unclean containers or crates. Delivery crates shall be clean, sturdy, and sanitized on a daily basis. There shall be no deposit fee on delivery crates.

All dairy product plastic bottles and cartons shall be in leak-proof and dirt free condition upon delivery. Bottles or cartons that are damaged, partially filled, or have an expired date code will not be accepted.

- 2 - Half-pint plastic bottles or cartons are to be shipped in crates that hold a maximum of 50-52 such bottles or cartons.

7. PRODUCT SPECIFICATION

The specifications are for a low fat white, with a 1 percent butterfat; and for skim, non fat chocolate and non fat strawberry milk. All milk shall be pasteurized, homogenized, and enriched with Vitamin D.

Milk must be pasteurized and comply with FDA grade A standards. Milk and dairy products must meet all local and state requirements governing the quality of all products supplied. All products shall be grown and processed in the of America. All milk products will be free of all growth hormones and all dairies must provide proof written statement that all milk products are hormone free.

No reconstituted milk shall be an ingredient in any milk product.

Juice products shall be 100 percent pure juice. Drink products shall be 10-20 percent pure juice. Contractor shall also provide product information sheets indicating the ingredients and nutritional content of vitamin A, C, iron, calcium, sodium, carbohydrate, saturated fat, total fat, calories for every product contained in this bid.

Plastic bottles with twist off top are preferred however leak proof cartons are acceptable.

Bid prices for milk shall be determined in conjunction with the legally established prices for Chester County, Pennsylvania as of the bid opening date. In as much as this bid is for the 2021-2022 school year, increases or decreases in such prices during that period shall only change proportionately in accordance with newly approved prices. The successful bidder(s) shall provide written notice to the Avon Grove, Avon Grove Charter, Chester County Intermediate Unit, Coatesville Area, Oxford Area, and Unionville-Chadds Ford School Districts of any such price changes.

Vendor agrees to supply the ingredient label and nutritional analysis for every product quoted with bid documents or before bid analysis.

8. PAYMENT

Separate invoices shall be prepared to indicate each delivery and will be signed by an authorized representative of the participating school.

Contractor shall be entitled to invoice each school district for all Products delivered to the school district at the designated unit price provided that all Products for which payment has been requested have been furnished in accordance with the Contract and Contractor is in full compliance with all requirements of the Contract. The school district shall pay the Contractor for all such Products on a monthly basis.

Each school district is exempt from the payment of any Federal, State, Local or Transportation taxes and sales tax. Exemption certificates will be signed on request. The price submitted must be net exclusive of taxes

9. WARRANTY

All goods and services furnished by the Contractor, relating to and pursuant to this Bid will be warranted to meet or exceed the specifications contained herein. In the event of breach, the Contractor will take all reasonable action, at Contractor’s expense, to correct such breach in the most expeditious manner possible.

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10. ASSIGNING OF CONTRACT

The Contractor shall not sell, transfer, assign, subcontract, or otherwise dispose of the Contract, or any portion thereof, or of its right, title, or interest therein without the written consent of “the districts”. This Contract may be assigned to a wholly-owned subsidiary of Contractor, provided the Contractor guarantees the subsidiary’s performance.

11. TERMINATION OF CONTRACT

Upon thirty (30) days written notice to Contractor, “the districts” may with cause and without prejudice to any other right or remedy, elect to terminate the Contract. Upon receipt of written notice from “the districts” of such termination, Contractor shall cease operations as directed by “the districts” in the notice; take actions necessary, or as “the districts” may direct, for the protection and preservation of the Products; and except for Products directed to be delivered or performed prior to the effective date of termination stated in the notice, terminate all existing contracts, subcontracts and purchase orders and enter into no further contracts, subcontracts and purchase orders. In case of such termination, where Contractor is without fault, Contractor shall be entitled to receive payment from the applicable districts for all Products satisfactorily provided prior to the effective date of termination.

12. COMPLIANCE WITH LAWS

A. Contractor shall comply with all applicable federal, state, local and industry statutes, regulations, ordinances, codes and standards. The specific statutory requirements enumerated in this Section shall not limit the generality of the foregoing sentence or be construed as an exhaustive enumeration of Contractor’s obligations under applicable laws. The failure to specifically reference or include said matters in the Contract does not excuse Contractor from compliance with same. B. Hazardous Materials. Each Contractor supplying or using any materials containing any hazardous substance listed on the Hazardous Substance List compiled by the Commonwealth of Pennsylvania, Department of labor & Industry, must furnish appropriate material safety data sheets for all products. “The districts” reserve the right to require contractor to use alternative products if, in “the districts” sole discretion, the product is too hazardous to be used in an education facility. The Contractor shall comply with all other terms and condition of the Pennsylvania Worker and Community Right –to-Know Act, Act No. 159 of 159 of 1984m 35 P.S.§7301 et seq., providing all information regarding the composition of all materials and products used or installed as part of the Project when required. C. Human Relations. Contractor shall comply with the Pennsylvania Human Relations Act, 43 P.S. §951 et seq., which prohibits discrimination because of race, color, religious creed, ancestry, age, sex, national origin, handicap or disability, by employers, employments agencies, labor organization, contractors and other. Contractor’s attention is directed to the language of the Commonwealth Non-Discrimination Clause as set forth in 16 Pa. Code §349.101. D. Non-Discrimination. In hiring of employees for the performance of work under the Contract or any subcontract hereunder, no Contractor or subcontractor shall by reason of race, creed or color, religious creed, ancestry, age, sex, national origin, handicap or disability, discriminate against any citizen of the Commonwealth of Pennsylvania who is qualified and available to perform the work to which the employment relates. No Contractor, subcontractor, or any person on his behalf, shall in any manner discriminate against or intimidate any employee hired for the performance of work under this contract/purchase order on account of race, or color, religious creed, ancestry, age, sex, national origin, handicap or disability. The Contract may be cancelled or terminated by “the districts” for any violations of the terms of conditions of this paragraph. E. Safety. Contractor will comply with all applicable Federal, State and Local Laws, statutes and ordinances including, but not limited to the rules, regulations and standards of the Occupational Safety and

- 4 - Health Act of 1970, the Federal Contract Work Hours and Safety Standards Act, and the rules and regulations promulgated under theses Acts. F. TheWarren F. Goodling Child Nutrition Reauthorization Act of 1998, as may be amended, requires sponsors of the National School Lunch Program to buy domestic commodities or products for use in meals to the maximum extent possible. Specification of product origin, based on the Nutrition Labeling and Education Act of 1990, as may be amended, mandates that the country of origin for both domestic and imported food products be identified on the product label. Product bid must comply with the foregoing regulations and all applicable federal, state and local laws and regulations. G. “The Districts” may routinely inspect Contractor’s facilities. Facilities and operating practices must be in compliance with the United States Food, Drug, and Cosmetic Act, as may be amended, and all applicable federal, state and local laws and regulations. H. Small and Minority Businesses, Women’s Business Enterprises, and Labor Surplus Area Firms. The awarded vendor(s) shall comply with the requirements of 2 C.F.R § 200.321. addressing contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms. To the extent that the awarded vendor(s) use subcontractors to perform certain obligations under the Contract, such vendor(s) shall (i) place qualified small and minority businesses and women’s business enterprises on solicitation lists; (ii) assure that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources; (iii) divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participations by small and minority businesses, and women’s business enterprises; (iv) establish delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises; (v) use the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (vi) require that, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (i) through (v) of this paragraph.

13. INTERPRETATIONS

The captions and headings of various paragraphs in the Contract are for convenience only and are not to be construed as defining or limiting, in any way, the scope or intent of the provisions hereof. The invalidity of any covenant, restriction, condition, limitation or an other part or provision of the Contract shall no impart or affect in any manner the validity, enforceability or effect of the remainder of the Contract. 14. COMPLIANCE WITH DISTRICT RULES AND REGULATIONS.

A. No Smoking or Tobacco Use in Buildings. Contractor will prohibit employees from smoking or using tobacco products in “the district” buildings, while on school property. B. Sexual Harassment. Contractor will prohibit employees while on school property from engaging in sexual harassment activity. Sexual harassment activity is defined as unwelcome sexual advances, requests for sexual favors, and/or other verbal or physical conduct or written communication of an intimidating, hostile or offensive sexual nature. C. Motor Vehicle Rules and Regulations. Contractor must conform to the following Motor Vehicle Rules and Regulations: a. Use only those spaces designated for use by a service vehicle. b. In the event these designated spaces cannot be utilized, notify “the district” for proper clearance. c. Restrict Vehicle to 15 MPH and observe all traffic regulations posted on school property. D. In compliance with the Act of Assembly, the Supplier further covenants, and agrees to accept, insofar as the work covered by this contract in Pennsylvania is concerned, the provisions of the Worker's Compensation Act of 1951, and any supplements or amendments thereto, which may have been or may hereafter be passed, or shall file with the participating entities a certificate from the Department of Labor and Industry. Further, when and where required, the supplier will comply with the Pennsylvania School Code, including Act 34 of 1985, Criminal History Background Check; Act 151 of 1994, Child/Student Abuse Reporting/Clearance

- 5 - Check; Act 159, the Employee Right to Know Law; and Act 114 of 2006 (with current amendments), FBI Federal Criminal History Record. Costs to obtain these clearances are the responsibility of the bidder.

15. SPECIFICATIONS

Freight, delivery, and any other costs and fees must be included in all pricing submitted in the bid.

“The districts” reserve the right to reject any and all bids, or to waive informalities in the bidding if it is in the interest of the district to do so. Further, the district reserves the right to make its award for one or more of the articles set forth in the specifications or make its award for all for all the articles set forth in these specifications.

“The districts” reserve the right to make the award in its entirety to suppliers, rather than an item by item basis.

Whenever two (2) or more bids of equal amounts are the lowest prices submitted by responsible bidders, “the districts” may award the project to any one or such bidders in its sole discretion. “The districts” has the right to select any or all bids, although they may not be awarded to the same bidder.

It is understood that all specifications are subject to any regulation(s) of the United States Department of Agriculture, and the Commonwealth of Pennsylvania, and the Board of Health. All bids must include a copy of the current Quality Assurance Program to include the following: product specification, in-house infection control procedures, documentation of outside laboratory testing facilities, shipping and distribution, inventory and stock rotation. Testing and testing results will be provided to the district upon request at no charge to the district.

In the event that any of the said products shall be rejected as unsuitable or not in conformity with these specifications, such products of proper quality as set forth in these specifications shall be furnished in place thereof at the expense of the Contractor.

The Contractor shall comply with the Commonwealth of Pennsylvania-Department of Agriculture Requirements and HACCP guidelines with regard to facilities, personnel, storage and receiving practices, and delivery of food products. The School District reserves the right to inspect vendor’s receiving, storage, and staging areas and delivery vehicles to ensure compliance with these food service sanitation regulations.

16. CLARIFICATIONS

In the event it becomes necessary to revise any part of this request for proposals, an addendum will be provided to all proposers who received the basic request for proposal. Requests for clarification should be in writing and directed to Elizabeth H Julian by May 1, 2021.

17. DETERMINATION OF AWARD

Bidders will be requested to submit product samples (as indicated on bid form in red) by May 12, 2021 prior to bid analysis. Samples can be delivered to Avon Grove Intermediate School 395 S. Jennersville Road, West Grove, PA 19390.

No contract shall be awarded until the proposals have been examined and the award authorized by “the Districts”. All quotes will be analyzed to determine which is best for participating schools.

This Agreement shall be in effect for one year starting July 1, 2021 and may be renewed by mutual agreement for up to one additional one-year period(s).

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DELIVERY SITES - Addendum A

CHESTER COUNTY INTERMEDIATE UNIT (9 Sites) Sylvie Baccaro, RD, LDN 1525 East Lincoln Highway Coatesville, Pa 19320 610-383-5725

Child Development Center (delivery 3 times a week) Learning Center (delivery 3 times a week) 1525 East Lincoln Highway 1635 East Lincoln Highway Coatesville, Pa 19320 Coatesville, PA 19320 610-383-7400 – Tina Porcelli 610-384-6030 – Tracy Trego

Gordon Early Literacy Center (delivery 3 times a week) Phoenixville Head Start (delivery 1 time a week) 351 Kersey Street 1580 Charlestown Road Coatesville, PA 19320 Phoenixville, PA 19460 610-383-6800 – Caroline Charron 610-933-8877 – Ingrid Schmidt

Chester County Family Academy (delivery 4 times a week) West Chester Head Start (delivery 3 times a week) 530 E. Union Street # 2 540 E. Union Street West Chester, PA 19382 West Chester, PA 19382 610-696-5910 – Linda Walls 610-692-5805 – Evelyn Lesher

Technical College High School Brandywine Campus (delivery 4 times a week) 443 Boot Road Downingtown, Pa 19335 484-593-5108 – Monica LoFurno

Technical College High School Pickering Campus (delivery 3 times a week) 1580 Charlestown Rd Phoenixville, PA 19460 610-933-8877 – Ingrid Schmidt

Chester County Technical College High School Pennocks Bridge Campus (delivery 3 x week) 280 Pennocks Bridge Road West Grove, PA 19390 670-345-1800 – Wendie Ward

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AVON GROVE SCHOOL DISTRICT 375 JENNERSVILLE ROAD WEST GROVE, PA 19390 1-610-869-2441 Beth Julian, Food Service Director

Daily Delivery required at and Fred S. Engle Middle School. 4 days a week Delivery required at Avon Grove Intermediate and Penn London Elementary.

Avon Grove High School Fred S. Engle Middle School 257 E. State Road 107 Schoolhouse Road West Grove, PA 19390 West Grove, PA 19390 610-869-2446 ex 40086 610 869 3022 ex 30080 Judy Hoopes, Manager Kathy Bivens, Manager

Avon Grove Intermediate School Penn London Elementary School 395 S. Jennersville Road 383 S. Jennersville Road West Grove, PA 19390 West Grove, PA 19390 610 869 2010 ex 20080 610 869 9803 ex 10080 Sharyl Mason, Manager Anna Mayer, Manager

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COATESVILLE AREA SCHOOL DISTRICT Food Service Department 3030 CG Zinn Road Thorndale, PA 19372 Phone - (610) 466-2404

Supervisor – Erin Robinson Secretary – Brenda Wolf [email protected] [email protected]

SCHOOLS SERVING THE C.A.S.D.

Coatesville Area Senior High School Caln Elementary School 1445 East Lincoln Highway 3609 Lincoln Highway Coatesville, PA 19320 Thorndale, PA 19372 Phone: (610) 383-3730 Phone: (610) 383-3760 Food Service Manager – Stacey Estes Food Service Manager – Annette Mull [email protected] [email protected]

Coatesville Intermediate High School East Fallowfield Elem. School 1425 East Lincoln Highway 2254 Strasburg Road Coatesville, PA 19320 East Fallowfield, PA 19320 Phone: (610) 383-3735 Phone: (610) 383-3765 Food Service Manager – Alice Stauffer Food Service Manager – Tina Cumens [email protected] [email protected]

North Brandywine Middle School Kings Highway Elem. School 256 Reeceville Road 841 West King’s Highway Coatesville, PA 19320 Coatesville, PA 19320 Phone: (610) 383-3745 Phone: (610) 383-3775 Food Service Manager – Linda Guie Food Service Manager – Rose Jelke [email protected] [email protected]

Scott Middle School Rainbow Elementary School 800 Olive Street 1113 W. Lincoln Highway Coatesville, PA 19320 Coatesville, PA 19320 Phone: (610) 383-6946 Phone: (610) 383-3780 Food Service Manager – Tina Cumens Food Service Manager – Jill Green [email protected] [email protected]

Reeceville Elementary School 248 Reeceville Road Coatesville, PA 19320 Phone: (610) 383-3785 Food Service Manager –Linda Guie [email protected]

- 9 - Unionville-Chadds Ford School District: 6 DAILY DELIVERY SITES 740 Unionville Road Kennett Square, PA 19348 (610) 347-0970, ext. 3334 (610) 347-0976 (fax) Sue Baumeister Food Service Coordinator

Unionville Elementary Chadds Ford Elementary 1775 West Doe Run Road 3 Baltimore Pike Kennett Square, PA 19348 Chadds Ford, PA 19317 (610) 347-1700, ext. 7- cafeteria 610-388-1112, ext 7 Dana Chew- Manager Marge Donaghey- Lead

Pocopson Elementary Hillendale Elementary 1105 Pocopson Road 1850 Hillendale Road West Chester, PA 19382 Chadds Ford, PA 19317 (610) 793-9241, ext. 7 cafeteria 610-388-1439, ext 7 Amanda Harris- Lead Sean Amoroso- Lead

Unionville High School Charles F. Patton Middle School 750 Unionville Road 760 Unionville Road Kennett Square, PA 19348 Kennett Square, PA 19348 (610) 347-1600, ext. 3997- cafeteria 610-347-2000 ext Sue Baumeister- Manager Kathy Allaband- Manager

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OXFORD AREA SCHOOL DISTRICT Food Service Office 125 Bell Tower Lane Oxford, PA 19363

Alison Weir Food Service Director 610-932-6660 (Phone) 610-932-6614 (Fax) [email protected]

DELIVERY LOCATIONS

Milk deliveries are required on a daily basis.

Oxford Area High School Elk Ridge School 705 Waterway Road 200 Wickersham Road Oxford, PA 19363 Oxford, PA 19363 Peg Rullo-Manager Denise McCormack- Manager 610-932-6655 610-932-6677

Penn’s Grove School Nottingham School 301 South 5th Street 736 Garfield Street Oxford, PA 19363 Oxford, PA 19363 Grace Chamberlain- Manager Denise McCormack-Manager 610-932-6624 610-932-6638

Hopewell School Jordan Bank School 602 Garfield Street 536 Hodgson Street Oxford, PA 19363 Oxford, PA 19363 Darla Boggs- Manager Kay O’Brien- Manager 484-365-6166 610-932-6661

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Avon Grove Charter Schools: 2 DAILY DELIVERY SITES 110 East State Road West Grove, PA 19390 (610) 869-6290 (610) 869-5892 (fax) Leona Bankoski

Avon Grove Charter School Early Learning Center at Kemblesville State Road Campus 110 East State Road 1769 New London Road West Grove, PA 19390 Landenberg, PA 19350 (484) 667-5000 (610) 255-5325 Leona Bankoski, Manager Diane Szewczyk, Manager

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