CLOVIS UNIFIED SCHOOL DISTRICT

BID PACKAGE FOR BID MBER 2846

Campus ciub: Snack Items

Eimear O'Farrell, Ed.D. District Superintendent

Clovis Unified School District 1450 Herndon Avenue
Clovis, California       93611-0599 (559) 327-9482

CLOVIS UNIFIED SCHOOL DISTRICT

BIDDING PACKAGE TABLE OF CONTENTS

DESCRIPTION

Notice To Bidder

Instructions To Bidders

Bid Proposal Form

Cost Analysis Form(s) if applicable

Noncollusion Affidavit

Specifications

Sample Contracts

Addenda

CLOVIS UNIFIED SCHOOL DISTRICT

NOTICE TO BIDDERS

The Board of Trustees of the Clovis Unified School District of Fresno	County,	California	invites	and	will	receive	sealed proposals for BID NO. 2846 for the award of Campus Club: Snack Items on or before 2:00 PM, on May 11, 2021 in the Purchasing Department of Clovis Unified School District, 1450 Herndon Avenue, Clovis, California 93611-0599. Due to current Fresno County health regulations, this will not be a public bid opening.

Bids must be accompanied by a bidder's bond, cashier's check or certified check for TEN PERCENT (10%} of the amount of the bid. The bidders bond or certified check shall be made payable to the Clovis Unified School District and shall be given as a guarantee that the bidder will enter into a contract if awarded the work, and will be declared forfeited,	paid to,	or retained by the District as liquidated damages if the bidder refuses or neglects to enter into a contract on the terms of the accepted proposal within fourteen (14) calendar days after bidders notification of District's acceptance of the proposal.	Bidders may not withdraw bids for a period of forty-five (45) days after the date set for opening of bids.

Bids shall be made on forms prepared by the Clovis Unified School District.	Bid forms, specifications and further information may be	obtained	from	Tami	Garcia,	Buyer	I,	in	the	Purchasing Department, phone (559) 327-9477.

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.

Published:	Dates:	(1) April 16, 2021 (2) April 23, 2021

CLOVIS UNIFIED SCHOOL DISTRICT

Michael Johnston
Associate Superintendent of Administrative Services

INSTRUCTIONS TO BIDDERS

Specifications and/or Drawings are available at:

CLOVIS UNIFIED SCHOOL DISTRICT Purchasing Department 1450 E. Herndon Avenue
Clovis, California 93611-0599 ATTN: Tami Garcia Phone (559) 327-9477

Bid Proposal:
No	bid	proposals	shall	receive	consideration	by	the	Clovis Unified School District for Bid No.	2846 Campus Club:     Snack Items unless made in accordance with the following instructions:

1.	Deadline For Receipt of Proposals.	Bid proposals must be sealed and filed with the Purchasing Department located at 1450 Herndon Avenue, Clovis, California 93611-0599, on or before 2:00 PM, on May 11, 2021.	All bids must be received on or prior to that date and time. Due	o t	current              Fresno nty	Cou
health	regulations,	thiisll	owtn	be	a	public bid              opening. The District suggests that bids be hand
delivered inorder to insure their timely receipt.

2.	Requests for Information.	Any questions relative to the bid should be directed to the District Superintendent or designee at the address specified for receipt of bid proposals.
3.	Bid Proposal Forms.	Bid proposals must be made on a form obtained from the District.	All iterns 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 Affidavit.	Each bidder must return a fully executed noncollusion affidavit, as required by Public Contract Code	section	7106,	with     the	completed	bid	proposal.	The noncollusion affidavit is included in this bidding package.

5.	Clarification's. discrepancies,	omissions clarified by the District

Questions	regarding	documents, or	doubt     as     to	meanings      will	be
Superintendent or designee.

Continued	 INSTRUCTIONS TO BIDDERS PAGE 2

6.	Execution of Forms.	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.	Bid Security.	Bid Proposals must be accompanied with a certified cashier's check,	or bidder's bond for an amount not less than ten percent ( 10%) of the amount of the base bid.	The cashier's check or bid bond shall be made payable to the order of     the	Clovis     Unified	School	District.	If	the	bid     bond accompanies the proposal, the bond shall be secured by a surety company satisfactory to the District.	Failure to provide bid security or bid security in the proper amount, may result in rejection of the bid.

8. Withdrawal of Bid Proposals.	Bid proposals may be withdrawn by the bidders prior to the time fixed for the opening of bids, but may not be withdrawn for a period of Forty Five ( 4 5) days after the opening of bids.	A successful bidder shall not be relieved of the bid submitted without the District's consent or bidder's recourse to Public Contract Code Section 5100 et. seq.

9.	Addenda or	Bulletins.	Any addenda or bulletins issued during the time of bidding shall form a part of the drawings and specifications issued to bidders for the preparation of their proposals and shall constitute a part of the contract documents.

10.	Award of Contract.	The District reserves the right to reject any and all bid proposals, to contract work with whomever and in whatever manner the District decides, to abandon the work entirely	and	to	waive     any	informality	or	non-substantive irregularity as the interest of the District may require.	The District reserves the right to award this bid by line item or in total whichever is in the best interest of the District.

11.	Rejection of Bids.	The District reserves the right to accept or reject any and all bids, or any portion or combination thereof, or award on the basis of the total bid.

Continued	 INSTRUCTIONS TO BIDDERS PAGE	3

12. Execution of Contract.	The successful bidder shall, within fourteen ( 14) calendar days of notice of award of the contract, sign and deliver to the District the executed contract.	In the event the bidder to whom an award is made fails or refuses to execute the contract within fourteen (14) calendar days from the date	of	receiving	notification	that	the	contract	has	been awarded to the bidder, the District may declare the bidder's bid deposit or bond forfeited as damages caused by the failure of the bidder to enter into the contract, and may award the work to the next lowest responsible bidder, or may reject all bids and call for new bids.

13. Drawings and Specifications.	Each bidder shall be required to return to the District all drawings and specifications in an unmutilated condition and without any marks or annotations.	All drawings,	specifications and other documents used or prepared during the	project	shall	be     the	exclusive	property	of     the District.

14.	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 required evidence of the bidder'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 bidder's responsibility to perform the proposed contract may result in rejection of the bid.

15. Taxes.	Taxes shall NOT be included in the unit prices of the materials, but may be provided as part of the Cost Analysis. The	District will pay only	the	State sales and use taxes. Federal excise taxes are not applicable to school districts.

16. Bid Exception.	All exceptions which are taken in response to	this	bid	must     be	stated	clearly.	The	taking	of	bid exceptions      or     providing	false,	incomplete     or	unresponsive statements     may     result     in     the     disqualification     of	the     bid. Allowance of     exceptions will     be     determined by the     Board of Trustees, whose decisions shall be final.      Any bid exceptions or additional conditions requested after bid closure, which are not detailed within the bid response, may result in disqualification of the bid.         No oral or telephonic modification of any bid 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 bidder was placed in the mail prior to the opening of the bids.

Continued	INSTRUCTIONS TO BIDDERS PAGE	4

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

18.	Prices.	Bidders must quote prices F.O.B.	Clovis Unified School District unless otherwise noted.	Prices should be stated in     the	units     specified	and bidders should	quote	each	item separately.

19.	Quantities. District reserves as desired.

The quantities shown the right to increase

are approximate.         The or decrease quantities

2 0.     Samples.        On shall be furnished

request,     samples of to the District at no

the products being bid charge.

21.	Special	Brand	Names.	In	describing	any	i tern,	the identification     of a particular manufacturer or special brand does not restrict bidding to that manufacturer or special brand,
but is intended only to indicate the quality and type of item desired.	Bidders may furnish any material,	product,	thing or service of     comparable	quality or	utility.         IF	A     BIDDER	IS REQUESTING     SUBSTITUTION     OF	AN	EQUAL	ITEM,      THE     BIDDER	MUST CLRLY INDICATE THE SUBSTITUTION ON THE BID PROPOSAL FORM.      THE AKE ND GADE OF THE ARTICLE ON WHICH A BID IS SBMITTED MUST BE STATED IN THE PROPOSAL ND ILLUSTRATIONS,     CATALOG ND ALL NECESSARY INFOMATION SUBMITTED SO THAT THE DISTRICT CAN KE A COMPLETE EVALUATION OF THE QUALITY ND UTILITY OF THE SUBSTITUTE BND BID.     The District encourages alternate brands to be bid. The District reserves the right to make all decisions on product and vendor selection in determining whether a substitute brand is of comparable quality or utility to the brand name specified.

22.	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,	handling,     processing and labeling. Packages shall be so constructed to insure safe transportation to point of delivery.

Continued	 INSTRUCTIONS TO BIDDERS PAGE	5

23. Bid Negotiations.	A bid response to any specific item of this bid	with	terms such	as	negotiable,	will	negotiate or similar, will be considered as non-compliance with that specific term.

24.	Indemnity.	The	bidder	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 bidder'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 bid.

25.	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 bid proposal shall conform to all applicable requirements of local, state and federal law.

26. Substitute Security.	In accordance with Section 4590 of the Government Code,	the District will permit the substitution of securities for any moneys withheld by the District to insure performance under the contract.	At the request and expense of the bidder, securities equivalent to the amount withheld shall be deposited with the District,	or with a state or federally chartered bank as an escrow agent, who shall pay such moneys to the bidder upon satisfactory completion of the contract.

Securities	eligible	for	investment	under	this	Section shall include those listed in Government Code Section 16430 or bank and savings and loan certificates of deposit.	The bidder shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon.

27.	If the bidder defaults,	the	District may procure the articles or services from other sources and may recover the loss occasioned thereby from any unpaid balance due the bidder or by proceeding against a bidder's bond, if any, or by suit against the bidder.	The prices paid by the District shall be considered the prevailing market prices at the time such purchase is made.

Continued	 INSTRUCTIONS TO BIDDERS PAGE	6

28.	Governing Law and Venue.	In the event of litigation, the bid     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 Fresno County.

2 9.	Deli very Deadline.	The equipment/materials sought by this bid proposal must be delivered in satisfactory condition to the location specified by the District in the bid proposal on or before delivery time as indicated by vendor.	This time limit is of the essence of the contract.	A bidder's failure to provide the equipment/materials to the District by the contract date shall subject the bidder to liquidated damages in the amount of $200. 00 for each and every calendar day by which completion is delayed beyond the contract date.

Submission of a bid proposal constitutes the bidder's promise to pay	liquidated	damages	as	set	forth	above	and	the	bidders agreement that the actual occurrence of damages and the actual amount	of	damages	which     the     District     would     suffer     if	the requirements	were     not     completed	by	the     contract      date      is impracticable and extremely difficult to fix.      Damages which the District would suffer in the event of delay are dependent on many circumstances and factors but would include the loss of use of     the materials,      disruption     of     school	activities,     cost     of administration and supervision,     and the loss     suffered by the public and the District by reason of delay in completion of the contract.      Accordingly, bidder agrees that the amount set forth herein as liquidated damages shall be presumed to be the amount of     damages     actually	sustained     by     the     bidder's     failure     to complete the project by the contract date.

If the bidder becomes liable to the District	for liquidated damages, the District shall, in addition to all other remedies provided	by	law,	have	the	right	to	deduct     the	amount	of liquidated damages owed from the contract sum or to deduct the amount of     liquidated damages owed by the bidder from moneys previously retained from the bidder.      If the sum deducted by the District is insufficient to discharge the bidder's liability for liquidated damages,     the bidder and its sureties shall remain liable to the District until all     such     liabilities are fully satisfied.

Continued	 INSTRUCTIONS TO BIDDERS PAGE	7

30.	Participation.	Bidder agrees to extend the resulting	contract         to	other	political municipalities and tax supported agencies.

terms of the subdivisions,

Such participating governmental bodies shall make purchases in their own name,	make payment directly to the bidder,	and be liable directly to the bidder,	holding Clovis Unified School District harmless.

The	successful	bidder	will	invoice	each	Agency	separately. Invoices must show each Agency's purchase order number, and be mailed as directed by each separate Agency.

31.	Internet Access.	It is the responsibility of all potential bidders	who	gain	access	to	bid	specifications	through	the internet,      to     contact     the     District	with	the	Company	Name, Address,       Telephone      and       Fax      Nmber.             This      will      ensure notification of any bid specification changes through addendum.

CLOVIS UNIFIED SCHOOL DISTRICT BID PROPOSAL FORM

Board of Trustees
CLOVIS UNIFIED SCHOOL DISTRICT 1450 Herndon Avenue
Clovis, California	93611-0599

RE: BID NO. 2846
Dear Members of The Board of Trustees:

The undersigned, doing business under the firm name of

having	carefully examined the Notice to Bidders, the Instructions to Bidders, the Contract, the Specifications and all of the contract documents for the proposed Campus Club:	Snack Items proposes to perform the	contract,	including	all of its	component	parts,     and to furnish all materials and labor called	for by them     for the entire order, including all taxes as follows:

AMOUNT OF BID

$ ____________________Dollars and'-__ ./100

Delivery will be made within	calendar days after receipt of order.
Prices will remain firm until June 30, 2022.

SUBMITTED BY:

COMPANY

ADDRESS	CITY/STATE/ZIP

SIGNATURE	PLEASE TYPE OR PRINT NAME

TITLE	DATE

PHONE

FAX

EMAIL ADDRESS

CLOVIS UNIFIED SCHOOL DISTRICT NONCOLLUSION DECLARATION

BID 2846

Campus Club: Snack Items

State of California
ss. County Of Fresno
I, _________________ , being duly sworn, declare that I am                                                                                                                                    of the party ma king the
foregoing bid that the bid is not made in the interest of, or on behalf	of,	any	undisclosed	person,	partnership,	company, association,     organization,	or corporation;	that	the bid is genuine and not collusive or sham;	that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,	connived, or agreed with any other bidder or anyone else to put in a sham bid,     or that anyone shall refrain from bidding;     that 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, or to secure any advantage	against     the     public     body     awarding     the     contract     of anyone interested in the proposed contract; that all statements contained in the bid are true;      and further, that 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, or paid, and will not pay, any fee to any corporation,     partnership,     company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

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

Dated	this	day	of	20	at California.

Signature

SPECIFICATIONS BID #2846

CAMPUS CLUB: SNACK ITEMS

I. It is the intent of the District to award this bid, in total. However, the District reserves the right to exclude individual items from award of bid. In accordance with Section 17596 of the Education Code of the State of California, the successful bidder(s) shall be awarded a contract effective July I, 2021 and run through June 30, 2022. The District may, according to the State of California Education Code, option to extend the contract an additional two (2) years beyond the original contract period. The rates shall be subject to adjustment once each year commencing with the beginning of the second year in the contract period. The successful bidder must notify the District in writing of price changes sixty (60) days prior to the contract anniversary date.	The District may require justification for price increases. The District reserves the right to reject said price changes and cancel the remaining balance of the contract, if in the best interest of the District.

2. Bid will be awarded to the lowest qualified bidder. Prices must be F.O.B. Clovis Unified, 2:00 pm-6:00 pm, holidays and vacations excluded. Deliveries every two (2) weeks to elementary school locations and Child Development Department. The delivery schedule may vary depending on individual site needs.

3. Prices are to remain firm for the term of the contract. In the case of crop failure, quoted prices may be changed with a (15) day prior written request along with copies of the price increase from the manufacturer. This will be provided to CUSD - Campus Club Coordinator for approval. The District reserves the right to reject said price changes and cancel the remaining balance of the contract, if in the best interest of the District.

4. Representatives will pick-up orders on their designated day in the Child Development Office at 1735 David E Cook Way, Clovis, CA 93611.

5. All foods shall conform in every respect to provisions of the Federal Food and Drug Act of June 30, 1956, amendments thereto and subsequent decisions of the United States Department of Agriculture.	All canned and dried fruits and vegetables shall be the latest crop.

6. Brand, grade and Unit price MUST be listed on the form.

7. Quotes for each item must include the packing, delivery, drayage, freight costs etc. No separate charge will be accepted.

8. The Clovis Unified School District reserves the right to inspect the facilities of the bidder prior to award of contract and if representatives of the school district determine after such inspection that the bidder is not capable of performance satisfactory to the school district their bid will not be considered.

9. The District reserves the right to make additions or deletions from the list of schools to be served at any time during the period of the contract.

I 0. The District reserves the right to add or delete items from the list of products at any time during the period of the contract.

11. The Contractor shall render invoices in duplicate for products delivered. One copy shall remain at the point of delivery to be signed by authorized personnel receiving the merchandise.	One copy shall be forwarded to Clovis Unified School District, 1735 David E Cook Way, Clovis, CA 93611, Attention: Campus Club/Accounting. Invoices shall be submitted in a form acceptable to the District under the same firm name as shown on the contract.

12. District reserves the right to cancel immediately any awarded contract for any reason determined by the school district to be detrimental to the health and welfare of students and school personnel or that seriously affects the quality of the service. The District holds the right to hold the vendor in default if he has caused such conditions to arise.

13. The successful bidder shall insure his employees use extreme caution in the operation of any vehicles on school grounds.	The successful bidder shall maintain insurance adequate to protect him from claims under Workman's compensation Acts and from claims from damages for personal injury including death, and damage to property that may arise from operations.

14. Performance Guarantee- The successful vendor may be required to furnish a Performance Bond in the amount of $25,000 insuring the faithful performance of the contract within fourteen (14) calendar days from the award of the contract.

15. All product prices must be shown as one price (net) and will be reflected as such on all invoices submitted for payment.

BID #2846 CAMPUS CLUB SNACK ITEMS

VENDOR:

ITEM

NO.	DESCRIPTION

REFRIGERATED

BRAND NAME & NO. - QUOTE ON BRAND SPECIFIED OR EQUAL ALTERNATE WITH BRAND NAME
AND NUMBER DESIGNATED	PACK SIZE

ESTIMATED
UNIT	QUANTITY	UNIT PRICE

EXTENDED PRICE

1	Baby Carrots

2	Gogurt -Strawberry

3	String Cheese

Sysco Natural

Yoplait

Arezzio

200/1.06 oz	Case	150

96/2 oz	Case	468

168/1 oz	Case	300

FRUIT (SHELF STABLE)

4	Fruit Snack - Gummy Mixed Berry

5	Apple Red Delicious Fancy Fresh

6	Applesauce in Juice Cup

7	Peach Diced Bowl in Pear Juice

8	Fruit Snack - Fruit by the Foot

Motts

Packer

Sysco Natural

Sysco Natural

General Mills

96/1.6 02	Case	234

1/125	Case	150

72/4 oz	Case	468

48/4 oz	Case	234

96/.75 oz	Case	300

CHIPS/CRACKERS

9	Snack, Cheese Crunchy Baked

10	Goldfish Crackers

11	Snack Mix, Kids Mix

12	Chip, Multigrain, Garden Salsa

Cheetos

Pepperidge Farm

Quaker

Sunchip

64/1.5 02	Case	234

300/3.4 02	Case	234

104/.875 02	Case	234

64/1 oz	Case	234

D
Y	UNIT PRICE

EXTENDED PRICE

ITEM

NO.	DESCRIPTION

13	Cracker, Cheese, Reduced Fat

14	Chips -Tortilla Nacho Cheese

15	Corn Chip Original

16	Cracker - Ritz Bitz Sandwich with Cheese

17	Pretzel -Tiny Twist Classic

18	Honey Maid Little Grahams

19	Popcorn -White Cheddar

20	Tortilla Chip Rounds

COOKIE/SWEET

Poptart, Whole Grain - Brown Sugar, 21	Strawberry, Frosted Fudge

22	Snack Crisped Rice Treat Bar

23	Pudding - Chocolate

24	Cereal -Cinnamon Toast Crunch

25	Graham - Bunny Cookie Mix

26	Chex Mix - Strawberry and Chocolate

27	Chocolate Brownie

BRAND NAME & NO. - QUOTE ON BRAND SPECIFIED OR EQUAL ALTERNATE WITH BRAND NAME AND NUMBER DESIGNATED

Sunshine, Cheezits

Doritos

Fritos

Nabisco

Quaker

Nabisco

Smartfood

Tostito

Kelloggs

Kelloggs Rice Krispies

Realfish

General Mills

Annies

General Mills

Dave's

PACK SIZE

60/1.5 oz

104/1 oz

104/1 oz

48/1 oz

64/2 oz

72/1.06 oz

72/.5 oz

104/.875 oz

12/10 Ct

4/20 Ct

48/3.5 oz

96/1 oz

100/1.25 oz

60/1.03 oz

72/2.2 oz

ESTIMATE UNIT	QUANTIT

Case	234

Case	234

Case

Case	234

Case

Case	234

Case	234

Case	234

Case	468

Case	234

Case	234

Case	234

Case	300

Case	234

Case	234

ITEM
NO.	DESCRIPTION

MISCELLANEOUS
	
BRAND NAME & NO. • QUOTE ON BRAND SPECIFIED OR EQUAL
ALTERNATE WITH BRAND NAME

ESTIMATED

EXTEN

DED CE
	
	AND NUMBER DESIGNATED	PACK SIZE
	UNIT
	QUANTITY	UNIT PRICE	PRI

28	Ranch Dressing Cups
	
Newman's Own	128/1.5 oz
		
50

40

Red Gold	168/2 oz	Case
			
29
	Salsa - Diping Cups

30
	
JUICE

Juice Box/AppleEve - Apple, Very Berry, Fruit Punch, Orange, Strawberry Kiwi

40/4.23 oz	Case

6750
		
		Sun Cup/AppleEve

Delivery Schedule
#2846 Campus Club Snack Items

Site

Boris
Bud Rank Cedarwood Century Clovis Elem. Cole
Copper Hills Dry Creek Fancher Creek Fort Washington Freedom Fugman Garfield Gettysburg Jefferson Liberty
Lincoln Maple Creek Mickey Cox Miramonte
Mountain View Nelson
Oraze Reagan Red Bank Riverview Sierra Vista
Temperance-Kutner Valley Oak
Weldon Woods
Child Development Department

Current Delivery Day

Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday Wednesday

Deliveries are to be made between the hours of2:00 pm to 6:00 pm, excluding holidays and vacations, with deliveries every two (2) weeks to Elementary School locations and Child Development Department. The delivery schedule may vary due to individual site needs.

*Clovis Unified is on a traditional nine (9) month school year.

BORIS

7071 E. CLINTON FRESNO CA 93737 (559) 327-3800

CENTURY

965 N. SUNNYSIDE CLOVIS CA 93611 (559) 327-8433

COPPER HILLS 1881 E. PLYMOUTH FRESNO CA 93720 ( 559) 327-6385

FORT WASHINGTON 960 E. TEAGUE FRESNO CA 93720 (559) 327-6685

GARFIELD 1315 N. PEACH
CLOVIS CA 93619 (559) 327-6885

LIBERTY

1250 E. LIBERTY FRESNO CA 93720 (559) 327-7185

MICKEY COX 2191 W. SIERRA CLOVIS CA 93611 (559) 327-6431

NELSON

1336 W. SPRUCE PINEDALE CA 93650 (559) 327-7685

RED BANK 1454 LOCAN
CLOVIS CA 93611 (559) 327-7886

TEMPERANCE-KUTNER 1448 N. ARMSTRONG FRESNO CA 93727
(559) 327-8100

BUD RANK 3650 POWERS
CLOVIS CA 93619 ( 559) 327-4935

CLOVIS

1100 ARMSTRONG CLOVIS CA 93611 (559) 327-6187

DRY CREEK

8098 N. ARMSTRONG CLOVIS CA 93611 (559) 327-6585

FREEDOM

2955 GETTYSBURG CLOVIS CA 93611 (559) 327-4888

GETTYSBURG 2100 GETTYSBURG CLOVIS CA 93611 (559) 327-6985

LINCOLN

774 E. ALLUVIAL FRESNO CA 93720 (559) 327-7225

MIRAMONTE 1590 BELLAIRE CLOVIS CA 93611 (559) 327-7445

ORAZE

3468 N. ARMSTRONG FRESNO CA 93727 (559) 327-1700

RIVERVIEW

2491 E. BEHYMER FRESNO CA 93720 (559) 327-8628

VALLEY OAK

465 E. CHAMPLAIN FRESNO CA 93720
(559) 327-8284

CEDARWOOD 2851 PALO ALTO CLOVIS CA 93611 (559) 327-6085

COLE
615 W. STEWART CLOVIS CA 93612 (559) 327-6231

FANCHER CREEK 5948 E. TULARE FRESNO CA 93727 (559) 327-6789

FUGMAN

10825 N. CEDAR FRESNO CA 93720 (559) 327-8737

JEFFERSON 1880 FOWLER CLOVIS CA 93611 (559) 327-7085

MAPLE CREEK 2025 E. TEAGUE FRESNO CA 93720 (559) 327-7385

MOUNTAIN VIEW 2002 E. ALLUVIAL FRESNO CA 93720 (559) 327-7529

REAGAN

8300 E. ASHLAN CLOVIS CA 93619 (559) 327-8875

SIERRA VISTA 510 BARSTOW CLOVIS CA 93612 (559) 327-7985

WELDON 150 DE WITT
CLOVIS CA 93612 (559) 327-8372

WOODS
700 TEAGUE CLOVIS CA 93619 (559) 327-8838

CHILD DEVELOPMENT DEPARTMENT 1735 DAVIDE. COOK WAY, STEC CLOVIS CA 93611
(559) 327-9160

CLOVIS UNIFIED SCHOOL DISTRICT

PURCHASE ORDER CONTRACT	SMPLE

This Agreement	is	made this__ ____ day of ________ 2018 by and between Clovis Unified School District , "District" and
''Seller'' with respect to the following recitals:

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

2.	Seller has received notice of an award pursuant to Bid No.2846	for	the delivery of certain equipment,	services,	or other articles ''Service".

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

1. Description of Service.	Seller agrees to deliver District's receiving station indicated	on	Purchase ----, the following service:

to school Order	No.

Campus Club: Snack Items

2.	Time of Commencement and Completion.	The Service shall be delivered in full to the District within ____ Calendar days ''Completion Date".	Time is of the essence in this Contract.

3.	Contracts.	District	agrees	to	pay	Seller	the	sum	of

____________________ / 00
($ _______ ). following timely receipt 1of the Equipment and submission of an invoice to District.

4. Liquidated Damages.	Seller agrees to deliver the Service to District	pursuant	to     the	terms	of	this	Contract	by	the Completion Date unless Seller receives a written extension of time for delivery from District.        Seller's failure to deliver the	Equipment	on     time     shall	subject     Seller	to	liquidated damages.         The actual     occurrences of damages and     the actual amount of damages which District will suffer if the Equipment is not delivered by the Completion Date is dependent upon many circumstances and conditions and, from the nature of the case, it is impracticable and extremely difficult to fix the actual
damages occasioned by	delay.	Damages which District would suffer	in	the	event     of	delay     include	loss	of	use	of	the Equipment,         disruption        of        school	activities,         cost        of administration and the loss suffered by the public by reason of delay. Accordingly, the parties agree that the amount herein set forth as liquidated damages shall be presumed to be the amount of damages actually sustained by Seller's failure to deliver the Equipment by the Completion Date.

Continued	 PURCHASE	ORDER	CONTRACT PAGE	2

The	amount	of	liquidated	damages	to	be	paid	by	Seller	to District for failure to deliver the Equipment on or before the Completion date will be Two Hundred Dollars and 00/100 ($200. 00) for each calendar day by which deli very is delayed beyond the Completion Date, such amount being the actual cash value agreed upon as the loss to the District resulting from the Seller's default.

If Seller becomes liable for liquidated damages,     District,     in addition to all other remedies provided by law, shall have the right to deduct the amount owed as liquidated damages from the contract     sum     due     Seller.          In     all     events,      Seller     and     its sureties, if any, shall remain liable to the District until all
such liabilities are satisfied in full.

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

6. Indemnity.	Seller 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 Seller'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.

7.	Transportation	Charges.	Seller	agrees	to	deliver	all Equipment prepaid unless otherwise specified.        All costs for deli very and packaging of Equipment are the responsibility of Seller unless otherwise stated.

8.	Inspection.	All Equipment furnished must be in conformity with	the	specifications	and	Contract documents	and	will	be subject     to	inspection     and     approval	by	the	District	after delivery.       District reserves the right to reject and return at the risk and expense of the Seller any portion of the Equipment which     may     be     defective     or     which	fails to     comply     with     the specifications in Contract documents.

9.	Assignment	of	Contract.	Seller	agrees	not	to transfer or	convey     any	rights     accruing	under	this without the prior written consent of District.

assign, Contract

Continued	 PURCHASE	ORDER	CONTRACT PAGE	3

10. 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.

11. Miscellaneous Provisions.

11. 1 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 Fresno County, California.

11. 2 Notices.	Communications hereunder shall be deemed given when delivered or mailed by registered mail, postage prepaid, to the parties at their respective places of business.

11.3 Binding Effect.	This Agreement shall of and shall be binding upon the District respective successors and assigns.

inure to the benefit and Seller and their

11.4 Severability.	In the event any provision of this Agreement shall be held invalid or unenforceable by a court of competent jurisdiction,	such      holding	shall	not	invalidate	or	under unenforceable any other provision hereof.

11. 5 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.

11. 6 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.        Seller, by the execution of this	Agreement,	acknowledges      that	Seller	has	read	this Agreement, understands it, and agrees to be bound by its terms and conditions.

12. Termination.	The right to terminate this Agreement under this provision may be exercised without prejudice to any other right or remedy to which the terminating party may be entitled at law or under this Agreement.	The parties may terminate this Agreement without cause by giving 90 days prior written notice of intention to terminate pursuant to this provision, specifying the date of termination.

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

CLOVIS UNIFIED SCHOOL DISTRICT

Vendor

BY
-----------
Purchasing Director ------�         BY --------------Title------------

CLOVIS UNIFIED SCHOOL DISTRICT

BID NO. 2846

Campus Club: Snack Items

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 bid.

Addenda No.	Dated

Addenda No.	Dated

Addenda No.	Dated

Name of Bidder