February 14, 2020

Request for Proposal 20017

BEVERAGE VENDING

Tulsa Public Schools is inviting proposals to provide a beverage/snack vending program district-wide in accordance with the terms and conditions detailed herein. Proposals will be accepted until 11:00 a.m. on March 19, 2020. Proposals received after this time will not be accepted. One (1) original, five (5) copies and one (1) flashdrive of your proposal must be submitted. No award will be made until the Tulsa Public Schools committee has had sufficient time to evaluate the proposals. Tulsa Public Schools reserves the right to contract in the best interest of the District. Responses must be sealed and marked on the lower left-hand corner with the proposal name and number, name and address of the vendor, opening date and time. Fax/electronic responses cannot be accepted. Address, mail or deliver all proposals and accessory documents to:

David Bryant Tulsa Public Schools

3027 South New Haven, Room 527 Tulsa, Oklahoma 74114

Email any questions pertaining to this RFP to the Purchasing Department at purchasing@tulsaschools.org by 4:00 p.m. on March 1, 2020. Include a return phone number and specifically reference the section of the proposal in question. All questions must be submitted in writing. Questions and answers will be distributed to all suppliers solicited in order to avoid any unfair advantage. Thank you for your participation.

David Bryant Buyer

mailto:purchasing@tulsaschools.org

Request for Proposal 20017

BEVERAGE VENDING PROGRAM

1.0 INTRODUCTION

Tulsa Public Schools (“the District”; “TPS”) is committed to ensuring that all of its resources are efficiently and effectively allocated in support of the District's mission. The District is soliciting sealed proposals for Beverage/Snack Vending for all District facilities. The concept is for the District to contract with one (1) Offeror to supply all Beverage/Snack Vending Products, excluding those for Child Nutrition Services, for a period of five (5) years to be defined in the contract documents agreed to by both parties. 1.1 PURPOSE TPS is seeking to develop marketing opportunities, via corporate partnership to provide additional funds for future educational programs and activities to benefit K -12 education. 1.2 BACKGROUND TPS is the largest school district in northeastern Oklahoma. The District contributes significantly to the economic base of the area, employing 6,500 employees. About 40,000 students are enrolled at 80 school sites supported by additional alternative/administrative sites. Compound the Districts' buying power with its employees and constituents, and the marketing potential is enormous. The District has enjoyed a long history of community partnership. Approximately half of the elementary school sites are used for before and after school childcare programs. Other outside programs, which include athletics, churches, fine arts and public and private meetings, average 250,000 hours per year. There are 155 coaches at the high school level, 650 home athletic events per year involving 165 different athletic teams. This encompasses approximately 4,000 athletes plus cheerleaders and band members. There are 100 coaches at the middle school level, involving 145 different athletic teams. This encompasses approximately 2,500 athletes plus cheerleaders and Pom Pon. There are 6 athletic stadiums, 9 high school gymnasiums, 3 middle school gymnasiums, 9 baseball facilities, 8 softball facilities, and 8 swim facilities. Estimated attendance at athletic events per year not including televised viewership:

Stadiums 75,000 Baseball fields 5,600 Softball fields 4,000 Swimming pools 2,000 Gymnasiums 50,000

The districts stadiums, baseball fields and gymnasiums host post season play for the Oklahoma Secondary Schools Activities Association in football, basketball and baseball. The attendance increase ranges from 15,000 to 30,000 each post season. 1.3 SCOPE OF PROGRAM The Beverage/Snack Vending Program will provide carbonated/non-carbonated products and snack vending for all District locations. Child Nutrition beverages/snacks, including milk and other dairy products, are NOT included in this agreement. Fountain services are provided at the athletic stadiums and/or some indoor athletic concessions. Included herein are Exhibit I, District Location Listing; Exhibit II, Beverage Sales Profile.

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The District envisions that offerors would develop a comprehensive program that would increase product sales, revenue, and convenience. Vending machines, refrigerators, display and point of sale advertising will be supplied by the selected company. Agreed upon signage to be installed by the selected vendor. The locations of vending machines and types of items to be sold from machines will be specifically defined by the District as a result of this RFP process. Schools, athletic departments, student clubs, etc., rely on revenue from vending machines to fund various activities. Programs which provide opportunities to maximize revenue for this purpose are encouraged. Additionally, the District encourages programs which provide financial support or advanced educational opportunity. The vendor will be responsible for ordering products, stocking and merchandising as needed, not to include school/student operated stores. Vendor shall comply with all state and local health and sanitation regulations related to personnel and maintenance of vending machines and comply with District safety requirements. 1.4 SUBMISSION OF PROPOSALS The information provided in this proposal is intended to assist offerors to respond properly to this Request for Proposal (“RFP”). The RFP provides interested proposers with sufficient basic information to submit proposals that meet minimum requirements. However, it is not intended to limit a proposer's content or to exclude any relevant or essential data. Proposers are encouraged to include additional information that will substantiate service capability, product quality, and commitment. The District encourages and anticipates the need for potential joint ventures or partnerships in this solicitation so a wide variety of Beverage Products are made available. Offers proposing joint ventures and partnerships must be submitted with all parties as signators. The RFP contains the instructions governing the proposals to be submitted and the material to be included, mandatory requirements that must be met to be eligible for consideration, and other miscellaneous requirements. 1.5 PERIOD OF CONTRACT PERFORMANCE The contract period is expected to run from July 1, 2020 through June 30, 2025, with the option to renew, on the same terms and conditions, for an additional five year period at the election of the District. 1.6 TIME OF PERFORMANCE The District's fiscal year begins on July 1 and ends on June 30. The school calendar is developed and approved by the Board of Education each year. Generally, students attend school from mid August through May. The District has primarily a nine (9) month school year, extended year schedules, year-round programs, and summer schools. School hours are from approximately 7:00 a.m. through 4:00 p.m. There are many after school and weekend activities at the sites as well. Administrative support offices include the Warehouse, Transportation, Education Service Center, Wilson Professional Development Center, and Ross Support Center that are open year round with office hours generally from 7:00 a.m. to 5:30 p.m. The District intends to allow deliveries between 6:00 a.m. and 5:00 p.m. on school days at school sites and from 7:00 a.m. to 5:00 p.m. at administrative sites. Other delivery times must be coordinated and approved by the school principal/site administrator, or the Contract Administrator. 1.7 AMENDMENTS Statements made by TPS representatives do not modify the terms, conditions and specifications of this RFP. Changes and modifications to any section of the RFP will not be valid unless said changes are confirmed in writing in the form of an addendum and issued by the Director of Materials Management.

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1.8 CONTRACT ADMINISTRATOR This individual shall serve as the monitor of the conditions of the contract and shall work directly with the Contractor on a daily basis in scheduling and coordinating performance of services, answering technical questions in connection with the scope of work, and providing general direction under the resulting contract. The following individual(s) are identified to use all powers under the contract to enforce its faithful performance for Tulsa Public Schools: David Bryant, Buyer.

2.0 GENERAL SPECIFICATIONS

2.1 PRODUCTS

2.1.1 Products shall be the line of Beverage Products, both refrigerated and unrefrigerated. The District desires a wide variety of Beverage Products to be provided by the contractor for sale, including water, juices, tea, colas, etc. The District has a Wellness Policy (see Exhibit Ill) and expects to work closely with the successful offeror to provide choices that support healthy lifestyles. 2.1.2 Some of the Contractor's products, e.g. those with staining properties (red dye soft drinks or those served in glass) may not be allowed under this contract. 2.1.3 The final product line to be sold on District owned property will be the sole decision of the District. The District's acceptance of contractor recommendations shall not be unreasonably withheld. 2.1.4 Contractor will make every effort to keep machines fully stocked and respond to “out of stock” calls in a timely manner. 2.1.5 The District shall not be required to provide personnel for selling beverages. However, if the District desires to sell over-the-counter beverages at events with its own personnel, the Contractor shall be required to provide Beverage Products at a cost not greater than the cost stipulated in 4.2 for sale at District or school related events.

2.2 EXCLUSIVITY

2.2.1 The District will provide the selected vending contractor the exclusive right to supply all carbonated/non-carbonated soft drinks, bottled water, tea, juice, and isotonic products ("Beverage Products"), However, these rights shall not include Food Service Program Rights. Except as noted above, during the term of the Contract, the vending contractor shall fully supply all products in a timely manner to keep all vending machines operating fully and supplied and any other necessary supplies to allow the District and the vending contractor to maximize sales. 2.2.2 The District shall use its best efforts to ensure that the benefits described above are exclusive to the Contractor. However, the exclusive rights shall apply only with respect to District owned and controlled facilities with respect to which the District retains control of space utilization decisions. The exclusive rights shall be subject to any existing conflicting contract rights. The District represents that the only existing conflicting contract rights known to the District's Contract Administrator upon execution of the final Contract, if any, will be listed in an Exhibit to the Contract.

2.3 PRICING Pricing of products shall be mutually agreed upon during the negotiation of the final terms and conditions. Submit an initial pricing proposal (see Section 4.0 - Evaluation Criteria) including the maximum price increase percentage which may be applied each year to the prior years' average price. The District Wellness Council has suggested that there be a pricing incentive (for example, a $.20 differential in the vend price of “healthy” vs. “less healthy” selections) to encourage healthy choices. 2.4 EQUIPMENT

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2.4.1 The Contractor will be required to furnish, as soon as possible based on its submitted plan (see 4.6 evaluation factors), vendor-owned and manufactured vending beverage machines at all agreed upon locations. Unless otherwise agreed to by the District, elementary schools shall have one or more machines, middle schools four or more, and high schools eight or more. Vending machines shall be modern and of the latest technology, have bill change capabilities, be electrically efficient, have unit sales counting capabilities and be aesthetically acceptable to the District. District must protect the integrity of its students. If a vendor logo or signage is used in such a way that the District deems distracting to students, the District has the right to refuse its use in the facility. The District prefers logos to be used in a wholesome manner that depict positive images age appropriate for students pre-K through 12th grades. 2.4.2 All vending machines located in elementary or middle schools, and not in the teachers' lounge(s) or other areas inaccessible to students, will be required to have a clock timer so they may be turned off and on automatically to comply with the National School Lunch Program and State of Oklahoma legislation. Vending machines in areas inaccessible to students, high schools and at administrative sites may be on at all times. 2.4.3 Vending machines shall be quiet and not disruptive to the activities on-going on District property.

2.4.4 The installation and expense of installation of vending machines shall be the Contractor's responsibility. The District shall cooperate with, and support, reasonable requests from the Contractor in this regard. 2.4.5 The District may reject machine signage or logo if deemed objectionable or a distraction to the activities in any District facility or on District property.

2.5 VENDING EQUIPMENT MAINTENANCE The vending contractor shall be responsible for the maintenance and repair of vending equipment and any other equipment it provides for use on District property which is vendor owned during the term of this contract. The Contractor must ensure that each vending machine is not out of service for more than 48 hours from the time of notification by any District employee of a malfunction. The Contractor shall replace machines which are chronically out of service or malfunctioning. The District will not be liable for damage, theft, vandalism, or casualty loss to Contractor owned property. If vandalism occurs, the District will not be liable for lost product, cash, or loss of sales revenue due to interruption of service. 2.6 ELECTRICITY The District shall furnish, at no cost to the Contractor, the necessary electricity for the operation of the vending machines. The District shall take reasonable measures, consistent with the District mission, to avoid power loss and to restore power if, and when, a power outage occurs. 2.7 STORAGE SPACE The District shall not be required to furnish any storage space for Beverage Products owned by the Contractor. The District may provide temporary storage of concession equipment after athletic or other events without charge. 2.8 COMMISSION PAYMENT/PROCEDURE

2.8.1 The contractor shall pay monthly to the District schools a commission based upon Gross Sales during the month, or other sales period, as mutually agreed upon. Unless otherwise expressly provided herein or agreed upon by the parties, payment of commissions and any other amounts due from Contractor to the District hereunder shall be made within 15 calendar days after

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the end of each month. Payments shall only be paid as instructed in writing by the Contract Administrator. The Contractor must pay a minimum of six percent (6%) interest or the 6 month Treasury Bill rate whichever is higher, as a late fee for payments made after the due date. 2.8.2 The Contractor acknowledges that the Contractor is responsible for and is taking all risk with respect to any reduction of Gross Sales due to theft, fire, accident, vandalism, temporary loss of power, weather, acts of God, changes to the District or individual school calendars, temporary or permanent school closures, changes to school or facility construction plans, changes to the athletic or extracurricular program or schedule, changes to school boundaries or District boundaries which do not reduce the number of students in the District by more than ten percent (10%), machine failure (refunds), other acts beyond the District’s control, and actions within the District’s control that are necessary for sound educational reasons (e.g. relocation of vending machines) and that are considered typical for large public school systems. Unless otherwise expressly agreed by the District and Contractor, no reduction in Gross Sales attributable to such factors shall constitute a basis for reducing or renegotiating any payments to the District. 2.8.3 All machines shall have automatic sales counters which can be used for sales verification by the District, or its representatives.

2.9 ACCOUNTING REQUIREMENTS

2.9.1 All Contractor financial records pertaining to this contract shall be made available for audit during normal working hours by the District or its designated auditor. 2.9.2 The Contractor shall provide and maintain a petty cash fund of at least $10 at each District owned facility for the purpose of making prompt refunds of money lost in the Contractor’s machines. The Contractor shall replenish these funds on a timely basis as defined in the final contract. The District shall make available one of its personnel from time to time to administer such petty cash fund as needed, but the Contractor shall have all other responsibility with respect to such funds. 2.9.3 The District must approve the Contractor’s report format for the purpose of tabulating and monitoring sales receipts and making commission payments. Reports shall be submitted to the Contract Administrator upon request and shall include detailed sales reports by product and machine location, as well as periodic reconciliation of the sales dollars from each location with the gross expected sales dollars based on product sold. The report must separate sales and commission payments by site. The Contractor shall maintain complete and accurate records of vending transactions for each machine in accordance with the accepted industry standards, and will keep such financial records for a period of three years after the close of each year’s operation.

2.10 LICENSES AND TAXES

2.10.1 All state, county, and city license fees shall be paid by the Contractor. The District shall be promptly reimbursed for any penalties or necessary and reasonable expenses due to the Contractor’s failure to obtain any necessary licenses. 2.10.2 The Contractor shall promptly pay all sales and excise taxes resulting from sales through the Contractor’s vending machines. The District shall be promptly reimbursed by the Contractor for any penalties or costs resulting from the Contractor’s failure to promptly pay such taxes. 2.10.3 The Contractor shall comply with all Federal, State, local and District regulations governing the preparation, handling and serving of beverages, and shall procure and keep in effect all necessary licenses and permits required by law and agrees to post such permits in a prominent place as may be required by law.

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2.11 SERVICE PERSONNEL Contractor’s personnel shall, at all times, be dressed in service uniforms and shall observe all District policy and regulations in effect. Contractor shall be responsible for furnishing its service personnel the proper company uniforms. 2.12 LOCATION OF VENDING MACHINES The District shall not be required to relocate any electrical outlets in order to provide electrical power to vending machines at desired locations. The Contractor shall make recommendations for the purpose of determining electrical outlet and vending machine locations within new or significantly reconfigured schools or facilities. However, final decisions regarding the location of electrical outlets and vending machines shall be solely determined by the District. Vending machines may be relocated by the District at any time by request to Contractor. All physical moves must be handled by Contractor. 2.13 SALES ENHANCEMENT

The Contractor shall meet quarterly, or at other times as mutually agreed upon, with the Contract Administrator, or his/her designee, and key District personnel to plan and coordinate the services provided under the Contract to enhance District sales in an educationally sound manner. 2.14 VENDOR RIGHTS

A. Purchasing Exclusivity: To the extent the District determines that it has a need for the products and/or services of the category sponsored, the District will utilize the Company product exclusively. The caveats of this purchasing exclusivity include the following:

Company must have the ability to meet District demand.

Products must meet quality standards.

Products must be offered on a most preferred rate for the quality of products and services desired.

Such rate must be subject to verification.

Limited spot purchases may be made from resellers.

B. Subject to the reasonable advance approval of the District, Contractor shall have the right to distribute promotional items for Beverage Products at no cost to the District, including but not limited to items such as pencils, calendars, book covers, mouse pads, classroom supplies, classroom materials, rulers and planners.

C. Renewal rights.

3.0 PROPOSAL CONTENT/FORMAT

3.1 REQUIRED PROPOSAL ELEMENTS

3.1.1 General Requirements - In order to be responsive to this RFP, the Offeror must design their proposals around the evaluation criteria set forth in Section 4.0 and the specifications set forth in Section 2.0. The offeror is invited to present creative proposals meeting basic requirements that will also enhance revenue for both parties. 3.1.2 Elements of Proposal - In addition to any other requirements set forth in this RFP, the proposal may include, without limitation, separate offers relating to exclusive Beverage Athletic Activity Rights and/or exclusive Beverage Advertising Rights.

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3.2 RESPONSE FORMAT The proposal should follow the following format instructions:

3.2.1 Proposal Order and Identification - Arrange the proposal with an Executive Summary (maximum 2 pages) followed by individual tabbed sections addressing the criteria shown in Sections 4.1 through 4.9, and lastly Section 3.4. Identify the proposal item by the alpha-numeric paragraph representation, e.g., 4.2 Commissions. 3.2.2 Completeness - Address the item as completely as possible. The description may be in narrative or outline format. Be as concise as you can while discussing the items fully. 3.2.3 References - You may attach and reference any supporting documents that help describe or contribute to your proposal. 3.2.4 Package format - Assemble your completed proposal into a package that can be readily reviewed (an index is desirable). Submit a clearly marked original and four (4) copies.

3.3 COMMISSION Offerors/proposers should provide their best commission levels with the initial proposal since the District may award a contract based on initial proposals without any further discussion or negotiation (see Section 4.0). 3.4 PROVISIONS REGARDING SECURITY FOR PAYMENT It is important to the District with respect to this Contract that a significant portion of the Contractor's payments to the District be secured against financial failure of the Contractor. Responses shall include the Contractor's proposal for accomplishing this security, which may include any or all of the following: (1) Letter of credit from a financial institution; (2) Surety bond; (3) Guarantee of a Fortune 500 corporation; (4) Security agreement covering readily marketable assets; and/or (5) Insurance against nonpayment.

4.0 EVALUATION CRITERIA/AWARD

4.1 ANNUAL ADVANCE PAYMENT An advance of a mutually agreed upon percentage of the total anticipated earned annual commissions shall be made in a single installment on or about August 1st of each year to the District Treasurer. 4.2 COMMISSIONS AND PRODUCT PRICING

The evaluation team will consider the commission rate an offeror will offer the District sites, and the proposed initial price to be paid by the consumer for each product proposed for sale. The offeror shall also identify the maximum price increase percentage which may be applied to the prior year average price. The Offeror must provide its proposed beverage prices and the percent commission offered for each product to be sold. The evaluation team will consider the variety of products shown in this section (see 2.3). The offeror’s product line should include unrefrigerated cases of Beverage Products for sale directly to the District and/or the District’s employees at mutually agreed upon locations. 4.3 OTHER ANNUAL PAYMENTS The evaluation team will consider the guaranteed annual amount of any additional payments by the Offeror for a variety of purposes to support the mission of the District. The items shown are representative, not required specifically nor all inclusive. These payment amounts are in addition to other amounts, and at the discretion of the District shall be paid directly to the District or directly to others on behalf of the District, or as otherwise directed by the District.

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All-District Activities (leadership meetings, Back-To-School assembly) Staff awards/incentives College scholarships for graduating students

4.4 VENDING MACHINES The evaluation team will consider the minimum number, the type, and specifications of equipment including annual electrical power consumption for each type and the quality of vending machines that the Offeror is willing to provide at each site. In addition, consideration will be given to the earliest date that all machines will be installed, fully to specs, in existing equipment locations, i.e. duration of conversion period. 4.5 REPORTS The offeror shall provide a sample monthly report for this type of agreement (see Section 2.9.3). 4.6 OTHER EVALUATION FACTORS

4.6.1 The offeror shall identify the means by which the District may contact, or make notifications to the Contractor 24 hours per day, 7 days per week. 4.6.2 The offeror shall identify the current number of full and part-time employees in Tulsa County currently, and shall separately show the increase in the number of full and part-time employees the Contractor will hire as a result of being awarded this Contract. 4.6.3 The offeror shall describe the level of service relating to how often the machines are filled, maximum down time due to empty conditions, etc.

4.7 GUARANTEED MAXIMUM REPAIR TIME The evaluation team will consider the offeror’s guaranteed maximum number of hours to complete repairs, or if necessary, to replace vending machines which are out of service, in whole or in part, following notification by any District employee. The maximum shall not exceed 48 hours. 4.8 MARKETING The evaluation team will consider the offeror’s plan to enter the District market, retain, enhance and maintain vending sales in an educationally sound manner. The plan shall be separated into at least two sections: First year entry plan; and subsequent year marketing plan. The plan should include a schedule for placement of vending machines and submission of advertising proposals (signage, etc.) during the first year. 4.9 OTHER The offeror may include anything that it feels may contribute to their proposal being considered the best. This section may include, but is not limited to, distribution of promotional items, provision of in-kind product and banners for site events, proposal for improving concession sales, award programs for student and/or school achievement/attendance or other proposals which enhance District revenue or other forms of support to or for the schools, student programs, or the District Strategic Plan. 4.10 AWARD

4.10.1 All proposals submitted in response to this RFP will be reviewed for responsiveness prior to referral to the selection committee. All responsive proposals will then be evaluated by a committee of District personnel.

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4.10.2 Offerors who submit a proposal in response to this RFP may be invited to give an oral presentation of their proposal to TPS. This provides an opportunity for the Offeror to clarify or elaborate on the proposal. This is a fact finding and explanation session only and does not include negotiation. The Contract Administrator will schedule the time and location of these presentations. Oral presentations are strictly an option of TPS and may or may not be conducted. 4.10.3 The contract will be awarded to the offeror(s) whose proposal, conforming to the RFP, will best meet the needs of the District. The Beverage program will be awarded to only one contractor. 4.10.4 The evaluation committee will judge the merit of proposals received in accordance with general criteria defined herein. The committee will make a recommendation to the District Superintendent who will endorse or modify and submit it to the Board of Education for approval and award.

5.0 TERMS AND CONDITIONS

5.1 SCOPE OF WORK - The District desires to contract over a five (5) year period, the right of renewal for an additional 5 year term, for exclusive vending of beverages. 5.2 DEFINITIONS

5.2.1 Auditors - District staff, its auditors or its designated contract auditor(s). 5.2.2 The "Board" - The Board of Education of the District. 5.2.3 Child Nutrition Beverage – Any beverage product purchased from Child Nutrition Funds and offered for sale in cafeteria serving areas. 5.2.4 Contract - The complete agreement between both parties. Agreement and Contract are used interchangeably throughout this document. These two terms shall mean the Contract. 5.2.5 Contract Administrator - The individual(s) designated by the District to enter into agreements and contracts, including modifications, and to provide contract oversight. 5.2.6 Contractor - The term Contractor shall be construed to mean the Party, or offeror, contracting with the District to provide Services under any contract entered into as a result of the RFP. 5.2.7 Contractor's Authorized Representative - Contractor's representative as defined in Section 5.3.13B. 5.2.8 District - Independent School District No. 1 of Tulsa County. 5.2.9 Exclusive Beverage Vending Services - The rights and services provided by the Contractor with respect to Beverage Product vending services pursuant to section 2.14, Vendor Rights of the RFP.

5.2.10 Fiscal Year - The District's fiscal year from July 1 to June 30. 5.2.11 Gross Sales - The total gross sales revenues generated with respect to sales of products pursuant to this Contract, less applicable local and State of Oklahoma sales tax and less amounts actually refunded with respect to such gross sales revenues subject to the limits described below. For this purpose, the refunds at any one school location during a calendar year shall not exceed 1/2 of 1% of the gross sales revenues at that location during the calendar year. If the Contractor receives insurance proceeds, restitution, reimbursement, damages, or any other payment to compensate Contractor for revenues lost with respect to this Contract, such payment shall also be included in Gross Sales for purposes of this Contract.

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5.2.12 Location – The physical placement of equipment within the District excluding Child Nutrition cafeteria and snack bar immediate serving areas (See Section 2.12). 5.2.13 Offer/Proposal - The offer or proposal submitted by an Offeror in response to the RFP, as such offer or proposal may be amended during negotiations and prior to contract signing. 5.2.14 Offeror - The entity, whether a corporation, joint venture or other entity or person, that is submitting a proposal in response to the RFP. 5.2.15 RFP - The District's Request for Proposal. 5.2.16 Beverage Products - All carbonated and non-carbonated soft drinks, bottled water, ready to drink tea, juice, sparkling or non-sparkling drinks, sport drinks, and isotonic products.

5.3 CLAUSES

5.3.1 Terms of Agreement

A. It is planned that this Contract will be effective with an initial term commencing July 1, 2020, and continuing until June 30, 2025, unless determined differently in the development of the final contract agreement, or earlier terminated as provided herein. B. This contract may be terminated at any time as a result of any material breach in the terms of this Contract, if adequate notice has been given of such breach and the breach has not been cured after a reasonable period of time (usually 10 calendar days) but not exceeding 30 calendar days. In addition, this Contract may be terminated by the District in accordance with Sections 5.3.8 and 5.3.11 below.

5.3.2 Modifications - This contract may be modified through the issuance of a bilateral modification signed first by the Contractor and then may be accepted by the Contract Administrator subject to applicable District policy and regulations. 5.3.3 Laws, Permits, Taxes and Regulations

A. Contractor shall provide all necessary licenses, permits and privileges required for the proper performance of this Contract and shall perform the Contract in accordance with laws, ordinances, codes, etc., in force in the city and state where the work takes place. Contractor shall be responsible for all applicable taxes, including payroll taxes, and miscellaneous overhead expenses. (Also see Section 2.10). B. Nothing in this Contract shall limit the District's rights or obligations to comply with all applicable federal, state, and local laws, administrative rules, and regulations, including but not limited to Titles VI and VII of the Federal Civil Rights Act of 1964, as amended. C. The Contractor shall comply with all federal, state, and local laws and regulations in the performance of this contract. D. The Contractor, in its performance of this contract, shall comply with all of the Board's regulations, rules, and policies in effect at the time of contract execution or as they become effective during the term of the contract.

5.3.4 Reports and Records - The Contractor agrees to maintain all reports and records relating to this Contract for a period of five (5) years after the end of each fiscal year. 5.3.5 Hold Harmless - The Contractor agrees to defend, indemnify, and hold the District harmless from and against any and all liabilities, costs (including without limitation attorneys fees), damages,

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or losses (collectively the "Damages") that the District may sustain arising out of any and all claims, demands, costs, or judgments relating to this Contract, a breach of the Contract by Contractor, or the services provided by the Contractor under this Contract, except for those Damages that are legally caused by the negligence of the District or its employee(s). The term "Damages" includes, without limitation, those sustained by the District under its self-insurance policies and those caused by a third person, an Act of God, collision, vandalism, fire, or theft. 5.3.6 Contract Relationship - The relationship between the Contractor and the District is a contractual relationship. It is not intended in any way to create a legal agency or employment relationship. The Contractor shall, at all times, maintain its status as an independent contractor and both parties acknowledge that neither is an agent, partner or employee of the other for any purpose. The Contractor shall be responsible for causing all required workers' compensation and unemployment insurance to be provided for all of its employees and subcontractors. 5.3.7 Order of Precedence

A. The final contract documents will include the following: Section I Contract Agreement Section II Minimum Specifications Section III Final Accepted Offer Section IV Attachments and Other Documents Section V Terms and Conditions B. Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order: (1) Terms and Conditions Section V, (2) Contract Agreement Section I, (3) The accepted Proposal Section III, (4) Specifications Section II, and (5) Other documents, exhibits and attachments Section IV.

5.3.8 Default

A. If the contractor refuses or fails to perform the Contract or any separable part (a default), the District may, by written notice to the Contractor, terminate the Contract (or the separable part of the Contract) in accordance with Section 5.3.1. In addition to any right to terminate, the District may enforce any remedy available at law or in equity in connection with such default, and the Contractor shall be liable for any damages to the District resulting from the Contractor’s default. B. The Contractor shall not be considered to be in default if its default is: (I) attributable solely to the actions of the District, (ii) attributable to the matters beyond the control of the Contractor as described in paragraph C. below, or (iii) excusable as determined in the sole discretion of the District. C. Notwithstanding the foregoing, a default shall be considered to be beyond the control of the Contractor in the event of any default due to acts of God, national emergencies, acts of a public enemy, governmental restrictions, laws or regulations, to the extent that such acts create an impossibility to perform by the Contractor, and further provided that Contractor takes such actions as can practically be taken to mitigate the effect of such default.

5.3.9 Assignment

A. This contract may not be assigned or delegated by Contractor without the written consent of the District. B. The District’s right to receive present and/or future payments under this Contract, and any enforcement rights in connection therewith, may be assigned by the District in whole or in part. The Contractor hereby agrees in advance that it shall have no right to

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setoff any other claim against its obligation to make payments under this Agreement, and instead must make payments to the assignee and seek redress from such claims against the District. C. However, the district may not assign its general rights to receive the services provided in the Contract except as expressly provided herein or with the consent of the Contractor.

5.3.10 Non-Discrimination Clause - The Contractor shall not discriminate against anyone on the basis of race, creed, color, sex, national origin, age, marital status, political affiliation or disability.

5.3.11 Disputes

A. The parties agree to cooperate in good faith in all actions relating to this Contract. If, for any reason, a dispute should arise in connection with this Contract, the parties agree to first use their best efforts to resolve such dispute in a fair and equitable manner, and without the need for expensive and time consuming litigation, by entering into good faith dispute resolution. Best efforts may include discussions, negotiation, and/or submitting such dispute to mediation. If a dispute cannot be resolved, the Contract Administrator will make a final decision on behalf of the District. As a condition to pursuing litigation with respect to any dispute, the parties shall first be required to submit the dispute to mediation on terms and conditions determined in good faith by the parties. The costs of such mediator shall be shared equally by the parties. B. All outstanding disputes arising individually or collectively during the course of the Contract shall be consolidated and submitted jointly in one action.

5.3.12 Labor, Workmanship, And School Security

A. All work required by this Contract shall be performed in a skillful and workmanlike manner. B. The Contract Administrator may require that the Contractor immediately remove from any District site any employee whom the Contract Administrator or on-site school personnel deem to be incompetent, careless, or otherwise objectionable. C. The Contractor shall not utilize, in the performance of the Contract, any laborer or employee who has been convicted of a violent crime or a crime of such nature (such as child related offenses) as to categorize the person as being unsuitable for working around school children, or has engaged in such conduct, in the last five years, as to be similarly categorized. Suitability shall be determined by performance of security/background checks (as are necessary in light of the potential of contact with the District’s students, staff, property, or sensitive records maintained at District sites) by the Contractor on all employees or sub-contractors utilized in the performance of the work. When there is reasonable doubt regarding a particular person’s suitability, the Contractor may make a request through the District’s Contract Administrator for an approval/opinion prior to the individual beginning work. The Contractor shall submit to the District copies of all security/background checks performed within twenty four (24) hours of a request by the District for such information. The District may request copies of these security/background checks up to one (1) year after completion of the specific project. Failure to complete or submit any required security/background check requested by the District may, at the election of the District, result in immediate removal of the worker by the District without further redress against the District, or any other available legal or contractual rights or remedies. D. The Contractor, including without limitation its laborers and employees, shall not fraternize or otherwise communicate with students except in cases of safety and like necessities.

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E. The Contractor shall not allow any laborer or employee to wear objectionable clothing or caps with other than company logo, objectionable clothing will be determine by the District’s on-site personnel, or use profanity in any manner while on District property. F. The Contractor shall ensure that its laborers and employees fully comply with all District policies/regulations pertaining to restrictions that may affect anyone on District owned property. Examples of these current policies/regulations include:

1. Each person representing a group of workers must report in at the school’s main office upon arrival at the work site. 2. Each person shall maintain professional workmanlike attire. 3. No person shall use tobacco, or possess alcohol or any illegal or dangerous substance, firearms or deadly weapons on District property. 4. No person shall possess any “weapon” of any kind as defined in District policy, including without limitation, a pocket knife that is not directly used as a tool for work in progress.

G. Removal of a specific person from District property as a result of any condition mentioned above will not relieve the Contractor form obligations for timely performance of the work and will not relieve the Contractor from obligations for timely performance of the work and will not be considered grounds for a request for additional funds.

5.3.13 Authorized Representatives

A. The Contract Administrator has the final District authority regarding the Contract and may delegate certain administrative responsibilities (not including final decisions reserved to the Contract Administrator). B. The Contractor shall appoint one of its key personnel as a representative (the “Contractor’s Authorized Representative”) who shall have the power and authority to interface with the District and represent the Contractor in all administrative matters concerning this Contract, including without limitation such administrative matters as correction of problems and reduction of costs. The Authorized Representative shall be the person identified in the Contractor’s Proposal, unless the Contractor provides written notice to the District naming another person to serve as its Authorized Representative.

5.3.14 Insurance

A. The Contractor shall maintain the following minimum insurance coverage during the term of this contract and during its performance under this Agreement.

1. Worker’s compensation insurance / employers’ liability insurance for all of its employees, subcontractors, outside associates, and consultants, in accordance with applicable Oklahoma law. In this regard, the Contractor shall maintain employers’ liability coverage limits of at least $1,000,000 per accident, $1,000,000 disease per employee, and $1,000,000 accident/disease policy limit, or such other limits as provided by Oklahoma law, whichever is greater. If reasonable requested by the District, the Contractor shall promptly provide the District with written evidence of such workers’ compensation coverage. 2. Commercial general liability insurance covering bodily injury and property damage with coverage limits of at least $1,000,000 per occurrence and $2,000,000 in the aggregate.

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3. Comprehensive vehicle and equipment liability insurance for all vehicles and mobile power equipment used by the Contractor, with coverage limits of at least $1,000,000 per person, $1,000,000 per accident, and $1,000,000 property damage. 4. Product liability insurance for all types of products distributed by the Contractor pursuant to this Contract to be included in the commercial general liability insurance referenced in number 2 above. 5. Business interruption insurance covering lost profits attributable to standard insured risks, in amounts not less than and coverage similar to the standard business interruption insurance for Contractor’s business.

B. The Contractor shall submit Certificates of Insurance to the District promptly upon commencement of the Contract. The Certificates of Insurance must be Contract-specific and must show coverage as provided in this Contract from the start of the Contract through the final completion of the Contract. If any policy is to expire prior to the final completion of the Contract, the Contractor shall provide the District with evidence of renewal in the form of a new Certificate of Insurance prior to thirty (30) days from the expiration of such policy. C. All of the Contractor’s insurance policies, with the exception of the workers’ compensation / employers’ liability policy and business interruption insurance referenced in numbers 1 and 5 above, shall name the District as an additional insured and shall be written by a surety who is legally authorized to write such insurance in the State of Oklahoma and who is rated in the “A”, or higher, category in the Best’s Insurance Guide (latest edition). The terms of coverage shall require written notice of cancellation to be given to the District thirty (30) days prior to cancellation.

5.3.15 Schedule of Performance - The Contractor may be required by the District at any time to provide a schedule of the routes and supplies, deliveries, and installations upon award which shall show the order in which the Contractor proposes to perform the installations and daily or weekly deliveries. 5.3.16 Accuracy of Billings - The Contractor shall certify that its payments of commissions are accurate and correct on each and every payment. If an audit reveals any discrepancies, such as under payment, the Contractor will be required to reimburse the District for the discrepancy with treasury rate interest. The interest rate shall be the average of the six (6) month treasury bill rate for the six month semiannual calendar period immediately preceding the audit. 5.3.17 Enforceability - In the event that any portion of this Contract shall be void, voidable or unenforceable, the remaining portion hereof shall remain in full force and effect, and an enforceable provision shall be substituted for such unenforceable provision which most nearly reflects the intent of the parties as described herein. 5.3.18 Applicable Law - This contract shall be continued in accordance with and governed by the laws of the State of Oklahoma. 5.3.19 Venue and Jurisdiction - Exclusive venue and jurisdiction over any dispute relating in any way to the Contract shall be in the State or Federal District Court, Tulsa County, State of Oklahoma. 5.3.20 Attorney’s Fees and Costs - In any dispute relating to this Contract, the prevailing party, as determined by the Court, shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party. The prevailing party shall recover attorney’s fees and costs only for work performed in relation to the successful claim(s) or defense(s). It shall be the burden of the prevailing party to identify and segregate such attorney’s fees and costs. Only those attorneys’ fees and cost, which are adequately identified and segregated, shall be recoverable.

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SECTION 6.0 GENERAL TERMS AND CONDITIONS

6.1 DOWNLOADED RFP’S: An Internet link will be provided to Respondents who have provided e-mail addresses to the Purchasing Department staff responsible for the specific solicitation. This RFP, accompanying exhibits/attachments, and any addenda are available for download from the web at https://www.tulsaschools.org/connect-with-us/partner-with-us/purchase-bids. Respondents are responsible for checking the web site for clarifications and/or addenda. Failure to obtain clarifications and/or addenda from the web site shall not relieve such Respondents from considering addenda, if any, in preparing responses. Note that there may be multiple clarifications and/or addenda. Any harm to a respondent resulting from such failure shall not be grounds for a protest against award(s) made under this RFP. 6.2 APPLICABLE LAWS AND COURTS: This solicitation and any resulting contract shall be governed in all respects by the laws of the State of Oklahoma. The contractor shall comply with applicable federal, state and local laws and regulations. 6.3 RIGHT TO REJECT: TPS reserves the right to reject any or all proposals. In addition, offerors should recognize the right of TPS to reject a proposal if they fail to submit the data required in the RFP, or if the proposal is in any way incomplete. 6.4 ETHICS IN PUBLIC CONTRACTING: By submitting their proposals, offerors certify that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer or subcontractor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised unless consideration of substantially equal or greater value was exchanged. 6.5 MANDATORY USE OF FORM AND MODIFICATION OF TERMS AND CONDITIONS: Failure to submit a proposal on the official form provided for that purpose may be cause for rejection. Return of the complete document is required. Modification of or additions to the General Terms and Conditions of this solicitation may be cause for rejection; however, the Director of Materials Management reserves the right to decide, on a case basis, in his/her sole discretion, whether to reject such a proposal. 6.6 CONTRACT PROVISIONS BY REFERENCE: It is mutually agreed by and between TPS and the offeror that the District’s acceptance of the offeror’s proposal by the issuance of a purchase order shall create a contract between the parties thereto containing all specifications, terms and conditions in the solicitation except as may be amended in the purchase order. Any exceptions taken by the offeror not included in the resulting contract will not be a part of the contract. Therefore, in the event of a conflict between the terms and conditions of this solicitation and information submitted by an offeror, the terms and conditions of the solicitation and resulting purchase order/contract will govern. 6.7 CHANGES: Statements made by TPS representatives do not modify the terms, conditions and specifications of this RFP. Changes and modifications to any section of the RFP will not be valid unless said changes are confirmed in writing in the form of an addendum and issued by the Director of Materials Management. Changes may be made to the contract if the parties agree in writing to modify the scope of the contract. Any increase or decrease in the price of the contract resulting from such modification shall be agreed to by the parties as a part of their written agreement to modify the scope of the contract. 6.8 ERRORS OR OMISSIONS: Offeror shall not be allowed to take advantage of any errors or omissions in the specifications. Where errors or omissions occur in the specifications, the vendor shall promptly notify the contact person listed. Inconsistencies in the specifications are to be reported before proposals are submitted. 6.9 TAX EXEMPTION: TPS is exempt from the payment of sales/use taxes. The price submitted must be net, exclusive of sales/use taxes. When under established trade practice, any federal excise tax is included in the list price; offeror may quote the list price and shall show separately the amount of federal excise tax, either as a flat sum or as a percentage of the list price, which shall be deducted by TPS.

https://www.tulsaschools.org/connect-with-us/partner-with-us/purchase-bids

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6.10 TESTING AND INSPECTION: TPS reserves the right to conduct any test or inspection it may deem advisable to assure supplies and services conform to the specification. 6.11 PROPRIETARY INDEMNITY: Offeror warrants that all products and services used by or furnished do not infringe upon or violate any patent, copyright, trade secret, trademark, or any other proprietary right of any third party. In the event of claim by any third party against TPS, TPS shall promptly notify vendor and vendor shall defend and indemnify TPS against any loss, cost, expense, claim, or liability arising out of such claim, whether or not such claim is successful. 6.12 PATENT AND COPYRIGHT MATERIALS: Unless otherwise expressly provided in a contract, offeror shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this contract. 6.13 QUALIFICATIONS OF OFFERORS: TPS may make such reasonable investigations as deemed proper and necessary to determine the ability of the offeror to perform the work/furnish the item(s) and the offeror shall furnish to TPS all such information and data for this purpose as may be requested. TPS further reserves the right to reject any proposal if the evidence submitted by, or investigations of, such offeror fails to satisfy TPS that such offeror is properly qualified to carry out the obligations of the contract and to complete the work/furnish the item(s) contemplated therein. 6.14 LATE PROPOSALS: Proposals must be received by the TPS Purchasing Office by the designated date and hour to be considered for selection. Proposals received in the Purchasing Department after the date and hour designated are automatically disqualified and will not be considered. TPS is not responsible for delays in the delivery of mail by the U.S. Postal Service, private couriers, or any other means of delivery. It is the sole responsibility of the offeror to ensure that its proposal reaches the Purchasing Department by the designated date and hour. 6.15 OBLIGATION OF OFFEROR: By submitting a proposal, the offeror covenants and agrees that they are satisfied, from their own investigation of the conditions to be met, that they fully understand their obligation and that they will not make any claim for, or have right to cancellation or relief from the contract because of any misunderstanding or lack of information. 6.16 PROPOSAL ACCEPTANCE PERIOD: The proposal shall be binding upon the offeror for a minimum of ninety (90) calendar days following the proposal receipt and opening date. 6.17 COSTS OF RESPONSE TO RFP: TPS will not be liable for any costs associated with the preparation of materials for offeror’s submission. 6.18 METHOD OF PAYMENT: Standard payment terms are Net 30 days from the receipt of invoice. Payment will be made after satisfactory performance of the contract in accordance with all of the provisions thereof and upon receipt of a properly itemized invoice. TPS may, at their sole option, elect to make payment by use of a Purchasing/Bank/Charge card. No additional charges, fees, or price increases may be assessed by the vendor for the use of Procurement/Charge/Bank cards during the life of any award resulting from this RFP, and any applicable extensions. The Board of Education reserves the right to withhold any or all payments or portions thereof for contractor’s failure to perform in accordance with the provisions of the contract or any modifications thereto. 6.19 AUDIT: Contractor hereby agrees to retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by TPS, whichever is sooner. TPS, its authorized agents, and/or auditors reserve the right to perform or have performed an audit of contractor’s records and therefore shall have full access to and the right to examine any of said materials within a reasonable period of time during said period. 6.20 OPEN RECORDS: The offeror’s proposal/bid and all accompanying data, materials and documentation are public records and are subject to inspection and reproduction in accordance with the Oklahoma Open Records Act. 6.21 COMPLIANCE WITH PROCEDURES: Contractor shall comply with all procedural instructions that may be issued from time to time by TPS; however, the terms and conditions of the contract will not change. 6.22 EXTRA CHARGES NOT ALLOWED: Proposed pricing shall be for the complete product/service.

6.23 ASSIGNMENT OF CONTRACT: A contract shall not be assigned or subcontracted by the offeror in part or whole without the written consent of TPS.

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6.24 TERMINATION: Failure to comply with the terms and conditions of this solicitation or to deliver materials, supplies or services identified in the solicitation and contract at the discounts quoted will void the contract award. In case of failure to deliver goods or provide services in accordance with the contract terms and conditions, TPS, after due oral or written notice, may procure them from other sources and hold the contractor responsible for any resulting additional purchase and administrative costs. TPS reserves the right to cancel and terminate any resulting contract; in part or whole should the Director of Materials Management determine that such a termination is in the best interest of TPS. Any such termination shall be effected by delivery to the contractor, at least thirty (30) working days prior to the termination date, a Notice of Termination specifying the extent to which performance shall be terminated and date upon which such termination becomes effective. After receipt of a notice of termination, the contractor must stop all work or deliveries under the purchase order/contract on the date and to the extent specified; however, any contract termination notice shall not relieve the contractor of the obligation to deliver and/or perform on all outstanding orders issued prior to the effective date of termination. No amount shall be allowed for anticipated profit on unperformed services. 6.25 STANDARDS OF PERFORMANCE: Offeror shall devote, and shall cause all of its staff and any subcontractors to devote, such of their time, attention, best skill and judgment, knowledge and professional ability as is necessary to perform all Services effectively, efficiently and consistent with the best interests of the District and to the satisfaction of the District. Offeror shall retain and utilize sufficient staff to assure the most effective and efficient performance of services. Offeror shall use efficient business administration methods and perform the Services in the best way and in the most expeditious and economical manner consistent with the best interests of the District, so as to assure, among other things, that the Services are performed at a reasonable cost to the District and that Services performed by other entities or persons in connection with the Contract are efficiently and cost-effectively delivered. Offeror acknowledges and accepts a relationship of trust and confidence with the District and agrees to cooperate with the District, and all other persons or entities which may be retained by the District, in performing Services to further the best interests of the District.

6.26 FAVORED NATION: Offeror shall furnish Services to the District at the lowest price that Offeror charges to other similarly situated parties. If Offeror overcharges, in addition to all other remedies, the District is entitled to a refund in the amount of the overcharge, plus interest at the rate of 1% per month from the date the overcharge was paid by the District until the date refund is made. The District has the right to offset any overcharge against any amounts due to Offeror under this or any other agreement between Offeror and the District, and, at the District's sole option, the right to declare Offeror in default under the Contract.

6.27 CONFIDENTIAL INFORMATION. In performance of Services to the District, offeror may have access to or receive certain information that is not generally known to others (“Confidential Information”). Offeror agrees not to use or disclose any Confidential Information or any records, reports, or documents prepared or generated as a result of the Contract without the prior written consent of the District.

6.28 DISSEMINATION OF INFORMATION. Offeror agrees not to use or disclose any Confidential Information or any records, reports or documents prepared or generated as a result of this Agreement (“Work Product”) without the prior written consent of the District. Offeror shall not issue publicity news releases or grant press interviews, except as may be required by law, during or after the performance of the Services, nor shall offeror disseminate any information regarding Services without the prior written consent of the District. In the event that offeror is presented with a request for documents by any administrative agency or with a subpoena duces tucem regarding any records, data, or Work Product which may be in offeror’s possession as a result of Services under this Contract, offeror shall immediately give notice to the District and its General Counsel with the understanding that the District shall have the opportunity to contest such process by any means available to it prior to submission of any documents to a court or other third party. Offeror will not be obligated to withhold delivery of documents beyond the time ordered by a court of law or administrative agency, unless the request for production or subpoena is quashed or withdrawn, or the time to produce is otherwise extended. Offeror agrees to cause its personnel, staff and/or subcontractors, if any, to undertake the same obligations of confidentiality agreed to by offeror under this Contract.

6.29 OWNERSHIP. All intellectual property, Work Product, and any and all other records, reports, documents, and materials prepared or generated as a result of this Contract, shall at all times be and remain the property of the District. All of the foregoing items shall be delivered to the District upon demand at any time and in any event, shall be promptly delivered to the District upon expiration or termination of the Contract. In the event any of the above items are lost or damaged while in offeror’s possession, such items shall be restored or replaced at offeror’s expense.

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6.30 RESERVATION OF RIGHTS: Contract Administrator or designee may require the removal from contract work of any employee of the contractor who is incompetent, careless or insubordinate; who appears to be alcohol or drug impaired or otherwise objectionable; whose continued employment is contrary to a consistent good relationship between the parties to this contract; or who poses a safety risk. 6.31 INSURANCE REQUIREMENTS: By signing and submitting a proposal under this solicitation, offeror agrees to carry workers' compensation insurance with limits for the employers' liability part of the workers' compensation policy not less than $500,000 per category, at its own expense. Offeror agrees to carry Commercial General Liability insurance with limits not less than $1,000,000 combined single limits for bodily injury and property damage. Offeror further agrees to carry Commercial Automobile insurance with limits not less than $1,000,000 combined single limits for bodily injury and property damage. Offeror agrees to provide District with a certificate of insurance as evidence of the above lines of insurance carried by offeror which shall include a ten (10) day notice, in writing, to the District in the event of cancellation of such insurance for any reason. This certificate of insurance should also name District as "additional insured" with regard to the Commercial General Liability and Commercial Auto policies, with respect to work performed by offeror on behalf of District. In addition to such insurance, and not in lieu thereof, Offeror agrees to indemnify and hold District and its agents, employees and officers harmless (including defense costs) against any claim, demand or action arising from or growing out of offeror’s performance of its services hereunder. All insurance coverage will be provided by insurance companies authorized to sell insurance in Oklahoma. 6.32 NON-DISCRIMINATION: Contractors or suppliers are obligated not to discriminate against any employee or applicant for employment because of race, religion, color, national origin, sex, sexual orientation, disability, genetic information, veteran status, marital status, or age. This obligation shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractors or suppliers are obligated to comply with all requirements of the Americans with Disabilities Act.

6.33 The District has the right to use any or all ideas presented in reply to this RFP, subject to limitations regarding proprietary/confidential data of offeror.

6.34 PUBLICITY: News releases pertaining to this RFP or the proposal contract will be made only by the District.

Tulsa Public Schools does not discriminate on the basis of race, religion, color, national origin, sex, sexual orientation, disability, genetic information, veteran status, marital status or age in its employment, programs and activities.

Exhibit I DISTRICT LOCATION LISTING

TPS Elementary School Sites Street Address

ACADEMY CENTRAL 1789 W. Seminole Street , Tulsa, OK 74127

ANDERSON 1921 E. 29th Street North, Tulsa, OK 74110

BELL 6304 E. Admiral Boulevard, Tulsa, OK 74115

BURROUGHS 1924 N. MLK Boulevard, Tulsa, OK 74106

CARNEGIE 4309 E. 56th Street, Tulsa, OK 74135

CELIA CLINTON 1740 N. Harvard Avenue, Tulsa, OK 74115

WAYMAN TISDALE FINE ARTS ACAD. 4132 W. Cameron Street, Tulsa, OK 74127

CLINTON WEST 2224 W. 41ST Street, Tulsa, OK 74107

DOLORES HUERTA 10620 E. 27th Street, Tulsa, OK 74129

COOPER 1808 S. 123rd East Avenue, Tulsa, OK 74128

DISNEY 11702 E. 25th Street, Tulsa, OK 74129

DUAL LANGUAGE ACADEMY 2703 N. Yorktown Pl., Tulsa, OK 74110

EISENHOWER INTERNATIONAL 3111 E. 56th Street, Tulsa, OK 74105

ELIOT 1442 E. 36th Street, Tulsa, OK 74105

EMERSON MONTESSORI 909 N. Boston Avenue, Tulsa, OK 74106

EUGENE FIELD 2249 S. Phoenix Avenue, Tulsa, OK 74107

GRISSOM 6646 S. 73rd East Avenue, Tulsa, OK 74133

HAMILTON ES 2316 N. Norwood Place, Tulsa, OK 74115

HAWTHORNE 1105 E. 33rd Street North, Tulsa, OK 74106

HOOVER 2327 S. Darlington Avenue, Tulsa, OK 74114

UNITY LEARNING ACADEMY 2137 N. Pittsburg Avenue, Tulsa, OK 74115

JOHN HOPE FRANKLIN 5402 N. Martin Luther King, Jr. Boulevard 74126

KENDALL/WHITTIER 2601 E. 5th Place, Tulsa, OK 74104

KERR 202 S. 117th East Avenue, Tulsa, OK 74128

KEY 5702 S. Irvington Avenue, Tulsa, OK 74135

LANIER 1727 S. Harvard Avenue, Tulsa, OK 74112

COUNCIL OAK 1920 S. Cincinnati Avenue, Tulsa, OK 74119

LEWIS & CLARK ES 737 S. Garnett Road, Tulsa, OK 74128

LINDBERGH 931 S. 89th East Avenue, Tulsa, OK 74112

MACARTHUR 2182 S. 73rd East Avenue, Tulsa, OK 74129

MARSHALL 1142 E. 56th Street, Tulsa, OK 74105

MAYO DEMONSTRATION 1127 S. Columbia Avenue, Tulsa, OK 74104

MCCLURE 1770 E. 61st Street, Tulsa, OK 74136

MCKINLEY 6703 E. King Street, Tulsa, OK 74115

MITCHELL 733 N. 73rd East Avenue, Tulsa, OK 74115

OWEN 1132 N. Vandalia Avenue, Tulsa, OK 74115

PARK 3205 W. 39th Street, Tulsa, OK 74107

PATRICK HENRY 3820 E. 41st Street, Tulsa, OK 74135

PEARY 10818 E. 17th Street, Tulsa, OK 74128

PENN 2138 E. 48th Street North, Tulsa, OK 74130

REMINGTON 2524 W. 53rd Street, Tulsa, OK 74107

ROBERTSON 2721 West 50th Street, Tulsa, OK 74107 SALK 7625 E. 58th Street, Tulsa, OK 74145

SEQUOYAH 724 N. Birmingham Avenue, Tulsa, OK 74110

SKELLY 2940 S. 90th East Avenue, Tulsa, OK 74129

SKELLY PRIMARY 2714 S. 90th East Avenue, Tulsa, OK 74129

SPRINGDALE 2510 E. Pine Street, Tulsa, OK 74110

WHITMAN 3924 N. Lansing Avenue, Tulsa, OK 74106

ZARROW 3613 S. Hudson Avenue, Tulsa, OK 74135

TPS Middle/Junior High Schools

CARVER MS 624 E. Oklahoma Place, Tulsa, OK 74106

E CENTRAL JH 12121 E. 21st Street, Tulsa, OK 74128

HALE JH 2177 S. 67th East Avenue, Tulsa, OK 74129

MEMORIAL JH 7502 E. 57th Street, Tulsa, OK 74145

MONROE DEMO AND DUAL LANG 2010 E. 48th Street North, Tulsa, OK 74130

THOREAU DEMO 7370 E. 71st Street, Tulsa, OK 74133

TPS Junior High/High Schools

CENTRAL JH/HS 3101 W. Edison Street, Tulsa, OK 74127

MCLAIN JH/HS 4929 N. Peoria Avenue, Tulsa, OK 74126

EDISON JH/HS 2906 E. 41st Street, Tulsa, OK 74105

ROGERS COLLEGE JH/HS 3909 E. 5th Place, Tulsa, OK 74112

WEBSTER JH/HS 1919 W. 40 Street, Tulsa, OK 74107

TPS High Schools

E CENTRAL HS 12150 E. 11th Street, Tulsa, OK 74128

HALE HS 6960 E. 21st Street, Tulsa, OK 74129

MEMORIAL HS 5840 S. Hudson Avenue, Tulsa, OK 74135

WASHINGTON HS 1514 E. Zion Street, Tulsa, OK 74106

Alternative Sites

TRAICE MS/HS 2740 E. 41st Street North, Tulsa, OK 74110

STREET SCHOOL 1135 S. Yale Avenue, Tulsa, OK 74112

PHOENIX RISING 3441 E. Archer Street, Tulsa, OK 74115

TULSA LEARNING ACADEMY 525 E. 46th Street North, Tulsa, OK 74126

TULSA MET JH/HS 6201 E. Virgin Street, Tulsa, OK 74115

PROJECT ACCEPT TRAICE ELEM. 1205 W. Newton Street, Tulsa, OK 74127

Support Sites Address

EDUCATION SERVICE CENTER 3027 South New Haven, Tulsa, OK 74114

WILSON TEACHING & LEARNING A 2710 East 11th Street, Tulsa, OK 74104

ENROLLMENT CENTER 2819 South New Haven, Tulsa, OK 74114

MAINTENANCE/PLANT OPERATION/ WAREHOUSE 1555 North 77th East Avenue, Tulsa, OK 74115

TRANSPORTATION 1815 North 77th East Avenue, Tulsa, OK 74115

ROSS (CHILD NUTRITION) 8934 East Latimer, Tulsa, OK 74115

GRANT (INDIAN EDUCATION) 7635 East 42nd Place, Tulsa, OK 74145

NORTH BUS LOT 5720 North MLK Boulevard, Tulsa, OK 74126

SOUTH BUS LOT (GRANT BLDG) 7635 E. 42nd Place, Tulsa, OK 74145

MCBIRNEY (WEST BUS LOT) 1012 West 36th Place, Tulsa, OK 74107

Exhibit II TULSA PUBLIC SCHOOLS Sales - Calendar 2019-20

Package Category Volume

20 OZ 1-LS 24 3239

10.1 OZ 1-LS 12 1632

12 OZ 12-PK 24 FRID 863

18.5 OZ 1-LS 12 563

10 OZ 1-LS 24 341

12 OZ 6-PK 24 211

20 OZ 8-PK 24 111

16.9 OZ 1-LS 12 43

20 OZ 1-LS 12 24

12 OZ 1-LS 24 11

16 OZ 1-LS 24 4

15 OZ 1-LS 12 2

16 OZ 1-LS 12 2

Total Full Service 7047

20 OZ 1-LS 24 1796

12 OZ 12-PK 24 FRID 495

12 OZ 6-PK 24 328

16.9 OZ 24-PK 24 151

23 OZ 1-LS 12 53

16 OZ 1-LS 12 33

20 OZ 8-PK 24 18

7.5 OZ 6-PK 24 9

18.5 OZ 1-LS 12 8

2.5 GALLON 1-LS 8

16 OZ 1-LS 24 7

12 OZ 20-PK 20 4

12 OZ 1-LS 24 1

12 OZ 8-PK 24 FRID 1

12 OZ 24-PK 24 1

20.3 OZ 1-LS 24 1

Total Sideload 2914

9961

VEND PRICES 12 oz can $1.25-$1.50 20 oz bottle $1.75-$2.00

EQUIPMENT SUMMARY Coolers 49 Vending machines 127

Exhibit III TPS Wellness Policy

TULSA PUBLIC SCHOOLS Policy 2115

WELLNESS

PURPOSE: To foster a healthy school environment by promoting the importance of good

nutrition and physical activity to support the academic achievement, performance, and good

health of students and staff.

The District will establish a School Wellness Council to develop, publish, and monitor

implementation of the Wellness policy. The School Wellness Council will consist of a cross

section of District employees, parents, students, and residents of the District.. The School

Wellness Council was established on September 1, 2006. The Superintendent or designee will

annually provide a report of the Wellness policy/regulation implementation.

The District will provide appropriate professional development and education to staff members,

students, parents and school volunteers on the importance of good nutrition and physical activity

and the relationship to academic and job performance and healthy lifestyles.

The principal will be responsible for administering the school’s program in accordance with Child

Nutrition and USDA regulations and will provide for the inclusion of program components within

areas of instruction, as appropriate. School sites will report their yearly progress in the annual

District Accountability Report.

Each school site will establish and maintain a Healthy and Fit School Advisory Committee (Safe

and Healthy Schools Committee). This committee will meet and make recommendations

regarding health education, nutrition, health services, physical education and physical activity to

the principal. The principal shall give consideration to recommendations made by the Healthy

and Fit School Advisory Committee.

The Superintendent or his/her designee will develop a regulation to support and provide specific

procedures for implementation of this policy.

Adopted: July 2006 Revised: October 2014 Legal Reference: Oklahoma Senate Bill 265, Oklahoma Senate Bill 312, Oklahoma Senate Bill 1627

Child Nutrition and WIC Reauthorization Act of 2004 Reference: USDA Regulations Child Nutrition Programs Agreement

Healthy, Hungry-Free Kids Act of 2010

TULSA PUBLIC SCHOOLS Regulation 2115-R

WELLNESS

The Wellness policy has been established to support academic, job performance, and

good health of students and staff. Each school’s site Safe and Healthy Schools

Committee will develop an action plan, unique to that site, as part of the Coordinated

School Health Framework. The following regulation provides guidance for implementation

of this policy.

NUTRITION GUIDELINES/STANDARDS – SCHOOL MEALS

To promote student health, students will not be provided with foods outside the USDA

Nutrition Standards, with the exception of two (2) events per school year in which healthy

options are also available.

The District will make nutritious foods available on campus during the school day to

promote student and staff health. At a minimum, the District’s Child Nutrition Program

will serve reimbursable meals that meet the United States Department of

Agriculture's (USDA) requirements and follow the Dietary Guidelines for Americans

(DGA).

Specifically, the District will ensure that all meals are the following:

Accessible, appealing, and attractive to all children

Served in a clean, pleasant, and supervised setting

High in fiber, free of added trans fats, and low in added fats, sugar, and sodium

Respectful of cultural diversity (e.g., students will be encouraged to suggest local,

cultural, and favorite ethnic foods) and religious preferences.

Reviewed by a registered dietitian or other certified nutrition professional.

Based on a meal plan provided by the State Department of Education and the USDA.

Providing age-appropriate activities, such as contests, food demonstrations, and taste-

testing that promote healthy eating habits.

The District will also ensure that schools do the following:

Encourage students to start the day with a healthy breakfast.

Provide breakfast through the USDA School Breakfast Program.

Food, beverages, and candy will not be used to reward or punish academic performance

or studentbehavior.

Fruits and/or vegetables will be offered daily at all points of service. Fruits and

vegetables should be fresh whenever possible. Frozen and canned fruits will be

specified and bid in natural juice, water, or light syrup. Bonus commodity fruits that

contain higher sugar contents will be used in limited quantities. Fresh fruits and

vegetables from local sources, to the greatest extent possible, will be featured including

Farm to School.

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Foods will not be fried on school premises. High fat, processed items will be limited

in the cafeteria. Only low fat or baked chips should be offered. Items will be specified

and bid with no trans-fats, according to availability.

Students and staff will be offered a variety of skim and low fat milk, lean meat, beans,

fruits, vegetables, and whole grains on a daily basis.

WATER

Schools will make clean drinking water available and accessible without restriction and at

no charge at every district facility before, during, and after school. Schools will also ensure

the following:

Students will be provided drinking cups in places where meals and snacks are served.

Students will be allowed to bring drinking water from home and take water into the

classroom, provided that the water is in a capped container, such as a bottle, to

prevent spills.

All water sources and containers will be maintained on a regular basis to ensure

good hygiene standards (including drinking fountains, water jugs, hydration stations,

and other methods for delivering drinking water).

INFORMATION AND PROMOTION

As required under the National School Lunch Program (7 CFR 210.12), the District will promote activities to involve students and parents in the School Lunch Program. In addition, the District will do the following:

Inform families about the availability of breakfasts for students.

Distribute materials to inform families of the availability and location of free Summer

Food Service Program meals for students when school is not in session.

Post information on the nutritional content and ingredients of school meals on menus

in the cafeteria, on the District website and/or websites of individual schools, and/or in

school newsletters.

Send applications for reimbursable meal programs to families at the beginning of the

school year and make applications available on the District website

FUNDRAISING AND OTHER FOODS ON SCHOOL CAMPUSES

Only foods and beverages that meet the USDA's Smart Snacks standards may be

marketed in schools.

Beverage contracts will not restrict the sale of fluid milk products at any time during

the school day or at any place on the school premises. (Child Nutrition and WIC

Reauthorization Act of 2004)

All competitive foods and beverages sold to students during the school day must meet or exceed the USDA’s Smart Snacks standards– USDA’s “All Food Sold in Schools” Standards and Smart Snacks. Tulsa Public Schools will continue to follow these guidelines regarding fundraising and will not allow for any exemptions to this regulation.

2115-R Page 2 of 8

Other foods and beverages provided (not sold) on campus (e.g., for classroom

parties, celebrations, and afterschool-programming) must meet the USDA’s Smart

Snacks standards. Two events per school year are allowed during which food and

beverages served are not required to meet the Smart Snack standards.

Sale of caffeinated beverages is not allowed on elementary or middle school

campuses. High energy drinks with elevated levels of caffeine will not be available

for sale anywhere on school campuses.

The District will encourage fundraisers that do not sell food and/or that promote

physical activity.

Only fundraisers that feature non-food items and/ or foods and beverages that meet

the Smart Snack standards will be permitted during the school day.

NUTRITION EDUCATION

Schools will offer—and integrate into the core curriculum—nutrition education to

all grades (K-12), providing students the knowledge and skills necessary for

lifelong healthy eating behaviors, including the following:

What it means to eat healthfully, consume the proper nutrients, and maintain a

wholesome and balanced diet.

How to read labels and understand the problems associated with unhealthy food

marketing to children.

Complies with state learning objectives and standards.

Provides opportunities for students to practice and apply the skills and knowledge

taught in the classroom (e.g., by using the cafeteria as a learning lab, visiting local

farms, etc.).

Is made available for staff.

Is promoted to families and the community.

Curriculum will be provided by Child Nutrition for interested schools/teachers. Family/parent

nutrition education opportunities will also be provided through community events and the Child

Nutrition Website.

All schools will be enrolled in USDA Team Nutrition and Fuel Up to Play 60.

The District will promote healthy food/beverage choices and appropriate portion sizes.

School staff will promote healthy eating and healthy lifestyles to students and parents.

Students and staff will receive consistent nutritional messages throughout the school,

classroom, cafeteria, and school events.

Exhibiting posters, signs, or other displays on the school campus that promote healthy

nutrition choices.

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PHYSICAL ACTIVITY

Elementary school sites will provide 20 minutes of organized daily recess that

promotes physical activity beyond what is provided through physical education

classes.

Elementary schools will have 60 minutes of physical education per week.(Oklahoma

Senate Bill 312)All school sites will establish or enhance physical activity

opportunities for students, staff, and parents (examples may include, but are not

limited to implementation of a walk or bike to school initiative, fitness challenges,

family fitness nights, fun walks and runs, bike events, etc.) that help develop the

skills needed to participate in lifetime physical activities.

All school sites will have availability of proper equipment and facilities (examples may

include, but are not limited to playground equipment, physical activity equipment, and

athletic or fitness facilities) for every student to be active. All equipment and facilities

will meet Safety Standards – See Board Policy 7302 – Student Safety.

Physical activity opportunities are accessible for students of all abilities to a broad

range of competitive and noncompetitive physical activities that help to develop the

skills needed to participate in lifetime physical activities.

Students, parents and other community members will have access to the District’s

physical activity facilities outside the normal school day. (See Board Policy – 8401

Community Use of Facilities)

Physical activity or the withholding thereof, will not be used to punish academic

performance or student behavior.

All students participating in physical education will be moderately to vigorously

active for the majority of class time. (Oklahoma Senate Bill 1876)

Only medical waivers/exemptions from participation in physical education are allowed.

The District will integrate physical activity during the school day and provide training

for all teachers on how to integrate physical activity into the academic curriculum.

District has approved Health Education Curriculum for all grade levels that follow

National Health Education Standards, and Priority Academic Student Skills (PASS)

requirements.

The District will ensure that all elementary school students (K-5) participate in a

minimum of 60 minutes of physical activity each week whether through physical

education, exercise programs, after-school athletics, fitness breaks, recess,

classroom activities, or wellness and nutrition education.

Elementary school students (K-5) will participate in at least [150] minutes of PE per

week throughout the entire school year.

The District will require all schools to establish a comprehensive, standards-based PE

curriculum for each grade (K-12). Schools will ensure that PE classes and equipment

afford all students (K-12) an equal opportunity to participate in PE.

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During PE, students will be given the opportunity to participate in many types of

physical activity, including both cooperative and competitive games.

Students will engage in moderate to vigorous physical activity for more than 50

percent of the PE class time.

PE classes will be taught by licensed teachers certified or endorsed to teach PE.

The District will do the following:

Encourage children and their families to walk and bike to and from school.

Work with local officials to designate safe or preferred routes to school.

Promote National and International Walk and Bike to School Week/Day.

SCHOOL-BASED ACTIVITIES

The district will allow students; at least 10 minutes to eat breakfast and 20 minutes

to eat lunch from the time they are seated.

Some form of physical activity will occur, either in the form of recess or physical

education classes, just before lunch at all elementary schools in order to increase

food consumption and nutrient intake, decrease plate waste, and improve cafeteria

and classroom behavior.

The sale of candy as a fundraiser will be limited. See recommended list of fundraiser

activities suggested by the State Department of Education. Fundraisers occurring on

campus during the school day must adhere to the Smart Snacks in School – USDA’s

“All Food Sold in Schools” Standards. All fundraisers must comply with District

Regulation 7201-R. Tulsa Public Schools will continue to follow these guidelines

regarding fundraising and will not allow for any exemptions to this regulation.

Healthy food choices for lunches and snacks will be encouraged when food is sent

from home.

School gardens are permitted, with site administration approval. Administration

approval includes dedication of the resources (i.e. land and water) necessary to

implemen