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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 [email protected] 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:[email protected]
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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.
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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
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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
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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
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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
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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.
2115-R Page 1 of 8
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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
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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.
2115-R Page 3 of 8
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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.
2115-R Page 4 of 8
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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