Food and Meat, B27-FMB01

When submitting a sealed bid, please be sure to put the bid title and bid number on the
outside envelope being mailed. Please attach a completed W9 to your bid response.
Vendor: ______________________
Contact: ______________________
Address: ______________________
______________________
Phone: ______________________
Fax: ______________________
E-Mail: ______________________
CENTER FOR INSTRUCTION, TECHNOLOGY & INNOVATION (CiTi)
FORMERLY OSWEGO COUNTY BOCES
179 COUNTY ROUTE 64
MEXICO, NY 13114
www.citiboces.org/cooperativepurchasing
DATE OF BID OPENING: May 14, 2026, at 2:00 p.m.
DATE OF BID AWARD: July 8, 2026
All public bid openings hosted by The Center for Instruction, Technology & Innovation (CiTi) are made available virtually via the
Zoom platform. Bidders and members of the public can join the live bid opening virtually by sending an email request in advance of
the opening date and time to: CooperativeBids@CiTiboces.org. Bidders and members of the public who wish to join the bid opening
in-person must follow all visitor policy guidelines when present on CiTi property.
BID INSTRUCTIONS
AND SPECIFICATIONS
FOR THE SUPPLY OF:
FOOD/MEAT/BEVERAGES
BID NUMBER B27-FMB01
FOR THE MONTHS OF
August 2026
September 2026
October 2026
November 2026
December 2026
January 2027
TO BE PURCHASED BY THE FOLLOWING SCHOOL DISTRICTS:
APW CENTRAL SCHOOL DISTRICT
CENTRAL SQUARE CENTRAL SCHOOL DISTRICT
CENTER FOR INSTRUCTION, TECHNOLOGY AND INNOVATION (CiTi)
FULTON CITY SCHOOL DISTRICT
HANNIBAL CENTRAL SCHOOL DISTRICT
MEXICO ACADEMY AND CENTRAL SCHOOL
NORTH ROSE WOLCOTT CENTRAL SCHOOL DISTRICT
OSWEGO CITY SCHOOL DISTRICT
PHOENIX CENTRAL SCHOOL DISTRICT
PULASKI ACADEMY AND CENTRAL SCHOOL
SANDY CREEK CENTRAL SCHOOL DISTRICT
WAYNE CENTRAL SCHOOL DISTRICT
Cooperative CiTi Bid Do Not Separate these Sheets
Holly Cheeley, Bid Specialist
CooperativeBids@CiTiboces.org
179 County Route 64, Mexico, NY 13114
315-963-4414

CiTi COOPERATIVE BID
INSTRUCTIONS TO BIDDERS
FOOD/MEAT/BEVERAGES BID, NUMBER B27-FMB01
1. This is a cooperative bid involving the Center for Instruction, Technology & Innovation (CiTi), and
the districts of: APW Central Schools, Central Square Central Schools, Fulton City Schools,
Hannibal Central Schools, Mexico Academy and Central School, North Rose Wolcott Central
School, Oswego City Schools, Phoenix Central Schools, Pulaski Academy and Central School,
Sandy Creek Central School District and Wayne Central Schools.
2. Sealed bids and electronic bid submissions (via BidNet Direct) for furnishing and delivery of items
as required and as set forth in these specifications prepared by CiTi are sought at this time.
3. Copies of the specifications may be obtained at the Business Office of the CiTi, 179 County Route
64, Mexico, New York 13114, by calling (315) 963-4414, by emailing
CooperativeBids@CiTiboces.org, or at the website address:
www.citiboces.org/cooperativepurchasing Bid specifications can also be found online at BidNet
Direct:
4. ALL questions with regard to this bid MUST be submitted in writing. Please email the bid
questionnaire form that is attached as part of this bid proposal to the attention of the Bid Specialist
at: CooperativeBids@CiTiboces.org
5. No questions will be entertained by any other means. All questions must be submitted at least 10
business days prior to the official bid opening. Questions received after this time may not be
addressed.
6. Delivery is to be made as per the Delivery Schedule included in this bid packet.
7. Each participating School District or agency will prepare its own individual Purchase Order for its
respective share of the bid. Estimated quantities listed on the bid are from Schools listed as active
participants.
8. Invoices shall be presented to each School District and CiTi for the quantities so ordered.
9. Each proposal shall state a certain sum for each item bid upon and for the total of all items bid upon.
The proposal as presented shall remain valid for a period of sixty (60) days from the date of bid
opening for the purpose of making the award. Once awarded the bid pricing is valid for the duration
of this six-month agreement, from August 2026 through January 2027.
10. Purchases made by CiTi and the cooperating districts are not subject to any Sales or Federal Excise
Tax, because they are governmental agencies.
11. The bidder shall state the amount of discount that will be allowed in the School Districts and CiTi
for payment terms less than 30 days. In the absence of such a stated discount, payment will be made
approximately thirty (30) days after receipt of materials and invoice.
12. Payment for a partial shipment will be made upon receipt of the invoice for the items delivered.

13. The following three (3) forms are included herein and form a part of this bid proposal: 1. Bid
Proposal Certifications (Non-Collusion Bidding Certification and Conflict of Interest Certification).
2. Exceptions or Limitations/Acknowledgement of Terms and Conditions. 3. Iran Divestment Act
Certificate of Compliance. Failure to fully execute these three (3) statements will constitute grounds
for rejection of a bid submission.
14. Each Proposal is to be made on the attached Excel Bid Forms. The format of the bid forms may
not be altered.
Accepting Sealed OR Electronic Bid Submissions:
15. SEALED BIDS must be received via mail, postal or shipping carrier at: CiTi, 179 County Route 64,
Mexico, NY 13114 until, but not later than 2:00 p.m. May 14, 2026. Sealed bid envelopes can also
be hand-delivered to CiTi's Receiving Department (Green Steel Building across the road from main
CiTi Campus in Mexico). CiTi's Receiving Department is open Monday - Friday 7:00 a.m. to 3:00
p.m.
16. ELECTRONIC BIDS must be submitted via BidNet Direct no later than 2:00 p.m. May 14, 2026.
This is the ONLY manner in which electronic submissions will be accepted.
17. Emailed or faxed bid responses are not acceptable.
18. CiTi reserves the right to reject any or all bids and to re-advertise.
19. CiTi reserves the right to waive any informality on bids received and to accept reasonable
substitutes for specified items as long as such substitutions in no way affect the performance of the
item for which the bid has been requested. It is the responsibility of the bidder to notify CiTi when
such substitutions are offered.
20. All bids are to be on the basis of delivery prepaid to destination.
21. Notice of the Award shall be made to the successful bidder within sixty (60) days from the date of
the bid opening.
22. Each item on the Bid containing a Chemical Substance must be accompanied by a MATERIAL
SAFETY DATA SHEET when delivered to each School District. Failure to include these requisite
data sheets will prohibit the processing of payment.
23. The words "Or Equivalent" shall be considered as added to each specification, unless otherwise
specified.
24. Express Mailings: All express envelopes must be clearly marked with the words "Sealed Bids
Enclosed" on the front of the outside envelope. This is important in assuring that the bid is
delivered properly. The sealed bid envelope must be included in the express envelope.
25. Failure to adhere to these instructions will constitute grounds for rejection of the bid.

COOPERATIVE FOOD/MEAT/BEVERAGES BID
BID NUMBER B27-FMB01
SPECIAL CONDITIONS
1. The CiTi Receiving Department (located at 179 County Route 64, Mexico) will receive sealed bid
submissions for Food/Meat/Beverages until 2:00 p.m. May 14, 2026. BidNet Direct will accept
electronic bid submissions for Food/Meat/Beverages until 2:00 p.m. May 14, 2026.
In the event that the CiTi Business Office is closed due to unforeseen circumstances, the bid
deadline will be extended to the next business day when CiTi is open for business. The time of day
will remain 2:00 p.m.
2. A public bid opening will take place on May 14, 2026, at 2:00 p.m.
3. All public bid openings hosted by CiTi are made available virtually via the Zoom platform. Bidders and
members of the public can join the live bid opening virtually by sending an email request in advance of
the opening date and time to: CooperativeBids@CiTiboces.org. Bidders and members of the public who
wish to join the bid opening in-person must follow all visitor policy guidelines when present on CiTi
property.
4. For Sealed Bid Submissions: Bidders must supply signed hard copies of their completed bids in a
sealed envelope marked with the name of the bidder and the bid number on the front of the envelope to
the address listed in the manner specified within the Bid Documents. CiTi also strongly encourages the
submission of the bid pricing (in excel format) on either a CD or flash drive along with the signed
hard copies of all the required bid documents. Please refer to the "Instructions for the Submission
of the Vendor Response Sheet" for information on how to properly fill out the forms.
5. The CD or Flash Drive must be clearly labeled with the name of the bid, the bid number, and the
bidder's name. Bid CDs or Travel Drives that are not clearly labeled may be rejected.
6. For Electronic Bid Submissions: Bidders must supply a signed photocopy of the bid forms and a
completed vendor response sheet (in excel format) via BidNet Direct. Please refer to the "Instructions
for the Submission of the Vendor Response Sheet" for information on how to properly fill out the
forms.
7. This will be awarded in a line by line, subcategory or aggregate manner. Award will be based on
the final comparison of all bids, awarded based on lowest, responsive, responsible bidder. The
CiTi Board determination for award will best promote the public interest and serve in the best
interest of the participants.
CiTi reserves the right to reject all or part of any bid submitted and may, if in the best interest of
CiTi, change the award basis. Bids will be considered only from bidders whose financial
resources, technical ability, and experience are commensurate with the services to be performed.
8. Out of Stock Items - After receipt of an order, the vendor agrees to call the district within three
working hours, concerning any out-of-stock items. Substitutions for out-of-stock items may not be
made without advance approval by the district. If a district is forced to purchase out of stock items or
items not meeting specifications from another vendor, the difference must be paid by the original
vendor. Districts will notify the Vendor before using this "buy against" clause.

9. Damaged Products - During the scheduled delivery times, the vendor agrees to remove all damaged
cases that are visible and all products that are found damaged upon opening, or products that do not
meet specifications.
Goods not removed by the vendor, as stated, will be regarded as abandoned and the district shall have
the right to dispose of them as its own property. This condition addresses the following concerns:
a) Damaged cases discovered during & after delivery.
b) Products that do not meet specifications.
c) Storage of such items.
d) Ownership of such items.
In any of the situations mentioned, the vendor is required to pick up damaged goods at the time of
delivery and immediately issue credit. Additionally, if the discrepancies are not noted until after
receipt of the goods, the vendor agrees to pick up the item on the next delivery. In either event, if the
vendor does not adhere to these terms, the district gains title to the property and needs only to maintain
a record of the delivery date and the can codes to be entitled to credit.
10. Can cutting - Bidder agrees to supply, upon request, representative samples of the items bid prior to
the award of the contract.
11. Complaints - Both the district and the vendor will submit all complaints in writing to the
appropriate party(s) within four (4) days of occurrence. The CiTi Cooperative Bidding Office
will maintain a file of all complaints that are submitted from both the district and the vendor.
12. Prices - The bidder shall insert the price per stated unit, bidder's code number, and brand name, which
they propose to furnish and deliver. For each item bid, the bid price will be reflected on the invoice.
Prices must be maintained and held firm for the duration of the contract period, with the
exception of cheese. Cheese prices must be held for the 1st month of the contract; however, a price
escalation may be allowed for the 2nd month providing the vendor shows proof that his/her cost from
the manufacturer has increased. The total amount of the increase to the districts cannot exceed the cost
of the increase to the vendor. Notification and proof of increase must be given to the districts and CiTi
BOCES at CooperativeBids@CitiBOCES.org with a minimum of 2 weeks prior to the increase.
13. In all specifications that state "ONLY", that brand will be the only product acceptable. If the bidder
would like to bid on items other than those specified, that product must be pre-approved by the districts
and added to the bid descriptions. If another brand is bid that item will be considered as a no bid item.
All products marked as "special order" will be considered as a no bid item.
14. Savings Clause - The successful bidder shall not be held responsible for any losses resulting if the
fulfillment of the terms of the contract shall be delayed or prevented by wars, acts of public enemies,
strikes, fires, floods, acts of God, or for any other acts not within the control of the successful bidder
and which by the exercise of reasonable diligence he is unable to prevent.
15. Quantities are estimated. Actual orders may be affected by occurrences such as government
subsidies or excessive "snow days". School districts will notify vendors as soon as possible when
actual quantities change.
16. Minimum Delivery - The bidder shall place on the bid document your minimum order, or drop
charge, amount. The policy must be outlined in a proposal that is reasonable and attempt to meet the
needs of the cooperating districts and address the cost containment concerns of the bidder. Sound
judgment must be used in developing this policy. CiTi reserves the right to discuss and offer
suggestions to modify this policy. The bidder is expected to be flexible in offering this policy and
CiTi also expects being able to reach consensus on this policy. Weight will be given to this policy
in making the final vendor selection regarding this bid proposal.

17. Software should be made available to the cooperating districts, and training provided as necessary, by
the bidder as it relates to the efficient implementation and operation of this bid agreement. A proposal
regarding this software should be included in this bid.
18. CiTi and the cooperating districts reserve the right to perform audits of the successful bidders
regarding the items and billing processes as they relate to this bid proposal. Failure to provide
requested information within seven calendar days of the request may be the basis for cancelling the
contract or initiate other appropriate action.
19. Evaluation Criteria - Award of this bid will be based on: performance, responsiveness, price,
product quality, service, minimum delivery fee policy, cost plus proposal, and a site visit. The bid shall
be awarded to the lowest responsible bidder meeting the criteria.
20. Value Added - Bidders are strongly encouraged to submit any product or programs that separate and
are unique to the bidder. Submit any additional information or comments that you wish to be
considered.
21. Bid Document Content - Only those items with quantities indicated by the districts are included
in this bid document.
22. Innovative Products in the Industry - Every effort will be made to expand the population of food
and meat items used by the districts if these items are in the best interest to the districts and CiTi.
New and improved items will benefit both the bidder and the districts by providing additional sales
opportunities to both parties. It is therefore imperative that these bid conditions are strictly adhered to.
23. CiTi Reserve - The right to extend this bid agreement beyond the period specified. This will be done
based upon the best interest of CiTi and participating districts. Extension will not exceed 90 days.
Force Majeure
24. The successful bidder shall not be held responsible for any losses resulting if the fulfillment of the
terms of the contract shall be delayed or prevented by wars, acts of public enemies, strikes, fires, acts of
God, or for any other acts not within control of the successful bidder and which by the exercise of
reasonable diligence he/she is unable to prevent.
25. Products and quantities listed on the bid are CiTi's best estimate based on the projected instructional
plan for CiTi and participating school districts. If CiTi or the participating school districts'
instructional plans change due to unforeseen and/or a force majeure event, the actual quantities
purchased might also change.

Center for Instruction, "Contractor" Any bidder to whom a 10. No charge will be allowed for the
Technology & Innovation contract award is made by the Board of Federal, State or municipal sales and excise
A Board of Cooperative Educational Services Cooperative Education Services. taxes since the school districts and CiTi are
179 County Route 64 exempt from such taxes. The price bid shall
Mexico, NY 13114 "Specifications" defined as the description be net and shall not include the amount of
of materials, supplies, equipment, and/or any such tax.
services, including the conditions for its
GENERAL CONDITIONS
purchase. 11. In all specifications, the words "or
(For the Purchase of Materials, Supplies,
equal" are understood after each article
Equipment, and Services)
BIDS giving manufacturer's name or catalog
reference, or on any patented article. The
All invitations to bid issued by the above
1. The date, time, and place of bid opening decision of the school district as to whether
named Board of Cooperative Educational
will be given in the Notice to Bidders. an alternate or substitution is in fact "equal"
Services will bind bidders and successful
shall be final. If bidding on items other than
bidders to the conditions and requirements
2. All bids must be submitted on bid forms, those specified, bidder must provide in
set forth in these general conditions, and
if provided, and in accordance with the every instance the trade designation of the
such conditions shall form an integral part
instructions provided. article, manufacturer's name, and detailed
of each purchase contract awarded by the
specifications of item he proposes to
Center for Instruction, Technology &
3. All bids received after the time stated in furnish. Otherwise, the bid will be construed
Innovation (CiTi).
the Notice to Bidders may not be considered as submitted on the identical item as
and will be returned unopened to the bidder. specified.
DEFINITIONS
The bidder assumes the risk of any delay in
the mail or in the handling of the mail by 12. Bids for equipment must be on standard
"CiTi" Shall be the legal designation of the
employees of CiTi. Whether sent by mail or new equipment, of latest model, and in
Oswego County Board of Cooperative
by means of personal delivery, the bidder current production, unless otherwise
Educational Services/ Center for Instruction,
assumes responsibility for having his/her specified.
Technology & Innovation.
bid deposited on time at the place specified.
13. All regularly manufactured stock
"School District" Shall be the legal
4. All information required by Notice to electrical items must bear the label of the
designation of the district.
Bidders, General Conditions, Specifications, Underwriters' Laboratories, Inc.
and Bid Offer, in connection with each item
"Notice to Bidders" A formal statement,
against which a bid is submitted, must be 14. When bids are requested on a lump sum
which, when issued by CiTi, constitutes an
given to constitute a regular bid. basis, the bidder must bid on each item in
invitation to bid on the materials, supplies
the lump sum group. A bidder desiring to
and equipment described by the
5. The Non-Collusive Bidding Certification bid "no charge" on an item in a group must
specifications
must be included with each bid as required so indicate; otherwise, bid for the group
by General Municipal Law, Section 103-d. may be rejected.
"Board" The Board of Cooperative
Education Services Board of Education.
6. The submission of a bid will be construed 15. All prices quoted must be "per unit" as
to mean that the bidder is fully informed as specified, e.g., do not quote "per case" when
"Bid" An offer to furnish materials,
to the extent and character of the supplies, "per dozen" is requested; otherwise bid may
supplies, and/or equipment in accordance
materials, or equipment required and a be rejected.
with the invitation to bid, the general
representation that the bidder can furnish
conditions, special instructions, and the
the supplies, materials, or equipment 16. Bidder must insert the price per unit and
specifications.
satisfactorily in complete compliance with the extensions against each item in his bid.
the specifications. In the event of a discrepancy between the
"Bid Offer" The form on which the
unit price and the extension, the unit price
vendor/bidder submits his bid.
7. No alteration, erasure, or addition is to be will govern. Prices shall be extended in
made in the typewritten, printed, or decimals, not fractions. In the case of
"Bidder" A company, corporation or
electronic matter. Deviations from the electronic filing via CD, diskette or travel
individual submitting a bid.
specifications must be set forth in space drive of a bid response form, the electronic
provided in bid for this purpose. data will take precedence over any written
"Contract" A notice to the successful
or printed material submitted with the bid
bidder by the issuance of a purchase order,
8. Prices and the information required packet.
all documents relating to the transaction,
should be typewritten for legibility. Illegible
including but not limited to, the bid offer of
or vague bids may be rejected. All 17. Prices shall be net; including
the successful bidder, notice to bidders,
signatures must be written. Facsimile, transportation and delivery charges fully
general information, general conditions,
printed, or typewritten signatures are not prepaid by the successful bidder to
specifications, notice of award, bid proposal
acceptable. destination indicated in the instructions to
certifications; a formal document signed by
bidders. If award is made on any other
the successful bidder and CiTi
9. Sales to school districts are not affected basis, transportation charges must be
representative.
by any fair trade agreements. (General prepaid by the successful bidder and added
Business Law, Sec. 369-a, Sub. 3) to the invoice as a separate item. In any
"Successful Bidder" Any bidder to whom
case, title shall not pass until items have
an award is made by CiTi.
been delivered and accepted.
General Conditions - Page 1 of 5

23. CiTi reserves the right to request a
representative sample of the item quoted 28. CiTi reserves the right to make awards
upon either prior to the award or before within sixty (60) days after the date of the
18. All sealed bid submissions must be in shipments are made. If circumstances do not bid opening during which period bids may
sealed, plain, opaque envelopes may be allow for samples, please include not be withdrawn unless the bidder
used, clearly marked "BID." Also, the date information where the items can be viewed distinctly states in his bid that acceptance
and time of the bid opening as indicated on in an industrial or retail setting. If the thereof must be made within a shorter
the Notice to Bidders must appear on the sample is not in accordance with the specified time.
envelope. Bids must not be attached to or requirements of the specifications, CiTi may
enclosed in packages containing bid reject the bid; or, if award has been made, 29. Where a bidder is requested to submit a
samples. All electronic bid submissions cancel the contract at the expense of the bid on a total sum or sums, the right is
must be submitted via BidNet Direct. successful bidder. reserved to award contracts on total sum or
Emailed, faxed or telephoned quotations or sums, whichever is in the best interest of
amendments will not be accepted at any 24. Samples, when required, must be CiTi.
time. submitted strictly in accordance with
instructions; otherwise, the bid may not be 30. If two or more bidders submit identical
19. No interpretation of the meaning of the considered. If samples are requested bids as to price, the decision of the board to
specifications or other contract document subsequent to bid opening, they shall be award a contract to one of such identical
will be made to any bidder orally. Every delivered as directed for bid to have bidders shall be final. (General Municipal
request for such interpretation should be in consideration. Samples must be furnished Law, Sec. 103, Sub. 1)
writing, addressed to CiTi, no later than ten free of charge and must be accompanied by
days (10) prior to the date fixed for the descriptive memorandum invoices CONTRACT
opening of bids. Notice of any and all such indicating if the bidder desired their return
interpretations and any supplemental and specifying the address to which they are 31. Each bid will be received with the
instructions will be sent to all bidders of to be returned provided they have not been understanding that the acceptance thereof in
record by CiTi in the form of addenda so used or made useless by tests. Award writing by the board, to furnish any or all of
issued shall become a part of the contract samples may be held for comparison with the items described therein shall constitute a
documents. deliveries. CiTi will not be responsible for contract between the successful bidder and
any samples destroyed or mutilated by the school district. The contract shall bind
20. If the supplies, materials, or equipment examination or testing. The bidder at his the successful bidder on his part to furnish
are to be delivered over an extended period expense shall remove samples. Samples not and deliver at the prices and in accordance
of time, or if the specifications so state, then removed within fifteen (15) days after with the conditions of this bid.
the successful bidder may be required to written notice to the bidder will be regarded
execute an agreement in relation to the as abandoned and CiTi shall have the right 32. The placing in the mail of a notice of an
performance of his contract, such an to dispose of them as its own property. award or purchase order to a successful
agreement is to be executed by the bidder bidder, to the address given in his bid, will
within 15 days after notification to execute 25. When a specification indicates that an be considered sufficient notice of
such contract. If the specifications so state, item to be purchased is to be equal to a acceptance of contract.
the successful bidder also may be required sample, such sample will be on display at a
to furnish a performance bond equal to the designated location in CiTi. Failure on the 33. If the successful bidder fails to deliver
full amount of the contract to guarantee the part of the bidder to examine sample shall as ordered, or within the time specified, or
faithful performance of such contract. Such not entitle him to any relief from the within reasonable time as interpreted by
performance bond shall be maintained in conditions imposed in the proposal, CiTi, or fails to make replacement of
full force and effect until the contract shall specification, etc. rejected articles, when so requested
have been fully performed. The surety immediately or as directed by the school
company furnishing such performance bond AWARD district, CiTi or school district may purchase
shall be authorized to do business in the from other sources to take the place of the
State of New York and must be satisfactory 26. Awards will be made to the lowest item rejected or not delivered. CiTi or
to the school district. The successful bidder responsible bidder, as they will best school district reserves the right to authorize
shall execute the performance bond at the promote the public interest, taking into immediate purchase from other sources
time of the execution of the contract by the consideration the reliability of the bidder, against rejections on any contract when
successful bidder and the Board. the quality of the materials, equipment, or necessary. On all such purchases, the
supplies to be furnished, their conformity successful bidder agrees to reimburse CiTi
21. The proposal as presented shall remain with the specifications, the purposes for or school district promptly for excess costs
valid for a period of sixty days (60) from the which required, and the terms of delivery. occasioned by such purchases. Should the
date of bid opening. cost be less, the successful bidder shall have
27. CiTi reserves the right to reject all bids. no claim to the difference. Such purchases
SAMPLES Also reserved is the right to reject, for will be deducted from contract quantity.
cause, any bid in whole or in part; to waive
22. All specifications are minimum technical defects; qualifications; 34. A contract may be canceled at the
standards; and accepted bid samples do not irregularities; and omissions if in its successful bidder's expense upon
supersede specification for quality unless judgment the best interests of the district nonperformance of contract.
bid sample is superior, in which case will be served. Also reserved is the right to
deliveries must be the same identity and reject bids and to purchase items on State or 35. Cancellation of contract for any reason
quality as accepted bid sample. County contracts if such items can be may result in the removal of the successful
obtained on the same terms, conditions, bidder's name from mailing list for future
specifications, and at a lower price. proposals for an indeterminate period.
General Conditions - Page 2 of 5

contract between the successful bidder and
the school district. However, CiTi or the GUARANTEES BY THE SUCCESSFUL
36. Damaged Products - During the School District(s) shall be under no BIDDER
scheduled delivery times, the vendor agrees obligation to purchase items until such time
to remove all damaged cases that are visible that a properly executed Purchase Order has 47. The successful bidder guarantees:
and all products that are found damaged been issued (see also item #62).
upon opening, or products, which do not a. The product against defective material
meet specifications. 41. Contract shall bind the successful bidder or workmanship and to repair or
on his part to furnish and deliver at the replace any damages or marring
When materials, equipment, or supplies are prices and in accordance with the conditions occasioned in transit.
rejected, they must be removed by the of his bid. Contract shall bind the school
successful bidder from the premises of the district on its part to order from such b. To furnish adequate protection from
school district within ten (10) days of successful bidder and to pay for at the damage for all work and to repair
notification. Rejected items left longer than contract prices, all items ordered and damages of any kind for which he or
ten (10) days will be regarded as delivered, within twenty (20) percent over his workers are responsible, to the
abandoned, and the school district shall or under the award quantity, unless building or equipment, to his own
have the right to dispose of them as its own otherwise specified, or impacted by funding work, or to the work of other
property. conditions (see also item #40 and #62)." successful bidders.
Pertinent information: Damaged goods not INSTALLATION OF EQUIPMENT c. Carry adequate insurance to protect the
removed by the vendor, as stated, will be school district from loss in case of
regarded as abandoned and CiTi shall have 42. The successful bidder shall clean up and accident, fire, theft, etc.
the right to dispose of them as its own remove all debris and rubbish resulting from
property. This condition addresses the his work from time to time as required or d. That all deliveries will be equal to the
following concerns: directed. Upon completion of the work, the accepted bid sample.
premises shall be left in a neat, unobstructed
a. Damaged cases discovered during and condition, and the buildings broom cleaned, e. That the equipment delivered is
after delivery and everything in perfect repair and order. standard, new, latest model of regular
b. Products that do not meet Old materials are the property of the stock product or as required by the
specifications successful bidder unless otherwise specifications; also, that no attachment
c. Storage of such items specified. or part has been substituted or applied
d. Ownership of such items contrary to manufacturer's
43. Equipment, supplies and materials shall recommendations and standard
37. In any of the situations mentioned, the be stored at the site only on the approval of practice. Every unit delivered must be
vendor is required to pick up damaged CiTi or school district and at the successful guaranteed against faulty material and
goods at the time of delivery and bidder's risk. In general, such onsite storage workmanship for a period of at least
immediately issue credit. Additionally, if should be avoided to prevent possible one year from the date of delivery. If
the discrepancies are not noted until after damage or loss of the material. during this period such faults develop,
receipt of the goods, the vendor agrees to the successful bidder agrees to replace
pick up the items on the next delivery. In 44. Work shall progress to cause the least the unit, or the part affected without
either event, if the vendor does not adhere to inconvenience to CiTi or school district and cost to CiTi or school district.
these terms, CiTi gains title to the property with proper consideration for the rights of
and needs only to maintain a record of the other successful bidders and their workers. Any merchandise provided under the
delivery date and the item codes to be The successful bidder shall keep in touch contract, which is or becomes defective
entitled to credit. with the entire operation and install his during the guarantee period, shall be
work promptly. replaced by the successful bidder free of
38. No items are to be shipped or delivered charge with the specific understanding that
until receipt of an official purchase order 45. Bidders shall acquaint themselves with all replacements shall carry the same
from the school district. Each delivery must conditions to be found at the site and shall guarantee as the original equipment. The
show a purchase order number on the assume all responsibility for placing and successful bidder shall make any such
outside of the package, unless otherwise installing the equipment in the locations replacement immediately upon receiving
directed by the Purchasing Agent. required. notice from CiTi or school district.
39. It is mutually understood and agreed 46. Equipment for trade-in shall be DELIVERY
that the successful bidder shall not assign, dismantled by the successful bidder and
transfer, convey, sublet, or otherwise removed at his expense. The condition of 48. Delivery must be made in accordance
dispose of the contract or his right, title, or the trade-in equipment at the time it is with the instructions to bidders and
interest therein, or his power to execute turned over to the successful bidder shall be specifications. If delivery instructions do
such contract, to any other person, the same as covered in the specifications, not appear on order, it will be interpreted to
company, or corporation, without the except as affected by normal wear and tear mean prompt delivery. The decision of CiTi
previous written consent of the school from use up to the time of trade-in. All or the school district as to reasonable
district. equipment is represented simply "as is." compliance with delivery terms shall be
Equipment is available for inspection only final. If a vendor is bidding a special order
40. Each bid will be received with the at the delivery point listed for new item that will extend the delivery time
understanding that the acceptance thereof in equipment, unless otherwise specified. outside of the specified time frame, this
writing by the board, to furnish any or all of must be noted in the bid for consideration
the items described therein shall constitute a during the award process.
General Conditions - Page 3 of 5

monies. It is understood that neither this
56. Each item on the Bid containing a contract nor any representation by any
Chemical Substance must be accompanied public employee or officer creates any legal
49. CiTi or the school district will not by a MATERIAL SAFETY DATA SHEET or moral obligation to request, appropriate
accept any deliveries on Saturdays, Sundays when delivered. Failure to include these or make available monies for the purpose of
or legal holidays, except commodities requisite data sheets will prohibit the the contract.
required for daily consumption or where the processing of payment.
delivery is for an emergency. 63. CiTi shall have the option, in its sole
discretion, to terminate an award agreement,
50. Items shall be packaged securely and at any time during the term hereof, for
properly for shipment, storage and stocking convenience and without cause. CiTi shall
in shipping containers and according to PAYMENTS exercise this option by giving Contractor
accepted commercial practice, without extra and/or Awarded Vendor written notice of
charge for packing cases, bailing or sacks. 57. Payment for the used portion of an termination. The notice shall specify the
inferior delivery will be made by CiTi or date on which termination shall become
51. The successful bidder shall be school district on an adjusted price basis. effective.
responsible for delivery of items in good
condition at the point of destination. He 58. Payment will be made only after correct LABOR LAW/PREVAILING WAGES
shall file with the carrier all claims for presentation of claim forms or invoices as
breakage, imperfections, and other losses, may be required. 64. By bidding on this contract, the
which will be deducted from invoices. The contractor is agreeing to comply with all
receiving school district will note for the 59. Payments of any claim shall not applicable requirements of NYS Labor Law.
benefit of successful bidder when packages preclude CiTi or the school district from The contractor shall conform to the
are not received in good condition making claim for adjustment on any item schedule of wages applicable to the
found not to have been in accordance with performance of the said contract and the
52. Unless otherwise stated in the the contract specifications. statutory requirements and rules of the State
specifications, all items must be delivered of New York.
into and placed at a point within the 60. The bidder shall state the amount of the
building as directed by the shipping discount that will be allowed for payment * Where delivery and installation of
instructions or the agent for the school terms of less than 30 days. In the absence of material is required, the contractor
district. The successful bidder will be such stated discount, payment will be made agrees to comply with Article 8-Public
required to furnish proof of delivery in approximately thirty days (30) after receipt Work, of the NYS Labor Law and its
every instance. of materials and invoice. current prevailing wage schedule.
53. Unloading and placing of the equipment SAVING CLAUSE * Where delivery in place is required,
and furniture is the responsibility of the the contractor agrees to comply with
successful bidder, and the school district 61. The successful bidder shall not be held Article 9, Prevailing Wages for
accepts no responsibility for unloading and responsible for any losses resulting if the Building Service Employees, of the
placing of equipment. Any costs incurred fulfillment of the terms of the contract shall NYS Labor Law and its current
due to the failure of the successful bidder to be delayed or prevented by wars, acts of prevailing wage schedule.
comply with this requirement will be public enemies, strikes, fires, floods, acts of
charged to him. No help for unloading will God or for any other acts not within the Each contractor who works on a public
be provided by CiTi or school district, and control of the successful bidder and which work project must maintain certified
suppliers should notify their truckers by the exercise of reasonable diligence he is payrolls and provide such payrolls, with
accordingly. unable to prevent. original certifications, to the contracting
agency at least once every 30 days. The
54. All deliveries shall be accompanied by CONTRACT TERMINATION filing of these certified payrolls shall be a
delivery tickets or packing slips. The ticket condition of payment.
shall contain the following information for 62. CiTi and/or the School Districts shall
each item delivered: have the right to terminate or reduce
individual orders without further obligation
a. Contract number and/or purchase order as of the end of the then current fiscal year
number in the event that CiTi or the School District
b. Name of article is on a contingent budget, fails to get a
c. Item number (if applicable) budgetary appropriation or experiences
d. Quantity approval of funding at a reduced amount for
e. Name of the successful bidder the continuation of individual orders for any
f. Carton shall be labeled with purchase subsequent fiscal year. CiTi or the School
order and contract number, successful District shall give bidder written notice of
bidder's name and general statement of termination or the reduction of orders within
contents. Failure to comply with this thirty days (30) of the failure to appropriate
condition shall be considered sufficient the necessary funding. This contract shall be
reason for refusal to accept the goods. deemed executory only to the extent of the
monies appropriated and available for the
55. The successful bidder shall supply all purpose of the contract, and no liability on
guarantees, service warranties, and manuals account thereof shall be incurred by the
where applicable. purchaser beyond the amount of such
General Conditions - Page 4 of 5