Ice Cream Re-Bid, B26-1201A

When submitting a sealed bid, please be sure to put the bid title and bid number on the outside of the envelope being mailed.
Please attach a completed W9 to your bid response.
Vendor:
Bid Contact: Ordering Contact:
Address: Ordering Address:
Phone #: Ordering Phone #:
Fax #: Ordering Fax #:
E-Mail: Ordering E-Mail:
Tax ID #: Web-Site:
Center for Instruction, Technology & Innovation (CiTi)
Oswego County Board of Cooperative Educational Services
179 County Route 64
Mexico, NY 13114
(315) 963-4414 phone
www.CiTiboces.org
www.CiTiboces.org/cooperativepurchasing
Specification and Instructions for the Supply of
Ice Cream
Bid Number: B26-1201A
Bid Contract Dates: August 1, 2026 to June 30, 2027
Date of Bid Opening: June 4, 2026 @ 1:00 p.m.
To be purchased by:
Altmar Parish Williamstown Central School District
Central Square Central School District
Hannibal Central School District
Mexico Academy & Central School District
Oswego City School District
Phoenix Central School District
Pulaski Academy & Central School District
Sandy Creek Central School District
Cooperative CiTi Bid Do not separate these sheets
Please refer all questions to:
Holly Cheeley, Bid Specialist
CooperativeBids@CiTiboces.org
179 County Route 64
Mexico, NY 13114
(315) 963-4414 phone
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.

B26-1201A Ice Cream
Oswego County Board of Cooperative Educational Services
Holly Cheeley, Bid Specialist
This is a Cooperative Bid involving the School Districts of: 9. In the event that the CiTi Business Office is closed due to
Altmar Parish Williamstown Central School District, Central unforeseen circumstances, the bid deadline will be extended to
Square Central School District, Hannibal Central School the next business day when CiTi is open for business. The time
District, Mexico Academy and Central School District, Oswego of day will remain 1:00 p.m.
City School District, Phoenix Central School District, Pulaski
Academy and Central School District, and Sandy Creek Central 10. A public bid opening will take place on June 4, 2026, at 1:00
School District.
p.m.
Bidding Instructions and Special Conditions for the
11. All public bid openings hosted by CiTi are made available
Submission of Vendor Responses
virtually via the Zoom platform. Bidders and members of the
public can join the live bid opening virtually by sending an
1. Sealed bids for furnishing and delivery of items as required and email request in advance of the opening date and time to:
as set forth in these specifications prepared by CiTi are sought Cooperativebids@CiTiboces.org. Bidders and members of the
at this time. public who wish to join the bid opening in-person must follow
all visitor policy guidelines when present on CiTi property.
2. Copies of the specifications may be obtained by contacting
Holly Cheeley, Bid Specialist at the Business Office of CiTi, 12. For Sealed Bid Submissions: Bidders must supply signed hard
179 County Route 64, Mexico, New York 13114, by calling copies of their completed bids in a sealed envelope marked
(315) 963-4414 or emailing CooperativeBids@CiTiboces.org with the name of the bidder and the bid number on the front of
Bid opportunities and current bids are available electronically the envelope to the address listed in the manner specified
at www.CiTiboces.org/cooperativepurchasing Bid specifications within the Bid Documents. CiTi also strongly encourages the
can also be found online at BidNet Direct: 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 "Vendor
Response Sheet Instructions" for information on how to
properly fill out the forms.
13. The CD or Flash Drive must be clearly labeled with the name
3. ALL questions with regard to this bid MUST be submitted in of the bid, the bid number, and the bidder's name.
writing. A form is included in this packet for this purpose.
Responses will be provided to all bidders in the form of an 14. All express envelopes must be clearly marked with the words
addendum. "Sealed Bid Enclosed" on the front of the outside envelope.
This is important in assuring that the bid is delivered properly.
4. Please email the bid questionnaire form that is attached as part The sealed bid envelope must be included in the express
envelope.
of this bid proposal to the attention of the Bid Specialist at:
CooperativeBids@CiTiboces.org
15. For Electronic Bid Submissions: Bidders must supply a
signed photocopy of the bid forms and a completed vendor
5. No questions will be entertained by any other means. All
response sheet (in excel format) via BidNet Direct. Please
questions must be submitted at least 10 business days prior to
refer to the "Vendor Response Sheet Instructions" for
the official bid opening. Questions received after this time may
information on how to properly fill out the forms.
not be addressed.
16. The proposal as presented shall remain valid for a minimum
Accepting Sealed OR Electronic Bid
period of sixty days (60) from the date of bid opening.
Submissions:
17. Bidder must insert the price per unit as specified and the price
6. SEALED BIDS must be received via mail, postal or shipping extension accordingly against each item bid. In the event of a
carrier at: CiTi, 179 County Route 64, Mexico, NY 13114 discrepancy between the unit price and the extension, the unit
until, but not later than 1:00 p.m. June 4, 2026. Sealed bid price will govern. Prices shall be extended in decimals, not
envelopes can also be hand-delivered to CiTi's Receiving fractions.
Department (Green Steel Building across the road from main
CiTi campus in Mexico). CiTi's Receiving Department is open 18. The quantities provided are estimated monthly numbers.
Monday - Friday 7:00 a.m. to 3:00 p.m. The contract will be for one year and may include summer
nutrition programs.
7. ELECTRONIC BIDS must be submitted via BidNet Direct no
later than 1:00 p.m. June 4, 2026. This is the ONLY manner in
which electronic submissions will be accepted.
8. Emailed or faxed bid responses are not acceptable.
Bid Information, Instructions and Special Conditions, Page 1 of 4

B26-1201A Ice Cream
Oswego County Board of Cooperative Educational Services
Holly Cheeley, Bid Specialist
19. In order to ascertain that bid items conform to the 28. CiTi reserves the right to reject any or all bids and to re-
specifications, vendors should provide CiTi with stock numbers advertise.
for reference during the analysis process. If CiTi is unable to Orders and Delivery
verify that the item bid conforms to the specifications through a
catalog, website or cut sheets, CiTi reserves the right to reject
29. Each participating School District will prepare its own
that item bid.
individual Purchase Order for its respective share of the bid.
Quantities listed on the bid are from the school districts listed
20. BIDDERS PLEASE NOTE: The words "Or Equivalent" shall as active participants.
be considered as added to each specification, except in
instances where "ONLY" or "NO SUB" is stated. CiTi reserves
30. Delivery is to be made to multiple locations in each School
the right to request samples of items where an equivalent is bid.
District as per the attached schedule. The Purchase Order shall
It is the responsibility of the bidder to notify the CiTi when
designate the place of delivery.
such substitutions are incorporated. Please note any
substitutions on the bid form. Please indicate your
31. Invoices shall be presented to each School District for the
Catalog/Vendor Item Number in the space provided on the
quantities ordered as per the Purchase Order.
electronic bid form. Vendors may be required to send
catalogs to the School Districts if requested.
32. Purchases made by the School Districts, because they are
21. A vendor's website link to the vendor's 'up to date' online governmental agencies, are not subject to any sales tax.
catalog may be accepted. The vendor's catalog/item number
must correlate to the item being bid to verify conformity to the 33. Quantities are monthly estimates only. Deliveries will be
item specification. A bid item will not be accepted if the adequate for one-week supply. The Distributor will be
vendor's catalog/item number does not provide or link to the notified the day before the scheduled date of delivery as to the
item's information as bid. ice cream for the School Districts for the following day. Any
item substitute must have prior approval from the Food Service
22. If the vendor is offering a substitute item with the same Director or Business Office.
packaging as the items specified, the vendor shall provide the
substitute information as well as the packaging information. 34. Ice cream deliveries are to be verified by a SCHOOL LUNCH
The bid software will not recognize the vendor's substitute employee before the ice cream delivery personnel place the ice
offer if the packaging information is not provided and will cream in the freezers. All deliveries must be accompanied by
not evaluate the bidders pricing for that item. Failure to an itemized delivery slip or invoice.
provide packaging information with a substituted item will
result in the rejection of the bid item. 35. Ice cream shall be delivered in vehicles properly designed for
that purpose, delivered in a frozen state and in clean and well-
23. The bidder shall not change or provide the bid sheets in a wrapped packages. Products must be delivered under sanitary
different format than the one provided. Any change in the conditions.
electronic format will prevent the CD or travel drive from
being read by the bid evaluation software and therefore will 36. A MATERIAL SAFETY DATA SHEET must accompany
result in the rejection of the bidders' submittal. each bid item delivered containing a Chemical Substance.
Failure to include these requisite data sheets will prohibit the
24. The following three (3) forms are included herein and form a processing of payment.
part of this bid proposal: 1. Bid Proposal Certifications (Non-
Collusion Bidding Certification and Conflict of Interest 37. After receipt of an order, the vendor agrees to call the district
Certification). 2. Exceptions or Limitations/Acknowledgement within three working days, concerning any out-of-stock items,
of Terms and Conditions. 3. Iran Divestment Act Certificate of or defect in the purchase order. If a district is forced to
Compliance. Failure to fully execute these three (3) statements purchase out of stock items or items not meeting specifications
will constitute grounds for rejection of a bid submission. from another vendor, the difference must be paid by the
original vendor.
25. The bidder shall state the discount that will be allowed in the
School Districts for prompt payment. In the absence of such a 38. During the scheduled delivery times, the vendor agrees to
stated discount, a payment will be made approximately thirty remove all damaged cases that are visible and all products that
days (30) after receipt of materials and invoice. are found damaged upon opening, or products which do not
meet specifications.
26. All bids are to be on the basis of delivery prepaid to
destination.
27. CiTi reserves the right to waive any informality on bids
received.
Bid Information, Instructions and Special Conditions, Page 2 of 4

B26-1201A Ice Cream
Oswego County Board of Cooperative Educational Services
Holly Cheeley, Bid Specialist
Special Instructions to Bidders
39. Pertinent information:
Ice Cream Products
Damaged 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 47. Vendors shall supply Label Samples of all Products
the following concerns: included in the bid. Provide only those which will be supplied
for the duration of the bid. Nutritional Data information must
a. Damaged cases discovered during and after delivery be provided with the bids. Bids submitted without the
b. Products that do not meet specifications necessary Nutritional Data Sheets will not be accepted.
c. Storage of such items Substitutes will not be accepted without prior approval from the
d. Ownership of such items individual school districts purchasing the product. Substitutes,
if accepted, must be of EQUAL OR BETTER QUALITY than
40. In any of the situations mentioned, the vendor is required to that of the original product specified in the bid.
pick up damaged goods at the time of delivery and immediately
issue credit. Additionally, if the discrepancies are not noted 48. PRODUCT SAMPLES may be requested after the bids are
until after receipt of the goods, the vendor agrees to pick up the opened. Do not submit product samples unless requested to do
items on the next delivery. In either event, if the vendor does so. Samples, as requested, will be evaluated on the basis of
not adhere to these terms, the district gains title to the property quality, taste, and serving size. Evaluation will be performed by
and needs only to maintain a record of the delivery date and the a representative panel of Food Service Directors from varying
item codes to be entitled to credit. school districts involved in this Cooperative Bid. The bidder's
responsiveness will be considered in determining the evaluation
Force Majeure results.
41. The successful bidder shall not be held responsible for any 49. The Award will be based on Cost, Quality, Appearance, and
Taste.
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 50. Monthly statements for ice cream sold under this contract shall
control of the successful bidder and which by the exercise of be submitted at the close of each calendar month. The School
reasonable diligence he/she is unable to prevent. Districts shall be billed on separate invoices. Bid submissions
should not include price stipulations indicating discounts if
42. Products and quantities listed on the bid are CiTi's best payments are received within a specified time frame.
estimate based on the projected instructional plan for CiTi and
participating school districts. If CiTi or the participating school 51. Bidder Notice: The bid determined to be second lowest shall
districts' instructional plans change due to unforeseen and/or a be held in force for a period not exceeding thirty days, (30),
force majeure event, the actual quantities purchased might also after performance by awarded bidder begins. In the event of the
change. cancellation or the defaulting of the contract, the CiTi reserves
the right to award the bid to the next low bidder or to re-bid the
Award package in the manner prescribed by law. In the absence of a
statement to the contrary, CiTi shall assume the stipulation is
agreed upon by the designated second low bidder. The awarded
43. Notice of Award shall be made to the successful bidder within
bidder, vendor, shall be held liable for monetary losses
sixty days (60) from the date of bid opening. The award for this
resulting from the vendor's failure to meet the stipulated
bid will take place at the July 15, 2026, CiTi Board Meeting.
delivery schedule, attached to and made part of this bid. These
include monetary losses resulting from the local purchase of the
44. The bid award will be in an aggregate manner, a line-by- awarded products.
line manner or by subcategory method.
52. Non-Discrimination: The vendor agrees and warrants that in
45. The CiTi/School District and the vendor will submit all the performance of this contract, the vendor will not
complaints in writing to the appropriate party(s) within four (4) discriminate against any person or group of persons on the
days of occurrence of any incident. The CiTi Cooperative grounds of race, color, religion, and national origin. The vendor
Bidding Office will maintain a file of all complaints that are further agrees and warrants that they will comply with all civil
submitted from both the CiTi/School District and the vendor. rights requirements promulgated by Congress, the State of New
York, and the State in which the producing plant(s) is located.
46. This will be an annual bid. The bid period will be from 08-01-
2026 to 06-30-2027. 53. Compliance: For the purpose of these specifications, all
finished products require production in plants that are in full
compliance with the Federal Pure Food & Drug Act, State, and
County Health Codes in the geographic location of the
producing plant, and as related to the production, handling, and
distribution of the products.
Bid Information, Instructions and Special Conditions, Page 3 of 4

B26-1201A Ice Cream
Oswego County Board of Cooperative Educational Services
Holly Cheeley, Bid Specialist
54. Non-Compliance: Finished products that fail to meet the
specifications of this contract shall be rejected. The vendor will
be notified by both email and phone, and dutiful replacements
will be requested. Where the vendor is unable to replace the
rejected products within sufficient time to meet the school
district's schedule, the district shall have the right to purchase
replacement of the rejected items on the open market charging
the difference in cost to the vendor. The continued failure on
the part of the vendor to meet the terms of this contract shall
constitute grounds for cancellation.
55. Bids for substitute products will be considered as long as they
meet the minimum requirements listed in the specifications.
Product Samples may be required.
56. To be considered a 'Choose Sensibly' product as determined by
the New York School Nutrition Association the following
guidelines for a snack must be met:
a. 7 grams or less of fat
b. 2 grams or less of saturated fat
c. 0 grams of trans fat
d. 15 grams or less of sugar
e. 360 milligrams or less of sodium
f. One serving per package
57. Failure to adhere to these instructions will constitute
grounds for rejection of the bid.
Bid Information, Instructions and Special Conditions, Page 4 of 4

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

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

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.
contract between the successful bidder and
General Conditions - Page 3 of 5

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 point of destination. He shall 58. Payment will be made only after correct LABOR LAW/PREVAILING WAGES
file with the carrier all claims for breakage, presentation of claim forms or invoices as
imperfections, and other losses, which will may be required. 64. By bidding on this contract, the
be deducted from invoices. The receiving contractor is agreeing to comply with all
school district will note for the benefit of 59. Payments of any claim shall not applicable requirements of NYS Labor Law.
successful bidder when packages are not preclude CiTi or school district from The contractor shall conform to the
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 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. 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
monies. It is understood that neither this
General Conditions - Page 4 of 5

NEW YORK STATE SEXUAL
HARASSMENT LAWS:
65. By submission of this Bid, each bidder
and each person signing on behalf of any
bidder certifies, and in the case of a joint bid
each party thereto certifies as to its own
organization, under penalty of perjury, that
the bidder has and has implemented a
written policy addressing sexual harassment
prevention in the workplace and provides
annual sexual harassment prevention
training to all of its employees. Such policy
shall, at a minimum, meet the requirements
of section two hundred one-g of the NYS
labor law. A model policy and training has
been created by the NYS Department of
Labor and can be found here:
https://www.ny.gov/programs/combating-
sexual-harassment-workplace
NON-DISCRIMINATION
REQUIREMENTS
66. In accordance with Article 5 of the
Executive Law (also known as the Human
Rights Law) and all other State and Federal
statutory and constitutional,
nondiscrimination provisions, the bidder
agrees that neither it nor its subcontractors
shall be reason of race, creed, color,
national origin, age, sex or disability: (a)
discriminate in hiring against any person
who is qualified and available to perform
the work; or (b) discriminate against or
intimidate any employee hired for the
performance of work under the Agreement.
CiTi does not discriminate on the basis of
sex in the educational program or activities
which it operates, and it is required by Title
IX of the Educational Amendments of 1972
not to discriminate in such a manner. This
policy of nondiscrimination includes the
following areas; recruitment and
appointment of employees; employment pay
and benefits; counseling services for
students; access by students to educational
program; course offering and student
activities.
General Conditions - Page 5 of 5