| Agency: | Glendale Unified School District |
|---|---|
| State: | California |
| Type of Government: | State & Local |
| NAICS Category: |
|
| Posted Date: | Jun 4, 2026 |
| Due Date: | Jun 17, 2026 |
| Original Source: | Please Login to View Page |
| Contact information: | Please Login to View Page |
| Bid Documents: | Please Login to View Page |
RFP 003-26/27 - Commercial Kitchen Equipment for Nutrition Services
Glendale Unified School District
Request for Proposal No. 003-26/27
Commercial Kitchen Equipment for Nutrition Services
Proposals must be received at:
Procurement & Contract Services Department
223 N. Jackson St., Room 305
Glendale, CA 91206
Attention: Barbara Howard, Director, Procurement & Contract Services
By:
June 17, 2026, at 12:00 PM local time
Read all conditions and instructions carefully.
Request for Proposal (RFP) documents available for download at the Procurement
& Contract Services Department webpage
Date Issued: May 28, 2026
Published: May 30, 2026 and June 6, 2026
Respondents are invited to provide information on products and services by providing a response
to this RFP and submitting to the address indicated in this document by the date and time
prescribed.
RFP No. 003-26-27
Commercial Kitchen Equipment for Nutrition Services
1
RFP NO. 003-26/27
Commercial Kitchen Equipment for Nutrition Services
TABLE OF CONTENTS
Sections
I. Request for Proposal (RFP) Notice 3
II. RFP Scope of Services 4
III. Terms and Conditions 4
IV. RFP Packet Submission Instructions and Terms 15
Forms/Worksheets/Other Documentation
A. Bidder Information Form 20
B. References Form 21
C. Experience Form 22
D. Bid Pricing Worksheet 23
E. Manufacturer Authorized Reseller/Distributor Letters 40
F. Exhibit A: Workers' Compensation Certification 41
G. Exhibit B: Fingerprinting/Criminal Background Investigation Certification 42
H. Exhibit C: Non Collusion Declaration 44
I. Exhibit D: Tuberculosis Clearance 45
J. Exhibit E: Governor Executive Order N-6-22 46
K. Exhibit F: Debarment and Suspension Certification Form 47
L. Exhibit G: Tobacco Use Policy 48
M. Exhibit H: Drug-Free Workplace Certification 49
N. Exhibit I: Certification Regarding Lobbying 51
O. Exhibit J: Iran Contracting Act of 2010 Compliance Affidavit 54
P. Insurance Documentation 56
Q. W-9 57
R. Bidder Certification 58
S. USDA Nondiscrimination Statement 60
RFP No. 003-26-27
Commercial Kitchen Equipment for Nutrition Services
2
| Azusa Unified School District, | |
|---|---|
| Baldwin Park Unified School District, Colton Joint Unified School District, Hacienda La Puente | |
| Unified School District, Paramount Unified School District, Lawndale Elementary School | |
| District and West Covina Unified School District for RFP No. 003-26/27. District is requesting | |
| proposals from manufacturers or factory authorized resellers/distributors for procurement of | |
| commercial kitchen equipment, and where applicable for services for delivery, set-in-place, | |
| installation, and/or haul away of replaced units and debris. The commercial equipment is for a | |
| total of 168 school cafeterias and district warehouses t |
Request for Proposal Notice
Notice is hereby given that the governing board ("Board") of the Glendale Unified School
District ("District") will receive sealed proposals up to but no later than 12:00 PM, June 17, 2026
for the following project ("Project" or "Contract"). Respondents to this request for proposal
(RFP) shall be referred to as "Bidder" or "Contractor". RFP shall also be referred to as "Bid".
RFP No. 003-26/27 Commercial Kitchen Equipment for Nutrition Services
Glendale Unified School District is the lead district on behalf of Azusa Unified School District,
Baldwin Park Unified School District, Colton Joint Unified School District, Hacienda La Puente
Unified School District, Paramount Unified School District, Lawndale Elementary School
District and West Covina Unified School District for RFP No. 003-26/27. District is requesting
proposals from manufacturers or factory authorized resellers/distributors for procurement of
commercial kitchen equipment, and where applicable for services for delivery, set-in-place,
installation, and/or haul away of replaced units and debris. The commercial equipment is for a
total of 168 school cafeterias and district warehouses to better serve meals to students.
Successful Contractor(s) can be awarded by category, multiple categories, or all categories of the
bid. Each proposal must conform and be responsive to the bid documents, terms, and conditions.
The District reserves the right to reject any or all bids or to waive any irregularities or
informalities in any bids or in the bidding process. No bidder may withdraw any bid for a period
of ninety (90) calendar days after the date set for the opening of the sealed proposals.
Contract documents will be available on or before May 28, 2026 for review at the District
Procurement & Contract Services website at: https://gusd.net/8464_3
The District may award the Contract, if it awards it at all, to the most responsive and responsible
bidder(s) that offer the best value at the lowest cost.
All inquiries regarding this bid must be submitted in writing and e-mailed to Barbara Howard at
BHoward@gusd.net no later than June 9, 2026.
Glendale Unified School District
By: Barbara Howard, Director, Procurement & Contract Services
Ad Published: May 30, 2026 and June 6, 2026
RFP No. 003-26-27
Commercial Kitchen Equipment for Nutrition Services
3
| Glendale Unified School District is the lead district on behalf of Azusa Unified School District, |
|---|
| Baldwin Park Unified School District, Colton Joint Unified School District, Hacienda La Puente |
| Unified School District, Paramount Unified School District, Lawndale Elementary School |
| District and West Covina Unified School District fo |
| proposals from manufacturers or factory authorized resellers/distributors for procurement of |
| 168 school cafeterias and district warehouses to better serve meals to students. | |
|---|---|
| Respondents to this request for proposal (RFP) shall be referred to as "Bidder" or "Contractor". | |
| RFP shall also be referred to as "Bid". |
| Azusa Unified School District: thirteen(13) site cafeterias and one (1) District Warehouse |
|---|
| Baldwin Park Unified School District: seventeen (17) site cafeterias and one (1) District |
| The successful Contractor(s) shall coordinate with each District for the procurement of |
|---|
| commercial equipment, and where applicable for services for delivery, set-in-place, installation, |
| and/or haul away of replaced units and debris. |
| Installation schedule shall be coordinated with each District for times that least disrupt student |
|---|
| meal services. Removal of old equipment may be on different days than delivery and installation. |
| ELIGIBILITY: Bidders must be either manufacturers or factory authorized resellers/distributors |
|---|
| for brands they are bidding and must be able to show proof of information. The manufacturer's |
| letter(s) shall indicate authorization to market, sell, distribute, warrant, or supply any product or |
| service offered by the manufacturer through the bidder named in the bidding documents. |
| BIDDERS INTERESTED IN MORE THAN ONE BID. No person, firm or corporation |
|---|
| shall be allowed to make, or file, or be interested in more than one bid for the same work |
| unless alternate bids are specifically called for by the District. A person, firm, or |
| corporation that has submitted a subproposal to a bidder, or that has quoted prices of |
Scope of Services
Glendale Unified School District is the lead district on behalf of Azusa Unified School District,
Baldwin Park Unified School District, Colton Joint Unified School District, Hacienda La Puente
Unified School District, Paramount Unified School District, Lawndale Elementary School
District and West Covina Unified School District for RFP No. 003-26/27. District is requesting
proposals from manufacturers or factory authorized resellers/distributors for procurement of
commercial kitchen equipment, and where applicable for services for delivery, set-in-place,
installation, and/or haul away of replaced units and debris. The commercial equipment is for a
total of 168 school cafeterias and district warehouses to better serve meals to students.
Respondents to this request for proposal (RFP) shall be referred to as "Bidder" or "Contractor".
RFP shall also be referred to as "Bid".
Glendale Unified School District: thirty-two (32) site cafeterias and one (1) District
Warehouse
Azusa Unified School District: thirteen(13) site cafeterias and one (1) District Warehouse
Baldwin Park Unified School District: seventeen (17) site cafeterias and one (1) District
Warehouse
Colton Joint Unified School District: twenty-eight (25) site cafeterias and one (1) District
Warehouse
Hacienda La Puente Unified School District: thirty (30) site cafeterias and one (1)
District Warehouse
Paramount Unified School District: nineteen (19) site cafeterias and one (1) District
Warehouse
Lawndale Elementary School District: nine (9) site cafeterias and one (1) District
Warehouse
West Covina Unified School District: fifteen (15) site cafeterias and one (1) District
Warehouse
The successful Contractor(s) shall coordinate with each District for the procurement of
commercial equipment, and where applicable for services for delivery, set-in-place, installation,
and/or haul away of replaced units and debris.
Installation schedule shall be coordinated with each District for times that least disrupt student
meal services. Removal of old equipment may be on different days than delivery and installation.
Terms and Conditions
ELIGIBILITY: Bidders must be either manufacturers or factory authorized resellers/distributors
for brands they are bidding and must be able to show proof of information. The manufacturer's
letter(s) shall indicate authorization to market, sell, distribute, warrant, or supply any product or
service offered by the manufacturer through the bidder named in the bidding documents.
BIDDERS INTERESTED IN MORE THAN ONE BID. No person, firm or corporation
shall be allowed to make, or file, or be interested in more than one bid for the same work
unless alternate bids are specifically called for by the District. A person, firm, or
corporation that has submitted a subproposal to a bidder, or that has quoted prices of
RFP No. 003-26-27
Commercial Kitchen Equipment for Nutrition Services
4
| materials to a bidder, is not thereby disqualified from submitting a proposal or quoting |
|---|
| prices to other bidders or submitting a bid. |
| (2) one year | |
|---|---|
| periods. Price increases may be negotiated at the time of renewal. However, any price increase | |
| shall be at the sole discretion of the District. The maximum term of the Agreement is three (3) |
| Contractors shall complete Bid Pricing Worksheets, Part A and/or | |
|---|---|
| Part B, that shall include all costs for orders to be fulfilled in its completeness (serving | |
| line equipment and services for delivery, installation, and haul away of replaced units and | |
| debris). Do not include California Sales or Use Taxes in unit prices. These taxes will be | |
| added and paid for by the District. Charges for the transportation, shipping, delivery, | |
| set-up, assembly, installation, handling of containers, and haul away of replaced | |
| equipment and debris shall be included in the price indicated on the Bid Form Pricing | |
| Sheet. Bid prices are to include shipping, F.O.B. Glendale Unified School District site | |
| locations, freight prepaid. Prices set forth in the Bid Form Pricing Sheet remain firm. | |
| Quote prices net including trade discounts. Supplier must provide GUSD with no less | |
| than thirty (30) days prior written notification of proposed increases, and no price | |
| increase will exceed the lesser of three percent (3%) or the annual increase in the Urban | |
| Consumer Price Index as published on March 1 of the prior year. |
| NO MAXIMUM OR MINIMUM QUANTITIES: The District does not guarantee that a |
|---|
| minimum or maximum amount will be purchased. District will not consider a bid to be |
| responsive to this solicitation if a minimum quantity purchase is required by the bidder. |
| PRICE ADJUSTMENTS: The District must be notified of any change in manufacturer |
|---|
| pricing over the Agreement period within thirty (30) days of any change. In the event of |
| a price decline, such lower prices are to be immediately extended to Glendale Unified |
materials to a bidder, is not thereby disqualified from submitting a proposal or quoting
prices to other bidders or submitting a bid.
TERM: The term of the Agreement is one (1) year. The Agreement may be extended upon
mutual written consent of the District and successful bidder for an additional two (2) one year
periods. Price increases may be negotiated at the time of renewal. However, any price increase
shall be at the sole discretion of the District. The maximum term of the Agreement is three (3)
years.
Piggybacking by Other Public Agencies. By submitting a bid, the contractor shall be
deemed and construed to have acknowledged and agreed that, to the extent permitted by
Public Contract Code sections 20118 and 20652, and during the period in which the
Agreement is in effect (including, without limitation, any extensions thereof), the
contractor shall allow other California public school districts and California community
college districts to procure commercial kitchen equipment and services for delivery,
installation, and haul away specified in the Agreement on the same terms and conditions
as set forth in the Agreement. The District hereby authorizes the purchase of the
commercial kitchen equipment directly from the contractor by the other school districts
and community college districts, and to make payment directly to the contractor under the
same terms and conditions that are applicable to the District under the Agreement.
COMPENSATION: District agrees to pay the Contractor for services satisfactorily rendered
pursuant to this RFP No. 003-26/27 as set forth in the Scope of Work. District shall pay
Contractor the amount set forth in the Cost Proposal according to the following terms and
conditions of this RFP No. 003-26/27.
COST PROPOSAL: Contractors shall complete Bid Pricing Worksheets, Part A and/or
Part B, that shall include all costs for orders to be fulfilled in its completeness (serving
line equipment and services for delivery, installation, and haul away of replaced units and
debris). Do not include California Sales or Use Taxes in unit prices. These taxes will be
added and paid for by the District. Charges for the transportation, shipping, delivery,
set-up, assembly, installation, handling of containers, and haul away of replaced
equipment and debris shall be included in the price indicated on the Bid Form Pricing
Sheet. Bid prices are to include shipping, F.O.B. Glendale Unified School District site
locations, freight prepaid. Prices set forth in the Bid Form Pricing Sheet remain firm.
Quote prices net including trade discounts. Supplier must provide GUSD with no less
than thirty (30) days prior written notification of proposed increases, and no price
increase will exceed the lesser of three percent (3%) or the annual increase in the Urban
Consumer Price Index as published on March 1 of the prior year.
NO MAXIMUM OR MINIMUM QUANTITIES: The District does not guarantee that a
minimum or maximum amount will be purchased. District will not consider a bid to be
responsive to this solicitation if a minimum quantity purchase is required by the bidder.
PRICE ADJUSTMENTS: The District must be notified of any change in manufacturer
pricing over the Agreement period within thirty (30) days of any change. In the event of
a price decline, such lower prices are to be immediately extended to Glendale Unified
RFP No. 003-26-27
Commercial Kitchen Equipment for Nutrition Services
5
| School District. In addition, within 24 hours of any price decrease, the District shall be |
|---|
| notified in writing of such changes and pending orders shall reflect the newer price. |
| DISCONTINUED AWARDED LINE ITEMS: Contractor is required to immediately |
|---|
| notify the District when manufacturers have discontinued awarded line item(s). Official |
| notification must be in written format via email referencing the bid number and line item |
| number with written proof from the manufacturer of the discontinued item. A |
| replacement will be considered if, and only if, the proposed replacement is equal to or |
| exceeds the discontinued line item(s) specifications, and is offered for an equal or lesser |
| price. Contractor shall provide substantiating information when requesting consideration |
| of a substitution as an equal. Notification must be in written format via email referencing |
| the bid number and the line item number and shall follow the requirements set forth in the |
| parameters for "Or Equal"/Substitutions in the section, |
School District. In addition, within 24 hours of any price decrease, the District shall be
notified in writing of such changes and pending orders shall reflect the newer price.
DISCONTINUED AWARDED LINE ITEMS: Contractor is required to immediately
notify the District when manufacturers have discontinued awarded line item(s). Official
notification must be in written format via email referencing the bid number and line item
number with written proof from the manufacturer of the discontinued item. A
replacement will be considered if, and only if, the proposed replacement is equal to or
exceeds the discontinued line item(s) specifications, and is offered for an equal or lesser
price. Contractor shall provide substantiating information when requesting consideration
of a substitution as an equal. Notification must be in written format via email referencing
the bid number and the line item number and shall follow the requirements set forth in the
parameters for "Or Equal"/Substitutions in the section, RFP Packet Submission
Instructions and Terms.
EXPENSES: District shall not be liable to Contractor for any costs or expenses paid or
incurred by Contractor in performing services for District that are not specifically identified in
the Cost Proposal and factored into the compensation paid by the District to the Contractor.
MATERIALS: Contractor shall furnish, at its own expense, all labor, materials, equipment,
supplies and other items necessary to complete the services to be provided pursuant to this RFP
No.003-26/27.
DELIVERIES: Time of delivery of goods or services is of the essence in this RFP. District
reserves the right to refuse any goods or services and to cancel all or any part of the goods not
conforming to applicable specifications, drawings, samples or descriptions or services that do not
conform to the prescribed statement of work. Acceptance of any part of the order of goods shall
not require the District to accept shipments nor deprive it of the right to return goods already
accepted at Contractor's expense. Over shipments and under shipments of goods shall be only as
agreed to in writing by District. Delivery shall not be deemed to be complete until all goods or
services have actually been received and accepted in writing by District
All equipment or supplies, unless otherwise specified, must be delivered ready for use, within the
time frame indicated by the purchase order. Destination will be designated within the boundaries
of the Glendale Unified School District and within the boundaries of the Districts here in named
in this RFP. Actual delivery dates must be coordinated with the District(s). All shipments shall be
accompanied by a packing slip. Purchase order number shall appear on all packing slips,
invoices, and packages. All equipment shall be subject to inspection by the District and
acceptance or rejection by the District at time of delivery. Any dented, damaged or unlabeled
containers/boxes will be rejected and returned at the bidder's expense. Any equipment received
by the District which within thirty (30) calendar days of delivery, is deemed inoperable or
damaged shall be returned to the bidder for repair or exchange at the bidder's expense. The
District requires that the Contractor states the expected lead time for the equipment to be
furnished under the Agreement. Twenty-four (24) hour notice shall be given to the District
representative listed on the purchase order prior to any deliveries. All shipping materials shall be
removed from site by the Contractor.
RFP No. 003-26-27
Commercial Kitchen Equipment for Nutrition Services
6
| PREVAILING WAGES FOR EQUIPMENT INSTALLATION: If the installation project |
|---|
| constitutes a "public works project" under California Labor Code Sections 1720 et seq. and the |
| California Code of Regulations, Article 2, Section 16001. All installation work performed under |
| this contract shall be subject to the payment of prevailing wages as determined by the Director of |
| the Department of Industrial Relations (DIR) for the applicable trade classification, locality, and |
| determination period. |
| The successful bidder shall pay not less than the general prevailing hourly wage rates for each |
| craft, classification, or type of work required to perform the Contract, as published by DIR on the |
| DIR's Intern website at https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. |
| The bidder shall comply with all applicable state and federal requirements governing the use of |
| apprentices and helpers, including certified payroll reporting. In cases of conflict between the |
| Federal Davis-Bacon Act wage scale and California prevailing wage rates, the higher wage shall |
| apply. All contractors and subcontractors performing installation work when and if applicable |
| must be registered with the DIR before bidding and remain registered throughout the project |
| term. |
PREVAILING WAGES FOR EQUIPMENT INSTALLATION: If the installation project
constitutes a "public works project" under California Labor Code Sections 1720 et seq. and the
California Code of Regulations, Article 2, Section 16001. All installation work performed under
this contract shall be subject to the payment of prevailing wages as determined by the Director of
the Department of Industrial Relations (DIR) for the applicable trade classification, locality, and
determination period.
The successful bidder shall pay not less than the general prevailing hourly wage rates for each
craft, classification, or type of work required to perform the Contract, as published by DIR on the
DIR's Intern website at https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.
The bidder shall comply with all applicable state and federal requirements governing the use of
apprentices and helpers, including certified payroll reporting. In cases of conflict between the
Federal Davis-Bacon Act wage scale and California prevailing wage rates, the higher wage shall
apply. All contractors and subcontractors performing installation work when and if applicable
must be registered with the DIR before bidding and remain registered throughout the project
term.
PAYMENTS: Payments may be invoiced after actual delivery to the required destination.
Unless otherwise specified in writing, each month within thirty (30) days after receipt by the
District and an undisputed, properly submitted payment request from Bidder, shall be paid for
work performed and for equipment delivered to the site and inspected and approved by District.
Invoices should be submitted to the Accounts Payable Department, Glendale Unified School
District, 223 N. Jackson Street, Glendale, CA 91206. A copy of the invoices shall be provided to
the Nutrition Services Department.
INDEPENDENT CONTRACTOR: In the performance of this the scope of work, the successful
Bidder shall be and act as an independent contractor. Contractor understands and agrees that it
and all of its employees shall not be considered officers, employees, agents, partner, or joint
venture of the District, and are not entitled to benefits of any kind or nature normally provided to
employees of the District and/or to which District's employees are normally entitled, including,
but not limited to, State Unemployment Compensation or Workers' Compensation. Contractor
shall assume full responsibility for payment of all federal, state and local taxes or contributions,
including unemployment insurance, social security and income taxes with respect to Contractor's
employees. In the performance of the work herein contemplated, Contractor is an independent
contractor or business entity, with the sole authority for controlling and directing the
performance of the details of the work, District being interested only in the results obtained.
JOINT EMPLOYER: Neither Party shall be deemed a joint employer of the other Party's
employees. Each Party shall indemnify the other Party from and against claims made by the
indemnifying Party's employees that they are co-employed by the other Party. The
indemnification requirements set forth in paragraph 11 shall be applicable to the indemnification
obligations of each Party under this paragraph. Neither Party's employees will be deemed
"leased" employees of the other for any purpose. In connection with this Agreement, each Party
is an independent contractor and does not have any authority to bind or commit the other.
RFP No. 003-26-27
Commercial Kitchen Equipment for Nutrition Services
7
CONTRACTOR'S EMPLOYEE PROCESSING:
I. Employee Eligibility Verification: The Contractor shall warrant it fully complies with
all Federal and State statutes and regulations regarding the employment of aliens and
others and that all its employees performing work under this RFP meet the citizenship or
alien status requirement set forth in Federal statutes and regulations. The Bidder shall
obtain, from all employees performing work hereunder, all verification and other
documentation of employment eligibility status required by Federal or State statutes and
regulations including, but not limited to, the Immigration Reform and Control Act of
1986, 8 U.S.C. 1324 et seq., as they currently exist and as they may be hereafter
amended. The Bidder shall retain all such documentation for all covered employees for
the period prescribed by the law. The Bidder shall indemnify, defend with counsel
approved in writing by District, and hold harmless, the District, its agents, officers, and
employees from employer sanctions and any other liability which may be assessed
against the Bidder or the District or both in connection with any alleged violation of any
Federal or State statutes or regulations pertaining to the eligibility for employment of any
persons performing work for the RFP.
II. Fingerprinting and Criminal Background Check: Contractor shall complete the
background check requirements of California Education Code section 45125.1 for all of
its employees who will be working on the District's school sites with students. The
Contractor shall not staff the program with any employees who have been convicted of a
violent felony listed in California Penal Code section 1192.7(c). Bidder shall provide the
District with fingerprinting/criminal background check for all employees who will be
used to staff the program.
III. Tuberculosis Clearance: Contractor will ensure that all of its employees who will be
working on the District's school sites with students are determined to be free of active
tuberculosis by a medical professional. Bidder shall submit documentation to the District
verifying that all of its employees who will be working on the District's school sites are
determined to be free of active tuberculosis.
CONDUCT ON DISTRICT PREMISES: Contractor shall, at all times, comply with and
abide by all reasonable policies and procedures of the District (or that may be established
thereby, from time to time) that pertain to conduct on the District's premises, possession or
distribution of contraband, or the access to, and security of, the District's real property or
facilities, to the extent that the Bidder has been provided with a copy of each such policy or
procedure. Bidder shall exercise due care and diligence to prevent any injury to persons or
damage to property while on the District's premises. The operation of vehicles by the
Contractor's personnel on the District's property shall conform to posted and other applicable
regulations and safe-driving practices. Vehicular accidents occurring on the District's property
and involving either Party's personnel shall be reported promptly to the appropriate Party. Each
Party covenants that at all times during the term it, and its employees, agents, and Subcontractors
shall comply with, and take no action that results in the other Party being in violation of, any
applicable federal, state, and local laws, ordinances, regulations, and rules. Each Party's
personnel shall clearly identify themselves as the appropriate Party's personnel and not as
employees of the other Party. When on the District's premises, Bidder's personnel shall wear and
clearly display identification badges or tags, as approved by the District . Contractor's employees
shall not smoke or use profanity or other inappropriate language while on site. Contractor's
employees shall not enter the facility while under the influence of alcohol, drugs or other
intoxicants and shall not have such materials in their possession. Contractor's employees shall
RFP No. 003-26-27
Commercial Kitchen Equipment for Nutrition Services
8
| CUSTOMER SERVICE. Customer service assistance whether on the phone or via email |
|---|
| might be required by the District. The Contractor will provide the needed phone |
| assistance in a professional manner and will reply to district personnel within 24 hours of |
| the received email. In the case of services that need to be performed onsite, the |
| Contractor will provide onsite assistance within the next business day of the District's |
| request. |
| DISPUTES: In the event of a dispute between the parties as to performance of the work, |
|---|
| the interpretation of this Agreement or payment or nonpayment for work performed or |
| not performed, the parties shall attempt to resolve the dispute. Pending resolution of the |
| dispute, the Contractor agrees to continue the work diligently to completion. If the |
| dispute is not resolved, Contractor agrees it will neither rescind the Agreement nor stop |
| the progress of the work, but Contractor's sole remedy shall be to submit such |
| controversy to determination by a court of the State of California, in Los Angeles County, |
| having competent jurisdiction of the |
plan their activities to minimize the number of times they must enter and exit a facility. Bidder's
personnel should transport all tools, equipment and materials needed for the day at the start of
the work period and restrict all breaks to the absolute minimum.
CUSTOMER SERVICE. Customer service assistance whether on the phone or via email
might be required by the District. The Contractor will provide the needed phone
assistance in a professional manner and will reply to district personnel within 24 hours of
the received email. In the case of services that need to be performed onsite, the
Contractor will provide onsite assistance within the next business day of the District's
request.
DISPUTES: In the event of a dispute between the parties as to performance of the work,
the interpretation of this Agreement or payment or nonpayment for work performed or
not performed, the parties shall attempt to resolve the dispute. Pending resolution of the
dispute, the Contractor agrees to continue the work diligently to completion. If the
dispute is not resolved, Contractor agrees it will neither rescind the Agreement nor stop
the progress of the work, but Contractor's sole remedy shall be to submit such
controversy to determination by a court of the State of California, in Los Angeles County,
having competent jurisdiction of the dispute, after the work has been completed, and not
before.
ANTI-DISCRIMINATION: District programs, activities, practices shall be free from
discrimination based on race, color, ancestry, national origin, ethnic group identification, age,
religion, marital or parental status, physical or mental disability, sex, sexual orientation, gender,
gender identity or expression, or genetic information; the perception of one or more of such
characteristics; or association with a person or group with one or more of these actual or
perceived characteristics and therefore the Contractor agrees to comply with applicable Federal
and California laws including, but not limited to the California Fair Employment and Housing
Act beginning with Government Code Section 12900 and Labor Code Section 1735 and District
policy. In addition, the Contractor agrees to require like compliance by all of its subcontractor(s).
INDEMNIFICATION: To the furthest extent permitted by California law, Bidder shall
defend, indemnify, and hold free and harmless the District, its Board of Education, agents,
representatives, officers, contractors, employees, trustees, and volunteers ("the Indemnified
Parties") from any and all claims, demands, causes of action, suits, actions, costs, expenses,
judgments, liability, loss, damage or injury of any kind, nature and description, in law or equity
("Claim"), to property or persons including, but not limited to, personal injury, bodily injury,
death, property damage, and Contractors' and/or attorneys' fees and costs, directly or indirectly
arising out of, connected with, or resulting from the negligence, recklessness, errors or
omissions, or willful misconduct of Bidder, its officials, officers, employees, subcontractors,
contractors, or agents, directly or indirectly arising out of, connected with, or resulting from the
performance of the Services, the Project, or this RFP, including without limitation the payment
of all consequential damages; or from any activity, work, or thing done, permitted, or suffered by the
Bidder in conjunction with this RFP, unless the claims are caused wholly by the sole negligence or willful
misconduct of the District. The District shall have the right to accept or reject any legal representation that
Bidder proposes to defend the Indemnified Parties.
LIMITATION OF DISTRICT LIABILITY: Other than as provided in this RFP, the District's
financial obligations under this RFP shall be limited to the payment of the compensation
RFP No. 003-26-27
Commercial Kitchen Equipment for Nutrition Services
9
provided in this RFP. Notwithstanding any other provision of this Agreement, in no event, shall
the District be liable, regardless of whether any claim is based on contract or tort, for any
special, consequential, indirect or incidental damages, including, but not limited to, lost profits
or revenue, arising out of or in connection with this RFP for the services performed in
connection with this RFP.
CONFIDENTIALITY: The Contractor and all bidders's agents, personnel, employee(s),
and/or subcontractor(s) shall maintain the confidentiality of all information received in the
course of performing the Services. Bidder understands that student records are confidential and
agrees to comply with all state and federal laws concerning the maintenance and disclosure of
student records. This requirement to maintain confidentiality shall extend beyond the termination
of this RFP. Both Parties will maintain in confidence and safeguard all confidential information,
as defined in this paragraph, of the other Party, its affiliates, and its customers. "Confidential
Information" means any information that is marked or otherwise identified as confidential or
proprietary at the time of disclosure or by law, and includes but is not limited to, trade secrets,
know-how, inventions, techniques, data, customers list, personal information, financial
information, sales, and marketing plans of the other Party, its affiliates, or its customers. Both
Parties recognize and acknowledge the confidential and proprietary nature of any Confidential
Information and acknowledge the irreparable harm that could result if such confidential
information is disclosed to a third Party or used for unauthorized purposes. Each Party agrees to
use any Confidential Information only for the purpose of conducting business with each other
and their clients in the manner contemplated by this Agreement. Both Parties will restrict
disclosure of any Confidential Information to only those personnel who have a need to know and
will bind such personnel to obligations of confidentiality to the same extent that each Party is
bound by this RFP. Upon request of the owner of the confidential information, the other Party
will promptly return or destroy all materials incorporating any Confidential Information and any
copies. The obligation under this paragraph do not apply to information that: 1) is or becomes
generally known or in the public domain through no act or omission of the other Party; 2) was
lawfully in District's or Client's possession without restriction as to use or disclosure before its
receipt from the other Party; 3) is received from, or was made available to, a third Party without
any obligation of confidentiality; 4) was independently developed; 5) is otherwise permitted to
be disclosed under this Agreement; 6) is disclosed with the prior written consent of the
disclosing Party; or 7) is required to be disclosed in any civil or criminal legal proceeding,
regulatory proceeding or any similar process, however, the Party required to make the disclosure
under the law shall give prompt notice of this to the other Party prior to such disclosure so that
the other Party may seek an appropriate protective order or give its consent to such disclosure
RFP No. 003-26-27
Commercial Kitchen Equipment for Nutrition Services
10
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Project: Child Nutrition Serving Counter Equipment Ref. #: RFB #2026-07 Department: Purchasing Type:
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