Request for Proposal (RFP) for FARM TO SCHOOL FRESH ...nutritionservices.mpls.k12.mn.us/uploads/2017-2018... · MPS FARM TO SCHOOL RFP # 17-9 1 Minneapolis Public Schools ... 12

MPS FARM TO SCHOOL RFP # 17-9

1 Minneapolis Public Schools 812 Plymouth Avenue North

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Request for Proposal (RFP) for FARM TO SCHOOL FRESH PRODUCE

RFP: 17-9 Minneapolis Public Schools - Special School District No. 1

812 Plymouth Avenue North

Minneapolis, Minnesota 55411

Farm to School Coordinator: Kate Seybold Business Manager: Michele Carroll Procurement Manager: Vivian Blini

Issued: February 1, 2017



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TABLE OF CONTENTS

I. Overview A. Project Objective B. Schedule of Proposal C. Mandatory Intention to Submit

Proposals – Online Form D. Submission of Written Questions E. Mandatory Pre-Bid Conference Call F. Changes to the RFP G. Preparation of Proposal H. Submission of Proposals I. Withdrawal of Proposals J. Evaluation and Selection Process

K. Effective Period of Proposals L. Bid Reservations M. Notifications of Unsuccessful Vendors N. Contract Negotiations O. Award of Contract P. Contract Term Q. Disposition of Proposals R. Cost Incurred in Responding S. Assignment T. Causes for Termination

II. Scope of Services

A. Project Background B. Farm to School Goals/Values C. Culinary & Wellness Services Structure D. Description of Expected Services

1. DOCUMENTATION 2. FOOD SAFETY 3. WORKSHOP ATTENDANCE 4. SITE VISIT AND FOLLOW-UP 5. INSURANCE COVERAGE 6. SPECIFICATIONS AND PACK SIZES 7. QUALITY ASSURANCE 8. TRACEABILITY 9. ORDERING 10. DELIVERY 11. INVOICING & PAYMENT REQUIREMENTS 12. AUDITS 13. EDUCATION AND ENGAGEMENT

III. MPS Appendix Documents 1. Response Cover Page 2. Response Form 3. Pricing and Availability Form 4. Reference Pricing 5. Selection Criteria 6. Sample Contract



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SECTION I: OVERVIEW

A. Project Objective

Minneapolis Public Schools (MPS) is seeking proposals from organizations and individuals wishing to provide specific Farm to School fresh produce items available locally and seasonally for the 2017-2018 school year.

Minneapolis Public Schools or Special School District Number 1 (the District) is a school district that is coterminous with the City of Minneapolis, Minnesota. The District covers over 70 school programs at 65 sites, with approximately 35,000 students and 3,200 teaching staff.

The District’s Farm to School program aims to provide students fresh, high-quality produce and education about local food, nutrition and sustainable agriculture. The District is particularly interested in partnering with small to medium sized farmers, beginning farmers, farms in which families own or control decision making on the farm, and farms owned or operated by minority and/or immigrant farmers. The District defines “local” as within 250 miles of Minneapolis. More information about the Culinary & Wellness Services Department and Farm to School Program can be found at http://nutritionservices.mpls.k12.mn.us/f2s_program.

The District intends to select multiple individuals or organizations to provide Farm to School fresh produce items. To facilitate the submission and evaluation of proposals, this request for proposals provides additional relevant background information regarding MPS.

RFP Primary Objective 1: To identify vendor partners interested in collaborating with the District to grow its Farm to School program in a way that is mutually beneficial to the District and farmers.

RFP Primary Objective 2: Gain a thorough understanding of the supply available of high quality produce from qualified vendors in order to procure farm to school produce for the next school year or more.

RFP Primary Objective 3: Gain a thorough understanding of the farm to school produce total proposed costs for the next school year.

B. Schedule of Proposal 1. Issue RFP: Wednesday February 1, 2017 2. Mandatory Intention to Submit Form Due: 12:00 PM Wednesday February 15, 20173. Deadline for Written Questions:4. Mandatory Pre-Bid Conference Call:5. Responses to Questions Posted:6. Proposals Due:7. Finalists Selected & Notified:8. Final Award Bid – Selection:9. Implementation:

4:00 PM Friday February 17, 2017 10:00 AM Monday, February 20, 2017 4:00 PM Tuesday, February 21, 2017 2:00 PM Monday, February 27, 2017 Friday, March 3, 2017 Friday, March 10, 2017 Tuesday, August 1, 2017

C. Mandatory Intention to Submit Proposals – Online Form In order for your organization to receive updates to this Request for Proposal, including responses to submitted questions, please complete the mandatory Intention to Submit a Proposal Form at https://goo.gl/forms/RfBv0h30hbUa8U6N2 by 12:00 PM Wednesday February 15, 2017. This will allow

http://nutritionservices.mpls.k12.mn.us/f2s_program

https://goo.gl/forms/RfBv0h30hbUa8U6N2



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the District to provide timely information to interested parties. This form is a mandatory form. If this is not submitted by 12:00 PM Wednesday February 15, 2017, the organization will not be able to participate in the Farm to School Produce RFP #17-9. Questions about the Intent to Submit a Proposal Form may be directed to Kate Seybold at [email protected] or 612-668-2852.

D. Submission of Written Questions All questions about the RFP shall be submitted by e-mail by 4:00 PM Friday February 17, 2017 to: Kate Seybold, [email protected]. The District will email written responses to questions from prospective Proposers to all registered through Intention to Submit Form. Responses will also be posted on the MPS Culinary & Wellness Services website at http://nutritionservices.mpls.k12.mn.us/farms no later than 4:00 p.m. Tuesday, February 21, 2017.

There will be an opportunity at the Pre-Bid Conference Call to ask additional questions; however, after 4:00 PM Friday February 17, 2017 no other questions or inquiries will be allowed. Any unauthorized contact with any other district official or employee in connection with this RFP is prohibited and shall be cause for disqualification of the proposer.

E. Mandatory Pre-Bid Conference Call The District will hold a mandatory pre-bid conference call at 10:00 AM Monday, February 20, 2017 Central Standard Time. The District will review responses to any written questions submitted and answer any additional follow-up questions at this time.

The Mandatory Pre-Bid Conference Call Number will be emailed to all organizations who complete the Intention to Submit Form by 12:00 PM Wednesday February 15, 2017. Participants will call the provided number at 10:00 AM Monday, February 20, 2017 Central Standard Time.

F. Changes to the RFP Vendors who fill out the mandatory Intention to Submit Form for this RFP will be notified by email of any changes in the specifications contained in this RFP. If any changes are issued to this RFP, a good faith attempt will be made to deliver the additional information to those persons or firms who, according to the records of MPS, have previously received a copy of and are registered (on the Intent to Submit form) with the District for this RFP.

G. Preparation of Proposal 1. Careful attention must be paid to all requested items contained in this Request for Proposal. Please

read the entire package before bidding. Each proposal shall be prepared simply and economicallyavoiding the use of elaborate promotional materials beyond what is sufficient to provide a complete,accurate, and reliable presentation.

2. Some respondents may wish to submit additional supplemental materials to support responses toquestions in the Response Form in an Appendix. If an applicant intends to include supplementalmaterials, separate appendices for each part must be developed. Each appendix should be clearlylabeled (e.g., Appendix A: Financial Records, etc.).

3. All appendix materials must be labeled with the name of the organization. Although there is no pagelimitation for the Appendix, the appendix should not be excessive in length. Applicants should alsoensure the appendix items are appropriately described and referenced in the Response Form.

4. All responses should include the following completed forms submitted in the appropriate order.No cover letters will be accepted. Do not include a copy of this RFP with response.

http://nutritionservices.mpls.k12.mn.us/farms



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a. Response Cover Page (See Appendix 1) b. Response Form (See Appendix 2) c. Pricing and Availability Form (See Appendix 3) d. Appendix Materials (as needed, optional)

5. Circumstances that may lead to a response not being reviewed and/or selected: a. Response was received after the deadline date or time. b. Applicant’s previous clients have significant complaints regarding the quality of the Title

services, communication issues, or other problems. c. Any section of the RFP is missing or incomplete. d. The response does not meet length, font, or other formatting requirements.

H. Submission of Proposals In order to be considered for selection, organizations must submit a signed physical and electronic (.pdf) response to this solicitation no later than 2:00 PM Monday, February 27, 2017. Responses should include all components listed in N. 4 above. Late proposals shall not be accepted. One physical copy and one electronic copy on a USB flash drive must be submitted to:

Kate Seybold Minneapolis Public Schools Culinary & Wellness Services 812 Plymouth Avenue North Minneapolis, MN 55411

No other distribution of the proposal shall be made by the organization. It is the sole responsibility of the organization to assure that the proposal is delivered to the designated district office in Item H, above, prior to the deadline. No proposal received after the deadline will be considered. No unsolicited, corrected, or resubmitted proposals will be accepted after the proposal submission deadline. USB flash drives will not be returned.

I. Withdrawal of Proposals

A proposal may be withdrawn by the vendor prior to the date and time for submittal of proposals by means of a written request signed by the vendor or its properly authorized representative. Such written request must be sent to Kate Seybold at [email protected] or 812 Plymouth Avenue North, Minneapolis, MN 55411. This written request can be either electronic or a hard copy format.

J. Evaluation and Selection Process

1. The Farm to School Produce Evaluation Committee members will be comprised of members of the Culinary & Wellness Services Department.

1. Proposals, responses, and references will be included as the Evaluation Committee recommends finalists for the District. Upon approval from the authorized District signer, the District will then proceed with contract discussions with the selected vendor(s). The District has no liability to any vendor participating in this RFP process prior to when the authorized District signer signs a contract to that vendor.

2. The Evaluation Committee shall evaluate all proposals to determine which meet the minimum service/product requirements, without regard to price. This evaluation may, at the Evaluation Committee’s discretion, be augmented by verbal or written requests for clarification, or additional information as necessary to determine whether the vendor requirements can be met. The Evaluation Committee can contact references supplied in vendor proposals. Findings from these inquiries will be included in the assessment of products for selecting finalists.



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3. The Evaluation Committee will then only consider those proposals that meet the vendor requirements for further evaluation.

4. Proposal selections will be determined by the Evaluation Committee reaching consensus. The Farm to School Produce Evaluation Committee members will use the selection criteria in Appendix 5 to evaluate the responses to the questions outlined in this RFP.

5. Finalists will be informed of specific produce items awarded, and asked which items the finalist would like to move forward with to establish a contract. For example, if a finalist is ranked first for providing cucumbers, green peppers and carrots but is unable to provide all three, the first ranked organization may turn down the carrots and the next ranked organization for carrots will be awarded carrots.

K. Effective Period of Proposals Proposals must remain in effect until March 31, 2017 or until a contract is finalized, whichever comes first. While the District intends to notify finalists by Friday, March 3, 2017, the District will have until March 31, 2017 to accept or reject the proposal under the terms proposed.

L. Bid Reservations

Notwithstanding any other provisions of this RFP, the District reserves the right to award this contract to the organization(s) that best meet the requirements of the RFP, and not necessarily, to the lowest cost Proposer. Further, the District reserves the right to reject any or all bids, to award in whole or part, and to waive minor immaterial defects in bids. The District may consider, at its sole discretion, any alternative bid.

M. Notifications of Unsuccessful Vendors

The Evaluation Committee through the Culinary & Wellness Services department shall notify all vendors no later than Friday, March 3, 2017 of the award recommendation and approval to proceed.

N. Contract Negotiations

Negotiations may include all aspects of services and fees and may include further clarification of bid pricing. After a review of the proposals and any necessary follow up requests for information as deemed by the District, the District intends to notify finalists and enter into contract negotiations with the selected organization(s). If an agreement with the selected organization is not finalized within 90 business days, the District reserves the right to open negotiations with the next ranked organization(s).

O. Award of Contract

The District intends to make awards in part (by product) to multiple organizations; however, the District reserves the right to award in part or as a whole, whichever is deemed most advantageous to the District.

The selected organization(s) shall be required to enter into a written contract or contracts with the District in a form approved by legal counsel for the District. Please see Appendix 6 for a sample contract. This RFP and the proposal, or any part thereof, may be incorporated into and made a part of the final contract(s). The District reserves the right to negotiate the terms and conditions of the contract(s) with the selected Proposer(s). Contract specifics will be negotiated with individual vendors and will vary based on the size of the contract, among other factors. Vendors may propose their own contracts and terms subject to approval by legal counsel for the District.



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P. Contract Term It is the intent to award the contract(s) for an initial one year period with the option to renew it for three, additional one-year periods for a possible total contract term of four years. The decision to renew the contract(s) will be at the sole discretion of the District and agreement by both parties.

Proposers must agree to fix contract fees for the first year. If the organization intends to revise its fee schedule after the initial one year period, it must give written notice to the District 90 days in advance of any fee change. Fees may be changed only on the contract expiration date with 90 days notice. These fees are subject to negotiation and approval by the District.

Q. Disposition of Proposals

All materials submitted in response to this RFP will become the property of the District. All information submitted is considered public and may be disclosed to third parties.

R. Cost Incurred in Responding

This solicitation does not commit the District to pay any costs incurred in the preparation and submission of proposals or in making necessary studies for the preparation thereof, nor to procure or contract for services.

S. Assignment

The successful proposer shall not assign, transfer, convey, or otherwise dispose of the contract, or right, title of interest, or power to execute such a contract to any person, firm, or corporation without the previous consent in writing by the District.

T. Causes for Termination

The District intends for contracts to be mutually beneficial to both the organizations and the District, and seeks to keep communication open and collaborative in order to mitigate causes for termination. Causes for termination of the agreement may include any of the following: Failure to promptly and faithfully provide the services required at the prices indicated in the Proposal; violation of any law governing services provided to the District; failure to cooperate upon receiving any reasonable request for information or service; or improper actions of the officers or employees, which in the opinion of the District, would adversely affect its interest, or endanger the structure of the proposing organization such as a spin off or merger which materially affects the terms of this agreement. The District or vendor may terminate the agreement without cause on 90-days notice. The District or vendor may terminate the agreement with cause on 30 days notice.

SECTION II: SCOPE OF SERVICES

A. Project Background This section begins with some background information on the District and then discusses the overall expectations for Farm to School produce procurement. The Minneapolis Public Schools is the third largest K-12 district in Minnesota. Minneapolis, located in Hennepin County, is the largest city in the state of Minnesota, and is the 46th largest in the United States. The District covers 75 school programs at 65 sites, with approximately 36,000 students and 3,600 teaching staff.



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Growth projection: Stable Interim Superintendent: Ed Graff Chief Financial Officer: Ibrahima Diop Procurement Manager: Vivian Blini Culinary & Wellness Services Business Manager: Michele Carroll Culinary & Wellness Service Buyer: Laura Anderson Culinary & Wellness Services Farm to School Coordinator: Kate Seybold Current Farm to School Produce Environment The District’s Farm to School program began in 2012 and is centered on a commitment to sourcing sustainably-grown food from small and mid-sized farmers in the region for the District’s school meal programs. At the root of the program is the belief that students, farmers and the community benefit from successful Farm to School programs. The program prides itself on providing high quality fresh produce to students while maintaining strong, mutually beneficial relationships with farmers. Currently the District’s Farm to School program is one of the strongest in the country, recognized nationally for how a large, urban school district can build meaningful partnerships with local farmers and provide educational opportunities for students around food, farming and nutrition. The program has also gained recognition locally among students, parents, staff, media, and partners. Each year, the program has seen farmers interested in returning as partners, and growth in terms of product varieties & volumes. MPS expects to have procured over 100,000 pounds of fresh produce from small to mid-sized farmers grown using sustainable or certified organic growing practices within 250 miles of Minneapolis during the 2016-2017 school year. A total of 12 farms and organizations representing multiple farms in the region will have provided approximately 25 varieties of fresh produce to the District. The District aims to nearly double this quantity during the 2017-2018 school year. The District is excited to grow its commitment to fresh, sustainably-grown produce for its students, and fully intends to continue the good relationships with farmers that have made the program successful.

B. Farm to School Goals/Values

The goals and values of the Farm to School program are as follows. These goals and values are reflected in the included scoring rubric (Appendix 5). They may include, but are not limited to the following:

Establishing a Farm to School program that is cost-effective for the District and mutually beneficial for both the District and the farmers

Partnerships with vendors that are respectful and professional, based in open, honest, and timely communication

Consistent, high-quality produce for students and staff

Equity and diversity among suppliers and their employees

Commitment to good stewardship of the land (sustainable or certified organic growing practices)

Commitment to serving produce grown safely and without the use of chemicals that are harmful to child health

Reliable, accurate, timely deliveries of products according to the agreed-upon product specifications and pack sizes



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C. Culinary & Wellness Services Structure

Bertrand Weber is the Director, overseeing all aspects of the Culinary & Wellness Services department and directing the strategic vision of the department. Mr. Weber’s commitment to Farm to School is robust and he is a national leader in the movement.

Michele Carroll is the Business Manager, overseeing all business operations and budget decisions within the department.

Laura Anderson is the Buyer, coordinating day-to-day purchasing operations by the department.

Kate Seybold is the Farm to School Coordinator, coordinating all services awarded through this RFP process, farmer relationships, local produce procurement, and marketing/education of Farm to School.

D. Description of Expected Services

MPS expects the highest level of quality, professionalism, and results from the vendor and product and the development and implementation of services provided by them, including, but not limited to the following:

a. Vendor shall comply with all applicable federal, state, and local statutes, laws, ordinances, rules and regulations, including securing and maintaining in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this agreement.

MPS expects that success of the vendors’ performance and product will be determined at the sole discretion of MPS.

1. DOCUMENTATION Farmers must provide documentation that the following requirements are met. This documentation does not need to be included with the RFP Response, but if awarded, farmers must provide the information to MPS no later than June 1, 2017:

Accurate Food Safety Plan covering on-farm food safety topics covered in Site Visit Checklist (available at http://nutritionservices.mpls.k12.mn.us/uploads/site_visit_checklist_2016_2.pdf) OR certification of passage of a GAP audit or audits for the specific crop(s) awarded. o Relevant supporting food safety documentation such as logs or sign-in sheets may be requested

by the District at any time during the contract period or one year after the contract period.

Certificate demonstrating proof of Liability Insurance (at least $1 million) valid during the contract period.

Current water test results proving passing results for Total Coliforms, E. Coli, Listeria, Nitrates, and Nitrites.

2. FOOD SAFETY In order to assure that the fresh produce provided is safe for District students and staff, vendors are expected to follow good on-farm food safety and post-harvest handling practices. This includes, but is not limited to, safe planting, use of nutrients, pest-control mechanisms, harvesting procedures, cooling, washing, packing, and delivery. The Food Safety Plan that awarded vendors must provide must describe the policies and practices the farm employs to minimize on-farm and post-harvest food safety risks. The food safety plan must be detailed, accurate, and reflective of actual on-farm practices. Relevant logs and documentation associated with good food safety practices must also be detailed and accurate.

http://nutritionservices.mpls.k12.mn.us/uploads/site_visit_checklist_2016_2.pdf



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The Food Safety Plan must address all of the topics covered in the Site Visit Checklist (available at http://nutritionservices.mpls.k12.mn.us/uploads/site_visit_checklist_2016_2.pdf) relevant to the farm. Food Safety topics will also be explained in detail during the Food Safety Workshop in Spring 2017 and tools, resources and training will be prior to the Food Safety Plan due date of June 1, 2017. University of Minnesota On-Farm Good Agricultural Practices partners will be available to contracted farmers to provide ongoing food safety technical assistance and respond to food safety questions. Proof that farmers are using safe, clean water is required, and a current water test with passing results for Total Coliforms, E. Coli, Listeria, Nitrates, and Nitrites must be provided to the District by awarded vendors before June 1, 2017. 3. WORKSHOP ATTENDANCE For awarded vendors who have not sold to the District in the past year, the primary farm contact person will be required to attend the following workshops. The two workshops may be combined into one workshop depending on the needs of awarded vendors. Attendance by vendors who have sold to the District in the past year is optional. Vendors who have sold to the District in the past year must participate in a one-on-one call in the Spring of 2017 if they choose not to participate in the workshops.

Food Safety Workshop – 4 hours, Spring 2017 o The workshop topics will include, but are not limited to food safety requirements in detail and

provide peer-to-peer learning opportunities around specific food safety issues

Institutional Sales Workshop – 4 hours, Spring 2017 o The workshop topics will include, but are not limited to product specifications, pack sizes,

delivery logistics and timing, quality and crediting expectations, and invoicing/payment specifics 4. SITE VISIT AND FOLLOW-UP Staff from the District, UMN, and designated produce company will conduct a site visit to each awarded vendor to meet the farm staff, observe farm practices, and assure that good food safety practices are being followed as described in the Food Safety Plan. Farmers that provide certification of a successful GAP audit are exempt from a site visit. The site visit will take place during the months of July, approximately. Each farmer will receive a report within 10 business days of the visit outlining any corrective actions that must be taken before the District begins purchasing from the farm. UMN partners will be available to assist farmers with corrective actions and provide technical assistance. If applicable, a follow-up conversation, photo evidence, or additional site visit will confirm that corrective actions have been taken. In addition to a scheduled site visit in July of 2017, the District reserves the right to conduct site visits to any awarded vendor with 24 hours advance notice. 5. INSURANCE COVERAGE Farmer must carry product liability insurance of no less than $1 million. A Liability Insurance Certificate demonstrating proof of coverage must be sent (email, fax or mail) to the District by June 1, 2017.

http://nutritionservices.mpls.k12.mn.us/uploads/site_visit_checklist_2016_2.pdf



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6. SPECIFICATIONS AND PACK SIZES All products must be packed and stored under sanitary conditions, kept at proper temperatures, and handled in accordance with good commercial practices. Products delivered must match specifications and pack sizes agreed-upon for each product. Product specifications and pack sizes will be designed to maximize efficiency for the farmer and value for the District. Product specifications and pack sizes will be described in greater detail at the Institutional Sales Workshop in Spring 2017. The Workshop will walk vendors through pictures and tangible examples of appropriate and inappropriate products/packs, as well as other requirements for ordering, delivery and invoicing. The Pricing and Availability Form allows vendors to bid on standard produce industry pack sizes and bulk pack sizes. 7. QUALITY ASSURANCE All fresh produce delivered must meet agreed-upon product quality standards. Products must be delivered in good condition, free of mold, decay, excessive dirt, or spoilage. Quality expectations will be communicated at the Institutional Sales Workshop in Spring 2017. Good condition will be at the discretion of the District and/or of the produce company upon receipt and inspection of, at minimum, 20% of product. Products that do not meet product-specific specifications, pack sizes, or quality standards will be rejected at the point of delivery or discovery and farmer will provide credit as applicable. Failure to supply products according to agreed-upon specifications and standards may result in request for credit, communication to avoid future occurrences, and the cancellation of the contract. 8. TRACEABILITY Each case of product delivered must be labeled with farm name, product, date harvested, and date packed. The District reserves the right to request documentation that verifies the traceability information provided on each case, and the farmer must provide documentation within 24 hours of the request. 9. ORDERING The 2017-2018 school year for MPS begins August 28, 2017 and ends June 12, 2018. Orders and deliveries will start the week school begins, in most cases, which is the week of August 28, 2017. Farmers must designate a primary contact person to work with the District in a timely manner to communicate availability and order logistics, as well as a secondary contact (for instances when primary contact is unavailable). This person is expected to be responsive to District inquiries regarding availability and orders via phone and email and respond in a timely manner. The quantities and timelines in the Pricing and Availability form describe what and when the District plans to purchase from awarded vendors. The District will be in close communication with awarded farmers to refine quantities as the school year draws near, and then will be in weekly communication regarding exact purchase quantities. MPS will put forth a good faith effort to assure that quantities ordered are similar to



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what is described in the Pricing and Availability Form and will employ good communication to make sure any unexpected changes in demand are communicated as soon as possible. Awarded farmers must be in good communication with the District regarding product availability and must strive in good faith to provide the produce desired by the District. Reliability is important to MPS, but we understand that farms may face unexpected supply issues due to weather or other circumstances out of the vendor’s control. If awarded vendors, in spite of good planning and good faith efforts, cannot provide the desired quantities for a specific order or orders, the District reserves the right to instead purchase the item(s) from other sources. Substitutions may be suggested and negotiated at the sole discretion of the District. Specific Purchase Orders (PO’s) for deliveries will be emailed to farmers with product need dates and quantities by the produce company approximately one week before the delivery date. Deviations to the specified quantities or delivery dates should be avoided, but rare, necessary changes must be communicated to the District as soon as possible. 10. DELIVERY Awarded farmers must deliver products in clean, new boxes/bags or other mutually agreed-upon containers using clean, sanitary delivery vehicles. Bulk boxes or re-usable bins may be negotiated on a case by case basis. While refrigerated trucks are not required, product temperatures will be checked upon delivery for appropriate ranges for food safety. Farmers are expected to bring copies of Purchase Orders with each delivery. Deliveries will be made to the produce company (one location). On rare occasion, some deliveries may come to the District’s Culinary and Nutrition Services Culinary Center, and this will be specified through advanced communications. Prices quoted are for delivered products. Farmers may not charge additional delivery fees. Vendors will be able to aggregate deliveries into large orders when possible if desired to reduce delivery costs, depending on product perishability and advance communication. The District will communicate with vendors to, whenever possible, assure that deliveries are comprised of enough products to make it worth the vendor’s efforts to deliver, but small deliveries may be required. The District or produce company will have the right to refuse products that do not match agreed-upon product specifications, pack sizes, quantities, temperatures or delivery times. 11. INVOICING & PAYMENT REQUIREMENTS Farmers must provide invoices to the produce company within 5 business days of delivery via email. Invoices will be paid by the produce company within 30 days of receipt of invoice. Awarded products that are delivered according to all specified requirements will be paid for according to the awarded price per pound. The price per case will be calculated using the average weight of each case multiplied by the price per pound established in the contract. Average case weights may be audited by the District at any time.



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12. AUDITS Audits of the vendor’s records will be made at the discretion of District officials at any time. Awarded farmers must agree to make available to the District or its agent any and all information including food safety documentation or chemical application records. The District will give the vendor 30 days’ notice of an audit to allow the vendor to gather and assemble records.

13. EDUCATION AND ENGAGEMENT The District believes it’s important for students to know where their food comes from. On the first Thursday of every month, the District features an entirely locally-sourced meal called Minnesota Thursdays. Minnesota Thursdays and the Farm to School program are promoted on the District’ website, local media channels, print marketing materials, and more. The District values direct connections between farmers and our students. Participants in the District’ Farm to School program are encouraged (but not required) to visit schools and talk with students and school staff about growing food for school meals. As feasible, the District hopes to coordinate staff and student visits to farms. The District understands the busy nature of farm life, so educational opportunities may be tailored to the interest level and capacity of each farmer. Learn more about the District’ Farm to School education and promotion at http://nutritionservices.mpls.k12.mn.us/f2s_program.

SECTION III: MPS Appendix Documents

1. Response Cover Page 2. Response Form 3. Pricing and Availability Form 4. Reference Pricing 5. Selection Criteria 6. Sample Contract



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APPENDIX 1: RESPONSE COVER PAGE

Farm/Organization Information Name of Farm/Organization:

RFP Contact Person’s Full Name and Title:

RFP Contact Person’s Email Address:

RFP Contact Person’s Phone Number:

Physical Office Address:

Date (Month/Year) the organization was formed:



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APPENDIX 2: RESPONSE FORM

SECTION 1: FARM/ORGANIZTION INFORMATION 1. Farm/Organization Name:_____________________________________________________________

2. Website (if you have one):________________________________________ 3. Primary Contact Name: ________________________________________

Expected to communicate by phone/email in a timely manner regarding availability and orders. 4. Primary Contact Title: ________________________________________ 5. Work Phone: __________________________ Cell Phone (if different): _________________________

6. Email: ________________________________________________________________________ 7. Secondary Contact Name: ________________________________________

When Primary Contact is unavailable. 8. Secondary Contact Title: ________________________________________ 9. Work Phone: __________________________ Cell Phone (if different): _________________________ 10. Email: ________________________________________________________________________

11. Who is responsible for invoicing and payment? Primary Contact Secondary Contact Other:

Name: ______________________________________ Phone Number: _____________________

Email address: _________________________________________________________

12. Farm/Organization Physical Address:

_______________________________________

_______________________________________

_______________________________________

13. Mailing Address (if different):

_______________________________________

_______________________________________

_______________________________________

14. Type of organization (circle one): LLC 501c3 Other: _______________________

15. Is farm/organization able to handle payments remitted to one central location? Yes No 16. Number of seasons farm/organization has been selling produce (not including 2017): _________



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17. Farm/organization’s total gross fresh produce sales (in dollar value) for:

2015 growing season: _________ 2016 growing season: _________

19. What is the ideal, approximate dollar value of produce farm/organization would like to sell to MPS during the 2017-2018 school year? _________________________

20. Describe the delivery vehicle that will make most or all deliveries to MPS.

_____________________________________________________________________________________________

_______________________________________________________________________________

21. Does farm/organization have any existing or potential conflict of interest, direct or indirect, with MPS? If yes, please state the potential conflict of interest.

______________________________________________________________________________________

22. How many farms intend to provide produce to MPS as part of this proposal? One Two or more If the answer is one, please skip Section 2 and continue with Section 3: Response Questions. SECTION 2: ORGANIZATIONS REPRESENTING MULTIPLE FARMS 1. Please describe the services the organization provides to the farmers it represents. _____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

2. Projected number of Full Time Equivalent (FTE) employees at organization (peak 2017 season): _____

3. Projected number of farms (total) represented by/belonging to organization (2017 season): _____

4. Please fill out the following about the farms represented by/belonging to organization intending to sell to MPS as part of this proposal. Attach additional information if necessary.

Farm Name Farm Owner/Operator Farm Physical Address

MPS FARM TO SCHOOL RFP #17-9


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SECTION 3: RESPONSE QUESTIONS

1. What is the farm/organization’s mission? ____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

2. Why is the farm/organization interested in selling produce to the District?

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

3. Please describe the farm/organization’s commitment to sustainable growing practices in detail.

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

4. Please describe the farm/organization staff structure that will be in place for the 2017 season as it pertains to the provision of services to MPS. Consider including an organizational chart to illustrate (add as Appendix attachment if necessary).

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

5. Describe the organization’s traceability process. How will the organization be able to source identify produce provided to MPS?

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________



[email protected]

6. The District values equity and diversity. How does farm or organization support/demonstrate Supplier Diversity (where you procure supplies) and Employee Diversity (employees/owners)?

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

7. The District’s key objective is to get the best overall value for our students, taking into account quality, cost, service, diversity, community involvement, sustainability and other relevant values, for the products and services we intend to acquire. Because one of our objectives is to reduce our cost of doing business, how will you help us accomplish this objective without compromising these values?

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

8. Is a representative from the farm/organization interested in partnering with the District to educate students about farming and local food? Check all that apply.

Pen pals with a classroom Visits to classrooms/cafeterias

Farm field trips Special educational events

SECTION 4: FARM INFORMATION Please fill out the following information for the farm(s) that intend(s) to provide produce to MPS through this proposal. Organizations representing multiple, unique farms are encouraged to provide clarification and additional information as needed regarding specific farms as an attached Appendix.

1. Does farm have any certifications related to on-farm sustainability practices? Check all that apply.

Certified Naturally Grown Certified Organic Other: ____________________________

2. Did farm(s) have third-party approved GAP audit valid during the 2016 growing season? Yes No If yes, please list specific GAP certified produce items and skip to Section 3 - Experience & References.

_____________________________________________________________________________________________

_____________________________________________________________________________________________

3. Does farm have a draft of a Food Safety Plan? Yes No Farms are strongly encouraged, but not required, to include a draft Food Safety Plan in the Appendix.

4. Does farm keep logs or documentation of food safety related information? Yes No

5. Will farm have product liability insurance coverage of at least $1 million by June 1, 2017? Yes No 6. Has farm had a water test performed in the past year, with passing results for E. Coli, Listeria, Coliforms, and

Nitrates? Yes No Other: _____________________________________________________________



[email protected]

SECTION 3: EXPERIENCE & REFERENCES 1. Has farm/organization sold produce to a school/school district (excluding MPS) in the past two seasons? If so,

please fill out the following:

Name of School/District

When did you sell to them?

Which item(s) did you provide? Average order size (dollar value)?

2. Has farm/organization sold produce to large institutional or wholesale buyers, such as colleges, grocery stores,

restaurant chains, hospitals or produce companies in the past 2 years? If so, please fill out the following:

Organization When did you sell to them?

Which item(s) did you provide? Average order size (dollar value)?

Please list contact information for two references representing customers from within the past two seasons who are familiar with your farm/organization. School, institutional or wholesale buyers are preferred. Reference 1: Organization Name: _________________________________________________________ Name of contact most familiar with farm/organization: _____________________________________ Contact’s Role/Position: ____________________________________ Phone: _________________________ Email: _________________________________________________ Reference 2: Organization Name: _________________________________________________________ Name of contact most familiar with farm/organization: _____________________________________ Contact’s Role/Position: ____________________________________ Phone: _________________________ Email: _________________________________________________



[email protected]

Is there any further information pertinent to this RFP that you wish to add? _____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________



[email protected]

APPENDIX 3: PRICING & AVAILABILITY FORM

Please read all of this information before filling out the Availability Form below. Indicated in the Form below are the quantities of specific produce items available locally and seasonally that MPS intends to procure during the 2017/2018 school year. The quantities below are approximate. MPS has put forth its best effort to estimate the expected frequency of orders and the total overall produce needs of specific items available locally. Just as farms face unexpected supply issues due to weather or other circumstances, MPS may face unexpected changes in demand. MPS will put forth a good faith effort to keep quantities ordered similar to what is listed in the Form below, and employ good communication to make sure any changes in demand are communicated as soon as possible. Farmers are expected to do the same. Exact quantities for specific produce orders will be communicated weekly via Purchase Orders as describe in Section D-11, Ordering. The 2017-2018 school year for MPS runs from August 28, 2017 through June 12, 2018. Orders and deliveries will start the week school begins in most cases – the week of August 28, 2017. Farms are encouraged to be clear about the proposed expected duration of availability throughout the season in the Notes section. Reference pricing is listed below the Form from a variety of local, non-local, organic, sustainable and conventional produce sources. Each item has a section for notes. You are strongly encouraged to add notes to clarify or add information that will help MPS make a decision about the product, including but not limited to:

If you intend to source produce from more than one farm, indicate farm source for each produce item that you are bidding on.

Specific variety or varieties of produce farm intends to grow

Any cosmetic or size descriptions that will save money and keep yields high

Features of that variety that impact quality, flavor, storage capacity, sustainability, etc.

Whether the item is a high priority item they’d like to grow for MPS (and why)

Whether or not item is grown using a GMO seed/start Additional notes for filling out the Availability Form:

You may fill out information for one, some or all of the produce items listed in the Form.

You may be awarded none, one or multiple produce items listed in the Form.

Filling in the price for standard and bulk pack (if applicable) of the item indicates that farm is proposing to provide that item for MPS. You will have a chance to turn down awarded items if you are finalists for more items than you can handle.

If you can only provide only a portion of the desired quantity, indicate so.

You may indicate the availability of additional items not listed in the space below the form.

Please email Kate at [email protected] with any questions about this RFP. No questions will be accepted via phone call. After 4:00 PM Friday February 17, 2017 no questions or inquiries will be allowed.

mailto:[email protected]



[email protected]

Produce Item

Product Description/Usage Wash/Pack Description

Delivery Quantity/ Frequency

Total 2017-18 Quantity

Additional Notes Price, typical pack size

Price, bulk pack (e.g. 500# tote)

Expected Months Available

Fruit or vegetable MPS is

looking for

How MPS will ultimately use the

product, with some notes about sizing,

product specifications, and ranges of cosmetic

imperfection

How the product should be washed

and packed for delivery.

Description of approximately how

frequent and how large MPS expects deliveries

will be during the season

Estimate of how much MPS will use for the duration of the average seasonal availability/storage based on delivery

quantities/frequencies expressed. This is dependent on the growing season and conditions in 2017. If farm/organization

proposes a longer or shorter availability season due to greenhouse, hoophouse, storage or other capacity, please

indicate so in the Expected Months Available section (this is encouraged). Sometimes total quantity might not match

delivery x frequency because both are approximate.

Farm/organization indicates the delivered price for the

produce item per unit expressed in the quantity (for

example, per pound or per head). This price is for a

standard pack in a clean, new box.

Farm/organization may propose the delivered price for the

produce item per unit expressed in the quantity (for

example, per pound or per head). This price is for bulk

pack, such as a 500 pound tote or pumpkin bin (if applicable).

Farm/organization indicates the

expected months (including storage)

that the product will be available to MPS.

Any additional notes or information MPS may

add to assist farmers in filling out their

responses



[email protected]

Produce Item







Apples - Eating

Small apple (125-138ct) in good shape cosmetically for picky student eaters. Sweet, crisp, tart, unique varieties preferred.

Fully washed, ready to eat, 40# case

175 - 40# cs deliveries once per month from Sep thru May. Two instances of 125 - 40# cs deliveries.

1,700 cs total

Farmers encouraged to specify varieties, months available, and case counts.

$________ per 40# case

N/A

Apples – Eating Notes:

Apples - Baking

Large baking apple (bigger the better) hard and flavorful. Will peel and cut for apple Crisp or other baked recipes. Cosmetic imperfections ok since they will be peeled and cook.

Fully washed 40# case

80 - 40# cs delivered once in Nov and once in Feb

160 cs total

Farmers encouraged to specify varieties, months available, and case counts.

$________ per 40# case

$________ per pound

Apples – Baking Notes:

Beet For dicing and roasting as a hot side dish. Large sizes preferred (ie. baseball sized or larger). Some misshape ok.

Rinsed, free of debris/soil. Trimmed, bulk, no leaves, minimal stems.

800# per month, Oct thru Feb

4,000# total

$________ per pound (packed in 25# sacks)

$________ per pound (bulk pack)

Beet Notes:

Beet, Golden

For dicing and roasting as a hot side dish. Large sizes preferred (ie. baseball sized). Some misshape ok.

Rinsed, free of debris/soil. Trimmed, bulk, no leaves, minimal stems.

800# once in Jan or Feb

800# total

$________ per pound (packed in 25# sacks)


Golden Beet Notes:



[email protected]

Produce Item







Broccoli Florets served raw or roasted/cooked. Larger crowns preferred ( >4”). Some discoloration ok.

Free of debris/soil.

600# every week, Sep thru Nov

7,200# total

Specify whether price is with stems or crown cut.

$_______ per pound (packed in bushel+1/9)

$_______ per pound (bulk pack)

Broccoli Notes:

Brussels Sprouts

Roasted as hot side dish, shredded in cold salad/slaw. 1-2" in diameter, trimmed, no browning.

Free of soil/debris.

One 200# delivery and one 200# delivery in Oct or Nov

400# total

$_______ per pound (packed in 25# carton)


Brussels Sprouts Notes:

Cabbage, Green

Shredded in coleslaw. Tight, firm, large heads are preferred.

Outside 1-2 wrapper leaves removed, unwashed.

500# deliveries every other month Sep thru Jan

1,500# total

$_______ per pound (packed in 40# box)


Green Cabbage Notes:

Carrot Served raw and cooked as coins, sticks, and matchstick. Large, long carrots with wide, relatively uniform diameter >1" preferred. Ideally for use unpeeled. Some cosmetic defects okay as long as yield is good.

Rinsed, free of excess soil/debris.

900# deliveries every week Sep thru mid April (could combine for bi-weekly deliveries)

24,000# total

$_______ per pound (packed in 25# or 50# sacks)


Carrot Notes:



[email protected]

Produce Item







Carrot, Rainbow

Blend of yellow, purple, and orange carrots for coins. Large, long carrots with wide, relatively uniform diameter >3/4" preferred. Ideally for use un-peeled. Some cosmetic defects okay as long as yield is good.

Rinsed, free of excess soil/debris.

Four 1,000# deliveries between Sep & March

4,000# total



Rainbow Carrot Notes:

Cauliflower Florets served raw or roasted/cooked. The bigger the better (9ct). Hardy varieties (to minimize flowering or browning) preferred. Minimal browning ok.

Free of debris/soil knocked off.

1,000# deliveries every other week, Sep thru mid Nov

5,000# total

$_______ per pound (packed in a cauliflower box)


Cauliflower Notes:

Cauliflower, Multicolor

Florets served raw or roasted/cooked. Blend of purple, orange and/or white cauliflower. The bigger the better (9ct). Hardy varieties (to minimize flowering or browning) preferred.

Free of debris/soil knocked off.

1,000# deliveries every other week, Sep thru mid Nov

5,000# total

$_______ per pound (packed in a cauliflower box)


Cauliflower, Multicolor Notes:



[email protected]

Produce Item







Corn, Sweet Ears that will be husked, halved, and served as hot vegetable option.

48-60 ears/bushel, with husks

180 bushels delivered twice in Sep

360 bushels total

$_______ per bushel

N/A

Sweet Corn Notes:

Cucumber Sliced on salad bars or diced in salads. Sweet, burpless varieties preferred. Long and relatively straight in shape. Some cosmetic issues or yellow color ok, but not hard/woody.

Rinsed, free from debris/soil. Approx. 72ct.

625# delivered weekly in Sep

2,500# total

$_______ per pound (packed in bushel+1/9)

N/A

Cucumber Notes:

Green Bean Fresh on salad bars, steamed or roasted. Interested in green, yellow, or multicolored sweet beans for eating raw. Minimal blemish ok.

Unwashed, untrimmed, minimal soil/debris.

1,200# delivered once in Sep

1,200# $________ per pound (packed in ½ bushel box)


Green Bean Notes:

Herb, Basil Used in recipes and as garnish. Minimal leaf discoloration.

Free of soil/debris. Bunched.

750 bunches total in Sep, deliveries weekly

750 bunches total

If you can provide herbs longer than just September, indicate in Notes.

$________ per bunch (packed in ½ bushel box)

N/A

Basil Notes:



[email protected]

Produce Item







Herb, Cilantro

Used as condiment, in recipes, or as garnish. Minimal leaf discoloration.


1,600 bunches total in Sep, deliveries weekly

1,600 bunches total



N/A

Cilantro Notes:

Herb, Parsley

Used in recipes and as garnish. Flat leaf Italian variety. Minimal leaf discoloration.


250 bunches total in September, deliveries every other week

250 bunches total



N/A

Parsley Notes:

Kale Shredded for use in salad bar lettuce blend and specialty salads (raw). Hardy, curly leaf green and/or purple varieties preferred for best yield and season extension capacity.

Free of soil/debris. Bunched (24ct).

30-24ct cases per week, Sep thru Jan

600-24ct cases total

$________ per bunch (packed in 24ct box)

$________ per bunch (bulk pack)

Kale Notes:

Kohlrabi Raw served as "sticks” or matchsticks. Large varieties preferred. Cosmetic defects ok.

Rinsed and free of debris/soil. Trimmed, bulk.

750# every other week, Sep thru Dec

6,000# total

$________ per pound (packed in bushel+1/9)


Kohlrabi Notes:



[email protected]

Produce Item







Melon, Cantaloupe

For salad bars, cubed or wedges (with skin-on). Large varieties preferred (for better yields). Some scarring ok.


1,000# per week in September

4,000# total

Specify average weight per melon of the variety proposed.

$________ per pound (packed in flat box)

$_________ per pound (bulk bin pack)

Cantaloupe Notes:

Melon, Honeydew

For salad bars, cubed or wedges (with skin-on). Large varieties are better (for better yields). Some scarring ok.


750# per week in September

3,000# total

Specify average weight per melon of the variety proposed.

$________ per pound (packed in 30# case)


Honeydew Notes:

Melon, Watermelon

For salad bars, wedges (with skin-on). Large, seedless varieties preferred (for better yield). Some cosmetic damage ok.



4,000# total

Specify average weight per melon of the variety proposed. Specify seeded or seedless variety.

$________ per pound (packed in 50-60# carton)


Watermelon Notes:

Parsnips Served cooked/roasted as coins or diced. Large and long in size, with relatively uniform diameter >1" preferred. Some cosmetic defects ok if yield is good.

Rinsed, free of soil/debris

800# once in Jan or Feb

800# total



Parsnip Notes:



[email protected]

Produce Item Product Description/Usage Wash/Pack Description






Pepper, Jalapeño

Used in recipes and as condiment diced. Large size okay (but not woody). Cosmetic issues, turning red, or misshapen peppers are okay.


30# per week in Sep & Oct

250# total


$_________ per pound (bulk pack)

Jalapeno Notes:

Pepper, Red Used diced in recipes or strips on salad bars. Large size (but not woody) preferred. Cosmetic issues, some green coloring, or slightly misshapen ok.


500# per week in Sep & Oct

4,000# total


N/A

Red Pepper Notes:

Potato, Red Large (Grade A) red skinned potato for dicing and roasting or dicing in potato salad (with skin on). The bigger the better. Cosmetic imperfections okay.

Rinsed, free of soil/debris.

3,200# per month Sep thru April, weekly or bi-weekly deliveries

25,600# total



Red Potato Notes:

Potato, Russet Small

Uniformly sized small (Grade B) russet potato to use for wedged roasted potatoes with skin on. Some cosmetic imperfections are okay.


1,700# once per month, Sep thru Apr

13,600# total


N/A

Small Russet Potato Notes:



[email protected]







Potato, Russet Large

Uniformly sized large (Grade A) russet potato to use for baked potatoes and mashed potatoes. Should be #1 product with minimal imperfections.


500# every month, Sep thru April

4,000 # total


N/A

Large Russet Potato Notes:

Potato, Small Uniformly small (Grade C) potatoes for roasting whole or halved. Multicolor, unique, or regular varieties okay (specify in notes).


900# deliveries every other month, Sep thru Feb

2,700# total


N/A

Small Potato Notes:

Potato, Sweet or Yam

Large (Grade A) orange flesh sweet potatoes or yams for roasting--wedge or diced, skin on. Cosmetic imperfections ok. Limited curves/knobs preferred for processing.


900# deliveries every month, Sep thru Feb

5,400# total

Describe variety in notes.


N/A

Sweet Potato/Yam Notes:



[email protected]







Potato, Yellow Large (Grade A) light skinned yellow flesh potato for dicing and roasting with skin on. The bigger the better. Cosmetic imperfections okay.


1,200# deliveries every other month, Sep thru Apr

4,800# total


N/A

Yellow Potato Notes:

Radish, Red Quartered or sliced for salad bars (raw). Open to long or large varieties for better yields. Minimal scarring.

Rinsed and free of debris/soil. Trimmed (no leaves/ stems).

150# deliveries each week, Sep thru Oct

1,200# total

$________ per pound (packed in 25# sack)

N/A

Red Radish Notes:

Radish, Beauty Heart

Used for slicing on salad bars (raw, unpeeled). Large size ok (but not woody). Some cosmetic imperfections ok.

Rinsed, free of soil/debris. Trimmed, bulk.

800# per month, Sep thru Jan

4,000# total



Beauty Heart Radish Notes:

Radish, Purple Daikon

Used for slicing on salad bars (raw, unpeeled). The bigger the better (but not woody). Some cosmetic imperfections ok.

Rinsed, free of soil/debris. Trimmed, bulk.

800# per month, Sep thru Jan

4,000# total



Purple Daikon Radish Notes:



[email protected]







Romaine Served chopped in salads. Large, hearty varieties preferred. Good color, minimal bruising, no wilt.


10,500 heads per month, Sep thru May

94,250 heads total

$________ per head (packed in 24ct box)

N/A

Romaine Notes:

Rutabaga For dicing and roasting. The bigger the better! Cosmetic imperfections ok.


700# once Oct thru March

700# $________ per pound (packed in 25# or 50# sacks)


Rutabaga Notes:

Snap Peas Used raw as fresh veggie option. Free of soil/debris, untrimmed.


750# total


N/A

Snap Pea Notes:

Squash, Butternut

For dicing and roasting. The bigger the better! Cosmetic imperfections ok.


1000# delivered once per month, Oct thru Jan

4000# total


$_________ per pound (bulk pack/bin)

Butternut Squash Notes:



[email protected]







Squash, Delicata

For cutting and roasting with skin-on. Should be relatively uniform size (longer than 6”). Minimal cosmetic imperfections ok.


900# delivered once in Oct and 800# once in Nov

1800# total



Delicata Squash Notes:

Squash, Spaghetti

For halving and roasting. Misshapen and cosmetic imperfections ok. Large varieties preferred.


900# delivered once in Oct and 800# once in Nov

1800# total



Spaghetti Squash Notes:

Tomato, Grape For serving as salad bar option or in pre-made salads.

Free of soil/debris. In pints or bulk clamshells.

440# delivered weekly in Sep

1,750# total

$________ per pint (packed in 12/1pt box)

$_________ per pint (bulk pack)

Grape Tomato Notes:

Tomato, Vine Ripe

Red, flavorful, vine-ripened large tomato for slicing, wedging or dicing (used in multiple fresh applications such as on salad bars, sandwich station lines, or fresh salsa). Cosmetic imperfections are okay.

Free of debris/soil.

1,750# per month, Sep thru May

15,750# total

$_______ per pound (packed in ½ Bu or 11# boxes)

N/A

Vine Ripe Tomato Notes:



[email protected]

Note any additional items you think MPS might be interested in here:

__________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________________



[email protected]

APPENDIX 4: REFERENCE PRICING

The following table shows reference pricing for early fall (September or October) 2016 pricing from a variety local, non-local, organic, sustainable and conventional produce sources. Indicated in BOLD are local items.

Item

Quantity MPS Farm to School 2016 pricing, some seconds, mix of organic and sustainably grown

Chicago Terminal Market seasonal average (USDA AMS) – Conventional

USDA Chicago Terminal Market seasonal average (USDA AMS) – Organic

Coop Partners Price List, all certified organic

Organic Valley, #1 Product, certified organic

Beet Per pound $0.75 $0.63 $1.16 $1.34 $0.80

Beet, Golden Per pound $1.16 $0.72 $1.07 $1.56

Broccoli Per pound $1.50 (just crowns) $0.58 (just crowns) $1.27 $1.67 $1.12

Brussels Sprouts Per pound $2.75 $1.08 $5.06 $4.85 $3.05

Cabbage, Green Per pound $0.62 $0.25 $0.66 $0.93 $0.46

Carrot Per pound $0.90 $0.43 $0.63 $0.89

Carrot, Rainbow Per pound $1.10 $1.12

Cauliflower, White Per pound $1.25 $1.60

Cauliflower, Multicolored

Per pound $0.86 $1.43

Sweet Corn Per bushel $18.00 $20.49

Cucumber Per pound $0.75 ?$0.40 $0.78 $1.36 $0.93

Green Bean Per pound $0.69 $0.86 $2.25

Herb, Basil Per pound $4.63 $10.25

Herb, Cilantro Bunch $0.75 $0.53 $0.60 $1.13

Herb, Parsley Bunch $1.10 $0.54 $1.16

Kale 24ct case $23.00 $14.68 $19.47 $30.15 $21.16

Kohlrabi Per pound $1.25

Romaine Per head $1.25 (per head) $1.56



[email protected]

Item

Quantity MPS Farm to School 2016 pricing, some seconds, mix of organic and sustainably grown

Chicago Terminal Market seasonal average (USDA AMS) – Conventional

USDA Chicago Terminal Market seasonal average (USDA AMS) – Organic

Coop Partners Price List, all certified organic

Organic Valley, #1 Product, certified organic

Melon, Cantaloupe Per pound $0.60 $12.69 (9s case) $15.16 (9s case) $0.85

Melon, Honeydew Per pound $0.60 $0.39 $0.55

Melon, Watermelon Per pound $0.60 $0.37 $0.53 $0.60

Parsnip Per pound $0.87 $1.45

Pepper, Jalapeño Per pound $1.75 $1.22 $2.49 $3.53

Pepper, Red Per pound $1.18 $1.33

Potato, Red Per pound $0.30 $0.36 $0.44 $0.45

Potato, Russet Small Per pound $0.30 $0.39

Potato, Russet Large Per pound $0.60 $0.29 $0.77

Potato, Sweet or Yam

Per pound $1.00 $0.59 $1.27 $1.59

Potato, Yellow Per pound $0.30 $0.43 $0.74 $0.36 (Grade B)

Radish, Red Per pound $0.83 $0.51 $1.06 (per bunch)

Radish, Beauty Heart

Per pound $1.04

Radish, Purple Daikon

Per pound $0.63

Rutabaga Per pound $0.49 $1.73 $0.93

Snap Peas Per pound $1.73 $3.30

Squash, Butternut Per pound $0.60 $0.35 $0.65 $0.84 $0.57

Squash, Delicata Per pound $0.49 $0.76

Squash, Spaghetti Per pound $0.60 $0.32 $0.77 $0.84 $0.61

Tomato, Grape Per 12ct $13.60 $16.72 $28.10

Tomato, Vine Ripe Per pound $0.70 $2.17 $2.48



[email protected]

APPENDIX 5: SELECTION CRITERIA

The following criteria may be used by the selection committee to assign a vendor score. These criteria are subject to change and additional criteria may be added. The descriptions are not necessarily requirements but rather items that the committee will consider based on the RFP responses.

1. 20% - High quality produce a. Geographic preference (local) b. Product physical quality c. Ability to meet product specifications and pack sizes

2. 20% - Food Safety a. Delivery vehicle b. Traceability c. Food Safety Plan or GAP certification d. Food safety logs/documents e. Liability insurance f. Water test

3. 15% - Customer Service a. Proven customer service track record b. Dedicated responsive point of contact c. Reliability/accuracy in filling orders

4. 15% - Sustainability a. Commitment to sustainability b. Use of chemical pesticides, fertilizers, etc. c. Farm size d. Farm ownership

5. 10% - Equity & Diversity a. Preference for organizations that are Disadvantaged, GLBT, Veteran, Woman, Minority, Non Profit

owned/controlled 6. 10% - Organizational capacity

a. Have sold produce in seasons past b. Confidence in scale c. Seasons selling to MPS d. Strong organizational structure

7. 10% - Community Connection, Values Alignment a. Demonstrated interest in MPS sales b. Good value for dollar response c. Interested in Education/Engagement

The following criteria may be used by the selection committee to assign a product score. These criteria are subject to change and additional criteria may be added.

1. Price – preference for competitive pricing 2. Alignment – preference for items meet the requirements as described (based on notes) 3. Availability – slight preference for growers who can provide all of specific product requested (for long duration, if

storage product) 4. Dirty Dozen – slight preference for items on the “dirty dozen” list

Specific product selections will be made based on the vendor score and the product score by the selection committee.

http://www.ewg.org/foodnews/?gclid=CjwKEAiAo7C2BRDgqODGq5r38DsSJAAv7dTPmjhf1propLsEhK4BPmwhkB1Q4VDBZxH1-q1xdtauxxoCnVXw_wcB



[email protected]

APPENDIX 6: SAMPLE CONTRACT

CONTRACT FOR SERVICES

($25,000+)

This Contract is entered into between Special School District No. 1, “District”, a special school district

created and existing under the laws of Minnesota, and [company name], “Contractor” (collectively

“parties”) to provide [ContractPurpose] to [ContractGroup].

1 TERM OF CONTRACT

1.1 This Contract is effective on [EffectiveDate] or the date of the last signature of the parties,

whichever is later, and shall remain in effect until [OriginalExpirationDate], or until all

obligations set forth in this Contract have been satisfactorily fulfilled, or the Contract has been

terminated, whichever occurs first. Contractor shall have a continuing obligation, after said

Contract period, to comply with any provision of this Contract intended for District’s

protection or benefit, or that that by its sense and context, is intended to survive the completion,

expiration or termination of this Contract.

1.2 Contractor understands that NO WORK SHOULD BEGIN UNDER THIS CONTRACT until

all required signatures on this Contract have been obtained and the Contract has been

authorized and/or approved by the District’s Board. Any work performed by Contractor prior

to such time shall be considered as having been performed at Contractor’s OWN RISK and as a

volunteer.

2 SCOPE OF WORK

2.1 Contractor shall perform all of the services set forth herein and any exhibits attached hereto as

Exhibit A (“Scope of Work”). Contractor understands that time is of the essence in this

Contract and agrees to meet all milestones indicated in this section, in the Contract herein and

any exhibits attached hereto.

3 CONSIDERATION AND TERMS OF PAYMENT

The consideration for all services (and goods if any) performed or supplied by Contractor under

this Contract shall be paid by District as described below.

3.1 Total Obligation. District’s total obligation to Contractor under this Contract, including compensation for goods,

services, and reimbursable expenses, shall not exceed $[ContractValue]. Contractor shall not

receive any additional reimbursement for materials or subsistence expenses incurred in the

performance of this Contract.



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3.2 Frequency of Invoicing and Terms of Payment. Subject to the conditions herein, payment shall be made by District within thirty (30) days upon

receipt of Contractor’s invoice for goods delivered or services rendered pursuant to this

Contract. The Contractor’s standard invoice shall be submitted after satisfactory completion of

services on a monthly basis. District has no obligation to pay for services that are not

satisfactorily performed or performed in violation of federal, state or local law, ordinance, rule

or regulation. In the case of a dispute about satisfactory performance of services, the parties

agree to work in good faith to resolve any disputes. If either party does not dispute an invoice

in writing within 180 days of receipt of the invoice, no action challenging the invoice may be

taken.

As applicable, for all agreed upon work performed by Contractor or Contractor’s personnel in

the provision of goods and/or services stipulated herein, District shall pay Contractor at the

hourly or per diem rates as set forth in the applicable Exhibit B. Payment shall be made to

Contractor based on the hours recorded provided such hours are in accordance with the terms

of this Contract. Notwithstanding anything to the contrary, and without limitation, District has

not promised or guaranteed any minimum amount of work, and Contractor understands and

acknowledges same. District has no obligation to pay for overtime or holiday work, nor will it

pay premiums for overtime and holidays.

3.3 Taxes. District is exempt from paying Minnesota sales and use taxes on certain purchases, as provided

in Minnesota Statute, Section 297A.70. Contractor shall not charge District for such sales and

use taxes. Alternatively, Contractor shall be responsible for the payment of any and all sales

taxes to the Minnesota Department of Revenue relating to the following taxable items sold

pursuant to this Contract; construction materials, leasing of motor vehicles, food and lodging,

[See Minnesota Statute 297A.70]. Contractor shall promptly reimburse District for any and all

such sales and use taxes paid by District to any governmental authority on behalf of Contractor

including penalties and interest with respect thereto, and including any and all expenses

(including attorneys’ fees) or damages that result from a failure by Contractor to properly remit

or reimburse District for any and all such sales and use taxes provided above.

District may be obligated by state and federal law to withhold state and federal taxes from the

consideration stated herein. These taxes may consist of, but are not limited to, the Minnesota

state entertainer tax, Minnesota state nonresident withholding tax, federal withholding on

payments to foreign nonresident aliens, and federal backup withholding.

3.4 Fund Availability; Federal Funds Contingency.

Financial obligations of District payable after the current fiscal year are contingent upon funds

for that purpose being appropriated, budgeted and otherwise made available. If this Contract is

funded in whole or in part with federal funds, District’s payment obligations are subject to and

contingent upon the continuing availability of federal funds for the purposes hereof.



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4 GENERAL TERMS AND CONDITIONS

4.1 The terms and conditions contained in this Contract shall govern and shall take precedence

over any different or additional terms and conditions which Contractor may have included in

any documents attached to or accompanying this Contract. Any handwritten changes on the

face of this document shall be ignored and have no legal effect unless initialed by all parties. If

this Agreement was made pursuant to a Request for Proposal (RFP) or Request for Information

(RFI), the following order of precedence shall apply: (1) this Contract and its Exhibits, (2)

District’s RFP or RFI, and (3) Contractor’s Response to District’s RFP or RFI.

5 AFFIRMATIVE ACTION, EQUAL EMPLOYMENT OPPORTUNITY

5.1 The District is committed to the policy that all persons shall have equal access to its programs,

facilities, and employment without regard to race, color, creed, religion, sex, national origin,

age, marital status, disability, public assistance status, veteran status, or sexual orientation and

is committed to transacting business only with firms who follow these practices. Contractor

must apply every good faith effort to ensure implementation of this policy in their practices of

employment, upgrade, demotion or transfer, recruitment, or recruitment advertising, layoff or

termination, rates of pay or other forms of compensation, and selection for training, including

apprenticeship. As applicable, Contractor shall also develop and have on file for each of its

establishments, written Affirmative Action Plans, as may be required by the rules and

regulations of the Secretary of Labor. If applicable, Contractor certifies that it has received a

certificate of compliance from the Minnesota Commissioner of Human Rights for its

affirmative action plan. By accepting this Contract, Contractor certifies that it complies with all

applicable federal and state laws as well as District policies related to non-discrimination, equal

employment opportunity, and affirmative action.

6 BACKGROUND CHECKS

6.1 Contractor shall screen Contractor and all paid and volunteer employees and agents, including

interviews, reference checks, credit history (if handling district funds), driving history and

insurance coverage (if transporting district staff, students or families). And, Contractor shall

conduct criminal background checks in accordance with state and federal law and District

policy for Contractor and all paid and volunteer employees and agents who will have direct

contact with children under this Contract. Background checks will be done prior to any contact

with children, and shall be done in accordance with applicable state and federal laws, including

but not limited to Minn. Stat. Sections 299C.61-.64; Minn. Stat. Section 123B.03; 42

U.S.C.Section 5119a and 42 U.S.C. Section 14501-05.

6.2 Contractor is responsible for ensuring that all paid and volunteer employees and agents who

will be in contact with District staff and students are appropriate persons to conduct such work.



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7 DATA PRIVACY

7.1 Contractor agrees that any information it creates, collects, receives, stores, uses, or

disseminates during the course of its performance, which concerns the personal, financial, or

other affairs of the District, its Board, officers, employees or students shall be kept confidential

and in conformance with all state and federal laws relating to data privacy, including, without

limitation, the Minnesota Government Data Practices Act, Minnesota Statute, Chapter 13.

Contractor must comply with any applicable requirements as if it were a governmental entity.

The remedies in Minn. Stat. § 13.08 apply to the Contractor. The Contractor will report

immediately to the District any requests from third parties for information related to this

Contract. The District will respond to such data requests. All subcontracts, if allowed, shall

contain the same or similar data practices compliance requirements.

8 OWNERSHIP OF MATERIAL

8.1 The Contractor expressly waives to the District any claim to copyright pertaining to all new

materials, publications, and documents produced as a result of this Contract and agrees that the

District shall have exclusive right to and responsibility for their distribution, publication,

copyrighting (when applicable) and all other matters relating to dissemination of the materials.

Contractor shall not use, willingly allow or cause to have such materials used for any purpose

other than performance of Contractor’s obligations under this Contract without prior written

consent of the District.

9 USE OF DISTRICT NAME OR LOGO

9.1 Contractor agrees not to use the name, logo, or any other marks (including, but not limited to,

colors and music) owned by or associated with the District or the name of any representative of

the District in any sales promotion work or advertising, or any form of publicity, without the

written permission of the District.

10 INDEPENDENT CONTRATOR

10.1 Contractor shall perform its duties hereunder as an independent contractor and not as an

employee of the District. Neither Contractor nor any agent or employee of Contractor shall be

or shall be deemed to be an agent or employee of the District. Contractor shall pay when due

all required employment taxes and income tax withholding, including all federal and state

income tax on any monies paid pursuant to this Contract. Contractor acknowledges that

Contractor and its employees are not entitled to tax withholding, worker’s compensation,

unemployment compensation, or any employee benefits, statutory or otherwise. Contractor

shall have no authorization, express or implied, to bind District to any agreements, liability, or

understanding except as expressly set forth herein. Contractor shall be solely responsible for

the acts of Contractor, its employees and agents.

10.2 Contractor shall hold District completely harmless from and against any such

contributions, premiums and taxes described above and from all claims and liability pertaining

to those or any other item for which Contractor is responsible under this Contract, and from all



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attorney’s fees and other costs incurred by District in contesting or defending against any

responsibility therefore which is asserted against District.

11 WORKER HEALTH, SAFETY AND TRAINING

11.1 Contractor shall be solely responsible for the health and safety of its employees and/or

self in connection with the work performed under this Contract. Contractor shall make

arrangements to ensure the health and safety of all subagents and other persons who may

perform work in connection to this Contract. Contractor shall ensure all personnel, subagents

and/or self are properly trained and supervised and, when applicable, duly licensed or certified

appropriate to the tasks performed under this Contract. Contractor shall comply with federal,

state and local occupational safety and health standards, regulations, and rules promulgated

pursuant to the Occupational Health and Safety Act that are applicable to the work performed

by Contractor. Contractor shall develop and implement an emergency plan and procedures to

follow in emergencies.

12 BUREAU OF CITIZENSHIP & IMMIGRATION SERVICES REQUIREMENTS

12.1 Contractor shall comply with all applicable requirements of the BCIS relating to

employment including but not limited to confirming nationality for all employees and

complying with requirements for employing aliens if appropriate.

13 INSURANCE

13.1 At all times during its performance under this Contract, Contractor shall obtain and

keep in force comprehensive general liability insurance, including coverage for death, bodily or

personal injury, property damage, liability and automobile coverages, with limits of not less

than $1,500,000 each claim and $1,500,000 each occurrence covering claims that arise out of

its acts and operations in providing services to the District or at limits established for a

municipal corporation by Minnesota Statute Section 466.04. All such certificates evidencing

such insurance shall name District as additional insured. Contractor may meet the limits above

$1,000,000 per occurrence through umbrella or excess coverage.

13.2 Contractor represents that it has worker’s compensation insurance to the extent required

by law and agrees to furnish proof of such insurance for worker’s compensation and the

liability insurance, upon request. Contractor also represents that it has professional liability

insurance with limits of not less than $1,500,000 each claim and $1,500,000 each occurrence

covering claims that arise out of its acts and operations in providing services to the District, but

shall not name the District as an additional insured to the coverage.

13.3 Contractor or its members shall also maintain property insurance coverage for the

facility in which the program is located if it is not in a district building. Contractor and its

members shall obtain and maintain insurance covering claims for the loss of or damage to its

personal property that may be caused by students attending its programs.



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13.4 Contractor shall provide all such certificates to District. Contractor shall not cancel or

revise any insurance coverage required by this section during the term of this Contract, and

shall require its insurer to mail the District a notice if the coverage is cancelled or revised.

14 INDEMNIFICATION

14.1 Contractor agrees to release, defend, indemnify, and hold harmless District, its board,

officers, students, employees, and agents from all liability, injuries, claims, damages (including

claims of bodily injury, property damage, or negligence), or loss, including costs, expenses,

and attorneys’ fees, which arise in connection with, in relation to, or as a result of Contractor’s

negligent acts or omissions or in connection with Contractor’s breach of warranties. The

foregoing agreement to release, defend, indemnify and hold harmless shall not apply to the

extent such liability, injuries, claims, damages, or loss was caused by the intentional, willful, or

wanton acts of District. Contractor shall not settle or compromise any claim in which the

District has been named a party and for which Contractor must indemnify the District without a

signed agreement approved by the District.

15 LIMITATION ON LIABILTY

15.1 In no event shall the District be liable for any indirect, consequential, incidental, lost profits

or like expectancy damages arising out of the Contract. District’s maximum obligation under

this Contract shall not exceed the amount set forth herein.

16 CONFLICT OF INTEREST/CODE OF ETHICS

16.1 Contractor agrees that it will not represent any other party or client which may create a

conflict of interest in its representation with the District. Contractor agrees to be bound by the

District’s Code of Ethics. In particular, Contractor: (i) certifies that it has not paid kickbacks

directly or indirectly to any District employee for the purpose of obtaining this or any other

District Contract; (ii) agrees to cooperate fully with any investigation involving a possible

violation; and (iii) agrees to report any suspected violations to the District. Contractor certifies

that it has provided no fees, gifts, gratuities, compensation, or anything of value in violation

any applicable laws or District policies.

17 COMPLIANCE WITH LAWS AND DEBARMENT

17.1 Contractor certifies that all goods or services furnished under this Contract shall comply

with all applicable federal, state, and local laws and regulations, as well as District policies and

procedures, regardless of whether such laws and regulations are specifically set forth in this

Contract. Contractor represents that it is not currently debarred or suspended by any federal

agency from doing business with the federal or state government. Contractor shall notify

District if it becomes debarred or suspended during the term of this Contract. District may

immediately terminate this Contract in the event of such termination or suspension and

Contractor shall be responsible for any costs incurred by District in connection therewith.

18 TERMINATION



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18.1 The District and/or Contractor may terminate this Contract at any time without cause,

upon thirty (30) days written notice to the other Party. In the event of such termination,

Contractor shall be entitled to payment, calculated on a pro rata or other equitable basis,

determined by District in its sole discretion, for work or services satisfactorily performed. In

no event shall Contractor be paid for work performed or costs incurred after termination, or for

costs incurred by suppliers or subcontractors which reasonably could have been avoided.

18.2 District may terminate this Contract in whole or in part for cause upon seven (7) days

written notice if Contractor fails to comply with any material term or condition of this Contract,

becomes insolvent or files for bankruptcy protection, or fails to comply in a material way with

the requirements of this Contract. Late delivery of goods or services, or delivery of goods or

services that are defective or do not conform to the Contract shall, without limitation, be causes

allowing District to terminate for cause. If a determination is made that District improperly

terminated this Contract for Cause, then such termination shall be deemed to have been for

without cause.

18.3 Notwithstanding the above, Contractor shall not be relieved of liability to the District

for damages sustained by the District as a result of any breach of this Contract by the contactor.

The District, may, in such event, withhold payments due to the Contractor for the purpose of

set-off until such time as the exact amount of damages due to the District is determined. The

rights or remedies provided here shall not limit the District, in case of any default, error or

omissions, by the Contractor, from asserting any other right or remedy allowed by law.

Nothing in this Contract shall be construed as a waiver of any right, remedy, liability limit or

immunity of the District under law.

19 RETURN OF DATA

19.1 Within ten (10) days of the completion, termination of this Contract, or upon request of

the District, whichever occurs first; Contractor shall return all documents, data and other

information provided by the District to Contractor, or Contractor’s employees or agents in

connection with this Contract. Or, Contractor, upon the request of the District, shall destroy all

copies of such District provided data, documents, or information in Contractor’s possession or

control, and provide District with proof of such destruction.

19.2 Within fifteen (15) days of the completion or earlier termination of this Contract, or

upon earlier request of the District, Contractor shall return all documents, data and other

information provided by the District to Contractor, or Contractor’s employees or agents in

connection with this Contract. Additionally, Contractor, upon the request of the District, shall

destroy all copies of such District provided data, documents, or information in Contractor’s

possession or control, and provide District with proof of such destruction.

20 RECORDS MANAGEMENT AND MAINTENANCE

20.1 District shall have the right to inspect and copy such books, records, and documents (in

whatever medium they exist) as well as all accounting procedures and practices of Contractor,

its agents, and subcontractors to verify Contractor’s performance and all expenses submitted



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pursuant to the terms of this Contract. Contractor shall make such items available for

inspection during normal business hours at Contractor’s place of business. Such records may be

subject to copy, review and/or audit by District, State Auditor and/or the Comptroller General

of the United States, or a duly authorized representative, if federal funds are used for any work

under this Contract. All such items shall be retained by Contractor during the term of this

Contract and for a period of six (6) years after the delivery of the goods and/or services. Any

items relating to a claim arising out of the performance of this Contract shall be retained by

Contractor, its agents and subcontractors, if any, until the claim has been resolved.

21 NOTICES/ADMINISTRATION

Except as otherwise provided in this Contract, all notices, requests and other communications that a

party is required or elects to deliver shall be in writing and shall be delivered personally, or by

facsimile or electronic mail (provided such delivery is confirmed), or by a recognized overnight

courier service or by United States mail, first-class, certified or registered, postage prepaid, return

receipt requested, to the other parties at the address set forth below or to such other address as such

party may designate by notice given pursuant to this section.

Special School District No. 1

Department

Attn:

1250 W Broadway

Minneapolis, MN 55411

Email:

Fax:

Attn:_______________________________________

Address: ____________________________________

Email: _____________________________________

Fax: _____________________________________

22 ACKNOWLEDGMENT

22.1 In signing, Contractor certifies under penalties of perjury (see Section 6109 of the IRS

Code for further penalties) that: (1) the taxpayer ID number (TIN) provided to District is

correct; (2) it is not subject to back up withholding because (a) it is exempt from such

withholding, (b) it has not been notified by the IRS that it is subject to backup withholding as a

failure to report all interest or dividends, or (c) the IRS has notified it that it is no longer subject



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to backup withholding; (3) it is a U.S. person (including a U.S. resident alien); and (4) it has

full authority to execute this Contract and perform its obligation under this Contract. Contractor

must cross out and initial item (2) and notify District in writing, if Contractor has been notified

by the IRS that it is currently subject to backup withholding because of under reporting interest

or dividends on its tax return. Contractor must cross out item (3) above if it is not a U.S person

for tax purposes or U.S. resident alien.

22.2 Notwithstanding this certification, Contractor hereby acknowledges that District has the

right to withhold amounts for federal backup withholding if such withholding is required by

written notice from the Internal Revenue Service issued subsequent to the date this Contract is

executed.

23 NON-WAIVER

23.1 No waiver by any party of any default or nonperformance shall be deemed a waiver of

any subsequent default or nonperformance.

24 ASSIGNMENT

24.1 Contractor may not assign any obligations of this Contract without the prior written

consent of District. In the event of any assignment, Contractor shall remain responsible for its

performance and that of any assignee under this Contract. This Contract shall be binding upon

Contractor, and its successors and assigns, if any. Any assignment attempted to be made in

violation of this Contract shall be void. Notwithstanding any notice of assignment, District’s

tender of payment to Contractor named herein, or to any person reasonably believed by District

to be entitled to payment, shall satisfy District’s obligation to pay, and in no event shall District

be obligated to pay twice or be liable for any damages due to failure to pay the correct party.

25 CHOICE OF LAW, FORUM SELECTION, ENTIRE CONTRACT AND

AMENDMENT

25.1 This Contract shall be construed under Minnesota law (without regard for choice of law

considerations). Any action arising out of this Contract shall be heard by a state court in

Minnesota. For this purpose, Contractor specifically consents to jurisdiction in Minnesota. This

Contract constitutes the entire Contract and understanding of the parties and replaces any prior

or contemporaneous agreement, whether written or oral. Any amendments to this Contract shall

be in writing and executed by same parties who executed the original Contract, or their

successors in office.

26 WARRANTY

26.1 Contractor expressly warrants and guarantees that the services performed under this

Contract will be of the highest professional standards and quality. Contractor further represents

that all services and goods (if any and as applicable) provided under this Contract: (i) are free

from defects in material and workmanship; (ii) are of the quality, size and dimensions ordered;

(iii) are fit for the particular needs and purposes of District as may be communicated to



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Contractor; (iv) comply with the highest warranties and representations expressed by

Contractor orally or in any written document provided to or in the possession of District; (v)

comply with all applicable laws, codes and regulations (including any published by any

national or statewide association or groups); and (vi) are not restricted in any way by patents,

copyrights, trade secrets, or any other rights of third parties. If any of the foregoing warranties

are breached, Contractor agrees to correct all defects and nonconformities at Contractor’s sole

expense, to be liable for all direct damages suffered District and any other persons, and to

defend, indemnify, and hold harmless District and its Board, officers, students, employees, and

agents from any claim asserted by any person resulting in whole or in part from such breach.

The foregoing warranties and guarantees shall not be deemed waived by reason of the

acceptance of the goods or services or payment by District.

27 SEVERABILITY

27.1 If any provision of this Contract shall be invalid or unenforceable with respect to any

party, the remainder of the Contract, or the application of such provision to persons other than

those as to which it is held invalid or unenforceable, shall not be affected and each provision of

the remainder of the Contract shall be valid and be enforceable to the fullest extent permitted

by law.

28 SURVIVABILITY

28.1 The terms, provisions, representations, and warranties contained in this Contract that by

their sense and context are intended to survive the performance thereof by any of the parties

hereunder shall so survive the completion of performance and termination of this Contract,

including the making of any and all payments hereunder.

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