1-Request for Proposal (RFP) Districtwide School-Home Communication System.pdf

Request for Proposal (RFP) Districtwide School–Home Communication System Issued by: Iron County School District Date of Release: October 8, 2025

1. Introduction The Iron County School District is soliciting proposals from qualified vendors to provide a comprehensive, secure, and scalable school–home communication platform that supports districtwide messaging needs, integrates with PowerSchool, and complies with all applicable student privacy laws.

The selected solution must enable communication at district, school, classroom, and activity levels; ensure reliable delivery across multiple channels (SMS, email, in-app, voice); and provide robust administration, compliance, and reporting features.

2. Project Goals

● Establish a single districtwide platform for all official communication between schools, families, staff, and select community stakeholders.

● Ensure safety, compliance, and accessibility for all users.

● Provide seamless integration with PowerSchool and support for automated rostering, identity management, and data governance.

● Deliver high reliability, scalability, and usability for diverse audiences across the district.

3. Scope of Work / Requirements The following requirements are categorized as Must-have (M), Strongly Preferred (S), or Nice-to-have (N).

3.1 Core Use Cases

● (M) District, school, classroom, coach/advisor, and targeted group messaging.

● (M) App-free communication (text/email fallback).

● (S) Staff-only announcements.

● (N) Community group/guest messaging.

3.2 Integration & Data Sync (PowerSchool)

● (M) Automated rostering through a PowerSchool API.

● (M) Robust identity matching and deduplication.

● (M) Auto group creation from SIS.

● (M) Timely removal of exited students.

● (N) SCIM provisioning.

● (N) Connectors for transportation, cafeteria, activity and other systems.

3.3 Compliance, Privacy & Safety

● (M) FERPA, HIPAA, COPPA, TCPA compliance.

● (M) Signed Data Privacy Agreement (DPA) consistent with Utah State compliance standards; no data resale.

● (M) Encryption, breach notification, retention controls, SOC 2/ISO certification.

● (M) Safety controls for minors.

● (N) United States data residency.

3.4 Opt-In/Opt-Out & Consent

● (M) Opt-out by channel; consent capture & logging.

● (M) Guardian channel/language preferences.

● (M) Opt-in via code for ad hoc groups.

● (N) Emergency override of quiet hours.

3.5 Messaging Features

● (M) Multichannel (text, email, app, optional voice).

● (M) Two-way messaging with controls.

● (M) Templates, scheduling, attachments, auto-translation (two-way).

● (N) Link shortener, read receipts.

3.6 Emergency & Mass Notification

● (M) High-throughput emergency sends.

● (M) Status dashboard.

● (M) Restricted emergency senders & templates.

● (S) Geographic targeting.

3.7 Deliverability & Sender Reputation

● (M) 10DLC compliance, carrier vetting.

● (M) SPF/DKIM/DMARC alignment.

● (M) Landline detection/fallback.

3.8 Accessibility & UX

● (M) WCAG 2.2 AA compliance.

● (S) Low-bandwidth/SMS-first options.

● (N) TTY/TDD voice support.

3.9 Reporting & Analytics

● (M) Delivery/read rates, opt-outs, channel usage, sender activity.

● (M) Cost/usage reports.

● (M) Evidence records for compliance/eDiscovery.

3.10 Administration & Governance

● (M) Centralized controls with delegation.

● (M) Content controls, retention policies, role-based permissions.

3.11 Implementation, Migration & Support

● (M) SIS integration, rollout plan, admin training.

● (M) Import/export tools, historical archive migration.

● (M) Knowledge base, live admin support, 24/7 emergency support.

● (S) Training assets (videos, multilingual quick starts).

● (N) Sandbox/test tenant.

3.12 Security Controls

● (M) MFA, device management, IP allowlisting, audit logs.

● (M) Subprocessor disclosure, data flow diagram.

● (N) Field-level masking.

3.13 Pricing & Commercial Terms

● (M) Transparent pricing (per student/school, volume tiers, overage rates, implementation/training fees).

● (M) District data ownership & export rights.

● (M) Flexible term options with termination rights.

● (S) Pre-signed Utah student privacy addendum.

● (N) Price incentives for consortium/multi-year.

3.14 Performance & Reliability

● (M) Uptime SLA ≥99.9%, status page, redundancy, DR testing.

● (N) Queue visibility and performance targets.

3.15 Demonstration

● (M) In-person demonstration.

● (M) Tailored demonstration according to ICSD use cases.

● (M) Shown from the perspective of parents, teachers and administration.

● (M) Includes demonstration of the integration into our systems (we can provide access to our PowerSchool sandbox).

● (M) Ability to demonstrate any other of the requirements listed in section 3 above.

4. Vendor Response Instructions Vendors must:

1. Provide yes/no + explanation for each requirement (M/S/N), including documentation or links.

2. Submit detailed PowerSchool integration approach (method, data fields, frequency, error handling).

3. Attach security and privacy certifications (SOC 2/ISO), DPA, subprocessor list, incident policy.

4. Demonstrate 10DLC registration readiness and email domain alignment steps.

5. Provide a translation demo script (two-way).

6. Provide sample training materials for admins, staff, and parents.

7. Include an implementation timeline with district resource requirements.

8. Must submit Pricing and Commercial Terms in a separate sealed envelope or send electronically in a separate file titled “Pricing and Commercial Terms” to hunter.shaheen@ironmail.org.

5. Evaluation & Scoring Proposals will be evaluated using the following weighted framework (120 points total):

● Integration & Data Sync: 20

● Compliance, Privacy & Security: 20

● Messaging & Emergency Features: 20

● Deliverability & Accessibility: 10

● Admin/Governance & Reporting: 5

● Implementation & Support: 10

● Pricing & Commercial Terms: 15

● Demonstration (if needed): 20

Stage 1: Evaluation scoring for everything except the demonstration will determine the top 3 scoring vendors which will move to stage 2.

Stage 2: The demonstration will be scored and the final selection will be made.

6. Proposal Submission

● Deadline: Tuesday, November 4, 2025, 4:00 pm MST

○ Demonstrations will be scheduled during the week of November 10-14, 2025.

● Format: PDF via email to hunter.shaheen@ironmail.org, no later than 4:00 MST.

● Questions: Submit in writing through the Bonfire system by 2:00 pm MT, October 29, 2025.

7. Terms & Conditions

● The district reserves the right to reject any/all proposals.

● The district is not responsible for costs incurred in proposal preparation.

● Award is contingent on successful contract negotiation, legal approval, and board approval.

● Please see attachment A: “Terms and Conditions for Goods and Services” attached to this RFP.

● Submission of a proposal constitutes the vendors understanding and agreement that they will not impose limited financial liabilities on ICSD as a result of award of this contract, renegotiation, or renewal of contract or DPA. If incurred, vendor product liabilities must meet the amount of resulting damages and not be limited to (or about) the max dollar amount spent annually by ICSD for the vendor product and support services.

mailto:hunter.shaheen@ironmail.org

ATTACHMENT A:

IRON COUNTY SCHOOL DISTRICT STANDARD TERMS AND CONDITIONS FOR GOODS AND SERVICES

This is for a contract for goods, meaning all things (including specially manufactured goods) which are tangible, including but not limited to materials, supplies, and equipment; and usually movable.

1. DEFINITIONS: The following terms shall have the meanings set forth below:

a) “Confidential Information” means information that is deemed as confidential under applicable state and federal laws, including personal information. The District reserves the right to identify, during and after this Contract, additional reasonable types of categories of information that must be kept confidential under federal and state laws.

b) “Contract” means the Contract Signature Page(s), including all referenced attachments and documents incorporated by reference. The term “Contract” may include any purchase orders that result from this Contract.

c) “Contract Signature Page(s)” means the cover page(s) that the District and Contractor signed.

d) “Contractor” means the individual or entity delivering the Goods identified in this Contract. The term “Contractor” shall include Contractor’s agents, officers, employees, and partners.

e) “District” means the Iron County School District, in its entirety, including its schools, divisions, departments, authorities, instrumentalities, boards, elected or appointed officers, employees, agents, and authorized volunteers.

f) “Goods” means all types of tangible personal property (commodities), including but not limited to materials, supplies, and equipment that Contractor is required to deliver to the District under this Contract. To the extent this Contract entails delivery or performance of services (including maintenance, installation, or product support) such services will be deemed “Goods” within the meaning of the Utah Uniform Commercial Code when reasonable to do so.

g) “Proposal” means Contractor’s response to the District’s Solicitation.

h) “Solicitation” means the documents used by the District to obtain Contractor’s Proposal.

i) “Subcontractors” means subcontractors or subconsultants at any tier that are under the direct or indirect control or responsibility of the Contractor, and includes all independent contractors, agents, employees, authorized resellers, or anyone else for whom the Contractor may be liable at any tier, including a person or entity that is, or will be, providing or performing an essential aspect of this Contract, including Contractor’s manufacturers, distributors, and suppliers.

2. GOVERNING LAW AND VENUE: This Contract shall be governed by the laws, rules, and regulations of the State of Utah.

Any action or proceeding arising from this Contract shall be brought in a court of competent jurisdiction in the State of Utah.

Venue shall be in Cedar City, in the Fifth Judicial District Court for Iron County.

3. LAWS AND REGULATIONS: At all times during this Contract, Contractor and all the Goods delivered under this Contract will comply with all applicable federal and state constitutions, laws, rules, codes, orders, and regulations, including applicable licensure and certification requirements. If this Contract is funded by federal funds, either in whole or in part, then any federal regulation related to the federal funding will supersede this Attachment A.

4. RECORDS ADMINISTRATION: Contractor shall maintain or supervise the maintenance of all records necessary to properly account for Contractor’s performance and the payments made by the District to Contractor under this Contract. These records shall be retained by Contractor for at least six (6) years after final payment, or until all audits initiated within the six (6) years have been completed, whichever is later. Contractor agrees to allow, at no additional cost, the District, state auditors and federal auditors, District staff, or their designees, access to all such records.

5. CERTIFY REGISTRATION AND USE OF EMPLOYMENT "STATUS VERIFICATION SYSTEM”: The Status Verification System, also referred to as “E-verify”, only applies to contracts issued through a Request for Proposal process and to sole sources that are included within a Request for Proposal.

1. Contractor certifies as to its own entity, under penalty of perjury, that Contractor has registered and is participating in the Status Verification System to verify the work eligibility status of Contractor’s new employees that are employed in the State of Utah in accordance with applicable immigration laws.

2. Contractor shall require that each of its Subcontractors certify by affidavit, as to their own entity, under penalty of perjury, that each Subcontractor has registered and is participating in the Status Verification System to verify the work eligibility status of Subcontractor’s new employees that are employed in the State of Utah in accordance with applicable immigration laws.

3. Contractor’s failure to comply with this section will be considered a material breach of this Contract.

6. CONFLICT OF INTEREST: Contractor represents that none of its officers or employees are officers or employees of the District, unless disclosure has been made to the District.

7. INDEPENDENT CONTRACTOR: Contractor and Subcontractors, in the performance of this Contract, shall act in an independent capacity and not as officers or employees or agents of the District.

8. INDEMNITY: Contractor shall be fully liable for the actions of its agents, employees, officers, partners, and Subcontractors, and shall fully indemnify, defend, and save harmless the District from all claims, losses, suits, actions, damages, and costs of every name and description arising out of Contractor’s performance of this Contract caused by any intentional act or negligence of Contractor, its agents, employees, officers, partners, or Subcontractors, without limitation; provided, however, that the Contractor shall not indemnify for that portion of any claim, loss, or damage arising hereunder due to the sole fault of the District. The parties agree that if there are any limitations of the Contractor’s liability, including a limitation of liability clause for anyone for whom the Contractor is responsible, such limitations of liability will not apply to injuries to persons, including death, or to damages to property of the District. Nothing in this Agreement shall be deemed as a waiver by any party of the defenses, rights or protections provided by the Utah Governmental Immunity Act (Utah Code Ann. 63G-7-101 et. seq.) nor shall this Agreement be construed with respect to third parties as a waiver of any governmental immunity to which the District is otherwise entitled.

9. EMPLOYMENT PRACTICES: Contractor agrees to abide by the following federal and state employment laws, including: (i) Title VI and VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e), which prohibits discrimination against any employee or applicant for employment or any applicant or recipient of services on the basis of race, religion, color, or national origin; (ii) Executive Order No. 11246, as amended, which prohibits discrimination on the basis of sex; (iii) 45 CFR 90, which prohibits discrimination on the basis of age; (iv) Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990, which prohibits discrimination on the basis of disabilities; and (v) Utah's Executive Order, dated December 13, 2006, which prohibits unlawful harassment in the workplace. Contractor further agrees to abide by any other laws, regulations, or orders that prohibit the discrimination of any kind by any of Contractor’s employees.

10. AMENDMENTS: This Contract may only be amended by the mutual written agreement of the parties, which amendment will be attached to this Contract. Automatic renewals will not apply to this Contract, even if identified elsewhere in this Contract.

11. DEBARMENT: Contractor certifies that it is not presently nor has ever been debarred, suspended, proposed for debarment, or declared ineligible by any governmental department or agency, whether international, national, state, or local. Contractor must notify the District within thirty (30) days if debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any contract by any governmental entity during this Contract.

12. TERMINATION: Unless otherwise stated in this Contract, this Contract may be terminated, with cause by either party, in advance of the specified expiration date, upon written notice given by the other party. The party in violation will be given ten (10) days after written notification to correct and cease the violations, after which this Contract may be terminated for cause immediately and subject to the remedies below. This Contract may also be terminated without cause (for convenience), in advance of the specified expiration date, by either party, upon thirty (30) days written termination notice being given to the other party. The District and the Contractor may terminate this Contract, in whole or in part, at any time, by mutual agreement in writing.

On termination of this Contract, all accounts and payments will be processed according to the financial arrangements set forth herein for approved and conforming Goods ordered prior to date of termination. In no event shall the District be liable to the Contractor for compensation for any Good neither requested nor accepted by the District. In no event shall the District’s exercise of its right to terminate this Contract for convenience relieve the Contractor of any liability to the District for any damages or claims arising under this Contract.

13. NONAPPROPRIATION OF FUNDS, REDUCTION OF FUNDS, OR CHANGES IN LAW: Upon thirty (30) days written notice delivered to the Contractor, this Contract may be terminated in whole or in part at the sole discretion of the District, if the District reasonably determines that: (i) a change in Federal or State legislation or applicable laws materially affects the ability of either party to perform under the terms of this Contract; or (ii) that a change in available funds affects the District’s ability to pay under this Contract. A change of available funds as used in this paragraph includes, but is not limited to a change in Federal or State funding, whether as a result of a legislative act or by order of the President or the Governor.

If a written notice is delivered under this section, the District will reimburse Contractor for the Goods properly ordered until the effective date of said notice. The District will not be liable for any performance, commitments, penalties, or liquidated damages that accrue after the effective date of said written notice.

14. SALES TAX EXEMPTION: The Goods under this Contract will be paid for from the District’s funds and used in the exercise of the District’s essential functions as a State of Utah entity. Upon request, the District will provide Contractor with its sales tax exemption number. It is Contractor’s responsibility to request the District’s sales tax exemption number. It also is Contractor’s sole responsibility to ascertain whether any tax deduction or benefits apply to any aspect of this Contract.

15. WARRANTY: Contractor warrants, represents and conveys full ownership and clear title, free of all liens and encumbrances, to the Goods delivered to the District under this Contract. Contractor warrants for a period of one (1) year that: (i) the Goods perform according to all specific claims that Contractor made in its Proposal to the Solicitation; (ii) the Goods are suitable for the ordinary purposes for which such Goods are used; (iii) the Goods are suitable for any special purposes identified in the Proposal and the Solicitation; (iv) the Goods are designed and manufactured in a commercially reasonable manner; (v) the Goods are manufactured and in all other respects create no harm to persons or property; and (vi) the Goods are free of defects. Unless otherwise specified, all Goods provided shall be new and unused of the latest model or design.

Remedies available to the District under this section include, but are not limited to, the following: Contractor will repair or replace Goods at no charge to the District within ten (10) days of any written notification informing Contractor of the Goods not performing as required under this Contract. If the repaired and/or replaced Goods prove to be inadequate, or fail its essential purpose, Contractor will refund the full amount of any payments that have been made. Nothing in this warranty will be construed to limit any rights or remedies the District may otherwise have under this Contract.

16. INSURANCE: Contractor shall at all times during the term of this Contract, without interruption, carry and maintain commercial general liability insurance from an insurance company authorized to do business in the State of Utah. The limits of this insurance will be no less than one million dollars ($1,000,000.00) per occurrence and three million dollars ($3,000,000.00) aggregate.

Contractor also agrees to maintain any other insurance policies required in the Solicitation. Contractor shall provide proof of the general liability insurance policy and other required insurance policies to the District within thirty (30) days of contract award.

Contractor must add the District as an additional insured with notice of cancellation. Failure to provide proof of insurance as required will be deemed a material breach of this Contract. Contractor’s failure to maintain this insurance requirement for the term of this Contract will be grounds for immediate termination of this Contract.

17. WORKERS’ COMPENSATION INSURANCE: Contractor shall maintain workers’ compensation insurance during the term of this Contract for all its employees and any Subcontractor employees related to this Contract. Workers’ compensation insurance shall cover full liability under the workers’ compensation laws of the jurisdiction in which the work is performed at the statutory limits required by said jurisdiction. Contractor acknowledges that within thirty (30) days of contract award, Contractor must submit proof of certificate of insurance that meets the above requirements.

18. PUBLIC INFORMATION: Contractor agrees that this Contract, related purchase orders, related pricing documents, and invoices will be public documents and may be available for public and private distribution in accordance with the State of Utah’s Government Records Access and Management Act (GRAMA). Contractor gives the District express permission to make copies of this Contract, related sales orders, related pricing documents, and invoices in accordance with GRAMA. Except for sections identified in writing by Contractor and expressly approved by the Iron County School District Purchasing Department, Contractor also agrees that the Contractor’s Proposal to the Solicitation will be a public document, and copies may be given to the public as permitted under GRAMA. The District are not obligated to inform Contractor of any GRAMA requests for disclosure of this Contract, related purchase orders, related pricing documents, or invoices.

19. DELIVERY: All deliveries under this Contract will be F.O.B. destination with all transportation and handling charges paid for by Contractor. Responsibility and liability for loss or damage will remain with Contractor until final inspection and acceptance when responsibility will pass to the District, except as to latent defects or fraud. Contractor shall strictly adhere to the delivery and completion schedules specified in this Contract.

20. ACCEPTANCE AND REJECTION: The District shall have thirty (30) days after delivery of the Goods to perform an inspection of the Goods to determine whether the Goods conform to the standards specified in the Solicitation and this Contract prior to acceptance of the Goods by the District.

If Contractor delivers nonconforming Goods, the District may, at its option and at Contractor’s expense: (i) return the Goods for a full refund; (ii) require Contractor to promptly correct or replace the nonconforming Goods; or (iii) obtain replacement Goods from another source, subject to Contractor being responsible for any cover costs. Contractor shall not redeliver corrected or rejected Goods without: first, disclosing the former rejection or requirement for correction; and second, obtaining written consent of the District to redeliver the corrected Goods. Repair, replacement, and other correction and redelivery shall be subject to the terms of this Contract.

21. INVOICING: Contractor will submit invoices within thirty (30) days of the delivery date of the Goods to the District. The contract number shall be listed on all invoices, freight tickets, and correspondence relating to this Contract. The prices paid by the District will be those prices listed in this Contract, unless Contractor offers a prompt payment discount within its Proposal or on its invoice.

The District has the right to adjust or return any invoice reflecting incorrect pricing.

22. PAYMENT: Payments are to be made within thirty (30) days after a correct invoice is received. All payments to Contractor will be remitted by mail, electronic funds transfer, or the District’s Purchasing Card (major credit card). If payment has not been made after sixty (60) days from the date a correct invoice is received by the District, then interest may be added by Contractor as prescribed in the Utah Prompt Payment Act. The acceptance by Contractor of final payment, without a written protest filed with the District within ten (10) business days of receipt of final payment, shall release the District from all claims and all liability to the Contractor. The District’s payment for the Goods shall not be deemed an acceptance of the Goods and is without prejudice to any and all claims that the District may have against Contractor. The District will not allow the Contractor to charge end users electronic payment fees of any kind.

23. INDEMNIFICATION RELATING TO INTELLECTUAL PROPERTY: Contractor will indemnify and hold the District harmless from and against any and all damages, expenses (including reasonable attorneys' fees), claims, judgments, liabilities, and costs in any action or claim brought against the District for infringement of a third party’s copyright, trademark, trade secret, or other proprietary right. The parties agree that if there are any limitations of Contractor’s liability, such limitations of liability will not apply to this section.

24. OWNERSHIP IN INTELLECTUAL PROPERTY: The District and Contractor each recognizes that each has no right, title, or interest, proprietary or otherwise, in the intellectual property owned or licensed by the other, unless otherwise agreed upon by the parties in writing. All Goods, documents, records, programs, data, articles, memoranda, and other materials not developed or licensed by Contractor prior to the execution of this Contract, but specifically manufactured under this Contract shall be considered work made for hire, and Contractor shall transfer any ownership claim to the District.

25. ASSIGNMENT: Contractor may not assign, sell, transfer, subcontract or sublet rights, or delegate any right or obligation under this Contract, in whole or in part, without the prior written approval of the District.

26. REMEDIES: Any of the following events will constitute cause for the District to declare Contractor in default of this Contract: (i) Contractor’s non-performance of its contractual requirements and obligations under this Contract; or (ii) Contractor’s material breach of any term or condition of this Contract. The District may issue a written notice of default providing a ten (10) day period in which Contractor will have an opportunity to cure. Time allowed for cure will not diminish or eliminate Contractor's liability for damages. If the default remains after Contractor has been provided the opportunity to cure, the District may do one or more of the following: (i) exercise any remedy provided by law or equity; (ii) terminate this Contract; (iii) impose liquidated damages, if liquidated damages are listed in this Contract; (iv) debar/suspend Contractor from receiving future contracts from the District; or (v) demand a full refund of any payment that the District has made to Contractor under this Contract for Goods that do not conform to this Contract.

27. FORCE MAJEURE: Neither party to this Contract will be held responsible for delay or default caused by fire, riot, act of God, and/or war which is beyond that party's reasonable control. The District may terminate this Contract after determining such delay will prevent successful performance of this Contract.

28. CONFIDENTIALITY: If Confidential Information is disclosed to Contractor, Contractor shall: (i) advise its agents, officers, employees, partners, and Subcontractors of the obligations set forth in this Contract; (ii) keep all Confidential Information strictly confidential; and (iii) not disclose any Confidential Information received by it to any third parties. Contractor will promptly notify the District of any potential or actual misuse or misappropriation of Confidential Information.

Contractor shall be responsible for any breach of this duty of confidentiality, including any required remedies and/or notifications under applicable law. Contractor shall indemnify, hold harmless, and defend the District, including anyone for whom the District is liable, from claims related to a breach of this duty of confidentiality, including any notification requirements, by Contractor or anyone for whom the Contractor is liable.

Upon termination or expiration of this Contract, Contractor will return all copies of Confidential Information to the District or certify, in writing, that the Confidential Information has been destroyed. This duty of confidentiality shall be ongoing and survive the termination or expiration of this Contract.

29. PUBLICITY: Contractor shall submit to the District for written approval all advertising and publicity matters relating to this Contract. It is within the District’s sole discretion whether to provide approval, which approval must be in writing.

30. WAIVER: A waiver of any right, power, or privilege shall not be construed as a waiver of any subsequent right, power, or privilege.

31. PROCUREMENT ETHICS: Contractor understands that a person who is interested in any way in the sale of any supplies, services, construction, or insurance to the District is violating the law if the person gives or offers to give any compensation, gratuity, contribution, loan, reward, or any promise thereof to any person acting as a procurement officer on behalf of the District, or to any person in any official capacity who participates in the procurement of such supplies, services, construction, or insurance, whether it is given for their own use or for the use or benefit of any other person or organization.

32. ATTORNEY’S FEES: In the event of any judicial action to enforce rights under this Contract, the prevailing party shall be entitled its costs and expenses, including reasonable attorney’s fees incurred in connection with such action.

33. DISPUTE RESOLUTION: Prior to either party filing a judicial proceeding, the parties agree to participate in the mediation of any dispute. The District, after consultation with Contractor, may appoint an expert or panel of experts to assist in the resolution of a dispute. If the District appoints such an expert or panel, District and Contractor agree to cooperate in good faith in providing information and documents to the expert or panel in an effort to resolve the dispute.

34. ORDER OF PRECEDENCE: In the event of any conflict in the terms and conditions in this Contract, the order of precedence shall be: (i) this Attachment A; (ii) Contract Signature Page(s); (iii) the District’s additional terms and conditions, if any; (iv) any other attachment listed on the Contract Signature Page(s); and (v) Contractor’s terms and conditions that are attached to this Contract, if any. Any provision attempting to limit the liability of Contractor or limit the rights of the District must be in writing and attached to this Contract or it is rendered null and void.

35. SURVIVAL OF TERMS: Termination or expiration of this Contract shall not extinguish or prejudice the District’s right to enforce this Contract with respect to any default of this Contract or defect in the Goods that has not been cured.

36. SEVERABILITY: The invalidity or unenforceability of any provision, term, or condition of this Contract shall not affect the validity or enforceability of any other provision, term, or condition of this Contract, which shall remain in full force and effect.

37. PRICE GUARANTEE, ADJUSTMENTS: The contract pricing will be guaranteed for the period specified in the original solicitation document. Following the guarantee period, any request for price adjustment must be for an equal guarantee period, and must be made at least 30 days prior to the effective date. Requests for price adjustment must include documentation supporting the request and demonstrating a logical mathematical link between the current price and the proposed price. Any adjustment or amendment to the contract will not be effective unless approved by the Iron County School District Purchasing Coordinator or Business Administrator. Iron County School District must be given the immediate benefit of any decrease in the market, or allowable discount.

38. ENTIRE AGREEMENT: This Contract constitutes the entire agreement between the parties and supersedes any and all other prior and contemporaneous agreements and understandings between the parties, whether oral or written.

39. EQUAL EMPLOYMENT OPPORTUNITY: Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of ``federally assisted construction contract'' in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, ``Equal Employment Opportunity'' (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p.339), as amended by Executive Order 11375, ``Amending Executive Order 11246 Relating to Equal Employment Opportunity,'' and implementing regulations at 41 CFR part 60, ``Office of Federal Contract Compliance Programs, Equal Employment Opportunity.

40. COPELAND “ANTI-KICKBACK” ACT: (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, ``Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States''). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

41. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT: (40 U.S.C.3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).

Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.

These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

42. CLEAN AIR ACT: (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C.

7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

43. BYRD ANTI-LOBBYING AMMENDMENT: (31 U.S.C. 1352)—Contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

44. ENERGY EFFICIENCY: Contractor must meet all energy efficiency standards contained in the state energy conservation plan issued in compliance with Energy Policy and Conservation Act (42 U.S.C. 6201)

45. ANTI-BOYCOTT ISRAEL: In accordance with Utah Statute 63G-27-101, Contractor certifies that it is not currently engaged in a boycott of the State of Israel and agrees not to engage in a boycott of the State of Israel for the duration of the contract.