1-RFP 2026-040, Utility Management Software.pdf

Northside Independent School District

Andrea C. Tena, MA, CTCM, RTSBA Director of Purchasing & Warehouse 607 Richland Hills Drive, Suite 700

San Antonio, Texas 78245

REQUEST FOR PROPOSAL

RFP 2026-040, Utility Management Software

Due Date: Thursday, February 5, 2026 at 10:30 AM (CT)

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Northside Independent School District Purchasing Department

607 Richland Hills Drive, Ste 700 San Antonio Texas, 78245

Phone: 210-397-8700 Business Hours: 7:30 AM – 4:30 PM (CT)

Opening Date and Time:

Thursday, February 5, 2026 at 10:30 AM (CT)

Issue Date: January 6, 2026 Page 1 of 48 Pages

RFP # 2026-040

(Request for Proposal)

“Utility Management Software”

The Proposal will be a firm offer which will be irrevocable and valid for 120 calendar days from the opening date.

The Northside Independent School District (NISD) requests interested parties to submit proposals for “Utility Management Software”. This award is contingent upon funding and no guarantee of a minimum amount of work is implied or expressed by this Request for Proposal. Services required shall be determined solely by the needs of the District.

OPENING DATE AND TIME: The submission must be uploaded to the Bonfire Portal https://nisd.bonfirehub.com/portal, (now Euna Procurement) submitted, and finalized prior to the opening date and time of Thursday, February 5, 2026 at 10:30 AM (CT).

We strongly recommend that you give yourself sufficient time and at least ONE (1) hour before the deadline to begin the uploading process and to finalize your submission.

Proposals will remain sealed until the due date and time to avoid disclosure to competing proposals. Contents of proposals will remain confidential during the negotiations period, if applicable. Only the proposal number and the identity of the Proposer(s) submitting the proposal will be made available to the public before award of the RFP. Proposals received after the Proposal due date and time will not be considered.

CONTRACT TERM: The contract shall be valid upon Board of Trustee approval for one (1) year with the option to renew for four (4) additional one (1) year periods. The District may award this RFP to a single respondent, multi-supplier award, or line item award based which provides the Best Value to the District upon the evaluation of all proposals received.

SUBMITTAL INSTRUCTIONS: Vendor submittals must be uploaded as separate, signed .pdf/xls. files using the following structure under “Required Documents”, pages 38-39 of this RFP. Responses not submitted as specified may be deemed “non-responsive”.

VENDOR QUESTIONS: All questions regarding this Request for Proposal must be addressed in written format through the Bonfire portal, https://nisd.bonfirehub.com/portal (now Euna Procurement), no later than Thursday, January 15, 2026 at 12:00 PM (CT).

Response to questions will be issued in the form of an addendum and posted for viewing.

Vendors are prohibited from discussing any matters related to this formal solicitation during the District’s formal evaluation process. Any violations will result in vendor disqualification. Reference attached General Terms & Conditions.

NON-CONFORMING TERMS & CONDITIONS – Proposer’s submitting a non-conforming response that include corporate forms, brochures, or sample contract forms that do not conform to the solicitation document will be requested to withdraw non-conforming terms and conditions that do not affect the price, quality, or delivery of goods/services. If price, quality or delivery is affected, the bid/proposal will be deemed “non-responsive”. The District’s General Terms and Conditions and Statement of Work (SOW)/Specifications will take precedence over the Bidder/Proposer’s boilerplate conditions. The Offeror’s “binder”, cover letter, and/or standard statement of work, template, etc. may become a part of the Contract Documents, but the Terms and Conditions (General and Special) and Statement of Work (SOW)/Specifications of the District’s solicitation document (RFP, RFQ, IFB, etc.)

take precedence.

***NISD WILL BE CLOSED IN OBSERVANCE OF

MARTIN LUTHER KING JR DAY, MONDAY, JANUARY 19, 2026***

PLEASE NOTE: This contract replaces RFP 2023-039 Utility Management Software, expiring 3/31/2026. All vendors are required to respond to this new RFP. Failure to do so, will impact your opportunity to continue business with the District.

Proposal Acknowledgement

Name and Address of Bidder/Proposer: (Please Print) BIDDER/PROPOSER AUTHORIZED TO SIGN:

Company Name: Print Name:

Address: Title:

City/State/Zip Code: Signature: Date_________

E-mail Address: NORTHSIDE INDEPENDENT SCHOOL DISTRICT

Telephone# (800 # if available): Print Name & Title: Andrea C. Tena, Director of Purchasing & Warehouse

Vendor Website: Signature/Date Signed:

Revised: 08/2025 https://nisd.bonfirehub.com/portal https://nisd.bonfirehub.com/portal file://northside/businessservices/Shares/Purchasing/PurchasingAllStaff/Andrea/Bonfire%20Template/Solicitation%20Templates/RFP%20Bonfire%20Template_09%202021.docx#_Toc83732302

MANDATORY FORMS

Proposers must provide the information requested on the following documents. If documents are missing or incomplete, this may result in disqualification. Please reference the forms for additional instructions.

REFERENCES

Proposers must provide the information requested on the following documents. If documents are missing or incomplete, this

EVALUATION FACTORS AND STATEMENT OF WORK

Proposers must provide the information requested on the following documents. If documents are missing or incomplete, this

1. Proposal Acknowledgement

2. Vendor Certification Form

3. Edgar Compliance

4. Purchasing General Terms and Conditions

5. Form A – Company Information

6. Form B – Pricing and Service Affirmation

7. Form C – Price Sheet

8. Form D – Certification of Insurance

9. Form E – SWMVBE Certification

10. Past Performance Questionnaire

11. Instructions, Submission Of Proposals, Required Documents, And Procedures

12. Evaluation Factors

13. Statement of Work and Specific Conditions

14. All addenda that have been issued.

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NORTHSIDE ISD

Vendor Certification Form

By submitting this offer, the Vendor certifies that he/she is a responsible authorized officer of the company and certifies the accuracy of the following statements:

DEBARMENT AND SUSPENSION

a. By signing this bid/proposal, vendor makes the assurance that vendor has not been debarred or suspended from conducting business with the US Government according to Executive Order 12549 entitled “Debarment and Suspension.” Non-Federal entities are prohibited from contracting with or making sub-awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. 'Covered transactions' include those procurement contracts for goods and services awarded under a nonprocurement transaction (e.g., grant or cooperative agreement) that are expected to equal or exceed $25,000 or meet certain other specified criteria. 2 CFR section 180.220 of the Government-wide Non-Procurement Debarment and Suspension Guidance contains those additional limited circumstances. All non-procurement transactions (i.e., sub-awards to sub-recipients), irrespective of award amount, are considered covered transactions.

□ Acknowledged

FELONY CONVICTION NOTIFICATION

b. Texas Education Code, Section 44.034, Notification of Criminal History of Contractor, subsection (a), states “a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony”. Subsection (b) states “a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business for services performed before the termination of the contract.”

Check one:

1. ___ My firm is a publicly held corporation; therefore, this reporting requirement is not applicable.

2. ___ My firm is not owned nor operated by anyone who has been convicted of a felony.

3. ___ My firm is owned or operated by the following individual(s) who has/have been convicted of a felony.

Name of Felon(s): ________________________________________________________________________ Details of Conviction(s): ___________________________________________________________________

NON-COLLUSION STATEMENT AND ANTI-LOBBYING CERTIFICATION

c. "Non-Collusion Statement" and “Anti-Lobbying Certification”: "The undersigned affirms that they are duly authorized to execute this Certification, Offer, and/or Contract and that this company, corporation, firm, partnership, etc., or individual has not prepared this bid in collusion (An agreement between two or more persons to deceive the school district or defraud the school district of its rights) with any other bidder, school board member, or school district employee, and that the contents of this bid as to prices, quality of product, terms and/or conditions, etc., have not been communicated by the undersigned nor by any other employee, agent and/or representative of the company, corporation, firm, partnership, etc., or individual to any other person engaged in this type of business prior to the official opening of this bid for the intent or purpose of collusion." In accordance with Title 31, USC Section 1352, no attempt has been or will be made by this company’s officers, employees, or agents to lobby, directly or indirectly, with the Northside Independent School District Board of Trustees between bid/proposal submission date and award by the Board.

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CONFLICT OF INTEREST

d. “Conflict of Interest”:

(1) Neither an officer, agent, employee, or stockholder (if vendor is a privately held corporation) of the vendor, nor the vendor (if the vendor is a sole proprietorship) is a NISD employee or related by consanguinity (second degree) or marriage (first degree) to a NISD employee.

(2) Neither an officer, agent, employee, affiliate, subsidiary, nor stockholder (if vendor is a privately held corporation) of the vendor, nor the vendor itself has a conflict of interest in the performance of its contract with NISD. Note: as used here, “conflict of interest” means a vendor (including its affiliates and subsidiaries) has an interest (financial or otherwise) that is inconsistent with its contractual obligations to NISD, or the vendor’s officer’s, agent’s, employee’s, or stockholder’s personal interests are contrary or inconsistent with the vendor’s contractual obligations to NISD.

(3) Vendor has timely submitted the required conflict of interest questionnaire (CIQ) in compliance with Chapter 176 of the Local Gov’t Code and NISD mandates.

Note: Texas law requires vendors to file a CIQ adopted by the Texas Ethics Commission not later than the seventh (7TH ) business day after the date that the vendor: (i) begins discussions or negotiations to enter into a contract with NISD; (ii) submits to NISD an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with NISD; or (iii) the date the person becomes aware of an employment or other business relationship with a NISD officer, or a family member of the officer, or that the person has given one or more gifts to an NISD officer of the District, or a family member of the officer. A vendor is further mandated by NISD to file a CIQ thirty (30) days before the vendor’s contract term expires and a renewal is considered by NISD. Failure to timely file the CIQ may disqualify the vendor from being awarded a contract or having its contract renewed. See NISD Board Policy CHE (LEGAL) and the Texas Ethics Commission for additional information on the filing of a CIQ.

Please complete the Conflict of Interest Questionnaire along with all other required documents to accompany bid/proposal submittal if applicable.

https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf

INSURANCE AND BONDS

e. Submission of a certificate of insurance and or bond (if applicable) by the undersigned (or an agent/broker on behalf of the undersigned) represents that the coverages and perils covered by the insurance or bond meet or exceed the requirements of the solicitation document and/or subsequent contract. Northside ISD may make reasonable reliance on the submitted certificate of insurance or bond. The certificate of insurance or bond must accurately reflect the policy coverages and will become a part of the contract documents and incorporated by reference, but the contract terms/conditions and statement of work take precedence over any and all contents of the certificate of insurance or bond including, but not limited to, disclaimers, qualifications, etc.

Failure to provide insurance/bond in accordance with contract may be cause for termination for default and other remedies allowed by law and/or equity. Vendor must notify Northside ISD, in writing, by certified mail or personal delivery, within ten

(10) business days after the vendor knew or should have known of any changes that materially affects the insurance or bond coverage.

CRIMINAL BACKGROUND CHECKS/SEARCHES

f. Bidder/Proposer represents that criminal background checks/searches have been conducted (or will be conducted prior to start of Work if required) in accordance with Texas Education Code Chapter 22.

CERTIFICATE OF INTERESTED PARTIES – FORM 1295

g. Northside Independent School District (NISD) is required to comply with House Bill 1295, which amended the Texas Government Code by adding Section 2252.908, Disclosure of Interested Parties. Section 2252.908 prohibits NISD from https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf

Page | 5 executing a Board or Superintendent approved contract with a business entity unless the business entity submits a Disclosure of Interested Parties (Form 1295) to NISD. A person or business entity entering into a contract and/or agreement with NISD is required by the New Government Code Statute §2252.908, to complete Form 1295 “Certificate of Interested Parties”.

Prior to the execution of the contract and after the Notice of Award, a 1295 Form must be filled out by the Awarded Vendor electronically with the Texas Ethics Commission’s online filing application, https://prd.tecprd.ethicsefile.com/TECCertInt/pages/login/certLogin.jsf, printed out, signed, and submitted via email to the designated bid specialist on record.

Is your company a publicly traded business entity, including a wholly owned subsidiary of the business entity?

Yes _____ No _____

CERTIFICATION OF COMPLIANCE WITH TEXAS FAMILY CODE PROVISION

h. As per Section 14.52 of the Texas Family Code, added by S.B. 84, Acts, 73rd Legislature, R.S. (1993), all bidders must complete and submit with the bid the following affidavit:

I, the undersigned vendor, do hereby acknowledge that NO sole proprietor, partner, majority shareholder of a corporation, or an owner of 10% or more of another business entity is 30 days or more delinquent in paying child support under a court order or a written repayment agreement. I understand that under this provision, a sole proprietorship, partnership, corporation or other entity in which a sole proprietor, partner, majority shareholder or a corporation, or an owner of 10% or more of another entity is 30 days or more delinquent in paying child support under a court order or a written repayment agreement is NOT eligible to bid or receive a state contract.

CERTIFICATION OF COMPLIANCE WITH HOUSE BILL 89

i. Vendor certifies that compliance with all applicable provisions of the House Bill 89. Purchases made in accordance under the provisions of Subtitle F, Title 10, Government Code Chapter 2270 must comply with the following:

1. Does not boycott Israel currently; and

2. Will not boycott Israel during the term of the contract the above-named Company, business or individual with Northside Independent School District.

CERTIFICATION OF COMPLIANCE WITH SENATE BILL 252

j. “Senate Bill 252 (SB 252)” updates state contracting law to prohibit governmental entities from contracting with companies engaged in business with Iran, or designated foreign terrorist organizations.

CERTIFICATION REGARDING BOYCOTTING CERTAIN ENERGY COMPANIES

k. If (a) company is not a sole proprietorship; (b) company has ten (10) or more full-time employees; and (c) this contract has a value of $100,000 or more that is to be paid wholly or partly from public funds, the following certification shall apply; otherwise, this certification is not required. Pursuant to Tex. Gov’t Code Ch. 2274 of SB 13 (87th session), the company hereby certifies and verifies that the company, or any wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of these entities or business associations, if any, does not boycott energy companies and will not boycott energy companies during the term of the contract. For purposes of this contract, the term “company” shall mean an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, that exists to make a profit. The term “boycott energy company” shall mean “without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company (a) engages in the exploration, production, utilization, transportation, sale, or https://prd.tecprd.ethicsefile.com/TECCertInt/pages/login/certLogin.jsf

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□ Acknowledged

CERTIFICATION PROHIBITING DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES

l. If (a) company is not a sole proprietorship; (b) company has at least ten (10) full-time employees; (c) this contract has a value of at least $100,000 that is paid wholly or partly from public funds; (d) the contract is not excepted under Tex. Gov’t Code §

2274.003 of SB 19 (87th leg.); and (e) governmental entity has determined that company is not a sole-source provider or governmental entity has not received any bids from a company that is able to provide this written verification, the following certification shall apply; otherwise, this certification is not required. Pursuant to Tex. Gov’t Code Ch. 2274 of SB 19 (87th session), the company hereby certifies and verifies that the company, or association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary parent company, or affiliate of these entities or associations, that exists to make a profit, does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate during the term of this contract against a firearm entity or firearm trade association. For purposes of this contract, “discriminate against a firearm entity or firearm trade association” shall mean, with respect to the entity or association, to: “(1) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (2) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (3) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association. See Tex. Gov’t Code § 2274.001(3) of SB 19. “Discrimination against a firearm entity or firearm trade association” does not include: “(1) the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories;

and (2) a company’s refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency, or for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity’s or association’s status as a firearm entity or firearm trade association.” See Tex. Gov’t Code § 2274.001(3) of SB 19.

□ Acknowledged

CERTIFICATION REGARDING CERTAIN FOREIGN-OWNED COMPANIES IN CONNECTION WITH CRITICAL INFRASTRUCTURE

m. Client name is prohibited from entering into a contract or other agreement relating to critical infrastructure that would grant to the company direct or remote access to or control of critical infrastructure in this state, excluding access specifically allowed by the client name for product warranty and support purposes. Company, certifies that neither it nor its parent company nor any affiliate of company or its parent company, is (1) owned by or the majority of stock or other ownership interest of the company is held or controlled by individuals who are citizens of China, Iran, North Korea, Russia, or a designated country; (2) a company or other entity, including governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or (3) headquartered in China, Iran, North Korea, Russia, or a designated country. For purposes of this contract, “critical infrastructure” means “a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility.” See Tex. Gov’t Code § 2274.0101(2) of SB 1226 (87th leg.). The company verifies and certifies that company will not grant direct or remote access to or control of critical infrastructure, except for product warranty and support purposes, to prohibited individuals, companies, or entities, including governmental entities, owned, controlled, or headquartered in China, Iran, North Korea, Russia, or a designated country, as determined by the Governor.

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Vendor agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is further acknowledged that vendor certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted above.

Vendor’s Name/Company Name: ________________________________________________________

Address, City, State, and Zip Code: ______________________________________________________

Phone Number: _____________________________ Fax Number: ____________________________

Printed Name and Title of Authorized Representative: _______________________________________

Email Address: ______________________________________________________________________

Signature of Authorized Representative: __________________________________________________

Date: ___________________________ Federal Tax ID #_____________________________________

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NORTHSIDE INDEPENDENT SCHOOL DISTRICT

EDGAR COMPLIANCE

2 CFR SECTION 200 REQUIRED PROVISIONS

ADDENDUM FOR CONTRACT FUNDED BY U.S. FEDERAL GRANT

The following certifications and provisions are required and apply only when the District expends federal funds for any contract resulting from this procurement process. Accordingly, the parties agree that the following terms and conditions apply to the Contract between the District and vendor (“Vendor”) in all situations where Vendor has been paid or will be paid with federal funds, and only to the extent applicable to the contract type or dollar amount.

REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS

UNDER FEDERAL AWARDS – APPENDIX II TO 2 CFR PART 200

The following provisions are required and apply when federal funds are expended by Northside ISD for any contract resulting from this procurement process.

A. Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

Pursuant to Federal Rule (A) above, when federal funds are expended by Northside ISD, Northside ISD reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.

Does vendor agree? YES ________ Initials of Authorized Representative of Vendor

B. Termination for cause and for convenience by the grantee or sub grantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000)

Pursuant to Federal Rule (B) above, when federal funds are expended by Northside ISD, Northside ISD reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Vendor, in the event vendor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. Northside ISD also reserves the right to terminate the contract immediately, with written notice to vendor, for convenience, if Northside ISD believes, in its sole discretion that it is in the best interest of Northside ISD to do so. The vendor will be compensated for work performed and accepted and goods accepted by Northside ISD as of the termination date if the contract is terminated for convenience of Northside ISD. Any award under this procurement process is not exclusive and Northside ISD reserves the right to purchase goods and services from other vendors when it is in the best interest of Northside ISD.

C. 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, Department of Labor.”

Pursuant to Federal Rule (C) above, when federal funds are expended by Northside ISD on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein.

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D. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”).

In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the 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 sub recipient 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.

Pursuant to Federal Rule (D) above, when federal funds are expended by Northside ISD, during the term of an award for all contracts and sub grants for construction or repair, the vendor will be in compliance with all applicable Davis-Bacon Act provisions.

E. 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.

Pursuant to Federal Rule (E) above, when federal funds are expended by Northside ISD, the vendor certifies that during the term of an award for all contracts by Northside ISD resulting from this procurement process, the vendor will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act.

F. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or sub recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or sub recipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

Pursuant to Federal Rule (F) above, when federal funds are expended by Northside ISD, the vendor certifies that during the term of an award for all contracts by Northside ISD resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (F) above.

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G. 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 sub grants 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).

Pursuant to Federal Rule (G) above, when federal funds are expended by Northside ISD, the vendor certifies that during the term of an award for all contracts by Northside ISD resulting from this procurement process, the vendor agrees to comply with all applicable requirements as referenced in Federal Rule (G) above.

H. Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Pursuant to Federal Rule (H) above, when federal funds are expended by Northside ISD, the vendor certifies that during the term of an award for all contracts by Northside ISD resulting from this procurement process, the vendor certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

I. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) – Contractors that apply or bid for an award exceeding $100,000 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.

Pursuant to Federal Rule (I) above, when federal funds are expended by Northside ISD, the vendor certifies that during the term and after the awarded term of an award for all contracts by Northside ISD resulting from this procurement process, the vendor certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that:

(1) No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all sub recipients shall certify and disclose accordingly.

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J. Procurement of Recovered Materials – When federal funds are expended, the District and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

Pursuant to Federal Rule (J) above, when federal funds are expended by the District, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), the vendor certifies, by signing this document, that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the contract will be at least the amount required by the applicable contract specifications or other contractual requirements.

K. Domestic Preferences for Procurements – As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of 2 CFR Part 200.322, “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stag through the application of coatings, occurred in the United States. Moreover, for purposes of 2 CFR Part 200.322, “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum, plastics and polymer-based products such as polyvinyl chloride pipe, aggregates such as concrete, class, including optical fiber, and lumber.

Pursuant to Federal Rule (K) above, when federal funds are expended by the District, vendor certifies, by signing this document, that to the greatest extent practicable vendor will provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).

L. Ban on Foreign Telecommunications – Federal grant funds may not be used to purchase equipment, services, or systems that use “covered telecommunications” equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. “Covered telecommunications” means purchases from Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities), and video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

Pursuant to Federal Rule (L) above, when federal funds are expended by the District, vendor certifies, by signing this document, vendor will not purchase equipment, services, or systems that use “covered telecommunications”, as defined by 2 CFR §200.216, equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

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M. Required Affirmative Steps for Small, Minority, and Women-Owned Firms for Contracts Paid for with Federal Funds – 2 CFR 200.321 – When federal funds are expended by Northside ISD, Vendor is required to take all affirmative steps set forth in 2 CFR

200.321 to solicit and reach out to small, minority and women owned firms for any subcontracting opportunities on the project, including: 1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and 5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.

RECORD RETENTION REQUIREMENTS FOR CONTRACTS PAID FOR WITH FEDERAL FUNDS –

2 CFR § 200.333

When federal funds are expended by Northside ISD for any contract resulting from this procurement process, the vendor certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The vendor further certifies that vendor will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or sub grantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

CERTIFICATION OF COMPLIANCE WITH EPA REGULATIONS

APPLICABLE TO GRANTS, SUBGRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS

IN EXCESS OF $100,000 OF FEDERAL FUNDS

When federal funds are expended by Northside ISD for any contract resulting from this procurement process in excess of $100,000, the vendor certifies that the vendor is in compliance with all applicable standards, orders, regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15.

CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT

When federal funds are expended by Northside ISD for any contract resulting from this procurement process, the vendor certifies that the vendor will be in compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).

CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS

(Only Applicable to Contracts funded under the National School Lunch Program) Vendor certifies that vendor is in compliance with all applicable provisions of the Buy America Act. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.

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CERTIFICATION OF NON-COLLUSION STATEMENT

Vendor certifies under penalty of perjury that its response to this procurement solicitation is in all respects bona fide, fair, and made without collusion or fraud with any person, joint venture, partnership, corporation or other business or legal entity.

Does vendor agree? YES ________ Initials of Authorized Representative of vendor

Vendor agrees to comply with all federal, state, and local laws, rules, regulations and ordinances, as applicable. It is further acknowledged that vendor certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted above.

Vendor’s Name/Company Name: ________________________________________________________

Address, City, State, and Zip Code: ______________________________________________________

Phone Number: _____________________________ Fax Number: ____________________________

Printed Name and Title of Authorized Representative: _______________________________________

Email Address: ______________________________________________________________________

Signature of Authorized Representative: __________________________________________________

Date: ___________________________ Federal Tax ID #_____________________________________

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NORTHSIDE INDEPENDENT SCHOOL DISTRICT

PURCHASING GENERAL TERMS AND CONDITIONS

The following terms and conditions are incorporated into this RFP and incorporated into any formal written agreement between NISD and the successful Proposer(s).

1. AGREEMENT AND INTEGRATION.

1.1. The Request for Proposals, with all Addenda, those provisions in the Vendor’s Proposal that are satisfactory to the District, and the District’s Agreement form(s), which may include, but are not limited to a written contract, an agreement letter, the applicable Purchase Order issued in connection with the Scope of Services or Goods constitute the Contract Documents and thus the Agreement between the Vendor and the District (collectively, the, “Agreement”). In the event Supplier proposes an additional writing to be incorporated into the Contract Documents, the District shall have discretion to accept such inclusion following review and opportunity to amend the Document or to reject its inclusion in its entirety. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN ANY VENDOR FORM, PROPOSAL OR DOCUMENTATION, THE TERMS

AND CONDITIONS OF THE AGREEMENT AS INTEGRATED ABOVE SHALL BE CONTROLLING IN ALL

INSTANCES. To the extent there is any conflict between or among the documents composing the Agreement, the following hierarchy (from most to least authoritative) shall prevail: (i) District’s Agreement forms (written contract, agreement letter or Purchase Order as applicable), and (ii) RFP as provided by the District, to include all Addenda, and (iii) any Proposal provisions agreed to by the District.

2. TERM. If no term is stated in the Solicitation Document, the written Contract or the Purchase Order, unless otherwise provided or required by the District in the Solicitation Document, the written Contract or Purchase Order, an agreement which results from this RFP shall be for a period of one year from the Effective Date of the Agreement with an exclusive option by the District to renew on an annual basis thereafter for two additional one-year terms, or as otherwise stated in the Agreement. At the District’s option, there may be an additional 90-day transitional period added to the end of the initial term or any renewal term. The Agreement prices, terms and conditions are to remain in force during the transitional period.

3. TERMINATION AND TRANSITION.

3.1. Non-Appropriation. In the event the term is greater than one year, or any renewal period is permitted for more than a one-year period, the District’s obligation will be subject to approval of funding at the commencement of each of the District’s budget years. Vendor agrees that the District has the continuing right to terminate the Agreement at the end of any District budget year in which funds for this Contract are not appropriated. In such event the Agreement will be terminated as soon as practicable after the determination of the need for non-appropriation. Upon the District’s Board of Trustees making such a determination the District shall provide notice to the Vendor within five (5) school business days setting a date for termination of the Agreement, which date shall be not later than thirty (30) days following the date of the Notice.

3.2. Termination Without Cause. This Agreement may be terminated by District without cause or for the District’s convenience at any time, should District’s representative, in its sole discretion, determine that it is not in District’s best interest to proceed with this Agreement. Such Notice shall be provided in accordance with the notice provisions contained in these Terms and Conditions and the termination shall be effective immediately upon delivery of notice to the Vendor, unless otherwise stated in the Notice. Unless otherwise stated in the Notice, upon receipt of such Notice, all services and/or the delivery of goods shall cease and be immediately discontinued and all materials as may have been accumulated in performing the Agreement, whether completed or in progress, shall be delivered to the District. In event of termination without cause or for the District’s convenience, the District shall pay the Vendor for services properly executed and/or goods delivered and accepted prior to the Vendor’s receipt of the District’s Notice of Termination following delivery of Vendor’s final invoice, in accordance with the payment terms of the Contract. Vendor shall not, however, be entitled to lost or anticipated profit on unperformed services or goods not delivered and accepted, nor shall Vendor be entitled to compensation for any unnecessary or unapproved work performed or goods delivered without prior approval, during time between the issuance of the District’s notice of termination and the actual termination date.

3.3. Defaults With Opportunity for Cure. Should Vendor fail, as determined by the District’s representative, to satisfactorily perform the duties set out in the Scope of Work and/or timely and satisfactorily deliver the Goods required to be delivered, comply with any covenant herein required, breaches any warranty provided herein, such failure shall be considered an Event of Default.