1-RFP.pdf

SAISD

San Antonio ISD Procurement Services 1270 W. Summit Ave

San Antonio Texas, 78201 Phone: 210-354-9060 Business Hours:

8:00 AM- 4:30 PM (CST)

Email

SAISDCONTRACTMGMT@saisd.net

Issue Date: Friday, August 22, 2025

RFP 24-021 (10) Student Activities & Fundraising Services (Request for Proposal)

This Proposal is a firm offer that shall be irrevocable and valid for 120 calendar days from the opening date.

All PRICES - F.O.B. DESTINATION - SHIPPING & HANDLING

CHARGES PREPAID.

The San Antonio Independent School District (SAISD) requests interested parties to submit proposals for "RFP 24-021 Student Activities & Fundraising Services". 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.

INSURANCE REQUIREMENTS: "Reference SAISD General Terms and Conditions, Item #60 for Insurance Requirements"

VENDOR QUESTIONS: No questions allowed for this request

CONTRACT TERM: The contract shall be valid until June 30, 2030. Vendors will need to re-apply if there is no activity within 2 consecutive years of the approved term.

The attached "Procurement Services General Terms & Conditions" are an integral part of this solicitation.

Note: Exceptions to the District's terms and conditions may be grounds for disqualification due to non-responsiveness.

PROPOSER 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: ______________ _ SAN ANTONIO INDEPENDENT SCHOOL DISTRICT

Telephone# (800 # ifavailable): ________ _ Print Name & Title: Kim Tocci, Director of Procurement Services

Fax #: _________________ _ Signature/Date Signed:

FOR SAISD OFFICE USE ONLY - NOTIFICATION OF AW ARD - DO NOT SHIP UNTIL PURCHASE ORDER IS RECEIVED

ITEMS AW ARD ED: Student Activities & Fundraising Services BOARD APPROVED: ________ TOTAL AMOUNT:_TBD __ Revised: 5/9/19

Fundraiser Questionnaire A - E

Responses are to include the information requested in this questionnaire in the sequence and format prescribed. Each selection criteria are associated with certain questions and will be evaluated based on this format. Preceding the response to each question, please restate the wording of the question. All questions must be answered, those that are not applicable insert N/A. Failure to respond in this sequence and format may result in the reduction of points and/or disqualification.

- You may use a separate document or re-format this one to include your responses. -

A. General Information

1. List the company name, main address, main phone number, and website address.

2. Provide the name of the system being proposed and version if applicable.

3. Provide the contact person, their phone number and email address, who will be the point-of contact for the solicitation.

4. Provide the contact person, their phone number and email address, who is authorized to negotiate the terms and conditions of this engagement on behalf of the company.

5. Provide the contact person, their phone number and email address, who will be the representative to the District if awarded a contract.

B. Experience of the Company

1. How many years has the company provided an online donation fundraiser system?

2. Has the company operated under been recognized by any other business or product names than the one submitting the response or being proposed?

C. Company Assurances

1. Provide a thorough understanding of the company's assurance that funds raised are protected against fraud, misappropriation, loss, etc.

2. Is the company bonded with a minimum of $100,000 dedicated to San Antonio ISD to protect against fraud, misappropriation, loss, etc.?

3. Has the company received external audits of their processes that include accurate accounting of funds raised on behalf of their clients? If yes, what were the results?

4. Provide information on any litigation, pending or final, that the company was or is involved in involving to their clients' funds.

D. Current Clients

1. Include a list ofa minimum of five (5) Texas school district clients for contracts active or completed since January 1, 2020. The list should be similar in scope and size to what is being proposed for SAISD. These clients should not only be able to speak to the firm's abilities but also to the qualifications and experience of members of the proposed support team. The information is to include:

a. Name, address, city/ state / zip

b. Contact person and title, telephone and email address

c. The company's assigned representative

d. Description of services provided

e. Start date ( and end date if applicable) of the contract; and

f. Brief description of notable features of the contract that may be applicable to this solicitation.

2. Other than Texas school districts, include a list of a maximum of five (5) major clients for contracts active or completed since

January 1, 2020. These clients should not only be able to speak to the firm's abilities but also to the qualifications and experience of members of the proposed support team. The information is to include the same as in question 1 above.

E. Fee Structure and Incentives

1. Provide a thorough explanation of how the company charges for the fundraising services and the percentage offee(s) to be charged. All changes are to be included in the description such as set-up, percentage charged back for funds raised or retained from gross collections, fees for chargebacks/credits to donors, credit card transaction fees, etc. NOTE: Vendor fee, including all expenses and/or potential prices, shall not exceed 25% per fundraiser.

2. Provide a thorough explanation of how chargebacks are handled.

3. Provide a thorough description of any prize-based incentives that may be offered.

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Procurement Services

General Terms & Conditions

1. Acceptance of Bid/Proposal Content - These General Conditions governs the relationship between the District and Vendor, and is hereby made part of the agreement between the parties. Submission of a response shall be considered as the representation that the Bidder/Proposer has carefully investigated all past, present and required conditions of the service being offered in the solicitation.

Failure of a Bidder/Proposer to accept these conditions in a final contract shall result in cancellation of award.

2. Responsiveness - It is the Bidder/Proposer's responsibility to read and comply with the information provided. Failure to complete and submit the bid/proposal according to the information and instructions will result in disqualification.

3. Bid/Proposal Form Submission - Proposals and all required documents must be uploaded to the Bonfire Portal https://saisd.bonfirehub.com/portal submitted, and finalized prior to the Closing Time. Vendor submittals must be uploaded as separate, signed .pdf files using the following structure: Proposal Acknowledgment Form, Company Information, References, Representation and Certification Form, EDGAR Compliance Form, HB 89 Form, SB 252 Verification Form, Out of State Certification Form, Conflict of Interest Questionnaire (CIQ), SWMBE Program Identification Form, Pricing and Addendums

(if applicable). Responses not submitted as specified above may be deemed "non-responsive".

4. Late Submission - Bids/proposals received after the time and date specified will not be accepted.

5. Instructions to Bidder/Proposer - Facsimile (fax) bids/proposals will not be accepted.

6. Instructions to Bidder/Proposer - All prices and quotations must be typed or written in ink. Bids/proposals written in pencil will not be accepted. Mistakes may be crossed out, and corrections inserted and initialed by Bidder/Proposer. Unit prices should be extended. The unit price will prevail in resolution of mathematical errors in extension or total. Bidder must submit prices and other information required in the proper spaces on the bid/proposal forms provided. Deviation may result in disqualification of the bid/proposal.

7. Acknowledgement of Addendums - Changes to the bid/proposal, prior to award, may be made in the form of an addendum. Each addendum must be returned with the signed "Sealed Bid/Proposal" form and with any other addendum at the time and date of bid/proposal opening or prior to that time. If the addendum is not returned, the bid/proposal may be disqualified. Addendum will be issued through the Bonfire Portal, https://saisd.bonfirehub.com/portal under "Supporting Documentation". Vendors must monitor on a daily basis the Bonfire Portal for Addendum(s).

8. Alternative Bids - No alternate bids/proposals will be accepted, unless otherwise stated in the bid/proposal.

9. Instructions to Bidder/Proposer - Awarded vendors are solely responsible for notifying the Procurement Services, Contract Management, of any changes, in writing, to the company's name, address and telephone number. If a vendor fails to notify the District of any changes in their contact information the company will be suspended from transacting business with the District until the changes have been made. The District shall not be responsible for lost or misdirected bids/proposals or modifications.

10. Substitutions - The use of brand names and catalog numbers does not prohibit the substitution of other brands of equal quality unless "NO SUBSTITUTE" is specified. No substitutions or cancellations are permitted after award without written approval by the Director, Procurement Services or designee.

11. Brand Name or Equal- The use of brand/models in the bid/proposal is to establish a standard of quality, workmanship, performance, etc. Bidders may bid brands/models they deem equivalent or equal to those shown on the bid/proposal. The burden of proof of equivalency or "Equal or" is upon the Bidder. The Bidder must specify make or model even if bidding the brand specified or a product "Equal or". Do not state "As Specified" or "Equal". Vendor(s) submitting brands or models other than those specified may be requested to furnish samples of their offerings.

12. Receipt and Opening of Bids -( 1) Bids (i.e., Bidders from IFBs) will be publicly opened, Bidders identified, and prices read aloud immediately following the Bid Opening Date/Time. Bidders are invited to be present at the opening of the bids on the date and hour specified. (2) Proposals (i.e., Offers from RFPs and RFQs) will be publicly opened, Offerors identified, and prices will NOT be disclosed until after evaluation and award. (3) All Bidders received in response to solicitation documents (IFBs, RFPs and RFQs) will be forwarded to the applicable Evaluation Committee for review, scoring and recommendation.

13. Tax Exemption-The School District is exempt from Texas State and Local Sales Tax and Federal Excise -IAW Article 20.04 (F)

3, Chapter 20, Title 122a, Taxation, General, RCS, 1925, as amended by the 57th Legislature, first Called Session, 1961 -DO NOT

INCLUDE TAX IN YOUR BID OR PROPOSAL.

14. Informalities and Irregularities - The District reserves the right to waive minor irregularities and/or informalities and to accept or reject any and all bids/proposals in whole or in part, extend due date(s), or to discuss/negotiate separately in any manner necessary and/or to terminate the procurement solicitation process in its entirety provided that action will serve the best interest of the District.

The Director, Procurement Services shall reject the bid/proposal of the Bidder/Proposer who is deemed non- responsive. The umeasonable failure of a Bidder/Proposer to promptly provide information with respect to responsibility will be grounds for a determination of non-responsibility.

15. Employee Discrimination - During the performance of this contract, the Bidder/Proposer agrees not to discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, disability, political belief, religion, marital and/or veteran status.

16. Bid Withdrawal - A Bidder/Proposer may withdraw bid/proposal upon written request at any time prior to the bid/proposal opening date & time or withdrawn via the Bonfire Portal. Bids/Proposals cannot be amended or altered, except to correct price extension errors, after the opening date and time.

17. Evaluation Criteria- Pursuant to the Texas Education Code 44.031 (a) and (b), the District shall evaluate and consider:

the purchase price, the reputation of the vendor and of the vendor's goods and services, the quality of the vendor's goods or services, the extent to which the goods or services meet the District's needs, the vendor's past relationship with the District, the impact on the ability of the District to comply with laws relating to historically underutilized businesses, the total long-term cost to the District to acquire the goods or services, for a contract for goods and services, other than goods and services related to telecommunications and information services, building construction and maintenance, or instructional materials, whether the vendor or the vendor's ultimate parent company or majority owner: (A) has its principal place of business in this state; or (B) employs at least 500 persons in this state; and vendor's references, record for fiscal and contracting responsibility, knowledge of the product/service and any other relevant factor specifically listed in the request for bids or proposals. Quality and suitability of the product/service bid and/or proposed and not price alone shall be considered in the acceptance of bids/proposals. The District will award a contract based upon best value as determined by a combination of price and the above stated evaluation factors.

18. Recovery of Money - If the Bidder/Proposer fails to deliver both the quality and quantity of items on which the award was made in the manner specified in the contract, SAISD reserves the right to purchase the specified goods/services on the open market and vendor agrees to allow SAISD to deduct the difference in price and cost of handling, if any, from pending invoices. If there are no outstanding invoices the vendor will be billed accordingly.

19. Child Support Certification - Pursuant to Section 231.006, "Family Code", the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not eligible to receive the specified grant, loan or payment, and acknowledge that this contract may be terminated and payment withheld if this certification is inaccurate.

20. Purchase Orders - Successful vendor shall not begin work/services or deliver merchandise without a signed purchased order.

21. Indebtedness - Because fiscal responsibility is a criterion, if the vendor is indebted to the District, including but limited to, being delinquent on the payment of property taxes, the District may withhold awarding a contract to the vendor and refuse to enter a contract with the vendor. Further, if the vendor becomes indebted to the District after a contract is entered, then District will withhold renewing the contract.

22. Assignment Delegation - No assignment nor transfer of this bid/proposal, in whole or in part, to any other party will be allowed unless the vendor to whom this bid is awarded formally notifies the District in writing and written approval from the Director, Procurement Services or designee is received prior to the transfer. Written approval must be requested and received prior to any assignment or transfer. Vendor notification must be sent via certified mail return receipt to 1270 W. Summit Ave, San Antonio, TX 78201. In the event the vendor fails to comply with this provision, the school district may take action to require compliance or take any other measures deemed appropriate, including contract cancellation.

23. Termination - The award or agreement resulting from this bid/proposal may be terminated or cancelled under the following circumstances.

a) District may cancel or terminate the award or agreement for convenience, with or without preference upon 30 day written notice.

b) During the term of the agreement, District may terminate the agreement at the expiration of each District budget period if funds are not appropriated for payment under the agreement.

c) Work under the agreement may be terminated in whole or in part by the District upon delivery to vendor of a notice of termination specifying the extent to which performance of work under the agreement is terminated and the date upon which termination becomes effective. This right of termination is in addition to and not in lieu of District rights to cancel undelivered goods or services under the agreement.

d) District may cancel all or any part of the undelivered goods or services of the agreement if vendor breaches any of the terms of the agreement, including, but not limited to, warranties of vendor, or if vendor becomes insolvent or begins bankruptcy or reorganization proceedings.

e) District's rights of termination or cancellation are in addition to other remedies District may have in law or equity.

24. Force Majeure - The District shall not be liable for defaults or delays due to acts of God or the public enemy, acts or demands of any governmental agency, strikes, fires, floods, accidents, or other unforeseeable causes beyond its control and not due to its fault or negligence.

25. Indemnification - Vendor agrees to indemnify, defend, and hold District harmless from any patent, copyright, trademark, or trade secret infringement claim or cause of action, or any similar intellectual or proprietary rights infringement claim or cause of action, which are based on or related on goods or services sold or used by the vendor in connection with this agreement. Vendor shall defend any such claims or causes of action at its own expense, and the District shall have the right to have such litigation monitored by its own counsel at District expense.

26. Applicable Law and Venue - The validity, construction and effect of this contract and any and all extensions and/or modifications shall be governed by the laws of the State of Texas. Texas law shall govern regardless of any language in any attachment or other document that the Offeror may provide. Both parties agree that the venue for any litigation arising from this contract shall occur in San Antonio, Bexar County, Texas.

27. Right oflnspection - The District has the right to inspect the goods at delivery before acceptance. If the District is not able to inspect the goods at the time of the delivery, the District reserves the right to inspect and approve the material within a reasonable time after delivery. If specifications are not met, material may be returned at Seller's expense and the Seller assumes all risk for damages incidental to the rejection of such goods. Payment shall not constitute an acceptance of the material nor impair the District's right to inspect or invoke any of its remedies.

28. Qualification of Bidder/Proposer - The School District will use a Request For Information as an "expressing of interest" to announce the intent of the District to solicit Offers or Proposals for certain products and/or services and to request that interested vendors advise the District of their interest. This is a flexible instrument that conveys no commitment on the part of either the District or the vendors. It is used merely to collect information.

29. Place of Delivery - The place of delivery shall be that set forth in the purchase order. All deliveries must be inside deliveries, unless other arrangements are made.

30. Title and Risk of Loss - The title and risk of loss of the goods shall not pass to the District until the District actually receives and accepts possession of the goods at the point or points of delivery.

31. Proprietary Information - Bidder/Proposers must attach a detailed listing of any/all restrictions on the dissemination, public disclosure, or use of any data contained in their response and be informed that any declared proprietary information will be addressed as required by applicable law, regulation and School District policy.

32. Out of State Vendors - The "Reciprocity Rule" applies. Vendors whose principal place of business is located in a state which gives preference to residents are subject to the same restrictions when submitting an offer with an entity of the State of Texas.

33. Gratuities - The Buyer may, by written notice to the Seller, cancel this contract without liability to Seller if it is determined by the Buyer that gratuities, in the form of entertainment, gifts, or otherwise, were offered or given by the Seller, or any agent, or representative of the Seller, to any officer or employee of the District with a view toward securing a contract or securing special treatment with respect to the awarding or amending or the making or any determinations with respect to the performing of such a contract. In the event this contract is canceled by Buyer pursuant to this revision, Buyer shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Seller in providing such gratuities.

34. Special Tools and Test Equipment - If the price stated on the face hereof includes the cost of any special tooling or special test equipment fabricated or required by Seller for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the Buyer and to the extent feasible shall be identified by the Seller as such.

35. Oral Statement - This contract may be modified only by written amendment executed by all parties and their authorized signatories hereto. The contract will not be offered by any oral statement made by any School District employee.

36. Remedies for Non-Performance - If at any time, the contractor fails to fulfill or abide by the terms, conditions, or specifications of the contract, the District reserves the right to purchase on the open market and charge the contractor the difference between contract and actual purchase price or cancel the contract within sixty ( 60) days written notification of intent.

37. Right to Assurance - Whenever one party to this contract in good faith has reason to question the other party's intent to perform he/she may demand that the other party give written assurance of his/her business intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation of the contract.

38. Waiver - No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or enunciation of the claim or right unless the waiver or renunciation is supported by consideration and in writing signed by the aggrieved party.

39. Prevailing Party - The resulting award from this bid/proposal constitutes a contract between the SAISD and the awarded vendor.

The prevailing party in an action, in state or federal court, to enforce or interpret this contract is entitled to recover its reasonable attorneys' fees and court costs from the other party. Without waiving any rights available to the District for recovery, if the District is the prevailing party, vendor hereby agrees and authorizes the District to deduct the reasonable attorneys' fees and court costs from amounts, if any, owed to vendor under the contract.

40. Invoices and Payments - Payment terms will be net thirty (30) days after acceptance of delivery or receipt of correct invoice, whichever comes later, unless a prompt payment discount is offered. All invoices must be mailed to: San Antonio Independent School District, Attn: Accounts Payable, 514 W. Quincy, San Antonio, Texas 78212. All invoices must reference a Purchase Order number assigned by SAISD.

41. Prompt Payment Discounts - Bidders/Proposers are encouraged to offer discounts for large one time order deliveries, educational purposes, etc. The conditions for earning the discount may be indicated by the item being bid or by submitting a separate page with the information. These discounts will not be considered in determining the low bid, but will be part of any contract issued, with the exception of catalog discount bids.

42. Contract Modification - Amendments may be made for additions, deletions and or modifications of goods or services under the same terms and conditions of this order. Such amendments must be in writing and approved by an authorized representative for the vendor and the District.

43. Contract Extensions (option year(s)) - Any contract may be extended beyond the base year(s) in writing via an addendum by the School District with mutual agreement between the parties.

44. Instructions to Bidder/Proposer - The SAISD at its discretion may purchase from existing bids/proposals and/or issue other bids/quotes for goods, supplies, and services which may be the same or similar to those identified in this bid, as is deemed in the best interest of the school district.

45. Ethics in Public Contracting - School District employees are prohibited from receiving, soliciting any gifts, inducement or kickbacks.

46. Delivery Terms - If a delivery is to be made to a location other than the Procurement Services Department, the delivery shall be made and articles shall be placed inside the school building or district facility in the room(s) designated, at no additional charge.

Contractor is required to contact the School/Department specified on the purchase order, twenty-four (24) hours prior to delivery.

47. Firm Price Period - Bid/proposal pricing shall be firm for a minimum period of one hundred and twenty (120) calendar days following the date established for the opening date. A thirty (30) day minimum is required for Board of Trustees approval.

48. Instructions to Bidder/Proposer - SAISD reserve the right to award to a single vendor or multiple vendors i.e. primary, secondary and tertiary suppliers.

49. Appeal Process - A protest shall be in writing and shall be filed with the Procurement Services Director. A protest of a bid/proposal shall be received at the Office of Procurement Services.

50. Miscellaneous Requirement - The contents of the proposal submitted by the successful Offeror and this RFP will become part of any contract awarded as a result of the Scope of Services contained herein. Supporting and/or backup information and/or documentation to include, but not limited to, administrative procedures, work flow charts, templates, third-party documents, end user license agreements, "shrink-wrap" and/or "click-wrap" licenses, etc. may be used to define processes, procedures, or performance expectations; however, this supporting/backup information/documentation does not take precedence over the solicitation document and/or documents identified as Contract Documents.

51. Contract Documents and Order of Precedence - Contract Documents are the documents that comprise the basis of contractual agreement between the District and the successful Offeror. In the simplest contracts, Contract Documents include the District's solicitation document (IFB, RFP, RFQ); the Offeror's response to the solicitation document; and the notice of award or acceptance by the District. In more complex contracts, Contract Documents may be identified in the District's notice of award or acceptance and may include the District's solicitation document (IFB, RFP, RFQ); the Offeror's response to the solicitation document; the District's request for Best and Final Offer (BAFO); the Offeror's response to the BAFO; and the notice of award or acceptance by the District.

a) Offeror will ensure the District's terms and conditions, statement of work/specifications, and Contract Documents order of precedence flow-down to Offeror's subcontractors, agents, and/or third-party business "partners".

b) Regardless of the documents comprising the Contract Documents, the District's solicitation document (to include the SOW/Specifications and Terms and Conditions) take precedence over other Contract Documents (regardless of date).

c) After contract award, the successful Offeror, its sub-contractors and/or other third-parties to the Contract may provide additional information and/or documentation to facilitate accomplishment of the Contract's SOW /Specifications in the form of administrative procedures, processes, flow charts, templates, etc.; however, these additional documents (especially imbedded comments or general references terms, conditions, SOW/Specifications) do not change nor replace existing Contract language nor do they supercede or change precedence of the Contract Documents. Any attempt by the Offeror and/or its subcontractors, agents, third-parties, etc. to submit or introduce documents that supercede or take precedence over the Contract Documents may be declared null and void by the District.

d) The District does not intend to surrender or reduce any of its sovereign or contractual rights provided under Federal and/or Texas statute(s) and any attempt by the Offeror or any third-party to do so is null and void.

52. F.O.B. Destination (Free on Board)- Quote F.O.B. destination for all competitive bids/proposals.

53. Responsibility for Actions - Bidder/Proposer is solely responsible for its actions and those of its agents, employees, or subcontractors, and agrees that neither Bidder/Proposer nor any of the foregoing has any authority to act or speak on behalf of the District.

54. Criminal Background Check - All vendors, contractors and their subcontractors hereinafter called ("service contractor"), must comply with the requirements of Senate Bill 9, promulgated by the 80th Legislature of the State of Texas. The requirements apply to service contractors whose employees, hereinafter called ("covered persons"), will have continuing duties related to the contracted services and who will have direct contact with students. Such service contractors who employ a covered person will have to conduct criminal background checks on those employees who are covered persons. If the covered person was hired by the service contractor before January l, 2008, the service contractor must certify to the District that the service contractor has obtained the criminal history record information from any law enforcement or criminal justice agency or a private consumer reporting agency governed by the Fair Credit Reporting Act, 15 U.S.C 1681 et seq. for the covered person. A covered person is considered to have been employed by a service contractor as of the date the covered person first provided services for compensation.

If the covered person was hired on or after January 1, 2008, the employer shall obtain the criminal history record information through the criminal history clearinghouse maintained by the Texas Department of Public Safety as provided by Government Code 411.0845.

A covered person is considered to have been offered employment as of the date the covered person accepted an offer from the service contractor for a specific job position or a specific project that is to begin on a date that is certain or reasonably ascertainable. For covered persons hired on or after January l , 2008, fingerprinting and photographing of the covered person may be necessary.

DEFINITIONS:

Continuing duties related to the contracted services shall mean work duties that have been or will be performed on District property on a regular and repeated basis, rather than on a one time or infrequent basis. Covered person shall mean an individual who is not an applicant for or a holder of a certificate under Education Code Chapter 21, Subchapter B; is employed or offered employment by a service contractor, or is an independent contractor of the District and who has or will have continuing duties related to the contracted services and who has or will have direct contact with students. The covered person also includes a minor who is not a student of the District. Service Contractors shall mean vendors, independent contractors and their subcontractors, and third part service providers who are compensated by the District for services rendered. Direct contact shall mean verbal or physical interaction with one or more students that is necessary for the performance of contracted services, or that provides substantial opportunity for unsupervised interaction with students. Student contact that is incidental to the performance of contracted services, including incidental contact that results from services that do not provide the opportunity for unsupervised interaction with a student or students, such as addressing an assembly, officiating a sports contest, or judging an extracurricular event, is not direct contact with students. Disqualifying Conviction shall mean a felon offense under Title 5, Penal Code; (these are offenses against the person, such as criminal homicide, kidnapping and unlawful restraint, trafficking of persons, sexual offenses and assaultive offenses); an offense for which a defendant is required to register as a sex offender under Chapter 62, Code of Criminal Procedure; or an equivalent offense under federal law or the laws of another state if, at the time of the offense, the victim was under 18 years of age or was enrolled in a public school.

SERVICE CONTRACTOR RESPONSIBILITIES:

A service contractor shall obtain all required criminal history record information, as described above, that related to a covered person employed by the service contractor or a subcontractor of the service contractor. If a service contractor determines that a person who provides any of the contracted services is not a covered person because the person does not have continuing duties related to the contracted services, or does not have direct contact with students, the service contractor shall make reasonable efforts to ensure that such persons do not in fact have continuing duties or direct contact. A service contractor shall certify, using a District provided form, to the District that is has obtained all criminal history record information related to covered persons, and that is has taken reasonable steps to ensure that its employees who are deemed not to be covered persons do not have continuing duties related to the contract services or direct contact with students. A service contractor shall not permit a covered person to provide services at the District if the covered person has a disqualifying conviction.

55. Unauthorized Purchases - By submitting this competitive bid and/or proposal the vendor understands and acknowledges that during the term of the contract any shipment or delivery of goods and services made to SAISD campuses and departments without a properly approved purchase order constitutes an unauthorized purchase and financial obligation. The District does not assume any responsibility for these goods and services, condition of goods, and/or un-returned goods. Vendor understands and accepts full responsibility and will not seek payment for unauthorized purchases. Vendor further understands and acknowledges that the District's Finance Division will not issue payment for goods and services delivered without an official purchase order.

56. Discount Purchases - Zero (0) percent discounts may not be considered for contract award. SAISD may select several of the most qualified/responsive vendors offering the most competitive pricing. Bidders may submit a catalog or price list, if applicable, with the bid for evaluation purposes. Failure to submit a catalog may result in disqualification. Bids shall be awarded to the vendor(s), as determined by the District, offering the most competitive pricing based upon a comparative analysis of each vendor's manufacturer/catalog pricing.

57. Bonds - Cashier's Check, Bid Bond or Irrevocable Letter of Credit:

a) Cashier's check or bid bond is required with bid of$10,000.00 or more.

b) Each bid shall be accompanied by either a cashier's check or Surety Company bid bond in the amount ofnot less than five (5) percent of total bid/proposal amount. Check or bond shall be payable to the SAISD as payee or oblige, and shall be effective once the bids are opened. If the vendor submits a Cashier's Check in lieu of a Bid Bond the following statement must be typed at the bottom left hand side of the Cashier's Check: "In Lieu of Bid Bond". Bid Bond shall be executed by a surety duly authorized to do business in Texas and licensed by the State of Texas to issue surety bonds.

c) Such checks or bid bonds will be returned to all except the three lowest bidders after the opening of the bids; the remaining checks or bid bonds will be returned after the contract award. The surety amount of not less than five (5) percent of the total bid/proposal amount made payable to SAISD may be forfeited in whole or in part if the vendor does not execute a contract and post the applicable Performance/Payment Bonds or Insurance Certificate required by the Procurement Services General Terms and Conditions within ten (10) working days from date of Notice of Award.

d) If any such bid bond is in an amount in excess often percent of the surety company's capital and surplus, the School District may require, as a condition to accepting the bond, written certification that the surety company has reinsured the portion of the risk that exceeds ten percent of the surety company's capital and surplus with one or more reinsurers who are duly accredited, trusted, licensed and admitted to do business in the State of Texas. The amount reinsured by any reinsurer may not exceed ten percent of the reinsurer's capital and surplus.

e) If an Irrevocable Letter of Credit is submitted in lieu of a Cashier's Check or Bid Bond the financial institution must be subject to the laws of the State of Texas. The letter must be made payable to SAISD in the amount of not less than five (5) percent of total bid/proposal amount. The letter must state "Irrevocable" in order to satisfy the District's surety requirement.

In the event the contract is not awarded to the applicable vendor, the original letter of credit will be returned to the unsuccessful vendor.

58. Bonds:

a) In General: The Bonds shall in all respects conform to the requirements of the law of the State of Texas including, without limitation, the requirements in TEX. PROP. CODE §§53.201-53.239, as amended, and shall (1) name obligees; the Owner and the other Indemnities, a lender(s) of Owner, if any, and the title insurance company(ies) which has (have) issued title policies to Owner or its lender(s), if any, (2) be in form satisfactory to Owner and be issued by a surety licensed and admitted to do business in Texas, which maintains at least a "B+" rating or better as issued by A.M Best & Co.

b) Reinsurance: In accordance with Tex. Ins. Code §7.19-1, for any risk exceeding 10% of the surety's capital on any bid bond, surety bond, or performance bond, the respective surety shall obtain reinsurance on such risk with one or more reinsurers that are duly authorized, accredited, or trusted to do business in Texas. Such reinsurance shall be witnessed by written certification as a condition precedent to SAISD's acceptance of the bond.

c) Venue: If any suit shall be instituted against a surety, guarantee, or Fidelity Company by SAISD, the proper Court of the county where the bond has been filed shall have jurisdiction of this case, and the surety, guarantee or Fidelity Company shall be deemed resident of the county wherever they may do business. Tex. Ins. Code §7.01 et seq.

59. Performance & Payment Bonds or Irrevocable Letter of Credit:

a) Are required on contracts for $25,000.00 or more.

b) Bidder agrees that upon award of contract, bidder will execute and submit the required documents within ten ( 10) working days from date of Notice of Award. Bidder shall not commence work under this contract until the Performance and Payment Bond required under this section have been obtained and submitted to the School District. "The District reserves the right to automatically revoke Board Award if the vendor does not provide Performance and Payment Bonds within ten ( 10) working days from date of Notice of Award."

c) Successful bidder shall furnish a performance and a payment bond executed by a surety acceptable to the SAISD in an amount of 100 percent of the contract price as security for the completion of the work and for the payment of all persons performing labor and furnishing material in connection with this contract, whether or not they become part of the completed project.

d) Performance and Payment bonds shall be executed by a surety duly authorized to do business in the State of Texas and licensed by the State of Texas to issue surety bonds. If any such bond is in an amount in excess often percent of the surety company's capital and surplus, the School District may require, as a condition to accepting the bond, written certification that the surety company has reinsured the portion of the risk that exceeds ten percent of the surety company's capital and surplus with one or more reinsurer who are duly accredited, trusted or licensed and admitted to do business in the State of Texas. The amount reinsured by any reinsurer may not exceed ten percent of the reinsurer's capital and surplus.

e) The District may accept an Irrevocable Letter of Credit for low risk type services as determined by the District. If an Irrevocable Letter of Credit is accepted in lieu of Performance Bond, based upon the District's determination, the financial institution must be subject to the laws of the State of Texas. The letter must state "irrevocable" to be made payable to SAISD in the amount of 100% of total bid/proposal amount. The District reserves the right to automatically revoke Board Award if the vendor does not provide an Irrevocable Letter of Credit within ten (10) working days from date of Notice of Award. The Letter of Credit will be returned to the unsuccessful vendor(s) within 10 working days after contract award. Vendor must enclose a self addressed stamped envelope for return of letter. If the successful vendor(s) does not execute a contract and post the applicable Insurance Certificate required by the Procurement Services General Terms and Conditions within ten (10) working days from date of Notice of Award, the District shall file a written claim with the financial institution to forfeit the face value amount in whole or in part.

60. Insurance:

a) The Contractor shall not commence work under this contract until all insurance required under this section has been obtained and evidence of insurance has been submitted to and verified by the School District. Required insurance coverage must be written by an insurance company licensed to conduct business in the State of Texas, or listed as an eligible surplus lines carrier, as determined by the State Board of Insurance. In addition, the School District may consider the A.M. Best Rating of the insurance company to determine the company's acceptability to the School District.

b) An original certificate of insurance confirming coverage must be submitted to the School District within ten (10) working days from date of Notice of Award. "The District reserves the right to automatically revoke Board Award if the vendor does not provide an original certificate of insurance within ten (10) working days from date ofNotice of Award."

c) Contractor shall obtain and maintain insurance, with the exception of Worker's Compensation and Employer's Liability coverage, with the San Antonio Independent School District named as an additional insured. For Worker's Compensation and Employer's Liability the Contractor will provide and maintain this coverage, and waive subrogation in favor of the San Antonio Independent School District. The certificate(s) of insurance provided the San Antonio Independent School District by the Contractor must reflect the above-stated requirements.

d) Failure to submit and maintain valid insurance/bonding constitutes a breach of contract and may result in contract termination in the best interest of the District.

NOTE: THE FOLLOWING REQUIREMENTS HA VE BEEN REVISED <FEBRUARY, 1992).

DIRECTED TO REVIEW THESE PROVISIONS CAREFULLY.

Insurance coverage and liability limits shall be not less than the following:

COVERAGE LIMITS

A. COMPREHENSIVE AUTOMOBILE LIABILITY $500,000.00 CSL

(Combined Single Limits) or $250,000/$500,000 BU $100,000 PD BI=Bodily Injury, PD=Property Damage

BIDDERS ARE

Business (Commercial) Automobile Liability Insurance coverage is required for all owned, non-owned and hired vehicles. No deletions/exclusions from standard coverage form allowed without written consent from the San Antonio Independent School District, Procurement Services Department.

Must Include Owned, Hired, and Non-Owned Automobiles

B. COMPREHENSIVE GENERAL LIABILITY

EACH OCCURRENCE

General Aggregate

$500,000.00 CSL

(Combined Single Limits) or $500,000 BI/$100,000 PD

$1,000,000.00

Independent Contractor Coverage (same as above) if Sub-Contractors are used.

FOR CONTRACTS OF $25,000.00 OR MORE:

In Addition to the Comprehensive General Liability requirements shown above, Excess Liability or Umbrella Policy in the amount of $1,000,000.00 is required for contracts of $25,000.00 or more, unless Comprehensive General Liability limits of$1,500,000.00 or more for each occurrence can be provided as a substitute for the Excess Liability requirement.

C. WORKER'S COMPENSATION INSURANCE

The Texas Labor Code requires worker's compensation insurance for all persons providing services on a building or construction projects. The San Antonio Independent School District requires the prime contractor to:

a) Provide certificates of coverage for the contractor's employees to the Procurement Services Department.

b) Provide certificate of coverage for each person providing services on the project, prior to that person beginning work on the project.

c) Retain copies of the above certificates of coverage for the duration of the project, plus one year.

d) Notify the San Antonio Independent School District entity, in writing, by certified mail or personal delivery, within ten days after the contractor knew or should have known of any changes that materially affects the coverage of any person providing services on the project.

e) Provide new certificate at least thirty (30) days prior to the expiration of coverage period.

f) Obtain and provide new certificates of coverage for each person providing services on the project whose current certificate ends during the duration of the project.

g) Post a notice on each project site in the text, form, and manner prescribed by the TWCC, informing all persons providing services on the project that they are required to be covered and stating how a person may verify coverage and report lack of coverage.

Persons providing "services" on the project includes all persons or entities performing all or part of the services that the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers and owner-operators. "Services" include without limitation, providing hauling or delivering equipment or materials, or providing labor, transportation, or other services related to the project.

"Services" do not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (Vernon's Ann. Civ. Stat., Art. 8308-3.23)

D. PROFESSIONAL LIABILITY

a) "Provide proof of professional liability/errors omissions in the amount of $500,000 for the past year and history of all claims. Note any and all allegations and convictions of felonies related to the firm's owners or operators, and include a general description of the conduct resulting in the allegation or conviction of each felony.

61. Clean Air and Water Act - 1, the Bidder/Proposer, am in compliance with all applicable standards, orders or regulations 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, as required under 0MB Circular A-102, Attachment 0, Paragraph 14(1) regarding reporting violations to the grantor agency and to the United States Environmental Protection Agency, Assistant Administrator for the Enforcement.

62. SAISD's Child Nutrition Services fully complies with the Texas Department of Agriculture's Administrative Reference Manual, Section 17 that contains State and regulatory guidance for standard operations. See link:

https://sguaremeals.org/Programs/NationalSchoolLunchProgram/PolicyARM.aspx

63. Instructions to Bidder/Proposer - The quantities of products noted in the minimum specifications portion of this document are estimates only and not necessarily purchased by this contract. Specific quantities will be noted on subsequent purchase/delivery orders issued under this contract. If the District's requirements do not result in orders in the quantities described as "estimated" in the minimum specifications, that fact shall not constitute the basis for an equitable price adjustment.

64. Liquidated Damages - If the successful offeror fails to deliver or defaults on this contract within the time specified in the contract, the offeror shall pay (or have withheld from payments due), at the option of SAISD, to SAISD as liquidated damages $300 per delivery order. Offeror agrees that this is a reasonable cost to compensate SAISD for time and effort involved in procuring replacement products and/or services, which costs would be difficult, if not impossible, to compute with certainty, and does not constitute a penalty.