1-RFSB 26-019 (LC) Gonzales Achievement Center.pdf

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26-019 (LC) Real Estate Sale - Gonzales Achievement Center
Solicitation number
26-019 (LC) Real Estate Sale - Gonzales Achievement Center
Issued by
Bexar County, Texas

About this file

Summary

This is a Request for Sealed Bids (RFSB No. 26-019 (LC)) issued by the San Antonio Independent School District (SAISD) for the sale of real property. The property consists of approximately 1.31 acres located at 518 E. Magnolia Avenue in San Antonio, Texas, commonly known as the Gonzales Achievement Center (formerly Mark Twain PreK Campus). The district is soliciting bids for the purchase of the property on an "as is, where is" basis. Two on-site property walkthroughs are scheduled for Monday, April 20, 2026, at 1:00 p.m. CDT and Monday, May 4, 2026, at 3:00 p.m. CDT. Offerors must submit written questions by Thursday, May 7, 2026, at 4:00 p.m. CDT, with responses issued by Thursday, May 14, 2026, at 4:00 p.m. CDT. The deadline for bid submission is Monday, June 1, 2026, at 4:30 p.m. CDT via the SAISD Bonfire portal. Bids will be opened in person on June 1, 2026, at 4:30 p.m. CDT at 514 W. Quincy, San Antonio, Texas 78212. Administrative review is scheduled for Wednesday, June 3, 2026, with scoring and evaluation to be completed by Friday, June 12, 2026. Final selection recommendation is targeted for Wednesday, July 1, 2026, with Board of Trustees approval anticipated for Monday, July 20, 2026.

Bids must be submitted as a purchase price for the full conveyance of fee simple title and must include all terms, conditions, contingencies, and any financial or other incentives proposed to SAISD. The transaction includes a use restriction prohibiting Pre-K-12 instructional programs on the property for twenty years from the deed recording date, except for programs provided by SAISD or affiliated entities. The mineral estate is reserved by SAISD per Texas Education Code Section 11.154, although the district waives surface rights for exploration. All bids remain firm for 120 days from the submission deadline. SAISD is not obligated to accept any bid and reserves the right to evaluate bids based primarily on purchase price while considering other factors that serve the district's interests and advance its public education mission. The draft Real Estate Sales Contract includes standard provisions including earnest money requirements, a 60-day inspection period, title commitment and survey delivery deadlines, closing within 30 days of the inspection period end, and various representations and warranties from both parties.

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REQUEST FOR SEALED

BIDS FOR SALE OF

REAL ESTATE

SAN ANTONIO INDEPENDENT

SCHOOL DISTRICT

RFSB NO. 26-019 (LC)

April 8, 2026

SAN ANTONIO INDEPENDENT SCHOOL DISTRICT

REQUEST FOR SEALED BIDS

CONTENTS

RFSB Objective and Property Description Timeline

Information and Instructions to Offerors General Terms & Conditions

Conflict of Interest Questionnaire Form (CIQ) Representation and Certification Form

Exhibit A, Bid Form Exhibit B, Real Estate Sales Contract (Draft)

Procurement Services Department

514 W. Quincy San Antonio Texas,78212

Office: 210-354-9060 F: 210-228-3174 Business Hours: 8:00 AM – 4:30 PM (CDT)

REQUEST FOR SEALED BIDS

FOR THE SALE OF REAL ESTATE

RFSB No. 26-019 (LC)

Objective

The San Antonio Independent School District (“SAISD” or “the District”) is soliciting sealed bids from persons or organizations (“Offeror”) for the sale the SAISD’s real property, including all improvements, described herein below (“Property”). In consideration for conveyance of fee simple title to SAISD’s Property, SAISD will consider timely submitted bids in the form of a purchase price paid in full at closing. The sealed bid must set forth all terms, conditions and contingencies of the bid. Offeror must propose all incentives (financial or otherwise) to SAISD for the sale. SAISD may select the bid which was timely submitted, responsive to the RFSB specifications, and most satisfies the interests of SAISD, as determined by SAISD in its sole discretion. However, SAISD is not required to select or accept any bid.

SAISD PROPERTY

Approx. 1.31 acres, Lot 49, Block 1, NCB 861, Gonzales Achievement Center (Formerly Mark Twain PreK Campus), in the City of San Antonio, Bexar County, Texas, commonly known as 518 E. Magnolia Ave., situated between E.

Magnolia Ave. to the north, Valentino Place to the south, and Kings Court to the east. See aerial(s) of the Property, attached to this RFSB solicitation.

“AS IS” Transaction. The proposed transaction (stemming from acceptance of a bid and execution of a Real Estate Sales Contract) is an arm’s-length agreement between the parties. The purchase price for the Property is made on the basis of an “as is, where is” transaction and reflects the agreement of the parties that there are no representations, disclosures, or express or implied warranties, except those in the contract and the closing documents. Offeror is not relying on any representations, disclosures, or express or implied warranties other than those expressly contained in the contract and the closing documents.

Further, Offeror is not relying on any information regarding the Property provided by SAISD or its employees and representatives. Offeror shall rely on its own inspection and the representations and the warranties contained in the contract and the closing documents. Please refer to the proposed Real Estate Sales Contract for additional terms and conditions.

Mineral Estate Reserved. Because the applicable statute (Tex. Educ. Code §11.154) authorizing the sale of the Property explicitly excludes the mineral estate, the Deed will reserve the mineral estate (meaning SAISD will not convey the mineral estate). However, SAISD agrees to a reasonable waiver of surface rights for exploration or the reserved mineral estate.

Use Restriction. No part of the Property shall be used for Pre-K–12 instructional programs, except for instruction or educational programs provided by Grantor or an entity affiliated with Grantor. This Use Restriction protects and serves the following SAISD interests, as adopted by SAISD’s Board: As a steward of public funds and public education, SAISD is compelled to impose the restriction to protect the following interests: (i) The investment of public funds in enhancing and renovating campus facilities; (ii) Revenue allotted to scholastics attending SAISD’s schools; (iii) SAISD’s constitutional mission of educating all children residing within SAISD’s geographical boundaries; and (iv) SAISD’s long-range facility plans and ability to reasonably plan for future growth. The Use Restriction shall run with the land and shall be binding upon the Grantee and all subsequent owners, lessees, or occupants of the Property for a period of twenty years from the date of recording of the deed conveying the Property.

The District makes no representation as to the accuracy of the size of the Property. The approximate area of the Property is provided as a general statement of the quantity of property, more or less. Bids will not be adjusted based on the actual square footage of the Property.

Timeline

RFSB #26-019 (LC)

(Subject to change)

Milestone Date / Time RFSB Solicitation posted on Bonfire and published in newspaper Wednesday, April 8, 2026 First advertisement Wednesday, April 8, 2026 Second advertisement Wednesday, April 15, 2026 On-Site Property Walkthrough #1 (1:00 pm CDT) Monday, April 20, 2026 On-Site Property Walkthrough #2 (3:00 pm CDT) Monday, May 04, 2026 Offeror Questions Due (by 4:00 pm CDT) Thursday, May 07, 2026 Addenda Issued (if any) (by 4:00 pm CDT) Thursday, May 14, 2026 DEADLINE TO SUBMIT BID (Not later than 4:30 pm CDT) Monday, June 01, 2026 Bids Unsealed (4:30 pm CDT; Hosted in Person) Monday, June 01, 2026 Administrative / responsiveness review Wednesday, June 03, 2026 Scoring / evaluation (tentative completion) Friday, June 12, 2026 Selection recommendation finalized (internal) Wednesday, July 01, 2026 Bid and Contract approved by Board of Trustees (tentative) Monday, July 20, 2026

Note: Offerors must submit bids through the SAISD Bonfire portal (https://saisd.bonfirehub.com/portal). Registration is required.

SPECIFICATIONS AND INSTRUCTIONS

PLEASE READ THESE SPECIFICATIONS AND INSTRUCTIONS CAREFULLY. BY SUBMITTING A BID, OFFEROR AGREES TO FOLLOW THESE SPECIFICATIONS AND INSTRUCTIONS AND TO BE BOUND THEREOF. IF OFFEROR CAN NOT AGREE TO ALL SPECIFICATIONS AND INSTRUCTIONS, DO NOT SUBMIT A BID.

1. No Contact Period; Communications with SAISD Board of Trustees. During the period beginning on issuance of this RFSB solicitation (on April 8, 2026) and through to the date a Real Estate Contract is fully executed or when the solicitation is officially terminated, Offeror shall comply with the contact restrictions below. Failure to comply with these restrictions may result in disqualification of the Offeror, Offeror’s bid, cancellation of an award to the Offeror, and/or debarment of the Offeror. Relative to this RFSB solicitation or the Property, Offeror and its employees and agents shall:

1.1 Direct all questions and requests for clarification to SAISD’s Procurement Services Department or through the electronic bid portal SAISD Bonfire (EUNA) portal;

1.2 Not directly or indirectly contact a member of the District’s Board of Trustees; and

1.3 Not directly or indirectly contact or attempt to contact any District employee without first coordinating such contact with SAISD’s Director of Procurement Services Department.

2. On-Site Property Walk-Through. An on-site Property walk-through will be conducted on Monday, April 20, 2026, at 1:00 p.m. (CDT) & Monday, May 4, 2026, at 3:00 p.m. (CDT). Interested parties are encouraged to attend and to review the Property information prior to the on-site walk-throughs.

3. Offeror’s Representations. By submitting a bid, Offeror represents that:

3.1 The Offeror has carefully read and understands the RFSB specifications and Bid Documents, enclosed and referenced herein.

3.2 The Offeror’s bid(s) is made in accordance with these RFSB specifications and Bid Documents.

3.3 The Offeror has carefully read and understands the information provided for the Property, to the extent that such information applies to the property for which the bid is submitted.

3.4 Offeror’s bid is made on the basis of Offeror’s preliminary inspections, and not on the basis of any representations of

SAISD or any agent or representative of SAISD.

3.5 If Offeror’s bid is accepted by SAISD, Offeror shall timely execute the SAISD-approved real estate contract

(substantially in the form shown as Exhibit B) to transact the conveyance and shall not assign or transfer interests in its bid or said contract to another entity or person without SAISD’s advance consent, which may be denied or granted by SAISD in its sole discretion.

4. Questions. Questions regarding this RFSB solicitation (including the Property) must be in writing and submitted not later than Thursday, May 7, 2026, at 4:00 PM (CDT). A response to questions will be issued in the form of an addendum and posted by Thursday, May 14, 2026, at 4:00 PM (CDT) on SAISD Bonfire (EUNA).

5. From Bid. A bid must be submitted on the form prescribed by SAISD, fully completed (relative to type of bid made), and duly signed by an authorized representative for the Offeror. The prescribed bid form is attached as Exhibit A. All monetary https://saisd.bonfirehub.com/portal/?tab=openOpportunities https://saisd.bonfirehub.com/ amounts shall be articulated in both words and numerals, and in case of a discrepancy, the amount articulated by words will prevail.

The Offeror must also submit the following with its bid:

Conflict of Interest Questionnaire (CIQ) Representations and Certifications Form

6. Submission of Bids. SAISD will only accept bids submitted online on Bonfire and in accordance with this RFSB solicitation. Oral, telephonic, facsimile and emailed bids will be rejected.

Sealed bids must be received by SAISD not later than Monday, June 1, 2026, at 4:30 pm CDT. The submission must be uploaded to the SAISD Bonfire (EUNA) portal prior to the foregoing deadline date and time unless this date or time is extended by addendum issued by SAISD. It is recommended that you give yourself sufficient time and at least ONE HOUR before the deadline to begin the uploading process. If you experience technical difficulty when uploading your submission in Bonfire, please call Bonfire at 1-800-354-8010 ext. 2 for assistance. Bids not submitted as specified above may be grounds for rejection.

The Bid Opening will be hosted in person at 514 W. Quincy San Antonio, TX 78212 on June 1, 2026, at 4:30 PM CDT.

Please arrive 15 minutes prior to scheduled time and check in at the front desk and you will be escorted to the meeting room.

All parking tickets will be validated at the front desk.

7. The Bid Offer. Offerors must submit a purchase bid. The bid must clearly and fully set forth all terms, conditions and contingencies of the bid. Offeror must propose all incentives (financial or otherwise) to SAISD for the sale.

Each bid received will be presumed to be accurate and free from error, unless clear and convincing evidence, as determined by SAISD, to the contrary is presented. Any attempt to unreasonably qualify a bid, by legend on the bid documents or otherwise, may lead to the rejection of the bid as nonconforming.

Bids shall be firm and may be accepted by SAISD within one hundred twenty (120) days from the date of the submission deadline. A bid may not be revoked or materially amended by Offeror after the submission deadline. However, SAISD reserves the right to discuss or negotiate the terms (other than purchase price) of a bid with Offerors after the bid opening for clarification and to reach mutually agreeable terms for a transaction to convey title. SAISD reserves the right to accept a bid(s) based on the results from such discussions.

A bid form which is incomplete, contains any unacceptable conditions or contingencies, or which is not properly made and signed by the Offeror’s authorized agent may be rejected.

8. Addendum(a). All addenda pertaining to this RFSB solicitation shall be prepared by SAISD. If there are any material changes, corrections or supplemental information to this solicitation based on the on-site Property walk-through, timely submitted questions from Offerors, or at SAISD’s own volition and convenience, an addendum(a) will be issued to address such changes, corrections or supplemental information. All addenda will be published by Thursday, May 14, 2026, at 4:00 PM (CDT). All addenda must be read and acknowledged by Offeror and submitted as part of Offeror’s bid submission. Failure to acknowledge receipt of an addendum may be cause for rejection of the Offeror’s bid.

9. Evaluation. SAISD will consider and evaluate all timely and responsive bids. Purchase bids will be evaluated based primarily on the purchase price. SAISD reserves the right to consider other factors which serve the interests of SAISD to maximize a return for its Property and also advance SAISD’s public education mission. SAISD is not required, however, to select or accept any bid.

10. Acceptance by Board of Trustees. No contract shall be created between SAISD and an Offeror by virtue of the Offeror's submission of a bid or SAISD administration’s recommendation of a bid to SAISD’s Board of Trustees. A bid shall not be https://saisd.bonfirehub.com/ deemed accepted until the bid has been approved by SAISD’s Board of Trustees. A contract between SAISD and an Offeror shall not be valid until duly executed by authorized representatives for SAISD and Offeror.

GENERAL TERMS & CONDITIONS

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY SUBMITTING AN OFFER, YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS. IF YOU DO NOT AGREE TO ALL TERMS & CONDITIONS, DO

NOT SUBMIT AN OFFER.

Application. These general terms and conditions are incorporated into the RFSB solicitation by reference. In the event of a conflict, the RFSB solicitation term or condition will prevail over the conflicting general term or condition.

Definitions. Italicized words herein are defined below.

“Days” whether or not italicized or capitalized, means calendar days unless otherwise specified.

“District” means the San Antonio Independent School District.

“Director” means the District’s Director of Procurement Services Department, 1270 W. Summit Ave., San Antonio, Texas 78201.

“Offer” whether capitalized or not, means a bid, proposal, or other submission requested by or through the Specifications.

“Specifications” means District’s RFSB (No. 21-044 (RC)) solicitation, including addenda related thereto and these general terms and conditions.

“Bidder” means an interested person or entity, proposer, bidder, offeror, contractor, or other party submitting an offer and/or which contracts with the District if awarded a contract.

Interpretation. The captions used herein are for convenience only and will not be considered in resolving questions of interpretation or enforcement. The Specifications will not be construed against their author.

Terms & Conditions

1. Bidder Obligations – It is Bidder’s responsibility to read and fully comply with the District’s Specifications and to inquire on any needed clarification. Failure to complete and submit the offer according to the Specifications may result in rejection or disqualification of Bidder’s offer. By submitting an offer, Bidder agrees to comply with District’s Specifications. Bidder acknowledges that the District shall rely on Bidder’s statements and representations in its offer as a material inducement in awarding and entering a contract with Bidder.

2. Bidder Expenses – The District shall not be charged or responsible for any costs incurred by Bidder in the preparation, submission or presentation of its offer, including participation in any part of the procurement process.

3. Improper Contact; Collusion – During the period beginning on issuance of the solicitation and through to the date a Real

Estate Contract is fully executed or when the solicitation is terminated, Bidder shall comply with the restrictions and reporting requirement below. These restrictions and reporting requirement are intended to supplement restrictions and disclosures required by applicable law. Failure to comply with these restrictions or reporting requirement may result in disqualification of the Bidder, Bidder’s offer, cancellation of an award to the Bidder, and/or debarment of the Bidder.

Relative to the solicitation, Bidder and its employees and agents shall:

A. Direct all questions and requests for clarification to the Director or designee;

B. Not directly or indirectly contact a member of the District’s Board of Trustees or evaluation committee;

C. Not directly or indirectly contact or attempt to contact any District employee without first coordinating such contact with the Director;

D. Not collude or attempt to collude with other Bidders to fix or hold prices from the level attained by the free market; and E. Report to the Director immediately after discovering an improper contact or collusion.

4. Conflicts of Interest; Improper Benefits – Bidder has legal obligations requiring it to timely disclose conflicts of interest and prohibiting it from offering, agreeing to confer, or conferring improper benefits relative to procurements. It is Bidder’s responsibility to understand and comply with its legal obligations. A violation by Bidder of its legal obligations will result in disqualification of Bidder’s offer, cancellation of an award to the Bidder, and/or debarment of Bidder.

5. No Gratuities – Neither Bidder nor its employees or agents shall offer, give or intend to give gratuities to any District officer or employee with contract approval or procurement authority with the intent of securing a contract or preferential treatment in the procurement process. “Gratuities” means economic opportunity, employment, loan, gift, favor, or pecuniary benefit. Violation of this provision will result in disqualification of Bidder, Bidder’s offer and/or debarment of Bidder.

6. Applicable Law and Board Policies – In addition to the application of Texas and federal laws, including their regulations and agency orders, applicable Board Policies and administrative procedures of the District govern the issuance of the solicitation, submission and evaluation of offers, and award of a contract.

7. Form of Bid/Proposal – All portions of the offer must be clearly typed, printed or written. Bidder shall submit prices and other information required in the proper spaces on the forms provided. The offer must completely and clearly convey all the information requested. If the offer fails to conform to the essential requirements of the solicitation, the District, in its sole discretion, shall determine whether the variance is immaterial or minor to permit acceptance and further consideration of the offer.

8. Submission of the Offer – Bidder shall submit the signed original offer in accordance with the Specifications, clearly marked with Bidder's full name, solicitation number, and the opening date and time.

9. No Late Submissions – An offer received after the specified deadline (set by date and time) will not be accepted or opened.

10. No Email or Facsimile Submissions – An offer received by facsimile (fax) or by e-mail will be rejected.

11. Alternative Bids/Proposals – An alternate bid or proposal will not be accepted unless otherwise specified and permitted in the RFSB solicitation.

12. District’s Other Rights – In addition to other rights herein, the District reserves the right to:

A. waive minor irregularities and informalities;

B. accept or reject any offer or all offers;

C. extend the submission deadline and other timelines of the solicitation;

D. request additional copies of the offer;

E. award to a single Bidder or multiple Bidders;

F. negotiate an offer as permitted by the solicitation; and G. suspend or terminate the solicitation or procurement process at any time.

13. Clarifications – Prior to the submission deadline, the District may clarify its solicitation by issuing a clarification addendum. The District may seek clarification of any offer at any time. If the District seeks clarification from a Bidder, a written clarification must be completed and timely returned by Bidder in accordance with the instructions from the District.

If a clarification is not timely submitted, Bidder’s offer may be disqualified.

14. Offer Withdrawal and Alteration – Bidder may withdraw its offer at any time before the submission deadline, provided however that the Director’s office actually receives, before the submission deadline, Bidder’s written request to withdraw the offer. Bidder cannot alter or supplement its offer after the submission deadline except as permitted by the solicitation or to correct obvious errors as shown by clear and convincing evidence and as determined by the District.

15. Public Information – All information submitted to the District is subject to the Texas Public Information Act. If Bidder believes any portion of its offer should be protected from public disclosure, Bidder must clearly label or mark those portions accordingly. Such labeling or marking, however, does not guarantee the information will not be publicly disclosed; Texas Attorney General decision(s) determine if claimed confidential information may be withheld from public disclosure. If a request is received by the District for a copy or inspection of Bidder’s clearly marked/labeled offer or any part thereof, the District shall inform the Bidder of such request. The Bidder will then submit, in accordance with the Texas Public Information Act, arguments to the Texas Attorney General to protect its documents.

16. Debarment – By submitting an offer, Bidder certifies that Bidder is not debarred by the Texas Comptroller of Public

Accounts or any other governmental entity in Texas.

17. Assignment of Offer – Bidder shall not assign or transfer any interest in an offer, in whole or in part, to any other party unless the Director approves of same in writing prior to the assignment or transfer. An unapproved assignment or transfer is void and may disqualify Bidder’s offer.

18. Protest – A protest must be in writing and filed with the Director within 15 business days of the event or action that is the subject of the protest. A protest must include: the name, address and telephone number of the protestor; the signature of the protester or its representative; identification of the solicitation; a detailed statement of the legal and factual grounds of protest including copies of relevant documents; and the relief requested. The Director shall hold a conference with the protester within ten business days of the request. The Director shall have ten business days following the conference within which to respond. If the outcome of the conference is not to the protester’s satisfaction, or if no response was provided and the time for a response has expired, the protester may request a conference with the supervisor of the Director at Level Two pursuant to District’s Board Policy GF (LOCAL).

19. Merger and Form of Contract – The Bidder awarded a contract agrees to timely execute a contract in a format substantially consistent with the contract attached to these Specifications (Exhibit B) (Specifications, with appropriate modification of terms as necessary). Bidder acknowledges that the District has relied on Bidder’s statements and representations in its offer as a material inducement in awarding and entering a contract with Bidder.

20. Approval of Contract – No award or contract will be valid or binding on the District until the recommended award has been approved by the District’s Board of Trustees, unless the District’s Board policy and procedures expressly authorize the District’s administration to approve same without Board action.

**End of General Terms & Conditions**

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

FORM CIQ

This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.

A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.

OFFICE USE ONLY

Date Received

1 Name of vendor who has a business relationship with local governmental entity.

Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)

3 Name of local government officer about whom the information is being disclosed.

Name of Officer

4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.

Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor?

Yes No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity?

Yes No

5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more.

Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).

Signature of vendor doing business with the governmental entity

Date

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.

Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on:

(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity;

(B) a transaction conducted at a price and subject to terms available to the public; or

(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency.

Local Government Code § 176.003(a)(2)(A) and (B):

(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:

(2) the vendor:

(A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that

(i) a contract between the local governmental entity and vendor has been executed;

or

(ii) the local governmental entity is considering entering into a contract with the vendor;

(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:

(i) a contract between the local governmental entity and vendor has been executed; or

(ii) the local governmental entity is considering entering into a contract with the vendor.

Local Government Code § 176.006(a) and (a-1)

(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:

(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);

(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or

(3) has a family relationship with a local government officer of that local governmental entity.

(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of:

(1) the date that the vendor:

(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or

(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or

(2) the date the vendor becomes aware:

(A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a);

(B) that the vendor has given one or more gifts described by Subsection (a); or

(C) of a family relationship with a local government officer.

REPRESENTATIONS AND CERTIFICATIONS

By submitting a bid, the undersigned represents that he/she is the Offeror, or if the Offeror is an organization, that he/she is an authorized officer or representative for the Offeror, and certifies the accuracy and completeness of the following statements:

a. Offeror is not debarred by the Texas Comptroller of Public Accounts or any other governmental entity in Texas.

b. Section 44.034 of the Texas Education Code requires a person or business entity that enters into a contract with a school district must give advance notice to the district if the person and/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.

This notice is not required of a publicly held corporation.

I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best of my knowledge.

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

2. ___ My firm is not owned or 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): ______________________________________

c. Non-Collusion Statement: The undersigned affirms that he/she is duly authorized to execute this bid, that the company, corporation, firm, partnership, or individual identified herein has not prepared this bid in collusion (i.e., 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, have not been communicated by the undersigned nor by any other employee, agent and/or representative of the company, corporation, firm, partnership, or individual herein identified 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.

Signature by Offeror or Authorized officer/representative: ____________________________

Printed name and title: _______________________________________________________

This sheet must be filled out, signed, and returned with the bid submittal.

Exhibit A

SEALED BID FORM

SALE OF REAL PROPERTY RFSB No. 26-019

(LC)

Re: Approx. 1.31 acres, Lot 49, NCB 861, Gonzales Achievement Center (Formerly Mark Twain PreK Campus), in the City of San Antonio, Bexar County, Texas, situated between Huisache Ave. to the north, Valentino Place to the south, and Kings Court to the east (“Property”).

To: San Antonio Independent School District From:

Offeror (Insert full name of bidder plus full name, title, address, telephone number and signature of person authorized to submit this bid and represent the bidder):

Offeror’s Name:

Representative:

Title:

Address:

Telephone No.:

Signature: Date:

By submitting its bid(s), the Offeror acknowledges that Offeror:

A. Carefully examined the legal description, improvements and features of the Property;

B. Carefully examined the RFSB and its specifications, terms and conditions;

C. Determined to Offeror's own satisfaction all conditions or limitations that exist or that may arise affecting the

Property or the use of the Property;

D. Submitted its bid on the basis of its own examinations, inspections, and determinations, and not on the basis of any representations or promises made to Offeror by any officer, employee or agent of SAISD;

E. Submitted its bid on the basis of an “AS IS, WHERE IS” transaction;

F. If Offeror’s bid is accepted by SAISD’s Board of Trustees, Offeror agrees to timely execute the Real Estate Sale

Contract substantially in the form set out as Exhibit B to the RFSB (with modification as necessary for the context of the transaction).

G. Understands and agrees that the RFSB, including its specifications, terms and conditions, are incorporated herein by reference.

[Bid(s) to be completed on following page]

PURCHASE BID

To purchase SAISD’s Property described above and subject to the RFSB solicitation, Offeror bids the following purchase price:

Total Purchase Price (the bid must be in U.S. currency):

(amount in words) (amount in numerals)

Signature of Offeror/representative (confirming purchase bid):

Date

This bid will remain valid for 120 days from the submission deadline.

**end**

Exhibit B

“DRAFT” REAL ESTATE SALES CONTRACT

This contract to sell and buy real property is between Seller and Buyer as identified below and is effective on the date (“Effective Date”) of the last of the signatures by Seller and Buyer as parties to this contract and by Title Company to acknowledge receipt of the Earnest Money. Buyer must deliver the Earnest Money to Title Company and obtain Title Company’s signature before the Earnest Money Deadline provided in section A.1. for this contract to be effective. If Earnest Money is paid by check and payment on presentation is refused, Buyer is in default.

Seller: San Antonio Independent School District Address: 514 W. Quincy St., San Antonio, Texas 78212 Type of entity: Political Subdivision of the State of Texas

Property: The land commonly known as ___________, San Antonio, Bexar County, Texas, and more fully described in Exhibit A (“Land”), together with improvements to the Land (“Improvements”).

Title Company:

Consideration:

Purchase Price: $______________

Earnest Money: $_______________

Buyer’s Liquidated Damages: $5000.00

Seller’s Additional Liquidated Damages: $5000.00

County for Performance: Bexar County, Texas.

A. Deadlines and Other Dates

All deadlines in this contract expire at 5:00 P.M. local time where the Property is located. If a deadline falls on a Saturday, Sunday, or national holiday, the deadline will be extended to the next day that is not a Saturday, Sunday, or national holiday. A national holiday is a holiday designated by the federal government. Time is of the essence.

1. Earnest Money Deadline: ______________

2. Delivery of Title Commitment: Ten (10) days after the Effective Date.

3. Delivery of Survey: Ten (10) days after the Effective Date.

4. Delivery of legible copies of instruments referenced in the Title Commitment or Survey: Ten (10) days after the Effective Date.

5. Delivery of Title Objections: Ten (10) days after delivery of the Title

Commitment, Survey, and legible copies of the instruments referenced in them.

6. Delivery of Seller’s records as specified in Exhibit C: Fifteen (15) days after the Effective Date.

7. End of Inspection Period: Sixty (60) days after the Effective Date.

8. Closing Date: Thirty (30) days after the end of the Inspection Period.

B. Closing Documents

1. At Closing, Seller will deliver the following items:

Deed Without Warranty (Note: Title Policy will be provided by Seller) Bill of Sale (as necessary) IRS Nonforeign Person Affidavit Evidence of Seller’s authority to close this transaction Other instruments required by the title company

2. At Closing, Buyer will deliver the following items:

Balance of Purchase Price [] Evidence of Buyer’s authority to close this transaction

Assignment and Assumption of Leases (as necessary) Other instruments required by the title company

The documents listed in this section B are collectively known as the “Closing Documents”.

C. Exhibits

The following are attached to and are a part of this contract:

Exhibit A—Description of the Land Exhibit B—Representations; Environmental Matters; Restrictions Exhibit C—Records to be delivered by Seller

D. Purchase and Sale of Property

Seller agrees to sell and convey the Property to Buyer, and Buyer agrees to buy and pay Seller for the Property. The promises by Buyer and Seller stated in this contract are the consideration for the formation of this contract.

E. Interest on Earnest Money

Buyer may direct Title Company to invest the Earnest Money in an interest-bearing account in a federally insured financial institution by giving notice to Title Company and satisfying Title Company’s requirements for investing the Earnest Money in an interest-bearing account. Any interest earned on the Earnest Money will become part of the Earnest Money.

F. Title and Survey

1. Review of Title. The following statutory notice is provided to Buyer on behalf of the real estate licensees, if any, involved in this transaction: Buyer is advised that it should either have the abstract covering the Property examined by an attorney of Buyer’s own selection or be furnished with or obtain a policy of title insurance.

2. Title Commitment; Title Policy. “Title Commitment” means a Commitment for Issuance of an Owner Policy of Title Insurance by Title Company, as agent for Underwriter, or directly by Underwriter, stating the condition of title to the Land. The “effective date” stated in the Title Commitment must be after the Effective Date of this contract. “Title Policy” means an Owner Policy of Title Insurance issued by Title Company, as agent for Underwriter, or directly by Underwriter, in conformity with the last Title Commitment delivered to and approved by Buyer.

3. Survey. “Survey” means an on-the-ground, staked plat of survey and metes-and-bounds description of the Land, if currently possessed by Seller, and certified to comply with the applicable standards and specifications as published by the Texas Society of Professional Surveyors for the Survey Category.

4. Delivery of Title Commitment, Survey and Legible Copies. Seller must deliver the Title Commitment to Buyer by the deadline stated in section A.2.; the Survey, if any is currently possessed by Seller, by the deadline stated in section A.3.; and legible copies of the instruments referenced in the Title Commitment and Survey by the deadline stated in section A.4.

5. Title Objections. Buyer has until the deadline stated in section A.5. (“Title Objection Deadline”) to review the Survey, Title Commitment and legible copies of the title instruments referenced in them and notify Seller of Buyer’s objections to any of them (“Title Objections”). Buyer will be deemed to have approved all matters reflected by the Survey and Title Commitment to which Buyer has made no Title Objection by the Title Objection Deadline. The matters that Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If Buyer notifies Seller of any Title Objections, Seller has ten days from receipt of Buyer’s notice to notify Buyer whether Seller agrees to cure the Title Objections before Closing (“Cure Notice”).

If Seller does not timely give its Cure Notice or timely gives its Cure Notice but does not agree to cure all the Title Objections before closing, Buyer may, within five days after the deadline for the giving of Seller’s Cure Notice, notify Seller that either this contract is terminated or Buyer will proceed to close, subject to Seller’s obligations to remove valid liquidated liens, remove all exceptions that arise by, through, or under Seller after the Effective Date, and cure only the Title Objections that Seller has agreed to cure in the Cure Notice. At or before Closing, Seller must remove all valid liquidated liens, remove all exceptions that arise by, through, or under Seller after the Effective Date of this contract, and cure the Title Objections that Seller has agreed to cure.

G. Inspection Period

1. Review of Seller’s Records. Seller will deliver to Buyer copies of Seller’s records specified in Exhibit C, or otherwise make those records available for Buyer’s review, by the deadline stated in section A.6.

2. Entry onto the Property. Buyer may enter the Property before Closing to inspect it at Buyer’s cost, subject to the following:

a. Buyer must deliver evidence to Seller that Buyer has insurance for its proposed inspection activities, with coverages and in amounts that are reasonably satisfactory to Seller.

b. Buyer may not interfere in any material manner with existing operations or occupants of the Property.

c. Buyer must notify Seller in advance of Buyer’s plans to conduct tests so that Seller may be present during the tests.

d. If the Property is physically altered because of Buyer’s inspections, Buyer must return the Property to its pre-inspection condition promptly after the alteration occurs.

e. Buyer must deliver to Seller copies of all inspection reports that Buyer prepares or receives from third-party consultants or contractors within three days after their preparation or receipt.

f. Buyer must abide by any other reasonable entry rules imposed by Seller.

3. Environmental Assessment. Buyer may conduct environmental assessments of the Property. Seller will provide, to the extent within Seller’s possession, information requested by Buyer or Buyer’s agent or representative regarding the use and condition of the Property. Seller will cooperate with Buyer in obtaining and providing to Buyer or its agent or representative information regarding the Property to the extent that the information is within Seller’s possession.

4. Buyer’s Right to Terminate. Buyer may terminate this contract, and receive its Earnest Money, by notifying Seller of the termination before the end of the Inspection Period. If Buyer does not notify Seller of Buyer’s termination of the contract before the end of the Inspection Period, Buyer waives the right to terminate this contract pursuant to this provision.

5. Buyer’s Indemnity and Release of Seller

a. Indemnity. Buyer will indemnify, defend, and hold Seller harmless from any loss, attorney’s fees, expenses, or claims arising out of Buyer’s investigation of the Property, except those arising out of the acts or omissions of Seller and those for repair or remediation of existing conditions discovered by Buyer’s inspection. The obligations of Buyer under this provision will survive termination of this contract and Closing, any other provision of this contract to the contrary notwithstanding.

b. Release. Buyer releases Seller and those persons acting on Seller’s behalf from all claims and causes of action (including claims for attorney’s fees and court and other costs) resulting from Buyer’s investigation of the Property.

H. Representations

The parties’ respective representations stated in Exhibit B are true and correct as of the Effective Date and must be true and correct on the Closing Date. Each party will promptly notify the other party if any of its respective representations are not true and correct as of the Effective Date.

I. Condition of the Property until Closing; Cooperation; No Recording of Contract

1. Maintenance and Operation. Until Closing, Seller will (a) maintain the Property as it existed on the Effective Date, except for reasonable wear and tear and casualty damage; and (b) comply with all effective contracts, laws, and governmental regulations affecting the Property.

Until end of the Inspection Period, Seller will not enter into, amend, or terminate any contract that affects the Property other than in the ordinary course of operating the Property and will promptly give notice to Buyer of each new, amended, or terminated contract, including a copy of the contract, in sufficient time so that Buyer may consider the new information before the end of the Inspection Period. If Seller’s notice is given within three days before the end of the Inspection Period, the Inspection Period will be extended for three days. After the end of the Inspection Period, Seller may not enter into, amend, or terminate any contract that affects the Property without first obtaining Buyer’s written consent or materially breach any other provision of this section I.

2. Casualty Damage. Seller will notify Buyer promptly after discovery of any casualty damage to the Property. Seller will have no obligation to repair or replace the Property if it is damaged by casualty before Closing. Buyer may terminate this contract if the casualty damage that occurs before Closing would materially affect Buyer’s intended use of the Property, by giving notice to Seller within fifteen days after receipt of Seller’s notice of the casualty (or before Closing if Seller’s notice of the casualty is received less than fifteen days before Closing). If Buyer does not terminate this contract, Seller will (a) convey the Property to Buyer in its damaged condition,

(b) assign to Buyer all of Seller’s rights under any property insurance policies covering the Property, and (c) pay to Buyer the amount of the deductibles and coinsurance provisions under any insurance policies covering the Property, but not in excess of the cost to repair the casualty damage and less any amounts previously paid by Seller to repair the Property.

3. Condemnation. Seller will notify Buyer promptly after Seller receives notice that any part of the Property has been or is threatened to be condemned or otherwise taken by a governmental or quasi-governmental authority. Buyer may terminate this contract if the condemnation would materially affect Buyer’s intended use of the Property by giving notice to Seller within fifteen days after receipt of Seller’s notice to Buyer (or before Closing if Seller’s notice is received less than fifteen days before Closing). If Buyer does not terminate this contract,

(a) Buyer and Seller will each have the right to appear and defend their respective interests in the Property in the condemnation proceedings, (b) any award in condemnation will be assigned to Buyer, (c) if the taking occurs before Closing, the description of the Property will be revised to delete the portion taken, and (d) no change in the Purchase Price will be made.

4. Claims; Hearings. Seller will notify Buyer promptly of any claim or administrative hearing that is threatened, filed, or initiated before Closing that involves or directly affects the Property.

5. Cooperation. Seller will cooperate with Buyer (a) before and after Closing, to transfer any applications, permits, and licenses held by Seller and used in the operation of the Property and to obtain any similar consents necessary for Buyer to operate the Property after Closing, and (b) before Closing, with any reasonable evaluation, inspection, audit, or study of the Property prepared by, for, or at the request of Buyer.

6. No Recording. Buyer may not file this contract or any memorandum or notice of this contract in the real property records of any county. If, however, Buyer records this contract or a memorandum or notice, Seller may terminate this contract and record a notice of termination.

J. Termination

1. Disposition of Earnest Money after Termination

a. To Buyer. If Buyer terminates this contract in accordance with any of Buyer’s rights to terminate under this contract, then unless Seller delivers notice of Seller’s objection to Title Company’s release of Earnest Money to Buyer within five days after Buyer delivers Buyer’s termination notice to Seller and Title Company, Title Company is authorized, without any further authorization from Seller, to deliver refundable Earnest Money to Buyer, less $1,000, which will be paid to Seller as consideration for the right granted by Seller to Buyer to terminate this contract.

b. To Seller. If Seller terminates this contract in accordance with any of

Seller’s rights to terminate under this contract, then unless Buyer delivers notice of Buyer’s objection to Title Company’s release of the Earnest Money to Seller within five days after Seller delivers Seller’s termination notice to Buyer and Title Company, Title Company is authorized, without any further authorization from Buyer, to pay and deliver refundable Earnest Money to Seller.

2. Duties after Termination. If this contract is duly terminated, Buyer will promptly return to Seller all of Seller’s records in Buyer’s possession or control. After return of the documents and copies, neither party will have further duties or obligations to the other under this contract, except for those obligations that cannot be or were not performed before termination of this contract or that expressly survive termination of this contract.

K. Closing

1. Closing. This transaction will close at Title Company’s offices on or before the Closing Date. At Closing, the following will occur:

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