20(24-25)ES - RFP Packet Bidnet.pdf

POMONA UNIFIED SCHOOL DISTRICT

Request for Proposals for

Elementary Newcomer Supplemental Instructional Materials

RFP No. 20(24-25)ES

PROPOSALS DUE: Friday, May 30, 2025 at 10:00 A.M. PDT

POMONA UNIFIED SCHOOL DISTRICT

PURCHASING DEPARTMENT

800 S Garey Ave Pomona, California 91766

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Table of Contents

NOTICE CALLING FOR PROPOSALS

TIMELINE

PROPOSAL OBJECTIVE

INFORMATION FOR PROPOSERS

DEFINITIONS

GENERAL CONDITIONS

SPECIAL CONDITIONS

REQUIRED PROPOSAL SUBMISSION FORMS

PROPOSAL FORM

SCOPE OF WORK

EVALUATION CRITERIA

PROPOSAL PREPARATION AND SUBMISSION

DETAILED PRICE SHEET

LIST OF REFERENCES

NONCOLLUSION DECLARATION TO BE EXECUTED BY PROPOSER AND SUBMITTED WITH

PROPOSAL

LICENSES, PERMITS, AND CERTIFICATIONS

FEDERAL CERTIFICATIONS

CERTIFICATION REGARDING IRAN CONTRACTING ACT

REQUIRED CONTRACT FORMS

SAMPLE SERVICES AGREEMENT

TOBACCO USE POLICY

WORKERS' COMPENSATION CERTIFICATE

DRUG-FREE WORKPLACE CERTIFICATION

NOTICE REGARDING CRIMINAL RECORDS CHECK

CRIMINAL RECORDS CHECK CERTIFICATION

DISCLOSURE OF LOBBYING ACTIVITIES

STANDARD STUDENT DATA PRIVACY AGREEMENT

PROPOSER MUST SUBMIT ALL REQUIRED FORMS. IF ALL REQUIRED ITEMS ARE NOT RETURNED AT THE

TIME OF THE PROPOSAL SUBMISSION, THE PROPOSER MAY BE DECLARED NONRESPONSIVE.

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NOTICE CALLING FOR PROPOSALS

NOTICE IS HEREBY GIVEN that the Pomona Unified School District of Los Angeles County, California, acting by and through its Governing Board, hereinafter referred to as “District,” is seeking sealed proposals in response to Request for Proposals for Elementary Newcomer Supplemental Instructional Materials - RFP No. 20(24-25)ES.

PROPOSAL DOCUMENTS: Proposal documents may be obtained, at no cost, from the following webpage:

http://www.pusd.org/go/purchasing.

PROPOSAL DEADLINE: Proposals must be received at the Place for Submitting Proposals not later than Friday, May 30, 2025 at 10:00 A.M. PDT.

PLACE FOR SUBMITTING PROPOSALS: Sealed proposals must be submitted to the District at the following location: Pomona Unified School District, Education Center Front Desk, 800 South Garey Ave, Pomona, CA 91766. (The District will accept and not consider the sealed packets late as long as the time stamp at the Front Desk of the Education Center reads 10:00 A.M. PDT. The District will consider the sealed packets late once the time stamp reads 10:01 A.M. PDT on Friday, May 30, 2025)

PRE-PROPOSAL CONFERENCE: There will be a highly recommended Pre-Proposal Conference on Tuesday, May 13, 2025 at 10:00 A.M. PDT in the Board Room at the District Education Center, 800 S.

Garey Avenue Pomona, CA. In order to receive courtesy notification of addendum (if any), Proposers will need to sign in at the Front Desk of the Education Center (same street address). All proposers will be responsible for obtaining any addendums or revisions to the RFP. It is the proposer’s responsibility to attend the requested Pre-Proposal Conference to ensure accurate RFP proposed cost(s) and any pertinent information. Please note there is no virtual option available for this Pre-Proposal Conference. The conference will not be recorded.

AWARD OF CONTRACT: The award of the Contract will be on a “best value” evaluation method as outlined in the Districts proposal documents. The District also reserves the right to make one award, multiple awards, or no awards at all for the all scopes of work under this RFP.

Time is of the essence. The District reserves the right to reject any or all proposals or to waive any irregularities or informalities in any proposals or in the proposal evaluation process. The District retains the sole discretion to determine issues of compliance and to determine whether a respondent is responsive, responsible, and qualified. No Proposer may withdraw any proposal for a period of ninety (90) calendar days after the date set for the opening of the proposals.

Any questions regarding the number of addenda or problems downloading the RFP, please contact Mina Young at (909) 397-4800, Ext. 23901. All other questions, please use the link in the RFP packet to submit Requests for Information (RFI’s). This is the only method to ask questions. Questions received after 4:00 P.M. PDT. on Friday, May 16, 2025, will not be answered.

Ed Govea Director of Purchasing and Warehouse Newspaper: Inland Valley Daily Bulletin District Web-Page: www.pusd.org/go/purchasing Advertise Dates: May 5, 2025 and May 12, 2025

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TIMELINE

Event Date RFP Release May 5, 2025 Pre-Proposal Conference May 13, 2025 at 10:00 A.M. PDT Deadline for Questions May 16, 2025 at 4:00 P.M. PDT Proposal Due Date May 30, 2025 at 10:00 A.M. PDT Tentative Contract Award Date June 25, 2025

PROPOSAL OBJECTIVE

The Pomona Unified School District (“District” or “PUSD”) is seeking proposals for Elementary Newcomer Supplemental Instructional Materials - RFP No. 20(24-25)ES, to provide enhanced educational support to the students of the District. The District boasts a diverse population of approximately 23,000 students. With more than 3,100 district employees, the District is the third largest district in Los Angeles County. Presently, the District has 8 high schools, one adult education school, 4 middle schools, 5 K-8 schools, 20 elementary schools, 2 dependent charter schools, and preschools on elementary school campuses, encompassing the City of Pomona and portions of Diamond Bar.

The District shall assess proposals for the Project in accordance with Public Contract Code section

20118.2 which establishes a competitive negotiation process for technology goods and services.

As set forth in Section 20118.2, the District will select the most qualified proposer whose proposal meets the evaluation standards determined by the District as set forth in the RFP and who offers the most benefit to the District with price and all other factors considered. Price is an important consideration in this process, but not the only consideration. The factors to be considered by the District are identified in RFP documents. Any reference to proposals, bidders, or proposers in the RFP is solely for clarification purposes and in no way shall be construed as indicating the District is required to follow, or will follow, a standard bid process or award to the lowest responsible proposer.

Proposers acknowledge and agree that any contract awarded by PUSD will be contingent on adequate funding and that any awarded contract may be terminated at any time by PUSD.

Proposers acknowledge and agree to provide the services as specified by the District through the timeframe requested. The Elementary Newcomer Supplemental Instructional Materials - RFP No. 20(24-25)ES is nonexclusive and the District will determine, in its sole discretion, the types of specified equipment, supplies, and services that are best for its use and the most cost-effective for PUSD. Proposers are advised that communications from the PUSD shall only be through an official written addendum.

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INFORMATION FOR PROPOSERS

WARNING:

READ THIS DOCUMENT CAREFULLY. DO NOT ASSUME THAT IT IS THE SAME AS OTHER SIMILAR

DOCUMENTS YOU MAY HAVE SEEN, EVEN IF FROM THE SAME DISTRICT.

1. Preparation of Responses. RFP responses shall conform to all requirements outlined in this RFP and shall be responsive to all sections in full. All proposal items and statements shall be properly and legibly filled out. Numbers shall be stated both in words and in figures where so indicated, and where there is a conflict in the words and the figures, the words shall control over the numbers. The District is requesting the following:

a) One original set of required documents

b) Four (4) sets of copies

c) One electronic signed copy on a USB flash drive

2. Form and Delivery of Proposals. The Proposer’s response, together with any and all additional materials as required, shall be enclosed in a sealed envelope. All proposals shall be submitted in sealed envelopes bearing on the outside the name of the Proposer, the name and RFP number, submission due date, and time. The District reserves the right to reject any proposal if any of the above information is not furnished. It is each Proposer’s sole responsibility to ensure their proposal is timely delivered and received at the designated location. The Pomona Unified School District is not responsible for proposals sent via U.S. Mail, UPS, and Federal Express or by any other delivery service. All proposals are due at the Front Desk of the Education Center by the posted or advertised closing date and time. It is the Proposers’ responsibility to ensure that their proposal is delivered to the Front Desk located on the first floor, at 800 South Garey Ave, Education Center, Pomona, CA 91766. The District will accept and not consider the sealed packets late as long as the time stamp at the Front Desk of the Education Center reads 10:00 A.M.

or earlier. The District will consider the sealed packets late once the time stamp reads 10:01 A.M.

PDT on May 30, 2025 or later. In accordance with Government Code section 53068 and Public Contract Code section 20112, any proposal received after the scheduled closing time for receipt of proposals shall be returned to the Proposer unopened.

If Proposer is submitting their proposal packet by mail (instead of in-person delivery), the sealed packet must reference the RFP number and project title AND must be addressed to:

Attn: Purchasing Department 800 S. Garey Avenue Pomona, CA 91766

It is still the Proposer’s responsibility to ensure that their proposal packets, if mailed, still arrive at the Purchasing Department at least one day prior to the proposal deadline.

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3. Questions from Proposers/Requests for Information. Proposers must submit these in writing in the form of a request for clarification or request for information (RFI). Each RFI shall be submitted using the link below:

https://forms.gle/5JKuFf4MndquLfTs5

All questions or comments regarding this RFP (except to inquire about the number of addenda issued) must be submitted using the link above no later than 4:00 P.M. PDT on Friday, May 16, 2025. Names, company names, contact info must be included when submitting questions in order to receive a response.

An email confirmation will be sent from Google upon successful submission of an RFI. If problems are encountered while submitting RFIs using the link, please contact Mina Young at (909) 397- 4800 ext. 23901.

Pomona Unified School District shall not be obligated to answer any questions received after the above-specified deadline or any questions submitted in a manner other than as instructed above.

A written response to RFIs which materially affects the proposers’ price will be made by Addendum issued by the Pomona Unified School District not less than seventy-two (72) hours prior to proposal opening.

4. Proposal Pricing. Proposal prices are to include labor, materials, training, and implementation.

5. Signature. The RFP must be signed in the name of the Proposer and must bear the signature in longhand of the person or persons duly authorized to sign the Proposal on behalf of the Proposer. The signatures of all persons shall be in longhand and in permanent blue ink.

Prices, wording, and notations must be in permanent blue ink or typewritten. (All documents identified in the Required Proposal Forms Section must be signed in permanent blue ink.) No photocopies of signatures are permitted. All required documents must be signed and submitted with permanent blue wet ink. The same applies for embossed documents executed by a surety company and/or a corporation. If an embossed seal is used, it must be an original (not photocopies of embossed paperwork). Responses which do not meet these specifications may be considered nonresponsive, thus resulting in rejection of the RFP. It is each Proposer’s obligations to fulfill these requirements.

6. Modifications. Changes in or additions to any of the Proposal documents, alternative Proposals, or any other modifications which are not specifically called for in the Proposal documents may result in the rejection of the Proposal as being nonresponsive. No oral, telephonic, facsimile, or electronic modification of any of the Proposal documents will be considered or accepted.

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7. Erasures, Inconsistent or Illegible Proposals. The Proposal submitted must not contain any erasures, interlineations, or other corrections unless each such correction is authenticated by affixing the initials of the person(s) signing the Proposal in the margin immediately adjacent to the correction. In the event of inconsistency between words and numbers in the Proposal, words shall control numbers. In the event that any Proposal is unintelligible, illegible or ambiguous, the District may reject such Proposal as being nonresponsive.

8. Examination of Proposal Documents. The District’s website version of the Proposal document is the controlling document. All other versions are copies. If a Proposer discovers any ambiguity or error such as a conflict, discrepancy, omission, or other error in the RFP, the proposer shall immediately notify the District in writing to the proposal point of contact in the form of a RFI as detailed in Section 3. At its own expense and prior to submitting its Proposal, each Proposer shall examine all Proposal documents; visit the sites and determine the local conditions which may in any way affect the performance of the work; familiarize itself with all federal, state and local laws, ordinances, rules, regulations and codes affecting the performance of the work, including the cost of permits and licenses required for the work; determine the character, quality, and quantities of the work to be performed and labor, software, materials, training, and implementation to be provided; and correlate its observations, investigations, and determinations with all requirements of the proposal. The District shall not be liable for any loss sustained by the successful Proposer resulting from any variance between the actual conditions and data given in the Proposal documents. Proposer agrees that the submission of a Proposal shall be incontrovertible evidence that the Proposer has complied with all the requirements of this provision of the Information for Proposers.

9. Withdrawal of Proposals. Any Proposal may be withdrawn, either personally or by written request signed by the Proposer, at any time prior to the scheduled closing time for receipt of Proposals. The Proposal security for a proposal withdrawn prior to the scheduled closing time for receipt of Proposals, in accordance with this paragraph, shall be returned. No Proposer may withdraw any proposal or have their security returned for a period of ninety (90) calendar days after the date set for receiving of Proposals.

10. Interpretation of Proposal Documents. If any Proposer is in doubt as to the true meaning of any part of the Proposal documents, or finds discrepancies in, or omissions from the Proposal documents, or has any questions related to the Proposal documents, the Proposer may request for an interpretation or correction thereof or answers to questions in writing from the proposal point of contact in the form of a RFI as detailed in Section 3. No requests shall be considered after the advertised timeline and outside of the RFI procedures. The Proposer submitting the written RFI shall be responsible for its prompt delivery. Any interpretation or correction of the Proposal documents and answers to questions will be made solely at District discretion and only by written addendum duly issued by the District, and a copy of such addendum will be made available/accessible through the District’s website to each proposer attending the highly recommended pre-bid meeting as well as any other interested parties. Proposer is responsible for ascertaining the disposition of all Addenda issued regardless of District notification and to acknowledge all Addenda in the submitted sealed response packet prior to the Proposal opening. No person is authorized to make any oral interpretation of any provision in the Proposal

RFP No. 20(24-25)ES 8 | P a g e documents, nor shall any oral interpretation of proposal documents be binding on the District. If there are discrepancies of any kind in the Proposal documents, the interpretation of the District shall prevail. SUBMITTAL OF A PROPOSAL WITHOUT A RFI SHALL BE INCONTROVERTIBLE

EVIDENCE THAT THE PROPOSER HAS DETERMINED THAT THE PROPOSAL DOCUMENTS ARE

ACCEPTABLE AND SUFFICIENT FOR RESPONDING AND COMPLETING THE WORK; THAT PROPOSER

IS CAPABLE OF READING, FOLLOWING AND COMPLETING THE WORK IN ACCORDANCE WITH THE

PROPOSAL DOCUMENTS; AND THAT PROPOSER AGREES THAT THE WORK CAN AND WILL BE

COMPLETED ACCORDING TO THE DISTRICT’S TIMELINES.

11. Proposers Interested in More Than One Proposal. No person, firm or corporation shall be allowed to make, or file, or be interested in more than one Proposal for the same work unless alternate proposals are specifically called for by the District. A person, firm, or corporation that has submitted a sub proposal to a Proposer, or that has quoted prices of materials to a Proposer, is not thereby disqualified from submitting a Proposal or quoting prices to other Proposers or submitting a proposal.

12. Award of Contract. Scopes A and B may each be awarded separately. The award of each contract, if made by the District, will be by the highest score based on the evaluation criteria (see page 31). The District reserves the right to reject any or all proposals, or to waive any irregularities or informalities in any Proposals or in the evaluation process. In the event an award of the contract is made to a Proposer, and such Proposer fails or refuses to execute the Agreement and provide the required documents within five (5) calendar days after the notice of award of the contract to Proposer, the District may award the contract to the next Proposer or reject all Proposals.

13. Protest. At the time of the submitted bid packet opening, Proposer may request to see the Designation of Subcontractor list (if applicable). Once the bid packet opening meeting has concluded, RFP results and other RFP documents may only be requested in writing, via email, to Ed Govea, Director of Purchasing (eduardo.govea@pusd.org).

A. Bid Protest Procedures: Any Proposer may file a bid protest. Only those Proposers who have actually submitted a Proposal on the Project shall have the right to file a bid protest. The protests must be received in writing by the District’s Purchasing Director no later than 5:00 p.m. at the conclusion of the third (3rd) business day following the date of the release of Proposal results. Untimely bid protests will not be reviewed by the District and will be returned to the Proposer. An e-mail address shall be provided by the Proposer and by filing the protest, protesting Proposer consents to receipt of e-mail notices for purposes of the bid protest and bid protest related questions and bid protest appeal, if applicable.

B. Content of Bid Protest: The bid protest must contain a complete statement of all grounds (both factual and legal) for the bid protest. The bid protest must contain all facts, with reference to the specific portion(s) of any document relied upon, and shall include copies of all documents referred to in the protest. Any grounds not set specifically forth in the bid protest are waived. The Proposer filing the bid protest must concurrently transmit a copy of the bid protest to the Proposer

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C. Resolution of Bid Protest: Once the bid protest is received, the apparent winning

Proposer will be notified of the protest and the evidence presented. If appropriate, the apparent winning Proposer will be given an opportunity to rebut the evidence and present evidence that the apparent winning Proposer should be allowed to perform the work. The District will issue a written decision within fifteen (15) business days of receipt of the bid protest, unless factors beyond the District’s reasonable control prevent such resolution. The District shall not be required to hold an administrative hearing to consider the protest, but may do so at the option of the District, or if otherwise legally required. The decision on the bid protest will state the reasons for the actions taken by the District and will be copied to all parties involved in the protest.

D. Appeal: If the protesting Proposer or the apparent winning Proposer is not satisfied with the decision, the matter may be appealed to the Assistant Superintendent, Chief Business Officer, or their designee, within three (3) business days after receipt of the District’s written decision on the bid protest.

The appeal must be in writing, set forth all factual and legal grounds for the Appeal, include reference to and copies of specific portions of all documents relied upon, and be sent via overnight registered mail with all accompanying information relied upon for the appeal and an e-mail address from which questions and responses may be provided to:

Business Services

800 South Garey Avenue Pomona, CA 91766

1. Appeal Review and Finality: The Assistant Superintendent, Chief

Business Officer, or their designee shall review the decision on the bid protest from the Purchasing Director and issue a written response to the appeal, or if appropriate, appoint a Hearing Officer to conduct a hearing and issue a written decision. The written decision of the Assistant Superintendent, Chief Business Officer, or the Hearing Officer shall be rendered within fifteen (15) business days and shall state the basis for the decision. The decision concerning the Appeal will be final and not subject to any further appeals.

2. Reservation of Rights to Proceed with Project Pending Appeal: The District reserves the right to proceed to award the project and commence pending the decision on the bid protest and any appeal. If there is state funding or an otherwise critical completion deadline, the District may choose to shorten the time limits set forth in the preceding paragraph if written notice is provided to the protesting Proposer. E-mailed notice with a written confirmation sent by First Class Mail shall be sufficient to constitute written notice. If there is no written response to a written notice shortening time, the District may proceed with the award.

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3. Waiver: The procedures and time limits set forth in this bid protest procedure are mandatory and are the proposer’s sole and exclusive remedy in the event of a bid protest. The Proposer’s failure to comply with any of this bid protest procedure shall constitute a waiver of any right to pursue a bid protest or in any way challenge the award, including but not limited to, any challenge pursuant to the California Public Contract Code, filing of a claim pursuant to the California Government Code, or filing of any other legal proceedings.

14. Agreement. The form of agreement, which the successful Proposer will be required to execute, is included in the Proposer documents and should be carefully examined by the Proposer. The agreement will be executed in two (2) original counterparts. The complete Agreement consists of the following but not limited to the Notice Calling for Proposals, Information for Proposers, Proposal Form, Noncollusion Declaration, Licenses, Tobacco Use Policy, Agreement, Workers Compensation Certificate, Drug-Free Workplace Certification, Notice Regarding Criminal Background Check, Certification by Supplier, General Conditions, Special Conditions, Bonds, Service Level Agreement (SLA), Master Service Agreement (MSA), Proposers Response, and all modifications, addenda and amendments thereto by this reference incorporated herein. All of the above documents are intended to be complementary so that any instructions or requirements called for in one and not mentioned in the other, or vice versa, are to be executed the same as if mentioned in all said documents. The intention of the documents is to include all labor, software, materials, training, and implementation for all items called for in the RFP.

15. Competency of Proposers. In selecting a Proposer as indicated in Section 12, in addition to the evaluation criteria, consideration will be given not only to the financial standing but also to the general competency of the Proposer for the performance of the contract. By submitting a Proposal, each Proposer acknowledges and agrees that the District, in determining the successful Proposer and its eligibility for the award, may consider the Proposer’s experience and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, and other factors which could affect the Proposer’s performance of the contract, in addition to the evaluation criteria. The District may also consider the qualifications and experience of subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for those portions of the work.

Operating costs, maintenance considerations, performance data and guarantees of materials and equipment may also be considered by the District. In this regard, the District may conduct such investigations as the District deems necessary to assist in the evaluation of any Proposal and to establish the responsibility, qualifications and financial ability of the Proposer, proposed subcontractors, and other persons and organizations to do the work to the District’s satisfaction within the prescribed time. The District reserves the right to reject the Proposal of any Proposer which, in its sole discretion, does not pass any such evaluation to the satisfaction of the District.

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16. Insurance and Workers’ Compensation. The successful Proposer shall be required to furnish certificates and endorsements evidencing that the required insurance is in effect as set forth in the Agreement. The District may request that such certificates and endorsements be completed on District provided forms. In accordance with the provisions of Section 3700 of the Labor Code, the successful Proposer shall secure the payment of compensation to all employees.

The successful Proposer who has been awarded the contract shall sign and file with the District prior to performing the work, the Workers’ Compensation Certificate included as a part of the proposal documents pursuant to Labor Code section 1861.

17. Anti-Discrimination. In connection with all work performed under this RFP, there shall be no unlawful discrimination against any prospective or active employee engaged in the work because of actual or perceived race, color, ancestry, national origin, religious creed, sex, age, marital status, physical disability, mental disability, medical condition, or any other protected class. The successful Proposer agrees to comply with applicable federal and state laws including, but not limited to, the California Fair Employment and Housing Act, beginning with Government Code section 12900 and Labor Code section 1735. In addition, the successful Proposer agrees to require like compliance by any subcontractors of such proposer.

18. Hold Harmless/Indemnification and Insurance. The successful Proposer awarded the contract will be required to defend, indemnify and hold harmless the District, its Governing Board, officers, agents, and employees as set forth in the Agreement and provide the required insurance as set forth in the Agreement.

19. Deviations from Proposal Terms and Conditions. Substitutions or deviations from any proposal term or condition, if they are accepted and approved by the District, must be outlined in the proposal submission. Items which are not listed as exceptions or deviations will not be considered by the District. Only substitutions, deviations and exceptions approved by the District in writing may be utilized.

20. Warranty/ Quality. Proposer warrants that all products, services, and workmanship shall be free from defects and be suitable for the use stated in the Proposal documents. District shall give Proposer written notice after discovery of any defective product, inadequate service, or workmanship. Proposer shall correct any such deficiencies in service, defective product, and provide replacement, or reimbursement, at its sole expense, in a manner and timely requested by the District. In the event of failure of Proposer to commence and pursue with diligence said replacement within fourteen (14) calendar days after being notified in writing, the District is hereby authorized to proceed to have the defective product or deficient service replaced or repaired at expense of Proposer who hereby agrees to pay costs and charges therefore immediately on demand. If, in the opinion of the District, defective product or deficient service creates a dangerous condition or requires immediate correction or attention, the written notice and timeline requirement may be waived provided that the District attempts to give the written notice within a reasonable time as determined by the District. If the Proposer cannot be contacted or if the Proposer fails to comply with the District’s requirements for correction within a reasonable time as determined by the District, the District may, notwithstanding the provisions

RFP No. 20(24-25)ES 12 | P a g e of this section, proceed to make such correction and the costs of such correction shall be charged against the Proposer. Such action by the District will not relieve the Proposer of the warranties provided in this section or elsewhere in the Proposal documents. Nothing herein shall limit any other rights or remedies available to District. The District may collect its reasonable costs and attorneys’ fees in any action to enforce this section.

21. Drug-Free Workplace Certification. Pursuant to Government Code section 8350 et seq., the successful Proposer will be required to execute a Drug-Free Workplace Certification upon execution of the Agreement. The Proposer will be required to take positive measures outlined in the certification in order to ensure the presence of a drug-free workplace. Failure to abide with the conditions set forth in the Drug-Free Workplace Act could result in penalties including termination of the Agreement or suspension of payment thereunder.

22. Noncollusion Declaration. In accordance with the provisions of Section 7106 of the Public Contract Code, each Proposal must be accompanied by a Noncollusion Declaration.

23. Tobacco Use Policy. Proposer has been advised and is aware that District has adopted a Board Policy which prohibits the use of tobacco products, including smokeless tobacco, anywhere on District property. Proposer shall be responsible for the enforcement of District’s tobacco-free policy among all Proposer’s employees and subcontractors while on District property. Proposer understands and agrees that should any employee or subcontractor of Proposer violate the District’s Board Policy after having already been warned once for violating District’s tobacco-free policy, Proposer shall remove the individual for the duration of the Agreement. Proposer shall not be entitled to any additional compensation and/or time in completing the work for such removal.

24. Criminal Records Check. The successful Proposer will be required to comply with the applicable requirements of Education Code section 45125.1 and District Board Policy and Administrative Regulation with respect to fingerprinting of employees and must complete the District’s Criminal Records Check Certification.

25. References. Except as otherwise specifically stated in this RFP, Proposer shall list a minimum of three (3) references where Proposer has successfully provided the similar type(s) of good and services to another large school district or public agency at the similar size and scope as Pomona Unified School District. All references shall include full district/agency name, address, phone number, management contact, and description of work completed. District reserves the right to contact all references. Failure by Proposer to provide sufficient references with its Proposal submission may result in rejection of Proposal by District as nonresponsive. The District reserves the right to obtain from any or all sources, information concerning Proposers which the District deems pertinent and to consider such information in evaluating the Proposer’s submission.

26. Permits, Licenses, and Certifications. Each Proposer shall list all licenses, permits, certifications, and similar authorizations as are required by law or as otherwise will be necessary for the Proposer to undertake and complete the Project in accordance with the Proposal documents. The successful Proposer and all subcontractors, employees or and agents shall secure and maintain in force such permits and, licenses and certifications as are required by law

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27. COVID-19 Additional Requirements. The successful Proposer is responsible for complying with all applicable and existing federal, state, and/or local statutes, orders, rules, regulations, ordinances, and/or directives relating to staff and student safety in connection with COVID-19, and/or any similar virus or derivative strain. Proposer shall ensure its staff is trained and knowledgeable of all of these requirements to ensure full compliance. The Proposer is responsible for providing all training, materials, and supplies to its staff at its sole expense. During the COVID-19 Pandemic, the capacity of each vehicle may change based on applicable and existing federal, state, and/or local statutes, orders, rules, regulations, ordinances, and/or directives relating to staff and student safety.

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DEFINITIONS

In all RFP Documents including the Sample Services Agreement, the following terms are defined as follows:

1. “Best Value” means the method by which a contract, if any, is awarded, in accordance with applicable laws, rules, and regulations. Best Value includes multiple parameters, including experience, references, quality of successful Proposer’s product(s) and/or services, and price.

2. “Contract” means an agreement entered into between the District and the successful Proposer as a result of this RFP. The Contract consists of the Request for Proposals, including all Addenda, successful Proposer’s Proposal that is satisfactory to the District, and the District’s Contract form(s), which may include, but are not limited to, a written Contract, an agreement letter, or a purchase order.

3. “Contractor,” “Provider,” or “Successful Bidder” mean the party to whom a Contract is awarded pursuant to this RFP after submittal of a successful Proposal/Bid.

4. “Project” or “Work” mean the Scope of Work for furnishing goods and services as outlined in this RFP.

5. “Proposal or Bid” refers to the documents submitted by a successful Proposer that addresses the scope and requirements of this RFP.

6. Proposer/Bidder” refers to the person(s)/entity(ies) that submits the Proposal to this RFP.

7. “RFP” refers to this Request for Proposals.

Note: Singular terms shall include the plural and vice versa. A gender reference includes both genders.

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GENERAL CONDITIONS

1. NO MAXIMUM OR MINIMUM QUANTITIES. The District does not guarantee that a minimum or maximum amount of products or services will be purchased. District will not consider a Proposal to be responsive to this solicitation if a minimum quantity purchase is required by the Proposer.

2. AGREEMENT. The form of agreement for the RFP (“Services Agreement”), which the successful Proposer, as a contractor, will be required to execute is included in and form a part of this section and the contract documents. The Proposer must confirm it will execute the Sample Services Agreement, as provided herein, without revision or state, in clear terms, any changes or exceptions it proposes to the Sample Services Agreement for the District’s consideration. District, at its sole discretion, shall determine if the proposed changes and/or exceptions are acceptable during the proposal assessment process. The District may not accept a different form Contract or different terms and conditions. The terms outlined in this RFP shall supersede all other terms and conditions proposed.

3. PRICING. Pricing shall be as set forth in the price sheets as indicated in the Proposal submission section.

4. TERM OF AGREEMENT. The term of the Agreement is one (1) year. The Agreement may be extended upon mutual written consent of District and successful Proposer for an additional four (4) one-year periods. Price increases may be negotiated at the time of renewal however any price increase shall be at the sole discretion of the District. The maximum term of the Agreement is five (5) years. In the event Proposer requests to increase service rates, Proposer shall provide District with a written proposal on or before last day of April, of each year the Agreement is in force. The basis for such adjustments shall not exceed the percentage of change in the Consumer Price Index, (CPI) for the period July 1 through June 30, of the then current year. After substantial evidence of an operational cost increase (or decrease) has been presented and analyzed, District may make adjustments as deemed by District to be reasonable and fair. The adjusted rate shall be effective the first day of school of the following year. Any such adjustment shall not result in an increase greater than five percent (5%) annually.

5. NOTICE OF THIRD-PARTY CLAIMS. Pursuant to Public Contract Code Section 9201, the District shall provide the successful Proposer with timely notification of the receipt of any third-party claim, relating to the Agreement. The District is entitled to recover its reasonable costs incurred in providing such notification.

6. MANUFACTURER/AUTHORIZED RESELLER/DISTRIBUTOR. Where applicable, Proposers must be either manufacturers or factory authorized resellers/distributors/installers for brands included in their Proposals and must be able to show proof of such authorization. The manufacturer’s letter(s) shall indicate authorization to market, sell, distribute, warrant, install, or

RFP No. 20(24-25)ES 16 | P a g e supply, as appropriate, any product or service offered by the manufacturer through the Proposer named in the Proposal documents.

7. DISPUTES. In the event of a dispute between the parties as to performance of the work, the interpretation of this Agreement or payment or nonpayment for work performed or not performed, the parties shall attempt to resolve the dispute informally. Pending resolution of the dispute, successful Proposer agrees to continue the work diligently to completion. If the dispute is not resolved at the informal level, successful Proposer agrees it will neither rescind the Agreement nor stop the progress of the work, but successful Proposer’s sole remedy shall be to submit such controversy to determination by a court of the State of California, in Los Angeles County, having competent jurisdiction of the dispute, after the work has been completed, and not before. Successful Proposer agrees to submit to the personal jurisdiction of such court.

8. NO WAIVER. The failure of the District in any one or more instances to insist upon strict performance of any of the terms of this Agreement or to exercise any option herein conferred shall not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon any such terms or option on any future occasion.

9. NO ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, subcontract, or otherwise dispose of this Agreement or of its rights, title or interest in or to the same or any part thereof. If the successful Proposer assigns, transfers, conveys, subcontracts, or otherwise disposes of the Agreement or its right, title or interest therein, or any part thereof, such attempted or purported assignment, transfer, conveyance, subcontract, or other disposition shall be null, void and of no legal effect whatsoever; and the Agreement may, at the option of the District, be terminated, revoked and annulled, and the District shall thereupon be relieved and discharged from any and all liability and obligations growing out of the same to the Proposer, and to its purported assignee or transferee.

10. DELAY DUE TO UNFORESEEN OBSTACLES. All loss and damage arising from any unforeseen obstacle or difficulties which may be encountered in the prosecution of the work, or from any action of the elements, or from any act or omission not authorized by these specifications, on the part of the Provider, or any agent or person employed by said Provider, shall be sustained by the Provider. The Provider shall have no claim against the District for damages on account of any delays caused.

11. INDEPENDENT STATUS. While engaged in carrying out and complying with the terms and conditions of the Agreement, the successful Proposer shall be deemed as an independent entity and not an officer, agent, or employee of the District. Successful Proposer shall be responsible for its own Workers’ Compensation Insurance and other required insurance policies, taxes, and other similar charges or obligations. Successful Proposer shall be liable for its own actions and

RFP No. 20(24-25)ES 17 | P a g e omissions, including its negligence and gross negligence, and shall be liable for the acts, omissions, or errors of its employees, agents, officers, trustees, or representatives.

12. GOVERNING LAW. The laws of the State of California and the County of Los Angeles shall govern all aspects of the Proposal.

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SPECIAL CONDITIONS

The following are Additional Terms and Conditions for the work to be performed as outlined in the Scope of Work.

1. THE WORK. It is understood that, except as otherwise specifically stated in this RFP, Service Provider shall provide and pay for all materials, labor, tools, equipment, transportation, temporary construction of every nature and all other services and facilities of every nature whatsoever, necessary to execute, complete and deliver the work within the specified time. Licenses necessary for the execution of the work shall be secured and paid for by the Service Provider. This would include all pole rights and other right-of-way needed for fiber services obtained through local utilities. Any work necessary to be performed after regular working hours, on weekends or legal holidays, shall be performed without additional expense to the District, unless the weekend or holiday work is due to a delay caused by the District. The Service Provider will be fully responsible for securing all required right- of-ways, construction permits and cross connects required to complete this project.

2. THE SERVICE PROVIDERS’ REPRESENTATIVE. The District reserves the right, with sole discretion, to refuse to allow any representative of the Service Provider to service the contract in any manner. In such event, the Service Provider shall furnish another representative that is acceptable to the District. Examples of reasons for refusing to allow a Service Provider representative to service the contract include, but are not limited to: (i) Use of profanity or abusive language around any school personnel or students. (ii) Unclean or unkempt appearance.

(iii) Intoxication or obvious drug use. (iv)Threatening behavior towards any school personnel or students. Should the Service Provider use subcontractors for portions of the work, the District reserves the right to reject any subcontractor without explanations or recourse by The Service Provider or subcontractor.

3. THE DISTRICT REGULATIONS. The Service Provider and their representatives shall follow all applicable District Board Policies and Administrative Regulations while on District property, including the no smoking, no weapons, and drug free policies. No work shall interfere with school activities or environment unless the District gives written permission. All Service Provider personnel shall be easily identified by the use of identification badges and uniforms or shirts with Service Provider’s logo clearly visible.

4. DATA SHARING. The District and Service Provider may need to share student data for the purposes of determining program impact. In the event the Service Provider or District need to share student data a Standard Student Data Privacy Agreement (“SDPA”) will be required in conjunction with the Agreement. The District may decline to comply with a request in part at its discretion if it determines that providing the data element requested would not be in the best interest of current or former students in District schools. All request for student data must be approved by the District.

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5. CONFIDENTIAL STUDENT INFORMATION. To the extent, in connection with the

RFP, the Service Provider accesses, obtains, stores, uses, or discloses any protected and confidential student information within the scope of student privacy laws including but not limited to those listed below (regardless of whether inadvertently, accidentally, purposefully, or otherwise), then, without limiting anything else in the Agreement, the successful proposer shall comply with any and all applicable requirements of such student privacy laws and its implementing regulations.

a. Family Educational Rights and Privacy Act. (“FERPA”) as set forth in 20 U.S.C.

Section 1232g and 34 CFR Part 99.

b. The Children Online Privacy Protection Act (“COPPA”) as set forth in 15 U.S.

5601.

c. Student Online Personal Information Protection Act (“SOPIPA”) or SB 1177 as set forth in California Business & Professional Code section 22584 et seq.

d. Protection of Pupil Rights Act (“PPRA”) as set forth in 20 U.S.C. 1232(h);

e. California Education Code section 49073 et sq.

f. Health Insurance Portability and Accountability Act. The Health Insurance

Portability and Accountability Act, Public Law 104-191 (“HIPAA”) and the federal regulations that implement HIPAA.

g. Health Information Technology for Economic and Clinical Health Act of 2009, Public Law 111-0005 (“HITECH”) and the federal regulations that implement HITECH, address concerns associated with electronic transmission of health information and establishes penalties for violations.

h. Proposer’s Obligations. Except as provided in Subsection i., the successful Proposer and its staff shall keep confidential and not disclose to any other person or entity any of the Confidential Student Information that the Consultant or any of its staff obtain or discover during or as a consequence of operating the Services. For purposes of the Agreement:

i. “Confidential Student Information” means any and all information concerning a student governed by applicable student data privacy protection laws including those listed above, including, but not limited to, the identity, condition, family members, home address, participation in programs, or other “personally identifiable information” of or relating to District Students enrolled in the successful Proposer’s programs that is maintained by or provided to, learned by, or inferred by the successful Proposer or any of the successful Proposer’s staff, including, without limitation, any information volunteered by a District Student or the student’s parent or legal guardian; and

ii. “Personally identifiable information” means any information (in whatever form or format) that: (1) can be used to distinguish or trace an individual’s identity, such as name, social security number, personal identification number, student identification number, date and place of birth, mother’s maiden name, street address, email address, internet

RFP No. 20(24-25)ES 20 | P a g e protocol address, telephone number, photograph, and fingerprints or other biometric information; or (2) is linked or linkable to an individual, such as medical, educational, financial and employment information, race, religion, and activities.

i. Required Disclosure. The Proposer shall give written notice to the District immediately upon becoming aware that any subpoena, order, demand, or other process seeking or requiring disclosure or release of any Confidential Student Information is being sought or has been issued. In each such event, the District shall be permitted to intervene for purposes of attempting to stop or limit the disclosure of Confidential Student Information. Notwithstanding Subsection c. herein, the Proposer may disclose Confidential Student Information if, but only if, a court or other governmental entity with competent jurisdiction has ordered that the information be disclosed or authorized a subpoena seeking disclosure of the information. In such event, disclosure shall be limited solely to the scope of disclosure ordered by the court or other governmental entity.

j. Disclosure to District. Notwithstanding anything else in this Section, and upon request of the District from time to time, the successful Proposer shall provide to the District full and unaltered copies of any or all of the Confidential Student Information possessed by the successful Proposer or any of its staff.

k. Applicability to all Staff. The successful Proposer shall ensure that all their respective staff also comply with the requirements of this Section.

6. THE DISTRICT RESERVES THE RIGHT TO: Give full and proper consideration to the service, reputation, product knowledge, and experience of all Proposers, and to disqualify any such Proposers it deems unqualified to provide the services requested. Reject any and all Proposals if deemed necessary. Accept any alternative Proposal believed to be in the best interest of the District. Accept or waive any minor irregularity in the Proposal.