3-RFP 240-26-0 Classroom and Instructional Supplies.pdf

PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL #240-26-0

Classroom and Instructional Supplies

Issued by:

Daniel Carmona

Purchasing Department 1201 Bryce Drive

Mission, TX 78572 Phone: (956) 323-5524 URL: www.mcisd.net

Email: dcarmo01@mcisd.org

Submittal Deadline:

September 11, 2025, at 2:00 PM (CT)

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TABLE OF CONTENTS

Items below represent components which comprise this bid/proposal package. Proposers are asked to review the package to be sure that all applicable parts are included. If any portion of the package is missing, please notify Daniel Carmona immediately.

Section Page

1.0 Notice of Intention

2.0 Proposal Requirements

3.0 Instructions to Proposers

4.0 Scope & Specifications

5.0 Evaluation & Award of Proposals

6.0 Financial Offer & Questionnaire

7.0 General Terms & Conditions

1.0 - Notice of Intention

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SECTION 1.0 – NOTICE OF INTENTION

The Purchasing Department of Mission Consolidated Independent School District (“District” or “Mission CISD”) is conducting this procurement to establish a contract for goods and/or services. The term of the prospective contract resulting from this solicitation is a period of one (1) year (“Initial Term”). The District may elect, with mutual agreement of the awarded vendor, to extend any contract awarded pursuant to this procurement solicitation for up to two (2) additional one-year terms (individually, a “Renewal Term”).

The maximum duration of any contract resulting from this procurement solicitation is a total of three (3) years, running from the date of execution of the contract by the authorized representative of the District.

No contract shall be executed until it has been reviewed and approved by the District’s Board of Trustees, Superintendent, Assistant Superintendent for Finance, or their designee. This contract can be accessed on an “as needed” basis from a list of contracts that have been competitively bid and awarded to qualified, high-performance vendors based on the selection criteria set forth herein. Respondents to this solicitation (“Proposer” or “Proposers”) are requested to submit a proposal offering their total line of available products and services that are commonly purchased by government entities, school districts, and other public, not-for-profit agencies and organizations.

Product(s) considered for award shall equal or exceed the technical, environmental, and performance standards and specifications as defined within this Request for Proposal (“RFP”) and further described in the scope and specification section.

The good(s) or service(s) to be purchased under the awarded contract, if any, may be of indefinite delivery and indefinite quantity (IDIQ).

2.0 - Proposal Requirements

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SECTION 2.0 – PROPOSAL REQUIREMENTS

Please read carefully this entire proposal document and specifications. Complete all forms and submit your bid with all appropriate attachments.

2.1 Request for Proposals (RFP) Documents

The District Purchasing Department documents are made available online via the Mission CISD eBid System to anyone who wishes to submit a proposal. However, it is the responsibility of the Proposer submitting a proposal to make certain that Mission CISD’s Purchasing Department has the appropriate company name, authorized representatives, and contact information on file for the purpose of receiving notices, changes, addenda, or other critical information.

The Mission CISD eBid System’s website is https://mcisd.bonfirehub.com/

2.2 Tentative Time Table

Mission CISD anticipates following the timetable listed below for this job:

Item Activity Date & Time

1 Solicitation begins August 27, 2025, at 8:00 AM

2 Public advertisement August 27th and September 3rd

3 Deadline for questions September 4, 2025, at 2:00 PM

4 Addenda (if any) September 8, 2025, at 2:00 PM

Deadline for submission of proposals (See Part 4 – Instructions to Proposers – for detailed submission requirements)

September 11, 2025, at 2:00 PM

6 Award Date October Board Meeting

The table above is only an estimate and may vary.

2.3 Procurement Method

Mission CISD maintains and uses documented procedures for procurement transactions under a Federal award or subaward, including for the acquisition of property or services. Mission CISD’s documented procurement procedures are consistent with State, local, and tribal laws and regulations and standards identified in §§ 200.317 through 200.327 of subpart D—Post Federal Award Requirements.

Mission CISD utilizes the Request for Proposals (RFP) method of procurement in accordance with Texas Education Code Section 44.031(3), Purchasing Contracts, and Request for Proposals for services other than construction services.

For information regarding the proposal process, contact Daniel Carmona of the Purchasing Department at Error! Reference source not found.5524.

2.4 Requirements for Return of Proposal Responses

Proposers must submit proposals electronically using the Mission CISD eBid System by the established deadline of Thursday, September 11, 2025, at 2:00 PM. Please refer to the “Instructions to Proposers” section to ensure that you submit all required information.

The Mission CISD eBid System does not accept responses after the due date and time. Please note that if you begin responding to the bid request and do not click “submit” by the time the RFP is scheduled to close, your bid will not have been submitted.

2.0 - Proposal Requirements

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2.5 Rights Reserved by Mission CISD and Restrictions on RFP Process

a) Mission CISD reserves the right to cancel this solicitation in whole or in part by issuance of a revised or amended Request for Proposals.

b) Mission CISD further reserves the right to award one or more contracts, in part or in whole, to a single or to multiple prospective vendors or Proposers. The decision to award multiple contracts, award only one contract, or make no awards rests solely with Mission CISD. Mission CISD may make multiple awards, and this fact should be taken into consideration by each Proposer.

c) Mission CISD assumes no financial responsibility for any costs incurred by prospective vendors in developing and submitting a proposal or any amendments or addenda, participating in bid conferences, participating in any negotiation sessions or discussions, or any other costs incurred by Proposers prior to award of a contract pursuant to this RFP.

d) Mission CISD reserves the right to reject any and/or all proposals, to award contracts for individual products or services as may appear advantageous, and to negotiate separately in any manner necessary to serve the best interests of the District. Mission CISD further reserves the right to accept, reject, or negotiate modifications in any terms of a proposed vendor’s proposal or any parts thereof. Mission CISD further reserves the right to waive any formalities or technicalities if deemed in the best interest of the District. Mission CISD also reserves the right as the sole judge of quality and equality.

2.6 Questions and Clarification

a) Questions regarding the requirements specified in this solicitation may be sent through the Mission CISD eBid System no less than five (5) business days before the proposals are due.

b) Mission CISD will not answer verbal questions; any responses to a prospective vendor’s questions will be posted on the Mission CISD eBid System.

c) Mission CISD may seek additional information that may require a response from the Proposer within 24 hours of the request.

3.0 - Instructions to Proposers

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SECTION 3.0 – INSTRUCTIONS TO PROPOSERS

This portion of the RFP includes instructions on the format that Proposers must follow in preparing and submitting their proposals. It further identifies how questions can be raised and will be addressed.

3.1 Compliance with Specifications

Proposers are required to respond to all requests identified in this RFP and indicate their acceptance or objection to the terms of the RFP and the terms of the Agreement. Any exceptions to the terms and conditions in the RFP or the Agreement must be clearly indicated in the Proposer's Note to Buyer section of the submitted proposal form. Each Proposer, by making its proposal, represents that the Proposer has read and understands the RFP and the Agreement.

3.2 Required Proposal Format

All Proposers are required to respond to this RFP using the Mission CISD eBid System. The forms included in the attachment Vendor Packet must be completed, signed, scanned, and attached under “Vendor Response Attachments” in the eBid System. Please ensure that you respond to all Bid Attributes and Line Items in this Request for Proposal.

3.3 General Corporate Information

Please include the following information in the "General Corporate Information" section of Attachment B.

Describe the company’s official registered name and its principals.

Provide a brief history of the company, including the year it was established.

Provide the company’s organizational chart.

Provide the company’s Dun & Bradstreet (D&B) number.

Provide a description of the company’s relevant market and the company’s position within it.

State whether the Proposer or the Proposers' ultimate parent company or majority owner:

(A) has its principal place of business in this state; or (B) employs at least 500 persons in this state.

Proposer agrees to provide Mission CISD with the following financial information if requested by Mission CISD at any point during the procurement process, including before or after contract award: If public, the Proposers income statement, balance sheet, and cash flow for the past three (3) years; if private, the Proposers audited financial statements for the past two years (if available). A Proposer's failure to provide this financial information may impact the Mission CISD Administration’s recommendation to the Mission CISD Board of Trustees for the award of the contract.

3.4 References

Please provide at least three (3) references from governmental entities, preferably school districts, that have purchased services, products, or related items from you within the last three (3) years.

3.5 Addendum

Any interpretations, corrections, additions, or changes to this RFP will be communicated to Proposers by the issuance of an addendum. It is the responsibility of the Proposer, prior to submitting the proposal, to determine whether an addendum was issued. All Proposers shall comply with the requirements specified in any addendum issued by Mission CISD.

3.6 Disqualification

A Proposer may be disqualified before or after the proposals are opened, upon evidence of collusion with the intent to defraud, or evidence of intent to perform other illegal activities for the purpose of obtaining an unfair competitive advantage.

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3.7 Environmental Initiatives

Mission CISD is committed to reducing waste and promoting energy conservation. Toward that end, Proposers responding to this solicitation are encouraged to provide their company’s environmental policy and green initiative.

3.8 Interpretation

This solicitation represents the basis for any award and supersedes all prior offers, negotiations, exceptions, and understandings (whether orally or in writing). Submitted proposals should be self-explanatory and should not require any clarification or additional information.

3.9 No Return of Proposals; Withdrawal of Proposals

Once submitted, Mission CISD will not return proposals to Proposers. A proposal that has been submitted via Mission CISD’s eBid System may be withdrawn prior to the deadline for submission of proposals.

3.10 Non-Collusion Statement

Proposers are required to certify a Non-Collusive Statement. Proposers are required to state the party submitting a proposal or bid, that such proposal or bid is genuine and not collusive or sham; that Proposer has not colluded, conspired, connived or agreed, directly or indirectly, with an entity or person, to put in a sham proposal or bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the proposal price or of any other Proposer, or to fix any overhead, profit or cost element of said proposal price, or of that of any other Proposer, or to secure any advantage against Mission CISD or any person interested in the proposed contract, and that all statements in said proposal or bid are true.

3.11 Use by Other Entities; Assessment of Mission CISD Plus Administrative Fee Pursuant to applicable law, including the Interlocal Cooperation Act Chapter 791 of the Texas Government Code), Mission CISD may permit other governmental entities to “piggy-back” onto an existing contract between Mission CISD and Vendor entered into as a result of this RFP. In the event that the Vendor’s proposal becomes an awarded Agreement, the Vendor’s proposal, including pricing information, may be provided to a requesting governmental entity desiring to establish separate, independent contracts with the Vendor. Vendor expressly agrees that Mission CISD may disclose Vendor’s proposal, including, but not limited to, pricing information, to other governmental entities. Governmental entities are authorized to enter into separate, independent contracts with a Vendor that employ the same negotiated terms and conditions contained in an existing contract(s) between Mission CISD and the Vendor. However, there is no obligation on either party to participate unless both parties agree. If another governmental entity chooses to utilize a contract established by this procurement solicitation and subsequent Agreement, contracts will be awarded individually by those governmental entities, and goods/services would be provided under the same contract pricing and purchasing terms established by this procurement solicitation. Any such separate, independent contract developed as a result of this procurement solicitation and/or the Agreement is exclusively between such other governmental entity and Vendor and shall have no effect or impact on Mission CISD or Mission CISD’s contract with Vendor. It is expressly understood that Mission CISD shall in no way be liable for the obligations of any other governmental entity contracting with Vendor pursuant to this section.

3.12 Preferences

Mission CISD may apply applicable preferences for Texas resident Proposers in the event of a tie bid. Preferences must be explicitly claimed by the Proposer and may not be applicable in procurements and/or contracts involving federal funds unless the procurement and/or contract involves unprocessed locally grown or locally raised agricultural products for use by Mission CISD in a Child Nutrition Program. See Texas Government Code §§ 2252.001 - .004.

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3.13 Responsible Vendor

A responsible vendor is a vendor who has adequate financial resources (or the ability to obtain such resources), can comply with the delivery requirements, and is a qualified and established firm regularly engaged in the type of business that provides the items listed herein.

3.14 Responsive Proposal

Proposals shall be deemed responsive if they comply with all material and administrative aspects of this solicitation.

3.15 Similar Products

Whenever an article or material is defined by Mission CISD in this solicitation by describing a proprietary product or by using the name of a manufacturer or brand name, the term “or equal”, if not inserted, shall be implied (as applicable). The specified article or material shall be understood as indicating type, function, minimum standard of design, efficiency, and quality desired and shall not be construed as to exclude other manufactured products or comparable quality, design, and efficiency (as applicable).

3.16 Mission CISD is tax-exempt

Mission CISD is tax-exempt. Proposal prices should not include taxes.

3.17 Sole Source

In order to become a Sole Source Vendor, a Proposer must meet the requirements of Texas Education Code § 44.031 (j) Sole Source, as described below.

Selected purchases may be exempt from competitive procurement if they meet the established criteria for a sole-source purchase:

Identification and confirmation that competition in providing the item or product to be purchased is precluded by the existence of a patent, copyright, secret process, or monopoly

Identification and confirmation that the product is a film, manuscript, book, utility service (including electricity, gas, or water), or a captive replacement part or component for equipment

Sole source does not apply to mainframe data-processing equipment and peripheral attachments with a single item purchase price in excess of $15,000.

It is incumbent upon the District to obtain and retain documents from the Proposer which clearly delineate the reasons that qualify the purchase to be made on a sole-source basis. In order to do business with Mission CISD as a sole-source vendor, Mission CISD must receive a notarized Sole Source Affidavit along with proof of your company qualifying as a sole source.

Please mail this information to:

Mission Consolidated Independent School District Attn: Purchasing Coordinator 1201 Bryce Drive Mission, Texas 78752-4919

Mission CISD reserves the right to decide if your company is a qualified sole-source vendor.

3.18 Conflict of Interest

CIQ Form – must be filled out and attached along with the Vendor Packet to the Response Attachment section of the Mission CISD eBid System – See Attachment A – Vendor Packet

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EDGAR Conflict of Interest Requirements In accordance with federal EDGAR requirements, 2 CFR § 200.318(c)(1), no employee, officer, agent, or board member with a real or apparent conflict of interest may participate in the selection, award, or administration of a contract supported by the federal award. A conflict of interest includes when the employee, officer, agent, board member, or any member of their immediate family, their partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from an entity considered for a contract.

An employee, officer, agent, or board member of Mission CISD may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors. However, through Mission CISD’s written procedures, Mission CISD has set a de minimis amount of less than $50 per year for items that are unsolicited and of minimal value and promotional items.

Violations of this standard by an employee will be reported to the Superintendent’s Office and addressed through Mission CISD’s personnel policies. Violations of this standard by an officer or the Superintendent shall be addressed to the Board President and addressed through Mission CISD Board policies.

3.19 Certificate of Interested Parties

Form 1295 – must be filled out electronically with the Texas Ethics Commission’s online filing application, signed, and attached to the Response Attachment section of the Mission CISD eBid System – See Attachment A – Vendor Packet

4.0 - Scope & Specifications

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SECTION 4.0 – SCOPE & SPECIFICATIONS

4.1 Request for Proposals Defined

The intention of this Request for Proposals (RFP) is to solicit proposals for Classroom and Instructional Supplies

Mission CISD is utilizing the Request for Proposals (RFP) method for the procurement of this service in accordance with Texas Education Code Section 44.031, Purchasing of Contracts, Item (3) Request for Proposals.

For information regarding the proposal process, contact Daniel Carmona of the Purchasing Department at Error! Reference source not found.5524.

Interested Proposers should respond to this RFP and submit proposals online at the Mission CISD eBid System site. This site can be accessed by logging into https://mcisd.bonfirehub.com/

4.2 Scope of Services

Mission CISD is requesting proposals from qualified vendors to supply classroom and instructional supplies for all campuses and departments within the district, offering a wide variety of educational resources at competitive prices.

The awarded vendor(s) shall provide, but not be limited to, the following:

General classroom supplies (e.g., pens, pencils, markers, scissors, folders, paper, etc.)

Instructional materials (e.g., charts, posters, manipulatives, learning aids) Art supplies Teaching tools and aids Organizational and storage materials Other educational resources as requested by the district

4.3 Specifications

It is the intention of Mission CISD to establish one or more contracts or catalog discount pricing agreements with highly qualified Vendor(s) for Classroom and Instructional Supplies. Vendor(s) shall, at the request of Mission CISD, provide these products and/or covered services under the terms of this RFP and the Contract set forth in Section 7.0 Contract Terms and Conditions.

4.4 Proposal Submission Requirements

1. Vendor Packet – Attachment A

2. Proposal Form – Attachment B

3. Price Structure – Bid Table or Price List

5.0 - Evaluation & Award of Proposals

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SECTION 5.0 – EVALUATION & AWARD OF PROPOSALS

In accordance with applicable laws, rules, and regulations for public purchasing, award(s) will be made to the responsible Proposer(s) whose proposal(s) is/are determined, after evaluation by the Mission CISD Procurement Department, to be the best value to Mission CISD. To qualify for evaluation, a proposal must have been submitted on time and must materially satisfy all mandatory requirements identified in this document.

5.1 Evaluation Criteria

A committee selected by Mission CISD will review and evaluate all proposals and make a recommendation to the Mission CISD Board of Trustees. Mission CISD represents that it has considered each of the criteria in Texas Education Code § 44.031(b), thereby fulfilling Section 44.031(b)’s requirement that it “shall consider” the criteria listed in 44.031(b); in accordance with Module 5 of the TEA FASRG and applicable federal laws, Mission CISD has determined which criteria should be considered most important and has assigned weights/points to each criterion based on its importance. Mission CISD will base a recommendation for contract award on the following factors, in accordance with Texas Education Code § 44.031:

Evaluation Criteria Point Value

1. Price 35

2. Reputation of Vendor and Vendor’s goods and/or services 20

3. Quality of Vendor’s goods and services 25

4. Extent to which the goods or services meet the district's needs 10

5. Vendor’s past relationship with the district 5

6. Other – Completeness of Proposal 5

Total Points 100

5.2 Awards

Awards will be made to the successful Proposer(s) for the total line of products and services submitted.

Awards will be based on the criteria set forth within this document. Mission CISD reserves the right to award contracts to multiple vendors if these vendors offer items that are unique and have value to Mission CISD. Mission CISD shall comply with the Texas Public Information Act in the event Mission CISD receives an open records request for information relating to proposals submitted in response to this RFP.

5.3 Competitive Range

It may be necessary for Mission CISD to establish a competitive range of acceptable proposals as part of the evaluation process. Proposals not in the competitive range are unacceptable and do not receive further award consideration.

5.4 Estimated Quantities

Mission CISD makes no guarantee or commitment of any kind concerning quantities that will actually be purchased. Mission CISD makes no guarantee or commitment of any kind regarding usage of any contracts resulting from this solicitation.

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5.5 Inspection & Acceptance

Awarded vendor(s) shall deliver the goods or services procured on this contract to the Mission CISD Department issuing a Purchase Order. If delivery is not or cannot be made within proper time period, the awarded vendor must receive authorization from the issuing Mission CISD Department for the delayed delivery. If defective or incorrect goods are delivered, Mission CISD may make the determination, in its sole discretion, to return the goods to the vendor at no cost to Mission CISD. The vendor agrees to pay all shipping and handling costs for any such return shipment. The vendor also shall be responsible for arranging the return of the defective or incorrect goods.

5.6 Minority & Women’s Business Enterprise (MWBE), Historically Underutilized Business (HUB), Small Business Enterprise (SBE), Veteran-Owned, and Labor Surplus Firms participation Mission CISD encourages the use of HUB, MWBE, and SBE both as prime and subcontractors.

However, these entities must meet the same minimum standards and requirements as the prime contractor. It will be the responsibility of the prime contractor to pre-qualify any subcontractors offered as HUB, MWBE, and SBE participants. Proposers shall indicate on their submitted proposals whether or not they are a HUB, MWBE, or SBE vendor and with whom they are certified, e.g., State, City, Federal.

When federal funds are expended by Mission CISD, Vendor is required ensure when possible, that small, minority, and veteran-owned businesses, and women’s business enterprises, for any subcontracting opportunities are considered as set forth in 2 CFR 200.321 and below. Such consideration means:

(1) These business types are included in solicitation lists;

(2) These business types are solicited whenever deemed eligible potential sources;

(3) Dividing procurement transactions into separate procurements to permit maximum participation by these business types;

(4) Establishing delivery schedules (for example, the percentage of an order to be delivered by a given date of each month) that encourage participation by these business types; and

(5) Utilizing organizations such as the Small Business Administration and the Minority Business

Development Agency of the District of Commerce.

5.7 Formation of Contract (Execution of Offer)

A response to this solicitation is an offer to contract with Mission CISD based upon the terms, conditions, scope of work, and specifications contained in this procurement solicitation. A solicitation/proposal does not become a contract unless and until it is accepted by Mission CISD after approval by the Mission CISD Board of Trustees. A contract is formed when either Mission CISD’s Superintendent or Assistant Superintendent for Business Services signs the Execution of Offer form.

The Proposer must submit a signed Execution of Offer Form in the Response Attachment section of the Mission CISD eBid System, thus eliminating the need for the formal signing of a separate contract.

5.8 Non-Exclusive Contract

Any contract resulting from this solicitation is non-exclusive and shall be awarded with the understanding and agreement that it is for the sole convenience of Mission CISD. Mission CISD is free to have multiple contracts for the awarded goods and services and may initiate other procurement solicitations or purchasing activity with other vendors at any time, in Mission CISD’s sole discretion.

5.9 Pricing

Mission CISD requires that the pricing submitted in proposals be offered as a quantity of one price.

Mission CISD may request the awarded vendor(s) to provide discounts or other adjustments to the quantity one price for larger orders, on a per-purchase order basis. If discounts or quantity prices are offered by an awarded vendor, the vendor must also offer the same reductions in pricing to be available for orders of a similar size.

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5.10 Federal/State/Grant Funding

Mission CISD receives a variety of federal, state, and/or grant funding. Performance by Mission CISD under any contract/Agreement entered into pursuant to this RFP may be dependent upon the appropriation and allotment of state/federal/grant funds (a “Prime Contract”). If Mission CISD is not appropriated or allocated the necessary federal/state/grant funds or its funding under a Prime Contract is eliminated or decreased, or Mission CISD fails to allocate the necessary funds, then Mission CISD will issue a written notice to Vendor, and Mission CISD may terminate the Agreement without further duty or obligation to Vendor. Vendor acknowledges that appropriation, allotment, and allocation of funds may be beyond the control of Mission CISD. Vendor shall strictly comply with all applicable Prime Contract requirements and all applicable flow-down, referenced, and incorporated provisions therein and shall cooperate with Mission CISD in fulfillment of Mission CISD’s obligations under the Prime Contract.

6.0 – Financial Offer & Questionnaire

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SECTION 6.0 – FINANCIAL OFFER & QUESTIONNAIRE

6.1 Proposers must respond to all questions and identify all costs, fees, or charges for which Mission CISD may be billed. Costs not indicated in proposals will not be paid. Proposers are to provide written documentation for any exceptions.

7.0 - General Terms & Conditions

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SECTION 7.0 – GENERAL TERMS & CONDITIONS

The words “bids,” “requests for proposals,” “quotes,” “RFPs,” “solicitation,” “procurement,” and their derivatives may be used interchangeably in these terms and conditions. These terms and conditions apply to all bids, requests for proposals, quotes, competitive sealed proposals, and other procurement solicitations to which they are attached. The term “Vendor” means each awarded vendor chosen by Mission CISD.

These General Terms and Conditions are part of the final contract in each commodity and/or service contract and are part of the terms and conditions of each purchase order or other bid/proposal forms issued in connection with this solicitation.

Proposers are responsible for identifying any exceptions to these terms and conditions. ANY

EXCEPTIONS MUST BE NOTED IN THE “NOTES TO BUYER” SECTION OF THE

PROPOSAL FORM. Proposals that are qualified with conditional clauses, items not called for, or other irregularities may be considered non-responsive by Mission CISD and eliminated from further consideration by Mission CISD.

This Agreement is entered into between Mission Consolidated Independent School District (“Mission CISD”) and Vendor, having submitted a proposal in response to a procurement solicitation issued by Mission CISD and whose proposal has been accepted and awarded by Mission CISD. In consideration of the mutual covenants and conditions contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Mission CISD and Vendor, intending to be legally bound, and subject to the terms, conditions, and provisions of this Agreement, agree as follows:

7.1 Agreement Terms; Amendment

The terms of this Agreement shall govern all procurements conducted hereunder. No pre-published terms on the Vendor’s order acknowledgments, invoices, or other forms shall have any force or effect.

Further, no amendment of this Agreement shall be permitted unless first approved in writing by Mission CISD, and no such amendments shall have any effect unless and until a written amendment to this Agreement is executed by Mission CISD’s Superintendent or its Assistant Superintendent for Business Services (or their designees) after any necessary approvals have been obtained from the Mission CISD Board of Trustees.

7.2 Assignment of Agreement

Vendor may not assign this Agreement or any of its rights, duties, or obligations hereunder without the prior written approval of Mission CISD. Any attempted assignment of this Agreement by Vendor shall be null and void. Any purchase or work order made as a result of this Agreement may not be transferred, assigned, subcontracted, mortgaged, pledged, or otherwise disposed of or encumbered in any way by Vendor without the prior written approval of Mission CISD. Vendor is required to notify Mission CISD when any material change in operations occurs, including but not limited to changes in distribution rights for awarded products, bankruptcy, material changes in financial condition, change of ownership, and the like, within three (3) business days of such change.

7.3 Captions

The captions herein are for convenience and identification purposes only, are not an integral part hereof, and are not to be considered in the interpretation of any part hereof.

7.4 Catalog Discounts

In the event of a catalog discount type proposal, Vendor may be allowed to make additions and/or deletions from Vendor’s offerings on an annual basis during the Agreement renewal period, in Mission CISD’s sole discretion, provided the item(s) substituted are of a like quality and category.

These changes will be compliant with the format of the Vendor’s original proposal (i.e., manufacturer

RFP# 240-26-0 Classroom and Instructional Supplies (revised 6.1.2025) 16 name, product category, or entire catalog discount). Mission CISD will send notification to Vendor(s) seeking any additions and/or deletions, and Vendor will return these proposed changes on company letterhead within the given timeframe. If Mission CISD, in its sole discretion, accepts the Vendor’s proposed changes, such changes will remain in effect for the entire year until the next renewal period.

7.5 Compliance with Laws

Vendor shall comply with all applicable federal, state, and local laws, statutes, ordinances, standards, orders, rules, and regulations, including, as applicable, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, prompt payment and licensing laws and regulations, the Davis-Bacon Act (40 U.S.C. § 276a / 29 CFR Part 5), the Copeland “Anti-Kickback” Act (18 U.S.C. § 874 / 29 CFR Part 5), the McNamara-O’Hara Service Contract Act (41 U.S.C. 351), Section 306 of the Clean Air Act (42 U.S.C. § 1857h, Section 508 of the Clean Water Act (33 U.S.C.

§ 1368), Executive Order 11738, Environmental Protection Agency regulations (40 CFR Part 15), the Contract Work Hours and Safety Act (40 U.S.C. § 3701-3708; 29 C.F.R. Part 5), the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200), the Education District General Administrative Regulations, 2 C.F.R. Parts 200 and 3474, and 34 C.F.R. Parts 75-77 and 81 (“EDGAR”), mandatory standards and policies contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.

L. 94-163, 89 Stat. 871), and all applicable requirements and regulations, including those related to reporting, patent rights, copyrights, data rights and those mandated by federal agencies making awards of federal funds to Mission CISD. Vendor understands that Vendor is ineligible to receive a contract award with Mission CISD if Vendor or its principal(s) is listed on the government-wide exclusions in the System for Award Management (Debarment and Suspension Orders Executive Orders 12549 and 12689) or is 30 days or more delinquent in paying child support (Tex. Fam. Code § 231.006). For the entire duration of this Contract, Vendor and all subcontractors shall maintain all required licenses, certifications, permits, and any other documentation necessary to perform this Contract. Vendor must comply with all state and local building code requirements unless otherwise specifically provided in the Mission CISD’s Purchase Order, and Vendor must pay all fees and charges for connections to outside services and for use of property outside the project site. When required or requested by Mission CISD, Vendor shall furnish Mission CISD with satisfactory proof of Vendor’s compliance with this provision.

7.6 Confidentiality

Vendor and Mission CISD agree to secure the confidentiality of all information and records in accordance with applicable federal and state laws, rules, and regulations. Vendor and Mission CISD understand that the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, governs the privacy and security of educational records and information and agree to abide by FERPA rules and regulations, as applicable. Vendor also acknowledges that Mission CISD is subject to the Texas Public Information Act, and Vendor waives any claim against and releases from liability Mission CISD, its officers, employees, agents, and attorneys with respect to disclosure of information provided under or in this Agreement or otherwise created, assembled, maintained, or held by Vendor and determined by Mission CISD, the Attorney General of Texas, or a court of law to be subject to disclosure under the Texas Public Information Act.

7.7 Contract Term

The contract term is as set forth in Part 1.0 Notice of Intention. The phrase “Term” in this Agreement shall mean the then-current Term of the Agreement, whether the initial term or a renewal term.

7.8 Criminal History Review (Ch. 22 Contractor Certification: Contractor Employees Form must be filled out and attached to proposal in the Response Attachment section, if applicable) Prior to commencing any work under the Contract, if Vendor contracts with Mission CISD to provide

RFP# 240-26-0 Classroom and Instructional Supplies (revised 6.1.2025) 17 services, Vendor must comply with all requirements relating to criminal history information required by TEX. EDUC. CODE Chapter 22. Vendor must also ensure subcontractors’ compliance with TEX.

EDUC. CODE, Chapter 22 requirements. Covered employees with disqualifying criminal history are prohibited from serving at Mission CISD locations; Vendor and any subcontracting entity may not permit a “covered employee” to provide services at a school if the employee has a “disqualifying criminal history” (as those terms are defined within the form). If Vendor receives information that a covered employee has a reported disqualifying criminal history, then Vendor will immediately remove the covered employee from the project/contract and notify Mission CISD in writing within three (3) business days. If Mission CISD, in its sole discretion, objects to the assignment of a covered employee for any reason, including, but not limited to, on the basis of the covered employee’s criminal history record information and/or insufficient qualifications, lack of experience, and the like, based on information gathered by Mission CISD through the procurement and/or contracting processes, Vendor (and each subcontractor) agrees to discontinue using that covered employee to provide services on Mission CISD’s project/contract. The criminal history record information review obligation applies if Vendor contracts with Mission CISD to provide services; it does not apply to a contract for the purchase of goods or real estate.

7.9 Customer Reference List

Vendor agrees to submit a customer reference list upon request by Mission CISD.

7.10 Customer support

Vendor shall provide timely and accurate technical advice and sales support to Mission CISD and Mission CISD staff. Vendor shall respond to requests for customer support within one (1) business day after receipt of the request. Vendor shall provide training to Mission CISD staff regarding products and/or services supplied by Vendor, at no additional charge, if requested by Mission CISD.

7.11 Entire Agreement

This Agreement, the procurement solicitation issued by Mission CISD, and Vendor’s proposal submitted in response to Mission CISD’s procurement solicitation, and the attached and incorporated addendum or exhibits, if any, contain the entire agreement of the parties relative to the purpose(s) of the Agreement and supersede any other representations, agreements, arrangements, negotiations, or understanding, oral or written, between the parties to this Agreement. In the event of a conflict between this Agreement and the procurement solicitation issued by Mission CISD or the Vendor’s proposal submitted in response to Mission CISD’s procurement solicitation, this Agreement shall control. In the event of a conflict between the procurement solicitation issued by Mission CISD and the Vendor’s proposal submitted in response to Mission CISD’s procurement solicitation, Mission CISD’s procurement solicitation shall control. This Agreement supersedes any conflicting terms and conditions on any purchase or work orders, invoices, checks, order acknowledgements, forms, purchase orders, or similar commercial documents relating hereto and which may be issued by Vendor after the Effective Date of this Agreement.

7.12 Equal Opportunity

It is the policy of Mission CISD not to discriminate on the basis of race, color, National origin, gender, limited English proficiency, or handicapping conditions in its programs. Vendor agrees not to discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions and privileges of employment, or a matter directly or indirectly related to employment, because of age (except where based on a bona fide occupational qualification), sex (except where based on a bona fide occupational qualification) or race, color, religion, national origin, or ancestry. Vendor further agrees that every subcontract entered into for the performance of this Agreement shall contain a provision requiring non-discrimination in employment herein specified, binding upon each subcontractor. Breach of this

RFP# 240-26-0 Classroom and Instructional Supplies (revised 6.1.2025) 18 covenant may be regarded as a material breach of the Agreement.

7.13 Force Majeure

Neither Mission CISD or Vendor shall be deemed to have breached any provision of this Agreement as a result of any delay, failure in performance, or interruption of service resulting directly or indirectly from acts of God, network failures, acts of civil or military authorities, civil disturbances, wars, energy crises, fires, transportation contingencies, interruptions in third-party telecommunications or Internet equipment or service, other catastrophes, or any other occurrences which are reasonably beyond such party’s control.

The parties to this Agreement are required to use due caution and preventive measures to protect against the effects of force majeure, and the burden of proving that a force majeure event has occurred shall rest on the party seeking relief under this provision. The party seeking relief due to force majeure is required to promptly notify the other party in writing, citing the details of the force majeure event and relief sought, and shall resume performance immediately after the obstacles to performance caused by a force majeure event have been removed, provided the Agreement has not been terminated. Delay or failure of performance by either party to this Agreement, caused solely by a force majeure event, shall be excused for the period of delay caused solely by the force majeure event.

Neither party shall have any claim for damages against the other resulting from delays caused solely by force majeure. Notwithstanding any other provision of this Agreement, in the event the Vendor’s performance of its obligations under this Agreement is delayed or stopped by a force majeure event, Mission CISD shall have the option to terminate this Agreement. This section shall not be interpreted as limiting or otherwise modifying any of Mission CISD’s contractual, legal, or equitable rights.

7.14 Governing Law and Venue

The laws of the State of Texas, without regard to its provisions on conflicts of laws, govern this Agreement. The mandatory, exclusive jurisdiction for any dispute under this Agreement is in the state and federal courts located in Edinburg, Texas, Hidalgo County.

7.15 Mission CISD Property

In the event of loss, damage, or destruction of any property owned by or loaned by Mission CISD that is caused by Vendor or Vendor’s representative, agent, employee, or contractor, Vendor shall indemnify Mission CISD and pay to Mission CISD the full value of or the full cost of repair or replacement of such property, whichever is greater, within thirty (30) days of Vendor’s receipt of written notice of Mission CISD’s determination of the amount due. If Vendor fails to make timely payment, Mission CISD may obtain such money from Vendor by any means permitted by law, including, without limitation, offset or counterclaim against any money otherwise due to Vendor by Mission CISD.

7.16 Indemnification

VENDOR SHALL INDEMNIFY AND HOLD MISSION CISD HARMLESS FROM ALL

CLAIMS, LIABILITIES, COSTS, SUITS OF LAW OR IN EQUITY, EXPENSES,

ATTORNEYS’ FEES, FINES, PENALTIES OR DAMAGES ARISING FROM THE ACTS

OR OMISSIONS OF VENDOR, VENDOR’S EMPLOYEES, AGENTS, OR

SUBCONTRACTORS, IN CONNECTION WITH THIS AGREEMENT, INCLUDING,

WITHOUT LIMITATION, THOSE ARISING FROM CLAIMED INFRINGEMENT OF

ANY PATENTS, TRADEMARKS, COPYRIGHT OR OTHER CORRESPONDING

RIGHT(S) WHICH IS RELATED TO ANY ITEM VENDOR IS REQUIRED TO DELIVER.

Vendor’s obligations under this clause shall survive acceptance and payment by Mission CISD.

7.17 Insurance

Vendor is required to provide Mission CISD with copies of certificates of insurance, naming Mission

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CISD as an additional insured, for Texas Workman’s Compensation and General Liability Insurance.

Certificates of Insurance, name and address of Vendor, the limits of liability, the effective dates of each policy, and policy number shall be delivered to Mission CISD prior to commencement of any work under this Agreement. The insurance company insuring Vendor shall be licensed in the State of Texas and shall be acceptable to Mission CISD. Vendor shall give Mission CISD a minimum of ten (10) days’ notice prior to any modifications or cancellation of said policies of insurance. Vendor shall require all subcontractors performing any work under or relating to this Agreement to maintain coverage as specified below.

Minimum Insurance Requirements:

Vendor shall, at all times during the Term of this Agreement, maintain insurance coverage with not less than the type and requirements shown below. Such insurance is to be provided at the sole cost of Vendor. These requirements do not establish limits of Vendor’s liability.

All policies of insurance shall waive all rights of subrogation against Mission CISD, its officers, employees, and agents.

Upon request, certified copies of original insurance policies shall be furnished to Mission CISD.

Mission CISD shall be named as an “additional insured” on all insurance policies except workers’ compensation.

Mission CISD reserves the right to require additional insurance should Mission CISD deem additional insurance necessary, in Mission CISD’s sole discretion.

Type of Coverage Limits of Liability Amounts Commercial General Liability General Aggregate

Operational Aggregate $1,000,000 $2,000,000

Automobile Liability Combined Single Limit $ 500,000 Workman’s Compensation Statutory Limits Errors and Omissions Professional Liability Coverage*

Occurrence Aggregate

$1,000,000 per occurrence $2,000,000 aggregate

*Required for all professional services and consulting contracts

7.18 Interpretation

Vendor agrees that the normal rules of construction that require that any ambiguities in this Agreement are to be construed against the drafter shall not be employed in the interpretation of this Agreement.

7.19 Invoices; Payments

Invoices shall be directed to Mission CISD’s Accounts Payable District via e-mail sent to ap@mcisd.org. All invoices shall be itemized to include the type of goods and/or services rendered.

Vendor shall submit invoices in a timely manner during Mission CISD’s fiscal year in which the goods and/or services are purchased. In accordance with Texas Government Code § 2251.021, payments are due to Vendor within forty-five (45) days after the later of the following: (1) the date Mission CISD receives the goods under the Agreement; (2) the date the performance of the service under the Agreement is completed; or (3) the date Mission CISD receives an invoice for the goods or service. Vendor agrees to pay any subcontractors, if any, the appropriate share of the payment received from Mission CISD not later than the tenth (10th) day after the date Vendor receives the payment from Mission CISD. The exceptions to payments made by Mission CISD and/or Vendor listed in Texas Government Code § 2251.002 shall apply to this Agreement.

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In addition to all other rights and remedies that Mission CISD may have, Mission CISD shall have the right to setoff, against any and all amounts due to Vendor by Mission CISD, whether due under this Agreement or any other agreement between Mission CISD (including any Department of Mission CISD) and Vendor, any sums for which Mission CISD is entitled to under this Agreement, as determined by Mission CISD in its sole discretion, including, without limitation, sums due by Vendor to Mission CISD as a result of indemnification obligations, warranty claims, as applicable.

7.20 IRS W-9

In order to receive payment under this Agreement, Vendor shall have a current I.R.S. W-9 Form on file with Mission CISD.

7.21 Multiple Contract Awards; Non-Exclusivity

Mission CISD reserves the right to award multiple contracts for each commodity category.

Commodity categories are established at the sole discretion of Mission CISD. Nothing in this Agreement may be construed to imply that Vendor has the exclusive right to provide products and/or services to Mission CISD.