3-RFP 26-008V Fire System Inspect Srv.pdf

REV 09.25

REQUEST FOR PROPOSAL

FOR

Fire System Inspection Services Solicitation # 26-008V

Issued By:

Schertz-Cibolo-Universal City Independent School District

Closing Date:

2:00 PM

January 22, 2026

SCUCISD is accepting proposals to provide district wide fire system inspection services related fire alarms, sprinklers and fire extinguishers in accordance with the instructions, specifications, terms, and conditions, contained in this Solicitation.

ADDENDA TO RFP. SCUCISD reserves the right to revise and amend the specifications prior to the date set for the receipt of proposals. Respondents are requested to clarify any ambiguity, conflict, discrepancy, omission, or other error(s) in the RFP in writing. Revisions or amendments, if any, will be made by issuing an addendum. Every effort will be made to send addenda issued to the parties known to have been furnished a complete copy of the RFP. It is the responsibility of each Contractor, prior to submitting the Proposal, to contact the Purchasing Department to determine if addenda were issued and, if so, to obtain such addenda for attachment to the Proposal. Register online at https://scucisd.bonfirehub.com/ to receive any addenda and submit questions or comments concerning this solicitation.

For Further Information Contact:

SCUCISD Purchasing & Supply Department Attn: Terri Canal, CPPB, CTSBO

1056 Elbel Road, Schertz, TX 78154

PH: 210-945-6223

Email: tcanal@scucisd.org

Page 2 of 20 Schertz-Cibolo-Universal City ISD Solicitation No. 26-008V, Fire System Inspection Services

TABLE OF CONTENTS

SECTION 1 – INSTRUCTIONS

SECTION 2 – SPECIFICATIONS

SECTION 3 – EVALUATION CRITERIA AND SUBMITTAL REQUIREMENTS

SECTION 4 – GENERAL TERMS AND CONDITIONS

SECTION 5 – EXHIBITS

Call to Action

Through high quality and student-centered learning experiences, students will leave SCUC confident, empowered, and prepared with the skills to pursue their individual passions.

Values

Leadership, Character, Commitment, Service, Learning

Page 3 of 20 Schertz-Cibolo-Universal City ISD

SECTION 1 - INSTRUCTIONS

1. PROPOSAL SUBMISSION: To be considered, the proposal must be prepared in the manner and detail specified in this proposal.

a. Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of the RFP. Extensive binding, colored displays, promotional materials, etc., are not necessary or desired. Emphasis should be concentrated on conformance and clarity of content.

b. PRE-PROPOSAL MEETING / PROPOSAL GUARANTEE: Not Applicable

c. SITE VISIT: To schedule a non-mandatory site visit, contact Terry Rappmund at (210) 945-6801 or by email at: trappmund@scucisd.org. Scheduling must be requested by no later than January 14, 2026.

d. SUBMITTAL DEADLINE: Bids/Proposals will be received electronically via our Euna Bonfire bidding platform at https://scucisd.bonfirehub.com/ until January 22, 2026, 2:00 PM, local time.

e. Submissions that are sent via facsimile or e-mail will not be considered.

f. Proposal submissions received late, unsigned, or in locations other than as stated in this solicitation will be returned without consideration.

g. The Schertz-Cibolo-Universal City Independent School District will not be bound to accept the lowest or any Proposal and reserves the right to accept or reject in whole or in part, any and all Proposals, to negotiate portions thereof, and to waive any minor informality.

h. All costs incurred in the preparation and submission of the RFP response shall be borne solely by the Vendor. Where Vendors may be required to perform a presentation, give demonstrations, provide samples and/or technical literature, or participate in any interview process as related to this solicitation, all costs shall be borne by the Vendor.

i. Any Proposals submitted in response to this Request for Proposal will become irrevocable upon the closing time and remain open for acceptance for ninety (90) days from the closing date whether or not another RFP has been accepted.

j. SCUCISD is part of a multi-member purchasing alliance. Please see General Terms and Conditions – Central Texas Purchasing Alliance (CTPA) Adoption Clause for additional information.

k. SUBMISSION OF A PROPOSAL shall be construed to mean that the Vendor agrees to carry out all the conditions set forth in this document. Any proposed variation from the specifications, terms and conditions shall be clearly identified. Please provide details of any non-compliance with stated conditions on the deviation summary section provided on the Exceptions form Attachment D. If no changes are indicated, the District shall expect to receive the service(s) exactly as specified.

l. FORM OF CONTRACT: A Vendor's signature on the response to this RFP and the district's acceptance of that Proposal should constitute an adequate set of terms and conditions for the performance of the required services. However, if a vendor expects the District to sign a separate service agreement, a copy of that document must be provided along with RFP response for evaluation.

m. The Solicitation Forms provided must be used. Failure to follow these instructions may cause a Proposal to be determined as non-responsive and the Proposal rejected. The above information must be clear and concise.

n. The District reserves the right to select any offer it deems the best value, regardless of price.

2. RFP CLARIFICATION: Questions regarding this RFP should be submitted via https://scucisd.bonfirehub.com/. Answers citing the question will be distributed simultaneously to all known

Page 4 of 20 Schertz-Cibolo-Universal City ISD prospective offerors through Euna Bonfire. Oral answers provided by SCUCISD or its agents shall not be binding. No modification or amendment to this Request for Proposal shall be valid unless it is set forth in writing -- via a signed addendum or amendment from the District Purchasing Office.

DEADLINE FOR QUESTIONS: Questions regarding this RFP must be submitted in writing via Euna Bonfire at https://scucisd.bonfirehub.com/ on or before January 15, 2026, 11:00 am.

3. PROPOSER RESPONSIBILITY: We expect you to be thoroughly familiar with all specifications and requirements of this RFP. Your failure or omission to examine any relevant form, article, site or document will not relieve you, as a contractor, from any obligation regarding this RFP. By submitting a Response, you are presumed to concur with all terms, conditions, and specifications of this RFP. Any exception must be clearly defined and referenced in the proper paragraph in this Solicitation. Objections we consider excessive or affecting vital terms may reduce or eliminate your prospects for the award.

4. COMPLETENESS: The proposal shall be completed in all respects as indicated. A Proposal may be rejected if it is conditional or incomplete, or if it contains irregularities of any kind.

5. FALSE/MISLEADING STATEMENTS: A proposal that contains false or misleading statements, or which provides references that do not support an attribute or capability of the proposed system or service may be rejected. If, in the opinion of the District, such information was intended to mislead the District in its evaluation of the Proposal and the attribute, condition, or capability as a requirement of the RFP, the Proposal shall be rejected.

6. PROPOSAL SIGNATURE: The Proposal must be signed by an individual who is authorized to bind the responding firm contractually. The signature should indicate the title or position that the individual holds in the firm. Firms who sign their contracts with the name of the firm must provide the name of the corporate officer for signature validation by the District. An unsigned Proposal shall be rejected.

7. AWARD: SCUCISD will award to the contractor(s) who presents the greatest value, in our view, to SCUCISD from the standpoint of suitability to purpose, quality, service, previous experience, price, ability to deliver, or for any other reason deemed by the District to be in the best interest of SCUCISD. Thus, the result will not be determined by price alone but by the applicable criteria as listed under EVALUATION CRITERIA.

8. PRECEDENCE: In the event of contradictions or conflicts between the provisions of the documents comprising the Contract, they will be resolved by giving precedence in the following order:

1) the provisions of the Contract (as it may be amended);

2) the provisions of the RFP (as it may be supplemented).

3) the provisions of the Contractors Response (as it may be clarified);

9. CONTRACT PERIOD: The District’s intention is to award to one vendor; however, multiple contract awards will be considered. Awarded contract(s) shall begin March 1, 2026 through February 28, 2027 with up to four (4), 1-year renewal option. Such extension(s) will be at the discretion of the District, subject to the same terms, conditions, favorable prices, and mutual agreement between the Contractor and the District with no minimum guaranteed amount.

10. SCHEDULE OF EVENTS

Following is a list of projected dates/times with respect to this RFP.

RFP Release Date December 19, 2025

Final Questions Accepted January 15, 2026, 11:00 am

Proposals Due January 22, 2026, 2:00 pm

Tentative Board Approval February 19, 2026 Contract Begin Date March 1, 2026

Page 5 of 20 Schertz-Cibolo-Universal City ISD

SECTION 2 - SPECIFICATIONS AND SCOPE OF SERVICES

A. Overview: Schertz-Cibolo-Universal City Independent School District (SCUCISD) is soliciting proposals from qualified vendors to provide inspection services for district fire alarm systems, sprinkler systems, fire extinguishers, and related components in accordance with the specifications outlined in this document.

B. General Information

1. District Demographics

Service Area: SCUCISD serves the cities of Schertz, Cibolo, Universal City, and rural areas of northeast Bexar County and southwest Guadalupe County, covering approximately 73 square miles.

Student Population: Approximately 15,475 students in a predominantly residential community.

Employees: Approximately 1,925 staff members, making SCUCISD one of the largest employers in

Guadalupe County, Texas.

C. Qualifications

1. Minimum Qualifications: Proposers will be deemed non-responsive and rejected without further evaluation if they fail to meet the following mandatory requirements:

Minimum five (5) years of experience providing fire system inspections.

Submission of copies of all applicable licenses and certifications with proposal.

Demonstrated service for at least three (3) comparable clients.

2. Preferred Qualifications: Proposers may receive higher evaluation scores if they meet the following:

Minimum ten (10) years of experience providing fire system inspections.

Submission of copies of all applicable licenses and certifications with proposal.

Demonstrated service for at least five (5) comparable clients.

3. Permits and Licenses: Contractors must be fully permitted and licensed to perform all required work.

Copies of all applicable permits and licenses must be included in the proposal response.

D. Specifications / Scope of Work

1. Fire Alarm Systems

a. There are twenty-eight (28) fire alarms in total, including portable buildings.

b. All fire alarm testing must follow the National Fire Protection Association (NFPA) 72 code book.

c. Prior to testing of fire alarms, contractor shall notify the District’s monitor company that testing will begin.

d. Control equipment shall be tested to verify correct receipt of alarm, supervisory, and trouble signals (inputs), operation of evacuation signals and auxiliary functions (outputs), circuit supervision including detection of open circuits and ground faults, and power supply supervision for detection of loss of AC power and disconnection of secondary batteries.

e. Smoke detectors and duct detectors shall be tested in place to ensure smoke entry into the sensing chamber and an alarm response. Testing with smoke or listed aerosol approved by the manufacturer shall be permitted as acceptable test methods. Other methods approved by the

Page 6 of 20 Schertz-Cibolo-Universal City ISD manufacturer that ensure smoke entry into the sensing chamber shall be permitted.

f. Heat detector testing shall be performed with a heat source per the manufacturer’s recommendations for response within one minute.

g. Manual fire alarm boxes shall be operated per the manufacturer’s instructions.

h. The number of detection devices tested shall be compared to the number of devices programmed into the control panel by stepping through the device menu.

i. The contractor shall not conduct inspection of the fire alarm systems during regular school hours.

j. All testing shall be done during the summer months or other regular hours, weekends, or holidays during the school year. The fire alarm testing does not have to be completed during the summer, but it must be completed before the anniversary date of the last inspection.

k. In most instances, the District will be responsible for cleaning fire alarm devices. However, during testing by the contractor, if the fire alarm system will not pass inspection without cleaning devices, the contractor will clean the system devices as a normal part of the inspection. All cleaning of the devices shall be done in accordance with the manufacturer’s recommendations.

l. A copy of the inspection reports must be left in the fire alarm panel at the time of inspection and another submitted to Terry Rappmund, District Maintenance Supervisor or his designee at the conclusion of each inspection.

m. Contractor is responsible for any damages done to existing devices due to the contractor’s negligence.

n. A detailed report of all failed devices discovered during the inspection, including campus/facility, device type, quantity, and exact location of failed device within the facility, shall be submitted to the District Maintenance Supervisor, or his designee, upon discovery.

o. Inspection and repairs shall be approved by Terry Rappmund or his designated designee, prior to the beginning of work.

p. Repairs shall be completed before contacting fire marshal for inspection. The District will be responsible for coordination of all communications with the Fire Marshal.

q. Once testing is complete, Contractor shall notify the District’s monitor company that testing is complete.

2. Fire Extinguishers

a. Replacement of fire extinguishers must be pre-approved by the district and installed by the

Contractor.

b. Services shall Include in recharging will be all necessary incidental parts, such as, pins, o-rings, powder and safety pin retainer straps. Any other necessary parts shall be subject to additional charges.

c. If a recharged extinguisher that has not been tampered with fails to remain charged, the vendor shall recharge at no cost to the District.

d. The District shall not be subject to a service charge or hourly rate charge in conjunction with the recharging of a previously inspected extinguisher failing to remain charged.

e. All recharging, other than annual inspection and emergencies, will take place at a District site(s) as instructed by the District Maintenance Supervisor or authorized designee.

f. Approximately 1,301 units as listed in the table below.

Facility Name District Count

Facility Name District Count

Cibolo Valley ES 25 Steele HS 175

Green Valley ES 40 Athletic Offices 8

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Facility Name District Count

Facility Name District Count

Paschal ES 35 Stadium Press Box 10

Rose Garden ES 20 Field House 8

Schertz ES 45 Shelton Sports Complex 5

Sippel ES 35 old Rose Garden Campus 26

Watts ES 30 Malish Administrative Bldg.

Wiederstein ES 40 Transportation Bldg. 50

Jordan Intermediate 25 Rehman Complex 36

Schlather Intermediate 40 MDLC 18

Wilder Intermediate 35 Buses 150

Corbett Jr. High 40 Maintenance & Facilities (M&F) White Fleet

Dobie Jr. High 64 M&F Spare Extinguishers 60

ASELC/Old Corbett 35 Toby Conner AG Complex 15

Clemens HS 180 Schertz Clinic 5

Total Counts 1,301

3. Fire Sprinkler Systems

a. Located within 19 facilities as listed below.

Watts ES

Jordan Intermediate

Cibolo Valley ES

Byron P. Steele II HS

Clemens Press Box

Elaine S. Schlather Intermediate

Green Valley ES

Dobie Jr High

John A Sippel ES

Laura Ingalls Wilder Intermediate

Rose Garden ES

Norma J. Paschal ES

Weiderstein ES

Corbett Jr High old Rose Garden Campus

Clemens HS

Schertz ES

Transportation Building

Allison Steele Enhanced Learning Center

b. All systems to be tested in accordance with NFPA Standard 25 and AHJ.

c. Inspect the fire department connections(s) to ensure caps/plugs are in place, coupling/swivels are undamaged, gaskets are present, signs are in place and no obstruction or damage is present.

d. Inspect the riser for any water leaks, ensure bracing is intact, and alarm valves are in proper position and no obstructions or damage is present.

e. Inspect gauges for damage and ensure the three-way test valve is present and open.

f. Inspect and test water flow alarm bell/gong for any visual obstructions and note if the fire sprinkler system is monitored.

g. Inspect that the control valves are secure, with no leaks, the open/shut indicators are working, and no obstructions or damage is present.

h. Inspect fire sprinkler heads for leaks, paint, or corrosion or flow obstruction; portion and check that the required sprinkler heads and wrench are on site.

Page 8 of 20 Schertz-Cibolo-Universal City ISD

i. Inspect main drain test for static psi before, residual psi during and static psi after test completion.

4. Fire Pumps

a. Type of Driver(s): Diesel or Electric.

b. Check Rating, GPM, and PSI.

c. Check and verify pump and motor are very on damage and leaks.

d. Verify all hoses and batteries and free of corrosion and cracks.

e. Shut and open all fire pump valves to insure proper operation.

f. Check auto start and stop by flow test.

g. Conduct load and non-load test and graph to ensure proper operation as designed.

h. Check water tank and floats for proper operation.

i. Verify all lights and gauges are working properly.

j. Verify pump and controller serial number and Manufacturer information.

k. Any defect found will be noted and sent to the appropriate person with a cost quotation for repairs and re-certification.

5. Backflow Prevention Devices

a. Backflow Prevention devices are to be serviced annually per Title 22 Health Code, Universal Plumbing Code and the local Authority Having Jurisdiction (AHJ). When required a licensed plumber will conduct testing.

b. Any defect found will be noted and sent to the appropriate person with a cost quotation for repairs and re-certification.

6. Five-Year Internal Inspection

a. Internal Pipe Inspection: this requires the opening of a flushing connection at the end of one main and the removal of one sprinkler head near the end of a branch line. These openings are to be inspected for the presence of foreign material. All the gauges on the system will be replaced.

b. Contractor shall also perform Hydrostatic Testing of FDC.

c. Internal Pipe Examination for At-Risk Systems: NFPA 25 lists conditions in which this type of internal pipe exam is to be performed. Inspection requires internal pipe examinations at the following four points of a fire sprinkler system to include: System Valve, Riser, Cross Main and Branch Line.

E. Contractor Responsibilities

1. Contractor and personnel shall not enter District sites without prior approval of the Director or his designee.

2. Contractor shall provide proper identification to all employees while performing any work on SCUC ISD property, and must sign in and out in the logbook located in the main office of each campus.

3. The District requires all contractors wear an ID badge, before performing any work on any SCUC ISD Property or Campus. Contractor personnel shall have appropriate identification and be easily identifiable at all times.

4. The District shall provide the awarded contractor full and free access to the assigned areas to render

Page 9 of 20 Schertz-Cibolo-Universal City ISD service.

5. The contractor and his personnel shall confine their activities to the work site and area(s) designated for their use.

6. The job site shall be in a clean, safe and orderly condition at all times. It shall be the contractor’s responsibility to remove all debris, materials, and equipment from the job site upon completion of the work specified.

7. It shall be the contractor’s responsibility to repair any leaks on the system that were not present upon arrival or may have been a result of performed tests.

8. Successful contractor shall not request keys to the District facilities without prior approval from the Director or his designee. Under no circumstances shall contractor or his personnel remove keys from the premises or reproduce keys to any District facility.

9. The use of tobacco, drugs, or alcohol is prohibited in all District buildings, vehicles, and on the grounds of all District facilities.

10. No worker with a criminal record will be allowed on SCUCISD campuses.

11. Contractor shall insure that no one in their employment shall be in the possession of explosives, firearms or weapons of any kind.

12. All contract workers must be properly dressed while on SCUC ISD property. Shirts with inappropriate words or pictures are strictly prohibited.

F. District Facilities

1. Campuses and Facilities are listed below:

a. Elementary School Campuses (8):

Green Valley Elementary – 1694 Green Valley Rd, Schertz, TX 78154

Norma Paschal Elementary – 590 Savannah Dr, Schertz, TX 78154

Rose Garden Elementary – 10414 East FM 1518 N, Schertz, TX 78154

Schertz Elementary – 701 Curtiss Avenue, Schertz, TX 78154 o Includes Schertz Clinic

John A. Sippel Elementary – 420 Fairlawn Ave, Schertz, TX 78154

Maxine & Lutrell Watts Elementary – 100 Deer Meadow, Cibolo, TX 78108

O.G. Wiederstein Elementary – 171 Borgfeld Rd, Cibolo, TX 78108

Cibolo Valley Elementary – 4093 Green Valley Rd, Cibolo, TX 78108

b. Intermediate School Campuses (3):

Barbara Jordan Intermediate – 515 Thistle Creek Dr, Cibolo, TX 78108

Elaine Schlather Intermediate – 230 Schlather Pkwy, Cibolo, TX 78108

Laura Wilder Intermediate – 806 Savannah Dr, Schertz, TX 78154

c. Junior High School Campuses (2):

Ray Corbett Jr High – 12000 Ray Corbett Dr, Schertz, TX 78154

Page 10 of 20 Schertz-Cibolo-Universal City ISD

Frank Dobie Jr High – 395 Borgfeld Rd, Cibolo, TX 78108

d. High School Campuses (3):

Samuel Clemens High School – 1001 Elbel Rd, Schertz, TX 78154

Byron P. Steele High School – 1300 FM 1103, Cibolo, TX 78108

Allison Steele Enhanced Learning Center – 204 Wright Ave, Schertz, TX 78154

e. Other Facilities:

Old Rose Garden Elementary School – 506 North Blvd, Universal City, TX 78148

Old Corbett Complex – 301 Main Street, Schertz, TX 78154 o Social Worker o Surplus o Textbooks o Disciplinary Alternative Education Program

Williams Malish Administrative Complex – 1060 Elbel Rd, Schertz, TX 78154 o Superintendent o Human Resources o Business, Finance & Payroll o Student & Academic Services o Security

Herb Rehmann Auxiliary Complex – 1056 Elbel Rd, Schertz, TX 78154 o Facilities & Construction o Grounds o Child Nutrition o Purchasing & Receiving Warehouse o Technology o Transportation

Marion Dolford Learning Center (MDLC) – 200 W. Schlather Rd, Cibolo, TX 78108 o Academic Services o Athletics o Career & Technology o Counseling Services o Curriculum o Fine Arts o Health Services o Special Education & 18+

Toby Conner AG Complex – 541 W. Schlather Rd, Cibolo, TX 78108

Clemens Field House – 1001 Elbel Rd, Schertz, TX 78154

Robert & Glenda Lehnhoff Stadium – 1100 Elbel Rd, Schertz, TX 78154

Shelton Sports Complex – 1088 Elbel Rd, Schertz, TX 78154

2. Additional portable and older buildings as identified by the Director of Maintenance or designee.

3. SCUCISD reserves the right to add or remove units from the contract; changes require written modification.

4. Travel time and mileage must be included in pricing; District will not pay separately. Exceptions must be noted on Attachment B – Exceptions Form.

5. Price Adjustments:

a. Initial 12 Months: No price increases are allowed for the first year of the contract.

Page 11 of 20 Schertz-Cibolo-Universal City ISD

b. Request for Adjustment: If the contractor experiences cost increases, they must submit a written request to the Director of Purchasing for a price adjustment before the contract expires or is renewed.

c. Notice Period: This request must be made at least 90 days in advance of the desired price increase.

d. Adjustment Criteria: Any price adjustments will be based on the Consumer Price Index for Urban Areas (CPI-U).

e. Limitations on Increases: Price increases will not exceed 5% in any given year.

f. Frequency of Adjustments: Only one price adjustment can be requested and considered per year.

END OF SECTION

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SECTION 3 - EVALUATION CRITERIA AND SUBMITTAL REQUIREMENTS

1. EVALUATION: The following will be considered in making the selection:

The Proposals will be evaluated at the sole and absolute discretion of the District and its designees. The District shall consider and score the following criteria.

Experience and Qualifications Proposed Inspections Services for:

o Fire Alarm Services o Sprinkler System Services o Fire Extinguisher Services

Cost Proposal

a. Each proposal submitted in response to this RFP shall focus on the above criteria. The Evaluation shall also consider those factors listed in TEC 44.031 (b) listed elsewhere in this solicitation. Proposals will be evaluated equally and fairly; no preference will be given to any Proposer based solely on previous experience with the District or to an incumbent thereof. The District reserves the right to make additional inquiries and may request the submission of additional information.

2. GENERAL SUBMITTAL REQUIREMENTS:

a. PROPOSAL FORMAT: Each proposal should be prepared simply and economically. Responses shall be in the same order as the requirements listed below and in the following section.

b. PROPOSAL CONTENT: The Proposer must include the following items, or the proposal may be deemed non-responsive and rejected without any further evaluation (unless otherwise indicated herein):

1) All forms contained or listed in this RFP, fully completed:

2) Proof of permits and licenses to perform all requested work. Omission of this requirement may deem your proposal non-responsive.

3. SUBMITTAL REQUIREMENTS SPECIFIC TO EVALUATION CRITERIA: Submit a complete response to each of the following items. List them in the order below, following your submission to the above:

a. Vendor Questionnaire

b. Attachment A - Proposal Form

c. Attachment B - Exceptions to this Solicitation

d. Attachment C - Felony Conviction Notice

e. Attachment D - Conflict of Interest Form CIQ

f. Vendor W9

4. EXCEPTIONS: The proposer shall clearly identify any proposed deviations from the language contained herein. Each exception must be clearly defined and referenced in the proper paragraph in this Solicitation.

The exception shall include, at a minimum, the Proposer's proposed substitute language and opinion as to why the suggested substitution will provide equivalent or better service and performance. If no exceptions are noted in the Proposer's proposal, the District will assume complete conformance with this specification and the successful Proposer will be required to perform accordingly. Proposals not meeting all requirements may be rejected. Proposals taking exception to any language in the General Terms and Conditions may be rejected as nonresponsive.

5. SHORTLISTING: The District may shortlist the Proposers based on responses to the above items. If necessary, the District will conduct interviews/demonstrations. The District will notify each Proposer on the shortlist if such a presentation is required. These presentations will provide an opportunity for the Proposers to respond to questions posed by the evaluators and to clarify their proposals through exhibition and discussion. The District will not reimburse any costs associated with the oral presentation to the Proposer.

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SECTION 4 - GENERAL TERMS AND CONDITIONS

1. BILLING AND PAYMENT: District standard terms will be Net 30 days; however, Proposers may offer a prompt payment discount in their original Proposal response such as 2% / 10 days - Net 30. Payment will be made, in arrears, in accordance with Texas Prompt Payment Act, Texas Gov’t Code 2251.

2. EVALUATION OF PROPOSALS: Proposal evaluation will be done based on the information provided by the Offeror. It is very important that the Offeror provide all required information as part of their Proposal. Failure to provide necessary information and documentation could result in the Proposal being rejected.

3. EVALUATION CRITERIA: The following represents examples of evaluation criteria that may, at the sole discretion of SCUC ISD and its designees, be considered when evaluating responses to a solicitation. These criteria are provided to inform prospective vendors of the types of factors that could be reviewed when determining the best overall value for the District. However, it is important to note that the specific evaluation criteria and their respective weights for each solicitation will be explicitly outlined within the individual solicitation document.

(1) the purchase price;

(2) the reputation of the vendor and of the vendor's goods or services;

(3) the quality of the vendor's goods or services;

(4) the extent to which the goods or services meet the District's needs;

(5) the total long-term cost to the District to acquire the vendor's goods or services; [and]

(6) for a contract for goods and services, other than goods and services related to telecommunications and information services, building construction and maintenance, or instructional materials, whether the vendor or the vendor's ultimate parent company or majority owner:

(a) has its principal place of business in this state; or

(b) employs at least 500 persons in this state; and

(7) any other relevant factor specifically listed in the request for bids or proposals.

4. APPLICABILITY: These conditions are applicable and form a part of the contract documents in each supply and/or service contract and are a part of the terms of each purchase order for items of equipment and/or service included in the specifications and solicitation forms issued herewith. Any resulting contract shall include this solicitation, and Proposal received.

5. PROPOSAL RESPONSE: Unless otherwise specified, Offerors are required to submit an executed original of the Proposal. The proposal response must contain:

a. Signed; Proposal Form

b. Vendor Questionnaire

c. References

d. Vendor Response

e. Proposed Pricing

f. Felony Conviction Notice Form

g. Conflict of Interest Form. Local Government Code Chapter 176 imposes disclosure/reporting obligations on vendors. Please complete and return Conflict of Interest Questionnaire Form CIQ.

h. Current, Signed W-9

i. Any additional documents required by the Solicitation.

6. THOSE WHO DO NOT PROPOSE are requested to notify the SCUCISD Purchasing Department in writing if they wish to receive future Proposals. Failure to do so may result in their being deleted from our prospective Bidders list.

7. DISCLOSURES: By signing this Proposal, a Vendor affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with the Proposal submitted.

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8. INTERLOCAL AGREEMENTS: Interlocal Agreements with other School Districts through the Central Texas Purchasing Alliance.

a. Membership. SCUCISD is a member in good standing of the Central Texas Purchasing Alliance (CTPA / txctpa.org), an alliance of over 100 school districts in Texas representing over 1.5 million students, sharing information, services, and contractual opportunities. CTPA is an alliance created in accordance with Section 791.001 of the Texas Government Code through interlocal agreements.

b. Adoption of Awarded Contracts. In support of this collaborative effort, all awards made by SCUCISD may be adopted by other active CTPA member districts. By adopting a contract from another CTPA member district, the adopting district has met the competitive bidding requirements established by the Texas Education Code, Section 44.031(a)(4), and as required by the adopting district’s policies. There is no obligation on either party to participate unless both parties agree. The goods and services provided under the contract will be at the same or better contract pricing and purchasing terms established by the originating district.

c. Adopted Contract Management. The adopting district shall be responsible for the management of the new contract and all payments to the contracted vendor. The originating district shall have no responsibilities under the new contract agreement.

9. FUNDING OUT CLAUSE. MULTI-YEAR ACQUISITION: Any contract for the acquisition, including lease, of real or personal property is a commitment of the District’s current revenue only:

a. The District retains the continuing right to terminate the contract at the expiration of each budget period during the term of the contract.

b. It is the Districts intent to execute a contract for the longest period providing the lowest total cost to the district. Any resultant contract is conditioned on a best efforts attempt by the District to obtain any appropriate funds for payment of the contract.

10. CONTRACTS FOR PURCHASE will be put into effect by means of a purchase order(s) executed by the Director of Purchasing or designee after the contract award.

a. Any additional agreements/contracts to be signed by SCUCISD shall be included with the Proposal.

b. Prices for all goods and/or services shall be negotiated to a firm amount for the duration of this contract or as agreed to in terms of time frame.

11. ASSIGNMENTS AND SUBCONTRACTING: No part of this agreement may be assigned or subcontracted without the prior written consent of the Schertz-Cibolo-Universal City Independent School District’s Purchasing Director. Payment can only be made to the Contractor named in this agreement.

12. PUBLIC RECORD: All Proposals become the property of the District. As a governmental entity the Public Information Act, formerly known as the Open Records Act, applies to this solicitation. Accepted Proposals and any subsequent award become public records. Proprietary material must be clearly marked as such. Pricing and service elements of the successful proposal will not be considered proprietary information.

13. CHANGES: This Contract shall not be modified, altered, or changed except by mutual consent confirmed in writing by an authorized representative of each party to this Contract. The Director of Purchasing or designee shall administer this contract on behalf of the District. The Vendor agrees to waive all claims for adjustment in regard to any services performed without prior receipt of an appropriate written Change Order. The SCUCISD Purchasing department shall review, approve and process all changes.

14. INDEMNITY: Vendor shall indemnify and hold harmless the SCUCISD and its Board of Trustees, officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description, including but not limited to, all expenses of litigation, court cost, penalties, and attorney's fees the SCUCISD incur defending any action, suit, or claim form any source whatsoever and any of any kind or nature arising directly or indirectly on the part of the vendor, its agents, servants, employees, contractors, and supplies, out of the operation under this agreement.

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15. INDEPENDENT CONTRACTOR: The parties intend that the Contractor, in performing the specified services, will act as an independent contractor and must have control of the work and the manner in which it is performed. The Contractor will be free to contract for similar services to be performed for other employers while Contractor is under contract with District. The Contractor is not to be considered an agent or employee of the District and is not entitled to participate in any pension plans, bonus, stock, or similar benefits that District provides for its employees. The District and Contractor agree that the Contractor is not covered under any District insurance policy, including but not limited to the District’s liability, property and casualty, or workers’ compensation insurance policies. The District shall not deduct Federal Income Taxes, FICA (Social Security) or any other taxes required to be deducted by an employer, as this is the responsibility of the Contractor.

16. TERMINATION: Any resulting contract may be terminated by the District at any time with or without cause and without penalty to the District. In the event of termination by the District prior to completion of the contract, compensation shall be prorated on the services actually performed, and the Contractor shall only be entitled to receive compensation for satisfactory work completed up to the date of termination.

17. CANCELLATION: Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity.

18. NON-PERFORMANCE: Whenever, in the opinion of the District, the work is neglected by the Contractor, the District may request to have the Contractor bring additional labor, materials, and supplies into the work. If the Contractor fails to correct the unsatisfactory condition(s) within five (5) working days, the Contractor shall be advised of so in writing. The District shall have no obligation to give the Contractor more than two (2) notices of unsatisfactory performance during the contract period; and, should the Contractor again fail to perform the services pursuant to the contract, the District may declare the contract in default, terminate the contract, and contract with another.

a. In the event of default by the Contractor, the District shall be liable only for payment of those services performed and accepted prior to the date of termination.

19. CHANGES TO PROPOSAL: The District retains the right to negotiate changes in a Proposal by any offeror, and to reject any or all Proposals if none of the submissions are responsive to its needs.

20. CHANGES IN REQUIREMENTS: Should the District, at any time during the progress of said work, request any alterations, deviations, additions, or omissions from the said agreement, specifications, or plans, it shall be at liberty to do so. And the same shall in no way affect or make void the agreement but will be added to or deducted from the amount of said agreement price as the case may be, by a fair and reasonable valuation subject to the mutual agreement of both parties.

21. UNRESTRICTED QUANTITIES: The District is not limited to purchasing all or any of its requirements from any contract resulting from this solicitation/award.

22. DELIVERIES required in this solicitation shall be freight prepaid F.O.B. DESTINATION and prices shall include all freight, and delivery charges for a total cost delivered.

23. DISMISSAL OF UNSATISFACTORY EMPLOYEES: If any person employed by the Contractor or any subcontractor fails or refuses to carry out the directions of the District representative, or is, in the opinion of the District representative, incompetent, unfaithful, intemperate, or disorderly; or uses threatening or abusive language to any person at the facility; or if otherwise unsatisfactory, he/she shall be removed from the work immediately, and shall not again be employed on the work except upon consent of the District representative.

24. VENUE: This Agreement shall be governed by the law of the State of Texas without regard to the choice-of-law rules of any jurisdiction. The venue shall be in Guadalupe County, Texas. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit.

25. NOTICE: Any notice required by or permitted under this Agreement must be made in writing. Any notice required by this Agreement will be deemed to be delivered (whether actually received or not) when deposited

Page 16 of 20 Schertz-Cibolo-Universal City ISD with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this Agreement. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein.

26. CRIMINAL BACKGROUND CHECK: All Contractors, who have a contract for services, have continuing duties related to the contract, and have direct contact with students must certify to the district that it has received all criminal history information on covered employees pursuant to Texas Education Code Chapter 22, Subchapter C prior to performing the services for the District. This is an all-or-nothing test. If all three criteria are met then the criminal history review is mandatory. The cost of the review shall be paid by the Contractor. Covered employees with disqualifying criminal histories are prohibited from serving at a school district. The Contractor selected may also be required to provide a list of personnel who will be assigned to do the work. When requested this information must be furnished within twenty-four (24) hours, and shall apply to any new personnel due to employee turnover.

a. The District reserves the right to review the personal background and conduct security clearances on the Contractor’s assigned personnel. The Contractor shall certify that all employees assigned to work under the contract have successfully passed a criminal background check, prior to assignment. The Contractor shall cooperate with the District authorities and shall comply with all regulations in effect during the contract period.

b. Upon the request of the District, the successful bidder may be required to provide the names of all persons who may be assigned to do the work on the contract for the purpose of completing a criminal background check. The following information shall be provided with each name to the District: date of birth, Texas driver’s license number, and current address,

c. Any person or persons not acceptable to the District shall be prohibited from working on the contract.

27. DISCLOSURE OF INTERESTED PARTIES: A Successful offeror shall provide a signed Form 1295 before any award of the contract by our Board of Trustees. The Texas Legislature adopted House Bill 1295 in 2015.

HB 1295 added Section 2252.908 to the Government Code. Under this law, any business entity that enters into a contract with SCUCISD that requires the approval of the Board of Trustees must submit a “Disclosure of Interested Parties” to the District prior to the execution of the contract. This form, the “Disclosure of Interested Parties” form was promulgated by the Texas Ethics Commission, and is the “Form 1295”.

For additional information, the Texas Ethics Commission’s website is: www.ethics.state.tx.us. The area of their website pertaining to Form 1295 is: www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.

28. TEXAS DATA PRIVACY AGREEMENT: A Successful offeror shall provide a Student Data Privacy Agreement upon notification of award. The Texas Student Privacy Alliance created a Common Student Data Privacy Agreement, which shall be used by all member schools when implementing any online application. By adopting such an agreement all vendors and schools have common expectations when entering into a relationship or implementation without having to renegotiate terms in every new instance. All vendors handling student data are expected to complete the agreement. A Sample Form can be found on our Purchasing Department website under Student Data Privacy Agreement.

29. DISPUTE RESOLUTION: The laws of the State of Texas shall govern this agreement and performance hereunder. The District and Contractor shall, as a condition precedent to filing any lawsuit arising from the performance of this Agreement, endeavor to resolve all claims, disputes, and other matters in question between them by mediation.

a. Request for mediation shall be in writing and shall request that the mediation commence not less than 30 or more than 90 days following the date of the request, except upon agreement of both parties.

b. In the event the District and the Contractor are unable to agree to a date for the mediation or to the identity of the mediator or mediators within 30 days following the date of the request for mediation, all conditions precedent in this article shall be deemed to have occurred.

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At all times during the course of any dispute resolution process, the Contractor shall continue diligently and without delay to perform the services and obligations of the Agreement

30. INVOICING: Send the original invoices to: Attention: Accounts Payable, Schertz Cibolo Universal City ISD 1060 Elbel Road Schertz, TX 78154

Electronic invoices may be sent via email: Finance@scucisd.org

a. Each invoice shall contain a minimum of the following information: invoice number and date; remittance address; "bill to" and "ship to" addresses; contract Purchase Order number (PO#); quantities; item descriptions, unit prices, and extensions; fees; and an invoice total.

b. For payment purposes, the contractor shall obtain PO # from the District for each separate order/invoicing. These are individually numbered for control purposes, and each separate order/invoicing will require a unique PO# to be issued to the Contractor by the District. If the PO# does not appear on the contractor's invoice, payment may be delayed.

31. PROHIBITION ON CONTRACTS WITH CERTAIN COMPANIES: Chapter 2252, of the Texas Government Code was amended to update state contract law to prohibit governmental entities from contracting with companies engaged in active business operations with Sudan, Iran, or a foreign terrorist organization. The intent of this change is to ensure that Texas taxpayers' dollars are not spent on companies engaged in business with other nation states or terrorist organizations that are anathema to the policy interests of the United States or the State of Texas.

32. Pursuant to Texas Government Code Chapter 2270, if this contract is valued at $100,000 or more and if the Contractor has at least ten (10) full time employees, then the Contractor, by its execution of this Agreement represents and warrants to the District that the Contractor does not boycott Israel and will not boycott Israel during the term of this Agreement. This section does not apply to a sole proprietorship.

33. COMPLIANCE: The Offeror shall comply with any and all federal, state and local laws, and District policies affecting the services covered by this solicitation. Such laws may include, but are not limited to the following:

a) Family Educational Rights and Privacy Act (FERPA); b) Protection of Pupil Rights amendment (PPRA);

and/or Health Insurance Portability and Accountability Act of 1996 (HIPPA).

34. PURSUANT TO TEXAS GOVERNMENT CODE CHAPTER 2274:

a. FIREARM ENTITY / TRADE ASSOCIATION NON-DISCRIMINATION: If the Contractor is not a sole proprietorship, has ten (10) or more employees, and the value of Contractor’s bid or proposal has a value of $100,000 or more, Contractor certifies by submitting Contractor’s bid or proposal that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, as defined by Texas Government Code Ann. Chapter 2274, and will not during the term of any contract with the DISTRICT, unless excepted from law.

b. ENERGY COMPANY BOYCOTT: As required by Texas Government Code Ann. Chapter 2274, if Contractor has ten (10) or more employees, is not a sole proprietorship, and if the value of Contractor’s bid or proposal has a value of $100,000 or more, Contractor certifies by submitting Contractor’s bid or proposal that it does not boycott energy companies and will not during the term of any contract with the DISTRICT, unless excepted by law.

35. SAFETY: Vendors, its subcontractors, and their respective employees shall comply fully with all applicable federal, state, and local safety and health laws, ordinances, rules and regulations in the performance of services under this Agreement, including, without limitation, those promulgated by the District and by the Occupational Safety and Health Administration (“OSHA”). All items must meet all applicable OSHA standards and regulations and all electrical items must bear the appropriate listing from UL, FMRC or NEMA. In case of conflict, the most stringent safety requirements shall govern. Vendor shall comply with all other safety guidelines and standards as required by the District, including Current Good Manufacturing Practices (cGMP’s),https://www.fda.gov/food/guidance-regulation-food-and-dietary-supplements/current-good-

Page 18 of 20 Schertz-Cibolo-Universal City ISD manufacturing-practices-cgmps-food-and-dietary-supplements. Product to be handled in accordance with the Federal Food and Drug Administration’s (FDA’s) Guidance for Industry. Vendor shall indemnify and hold the District, harmless from all claims, demands, suits, actions, judgements, fines, penalties, and liability of every kind arising from the breach of Vendor’s obligations under this provision.

36. INSURANCE

Certificate of Liability Insurance. Contractor shall maintain at least the insurance coverages specified below and shall provide to Owner, an insurance certificate listing the coverages before starting…