4-04. SPECIAL TERMS AND CONDITIONS.docx

Scottsdale Unified School District #48 Special Terms and Conditions

Purchasing Department 9313 N. 95th Way Scottsdale, AZ 85258 480-484-6151

RFP#: 27001

PROJECT: Security Guard Services

SPECIAL TERMS AND CONDITIONS

1. Purpose

Pursuant to provisions of the Arizona School District Procurement Rules, the District intends to establish a contract(s) for a Security Guard Services

2. Sufficient Funds

The District fully anticipates that sufficient funds will be available for this purchase. Any contract awarded under this proposal will be conditioned upon the availability of funds.

3. Insurance

Offeror agrees to maintain such insurance as will fully protect Offeror and the District from any and all claims under any workers’ compensation statute or unemployment compensation laws, and from any and all other claims of any kind or nature for damage to property or personal injury, including death, made by anyone, that may arise from work or other activities carried on, under, or facilitated by this Agreement, either by Offeror, its employees, or by anyone directly or indirectly engaged or employed by Offeror. Offeror agrees to maintain such automobile liability insurance as will fully protect Offeror and the District for bodily injury and property damage claims arising out of the ownership, maintenance or use of owned, hired or non-owned vehicles used by Offeror or its employees, while providing services to the District.

Successful Offeror will be required to provide proof of and maintain comprehensive general liability insurance with a limit of not less than $1,000,000 per occurrence and $1,000,000 aggregate coverage with a deductible of not more than $2,000 and naming the Scottsdale Unified School District No. 48 as an additional insured party.

Successful Offeror will be required to submit proof of and maintain Worker’s Compensation and Employer’s Liability Insurance as required by law.

Certificate of Insurance form should be included in Required Documents of Bonfire Requested Information.

4. Affordable Care Act

Offeror understands and agrees that is shall be solely responsible for compliance with the Patient Protection and Affordable Care Act, Public Law 111-148 and the Health Care and Education Reconciliation Act, Public Law 111-152 (collectively the Affordable Care Act “ACA”). Offeror shall bear sole responsibility for providing health care benefits for its employees who provide services to the District as required by state or federal law.

5. Licenses

The successful Offeror shall provide documentation of professional memberships, certifications, and licenses.

6. Fingerprint Requirements

Fingerprint clearance cards will be required for this contract.

7. Registered Sex Offender Restrictions

8. Multiple Award

Per A.A.C. R7-2-1042(A)(1)(c), the District reserves the right to make a multiple award to more than one Offeror. The School District shall award a contract by product to the responsible offeror whose proposal is determined in writing to be the most advantageous to the District based upon the factors set forth in the request for proposals. Offerors are not required to Bid on all items specified in this Solicitation.

9. Award Basis

In accordance with A.A.C. R7-2-1050, the successful Offeror will be determined by evaluation criteria including but not limited to pricing, or other incentives offered. The Scottsdale Unified District reserves the right to award as many term contracts for the services as may be in the best interest of the District. Awards will not be made based on price alone.

10. Term of Award

Per A.A.C. R7-2-1042(A.3.b), the District reserves the right to award a contract from date of Award and ending June 30, 2022. The District reserves the right to extend the contract for four additional one-year contracts ending June 30, 2026 providing services performed by the offeror are satisfactory to the District, and funding is available.

It is expected that Governing Board approval for this contract will be made on May 12, 2026.

11. Minimum

The volume of value of purchase under the resultant contract(s) is unknown. The District shall not be bound to purchase a minimum quantity during the contract period. The quantities listed are an estimated amount based upon documented usage. The District reserves the right to increase or decrease any estimated quantities.

12. Non-Exclusive Contract

Any contract resulting from this solicitation shall be awarded with the understanding and agreement that it is for the sole convenience of the District. The District reserves the rights to obtain like goods or services from other sources.

13. Local Representative

Offeror shall have a LOCAL field representative available at all times during the contract period.

14. Billing

All billing notices must be sent to each District’s Accounts Payable Department as shown on the purchase orders. All invoices shall identify the specific item(s) being billed. Any purchase order issued by Scottsdale Unified School District will refer to the RFP number of this solicitation.

15. Contract Payment Terms

Offerors must indicate the prompt payment terms that they will offer to the District (for example: 2/10 Net 30; 2/15 Net 30, etc.) At a minimum, payment terms shall comply with the requirements of A.R.S. Titles 35 and 41, Net 30 days.

16. Price Clause

Prices shall be firm for the term of the contract. Prices as stated must be complete for the services proposed and shall include all associated costs. DO NOT include sales tax on any item in the Proposal.

After initial contract term and prior to any contract renewal, the Scottsdale Unified School District will review fully documented requests for price increases and may at its sole option accept any changes or cancel from the contract those items concerned. The offeror shall likewise offer any published price reduction, during the contract period, to the District concurrent with its announcement to other customers. All price adjustments will be effective upon acceptance of the Scottsdale Unified School District

17. Procurement Methods

Services obtained under this Request for Proposal may be by Blanket Purchase Order, Specific Purchase Order, or Procurement Card. The percent discount for parts and the labor rate must remain the same no matter what purchasing method the District uses.

18. Cancellation

This contract can be canceled with a written notification of 30 days in advance of cancellation from either party. The contract may be terminated by either party prior to the expiration date upon thirty (30) days written notice to the other party. Cancellation of the contract shall not relieve the contractor of responsibility for satisfaction of all work that should have been done up to the last day of the contract. In the event of termination of the contract, the firm will comply immediately and provide the best necessary effort to transfer records and historical data to the District.

19. Authority This solicitation as well as any resulting contract is issued under the authority of the Governing Board and managed under the Superintendent. No alteration or any resulting contract may be made without the express written approval of the District in the form of an official contract amendment. Any attempt to alter any contract without such approval is a violation of the contract and the School District Procurement Rules. Any such action is subject to legal and contractual remedies available to the District inclusive of, but not limited to, contract cancellation, suspension, and/or debarment of the vendor. The Superintendent shall ensure that all aspects of bidding and purchasing procedures conform to federal and state laws, rules, and regulations. Administrative regulations shall be established to assure the District is in full compliance, including contracting with small and minority businesses, women’s business enterprises, and labor surplus area firms. (2 C.F.R 200.321)

20. Lobbying Offerors are hereby advised that lobbying is not permitted with any District personnel or Board Members related to or involved with this IFB until the administration’s recommendation for award has been posted in the District’s Board minutes. All oral or written inquiries must be directed through the Purchasing Department. Lobbying is defined as “any action taken by an individual, firm, association, joint venture, partnership, syndicate, corporation, and all other groups who seek to influence the Governmental Decision of a Board Member or ANY District Personnel after release and prior to the award of this contract by all entities.” Any Offeror or any individuals that lobby on behalf of Offeror during the time specified will result in the rejection and disqualification of said offer.

21. Offeror’s Employees Offeror agrees that it is solely responsible for its own acts and omissions and for those of its employees and that Offeror and any employees working for Offeror are the sole responsibility of Offeror for the purposes of any and all legal requirements, including, but not limited to, obligations and liabilities in the following areas:

A. Workers’ Compensation Insurance B. Federal and State Unemployment Taxes C. Federal and State Withholding and Reporting Requirements D. Unemployment Compensation Insurance E. Federal, State, and Local Employment Laws

Offeror agrees that it or its employees are not entitled to any benefits or protections that accrue from an employment relationship with the District, including, but not limited to, health insurance, life insurance, due process rights, and/or vacation/holiday pay. In compliance with all applicable laws, the Offeror shall, at no charge to the District, conduct drug/alcohol testing, fingerprint checks, reference checks and background checks of each individual who will perform services for the District to ascertain that there is no history of behavior that would make the individual unsuitable to work with children or work in a school setting. These checks must be completed before the individual provides any services to the Member. The fingerprint and background checks will be conducted in accordance with applicable laws, including current Arizona Revised Statutes § 15-512 and/or 15-534, as applicable. Per Arizona Revised Statutes § 23-263 contractor is required to pay each employee wages not less than the applicable minimum wage for each hour worked subject to Arizona’s minimum wage laws, Minimum wage must be paid for all hours worked, regardless of the frequency of payment and regardless of whether the wage is paid on an hourly, salaried, commissioned, piece rate, or any other basis.

22. Equal Employment Opportunity

The Contractor shall comply with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapters 60).

23. Responsibility of Offerors

The District will consider the following factors in determining if an Offeror is responsible:

24. Key Personnel

It is essential that the firm provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this contract. The firm must agree to assign specific individuals to the key positions. Firm agrees that, once assigned to work under this contract, key personnel shall not be removed or replaced without written notice to the District. If key personnel are not available for work under this contract, for a continuous period exceeding 3 calendar days, or are expected to devote substantially less effort to the work than initially anticipated, the firm shall immediately notify the District, and shall, subject to the concurrence of the District, replace such personnel with personnel with personnel of substantially equal ability and qualifications.

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