8-District TPA Schedules A A1.docx

CLARK COUNTY SCHOOL DISTRICT

Textbook Master Price Agreement 24004TLH Biology and Honors Biology Textbook Adoptions

THIS PRICE AGREEMENT is made and entered into by and between the Clark County School District, herein referred to as District or Purchaser and (Supplier Name), hereinafter referred to as Provider, Publisher, or Supplier, who mutually agree as follows:

1. The term of this agreement for (Description of materials) shall be seven years from July 1, 2026 to June 30, 2033. After completion of the fourth year of adoption, the Provider may request a one-time price increase for the remaining three years of the adoption period at a price not more than the current price being charged to other school districts.

2. Provider agrees to provide textbooks, related support materials, and services pursuant to prices set forth in Schedules A and A.1 of this agreement. Provider certifies that the prices set forth in Schedule A/A.1 represents the lowest price Provider has charged for the same textbook, related support materials and services anywhere in the continental United States to meet the standards of “most favored nations” clause. If at any time during the life of this agreement, lower prices are utilized, Provider agrees to immediately disclose this information to Purchaser and modify the agreed price (Schedule A/A.1) to reflect the lower amount.

3. Depository(s) will be designated by the District. Unless otherwise directed by the District the Depository (s) shall serve as the delivery location with all shipments being made FOB Destination, Freight Prepaid as specified by the District. The District and Provider also agree, purchases may be made direct from the Provider.

4. Provider agrees to: (a) furnish and make available for sale at all times throughout the terms of this agreement, sufficient quantities of the materials and related services to supply the needs of Purchaser, and (b) pay a delay of delivery fee at the rate of one percent (1%) per day of the undelivered portion of the order amount, if the Provider fails to deliver within 45-days of receipt of order, unless otherwise agreed. The total penalty for any delivery shall not exceed the value of the undelivered portion of the order amount.

5. In cases where the Purchaser agrees to include a more recent copyright (“compatibility”) for an adopted textbook and support materials at the request of Provider, the original agreed price shall prevail for the life of the agreement for both the original and compatible materials.

6. Provider agrees that textbooks and designated support materials will be equal or superior to the sample(s) furnished for evaluation purpose to the Purchaser in printing, binding, quality of paper and other essential features. Provider agrees to replace any textbook and/or support material that fails, because it is not equal in quality to the sample of same item deposited by Provider with Purchaser. Such replacement will be at Provider’s expense including all related shipping charges.

7. Provider agrees to provide appropriate staff development and/or services as reasonably requested by any individual school, in accordance with Provider’s standard practices with respect to providing such types of services and support. Additional services exceeding the Provider’s standard practices are annotated in Schedule A.1 of this agreement.

8. Purchaser agrees that books and related support materials set forth in Schedules A and A.1 may be purchased for use as textbooks in the District for the term of this agreement.

9. Provider agrees to indemnify and save and hold the District, its agents and employees harmless from any and all claims, causes of action or liability arising from the failure of the performance of this agreement by Provider or its agents, employees, or subcontractors.

10. If sufficient cause exists for Purchaser to change or revoke this agreement, such change or revocation will not be considered a breach of the agreement, and the Purchaser may terminate the agreement without termination charge or penalty upon issue of written notification to Provider stating the reasons for such determination. Sufficient causes may include; for example, performance of an interim adoption, revision of curriculum, revocation of a textbook adoption, lack of funds, cultural and/or racial diversity standards, and subversive or sectarian content. Provider guarantees that there is no subversive or sectarian doctrine, as determined by the laws of Nevada and the United States, in any of the textbooks covered by this agreement.

11. Notwithstanding any provision of Paragraph 1 to the contrary, Purchaser shall not terminate this agreement based on a claim that Provider has failed to satisfactorily perform a material obligation on its part, unless Purchaser first gives Provider not less than thirty (30) days prior written notice that Purchaser intends to terminate this agreement and the reasons for such termination, and Provider does not cure such specified performance failure to Purchaser’s satisfaction prior to the expiration of the such 30 day cure period. If Provider fails to cure the specified performance failure during such period, then termination of this agreement shall be effective at the end of the 30 day period.

12. The Provider understands the Purchaser may make available to all Nevada School District, a copy of this executed agreement including Schedules A and A.1.

CLARK COUNTY SCHOOL DISTRICT:

PUBLISHING COMPANY:

Purchasing Administrator

Authorized Company Representative

Print Name and Title

Print Name and Title

Date

Address

Phone Number

Fax Number

Email Address

Date

Page 1 of 4 – Revision Date February 1, 2018

SCHEDULE A

Material Description Sheet

Las Vegas, NV 89121 PH: 702-799-5225 ext. 5471 Contract Period: From: July 1, 2026 To: June 30, 2033

FAX: 702-799-5504

Publisher

Subject Area

Readability Level (Identify Formula)

Series Name (if any)

Title(s) of Text NOTE: Please use a separate form for each grade level. List text on Schedule A Text Materials Bid Sheet and supplements on A.1 Supplementary Materials Bid Sheet.

Main Author ISBN Number AND Publisher Catalog Number

Copy Right

School Price

SCHEDULE A.1

Supplemental Materials and Service Description

Las Vegas, NV 89121 PH: 702-799-5225 ext. 5471 Contract Period: From: July 1, 2026 To: June 30, 2033

FAX: 702-799-5504

Publisher

Subject Area

Series Name (if any)

Title of Corresponding Text(s) and Description of Services

Publisher Catalog Number

Price