9-824-25-26 INTERSESSION-SUMMER EDUCATION.pdf

ELK GROVE UNIFIED SCHOOL DISTRICT

Request for Qualification/Proposal No. 824-25/26

INTERSESSION SUMMER EDUCATION

Proposal Due Date February 6, 2026, by 4:00 P.M. PST

Destiny Gutierrez Purchasing Department

8431 Gerber Rd., 2nd Floor.

Sacramento, CA 95828 Phone: (916) 686-7773

Email: degutier@egusd.net mailto:kgarcia@egusd.net

Elk Grove Unified School District RFQ/P #824-25/26 Instructions for Bidders Page 2 of 17

ELK GROVE UNIFIED SCHOOL DISTRICT

LEGAL NOTICE

NOTICE TO BIDDERS

NOTICE IS HEREBY GIVEN THAT the Board of Education of the Elk Grove Unified School District, County of Sacramento, State of California, will receive sealed Requests for Qualification/Proposals (RFQ/Ps) up to but no later than FEBRUARY 6, 2026, at 4:00 P.M. PST. for:

RFQ/P #824-25/26 INTERSESSION SUMMER EDUCATION

The RFQ/P must be obtained, submitted, and received electronically online through the EGUSD online Bonfire Procurement Portal at https://egusd.bonfirehub.com.

RFQ/Ps will not be opened or read publicly and will be opened in accordance with the procedures set forth in Public Contract Code Sections 20112 and 1601.

The District reserves the right to reject any and all RFQ/Ps received in whole or part, to waive any irregularities in the RFQ/Ps, and to be the sole judge of the suitability of products and services being offered.

For assistance, please contact Destiny Gutierrez at degutier@egusd.net or by phone at (916) 686-7773.

Brad Minami Director, Purchasing & Warehouse Elk Grove Unified School District

Publish: January 16, 2026, and January 23, 2026 https://egusd.bonfirehub.com/ mailto:kgarcia@egusd.net

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1. PROVIDER TERMS

You/Your: Terms that refer to businesses/individuals submitting a response. The term may apply differently, as the context will indicate.

• Program Provider - A business entity, supplier, or vendor providing services.

• Proposer - A business entity submitting a response to this proposal. Suppliers who may express interest in this proposal, but do not submit a reply, have no obligations concerning the proposal requirements.

• Contractor/Partner - The Proposer(s) whose response to this proposal is evaluated as meeting the needs of the District. The contractor/Partner will be selected for award and enter into a contract(s) to provide the services described in this proposal.

• Contractor's Employee - All persons can be offered to provide the services described in the proposal. All

Contractor employees shall be covered by the insurance programs generally provided to persons employed by a company (ex, Worker's Comp, SDI, etc.).

2. RFQ/P OVERVIEW

The Elk Grove Unified School District (District) is looking for Program Providers to deliver an expanded learning day to our students during intersession/summer school across all District elementary school sites.

The intersession programs will be at the District's year-round elementary school sites and will run throughout the year for one week at a time.

The summer programs will be at the District's traditional and modified traditional school sites and will run throughout the summer months.

The District seeks Program Providers with proven track records to independently operate all aspects of a program, primarily focusing on hiring high-quality employees who are trained and committed to the work.

We seek Program Providers who focus on developing our students' academic, social, emotional, health, and physical needs and interests through hands-on, engaging learning experiences aligned with District teaching and learning priorities. Specifically, we would like our providers to include cooking opportunities, SEL activities, well-being movement, mindfulness activities, art, music, STEAM (science, technology, engineering, art, and mathematics) activities, extension, and/or intervention opportunities aligned with the District's Strategic Directions.

The District will select the Program Provider(s) most qualified to meet or exceed the District’s requirements.

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3. BACKGROUND

The Expanded Learning Opportunities Program (ELO-P) provides funding for after-school and summer school enrichment programs for transitional kindergarten through sixth grade.

“Expanded learning” means before-school, after-school, summer, or intersession learning programs that focus on developing the academic, social, emotional, and physical needs and interests of pupils through hands-on, engaging learning experiences. It is the intent of the Legislature that expanded learning programs are pupil-centered, results-driven, include community partners, and complement, but do not replicate, learning activities in the regular school day and school year. (https://www.cde.ca.gov/ls/ex/elopinfo.asp)

The ELO-P requires the district to provide intersession and summer opportunities for a minimum of 30 days beyond the regular school year. Elk Grove Unified School District has 20 elementary schools on a year-round calendar that will provide intersession opportunities for one week each month to support students who are off track. Additional opportunities will exist for sites on a traditional or modified traditional schedule to extend summer supports.

The District is the fourth largest school district in California, covering 320 square miles in southern Sacramento County that includes urban, suburban, and rural communities. The District serves a culturally, linguistically, economically, and geographically diverse student population. More than 63,000 students attend 68 schools:

forty-four elementary schools, nine middle schools, nine comprehensive high schools, five alternative education schools, one charter school, a virtual academy, one special education school, and one adult education school.

4. SCOPE OF SERVICE REQUIREMENTS

Below is a description of the District’s needs and requirements. The District wants to understand your firm’s full offering and fairly evaluate all proposals. If you can serve grades TK-6 and serve EL and Special Education students and have successfully provided such programs for school districts of similar size and student population, please describe this in your proposal and include references/points of contact. In your proposal, please clearly identify the services you will be providing and discuss how your firm will meet or exceed the District’s expectations:

• Elk Grove Unified School District needs expanded learning intersession services for grades TK-6.

• The program objective is to provide a 20:1, students to staff, in grades 1-6.

• Transitional kindergarten and kindergarten will be staffed 10:1.

• Each of the intersession programs will anticipate 20 students per class.

• Each of the summer school/30-day camp programs will anticipate 100 students.

• All students will be able to register for intersession or summer programs.

• Intersession is to be provided during the school track breaks, Monday- Friday, 8:00 a.m. – 2:30 p.m. PST, based on the school site bell schedule (time subject to change).

o Intersession at year-round sites includes:

o Week-long sessions are offered while students are off track on a year-round campus.

o Sessions are offered every month of the year for 5 days at a time to provide opportunities for all grade levels and tracks.

o Intersessions are expected to take place on 20 of the 44 elementary campuses and are scheduled throughout the school year.

https://www.cde.ca.gov/ls/ex/elopinfo.asp

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• Summer, fall, winter, or spring camps will be scheduled for students from all elementary campuses, but may be offered at regional school site locations.

o Summer programs may be scheduled for full days (8:00 a.m. - 5:30 p.m.) or partial days (12:00 p.m.

- 5:30 p.m.), depending upon interest and availability of teachers to support the morning program.

• Vendors must provide a program that includes the following:

o Enrichment activities such as music, art, dance, and STEM.

o Academic support, tutoring, or literacy.

o Physical activity/games with an SEL focus.

• The curriculum shall be subject to review and approval by district staff.

• The Contractor must provide two staff members for the following grade spans:

o TK/K

• The Contractor must provide one staff member for each of the following grade spans:

o 1st/2nd o 3rd/4th o 5th/6th

• The Contractor will provide a program manager who will collaborate with the District on continuous improvement.

• The Contractor is responsible for providing substitutes when staff are absent.

• The Contractor must provide daily attendance reports to the site Principal and district administrators (at the conclusion of each day of intersession).

• All staff must meet the minimum requirement for an instructional aide as defined by Elk Grove Unified

School District.

• All staff must be fingerprinted and cleared by the Contractor through the Department of Justice and the FBI before working with students.

• All staff will be trained as mandated reporters for suspected child abuse.

• Staff will report any concerns related to abuse, self-injury, bullying, and suicidal ideation to designated district personnel.

• Invoices must include the number of students served based on daily attendance. Payment will only be made after services have been rendered.

5. RFQ/P CONTACT

All inquiries regarding this RFQ/P must be submitted in writing to the EGUSD Online Bonfire Procurement Portal:

https://egusd.bonfirehub.com for the subject RFQ/P. Questions will be received no later than 4:00 PM/PST on January 28, 2026. Any interpretations, changes, additions, or deletions will be made only by an addendum duly issued, and a copy of such addendum will be posted at https://egusd.bonfirehub.com.

6. AGREEMENT PERIOD

Any agreement resulting from this RFQ/P shall be for an initial term upon Board approval. The District reserves the right, upon mutual agreement, to extend any resulting agreement(s) for four (4) additional one (1) year terms at the same terms and conditions as the original agreement.

Initial Term: March 16, 2026, through June 30, 2027

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Renewals:

Agreement may be renewed if deemed to be in the best interest of the District:

July 1, 2027 – June 30, 2028, will be considered year two.

July 1, 2028 – June 30, 2029, will be considered year three.

July 1, 2029 – June 30, 2030, will be considered year four.

July 1, 2030 – March 15, 2031, will be considered year five.

A. The District shall retain the right to add, delete, or change products purchased under an awarded Agreement and may do so upon giving a thirty (30) day written notification to the Provider. If these changes cause an increase or a reduction in the cost of an awarded Agreement, said cost shall be readjusted and, when agreed upon, incorporated into an awarded Agreement. The agreement is contingent upon Board of Education approval.

B. This RFQ/P is not an offer by the District to enter into a contract under these or any other terms.

Acceptance of a proposal neither commits the District to award a contract to any Bidder, even if all requirements stated in this RFQ/P are satisfied, nor limits the District's right to negotiate in its best interest. The District reserves the right to reject all proposals and not decide or to contract for only a portion of the project. All costs for proposal preparation are the responsibility of the Bidder.

C. Pricing shall remain in effect throughout the initial term of the contract. The provider may negotiate pricing for subsequent extension terms after the initial term. All proposed increases shall be submitted in writing to the Director of Purchasing at least sixty (60) days prior to the expiration of the contract term. The provider must provide documentation in support of the request. Price increases accepted by the District will remain the same for the entirety of the extended term.

7. DOCUMENTS TO BE INCLUDED IN PROPOSAL PACKAGE

Indicate a (√) next to each item that the document has been included in your proposal.

DOCUMENT TITLE (√)

Cover Letter (A brief general statement of interest, along with the contact information for anyone assigned to the District)

Appendix A - Non-Collusion Declaration Appendix B – Information Required Appendix C – Notice & Certification of Contractor of Valid Criminal Records Summary Appendix D – Pupil Records Rider or Digital Storage and/or Digital Education Software Contracts

Appendix E - Proposer Qualifications (Response to be provided in the same sequence as questions being asked)

Appendix F – Proposer References Appendix G – W9 Appendix H – RFQ/P Form Signature Page Appendix I – Proposer Price Schedule (Provided by Proposer) Addendum(s) – If Applicable, Signed & Dated

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All RFQ/P responses must be submitted electronically, exclusively through the District's designated online procurement portal located at https://egusd.bonfirehub.com.

Submissions received by facsimile, email, mail, courier service, or any other method will be rejected and returned unopened.

8. SCHEDULED DATES

DESCRIPTION DATE(S)

Release and Issuance of the Request for Proposal (RFQ/P) January 16, 2026 Dates Advertised January 16, 2026 & January 23, 2026 Last Day to Submit Questions by 4:00 PM/PST/PDT January 28, 2026 Proposals Due by 4:00 PM PST/PDT February 6, 2026 Board Meeting Date March 3, 2026 Initial Contract Term March 16, 2026

THESE DATES MAY BE CHANGED BY THE DISTRICT AS NEEDED.

RFQ/P responses shall be sealed and delivered to:

https://egusd.bonfirehub.com

9. EVALUATION MATRIX

All proposals received by the specified deadline will be reviewed by the Evaluation Committee for content, proposed price and service cost, and capabilities of the Proposer. After the initial screening, the Evaluation Committee may shortlist, for further evaluation, those Proposers deemed most qualified based on a review of the proposals. Interviews and demonstrations may be conducted with one or more Proposers as part of the final selection process. Proposers are advised that the District, at its option, may award an agreement strictly on the basis of the initial proposals.

The District is interested in awarding to the Provider whose offer, in total, presents the greatest value, in our view, to the District 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 the District. Thus, the result will not be determined by price alone. The provider shall submit information sufficient for the District to easily evaluate proposals with respect to the selection criteria. The absence of required information may cause the Proposal to be deemed non-responsive and may be a cause for rejection. Non-selection of any proposal will mean that another acceptable proposal was deemed to be more advantageous to the District or that no proposal was accepted. Respondents whose proposals are not accepted will be notified by the District.

CRITERIA POINTS

Program Design 15 Elements of High-Quality Programming 20 Organizational Focus 20 Project Evaluation 15 Success and Sustainability 20 Budget Form Pass/No Pass Budget Narrative 10 References (Appendix F) Pass/No Pass TOTAL SCORE (Evaluated only if budget passes) 100

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A. The evaluation committee may elect to interview the Proposer(s) if the evaluation committee considers it necessary or desirable. Some of the top-scoring Proposer(s) may be invited to interview. If the evaluation committee conducts interviews, the interview process will be used to supplement and clarify the information contained in the proposal.

B. Based upon proposal scoring, as modified by the interview, and the results of the reference checks, the Proposer will be given a final score by the evaluation committee. The final score will be provided to the District for a final decision to award a contract.

C. Details about the interviews and the desired content will be issued to those firms invited to interview.

D. Such interviews and any presentation materials will be at the proposer's expense.

A notification of intent to award may be sent to any Proposer selected. The award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an agreement is reached. If contract negotiations cannot be concluded successfully, the District may negotiate a contract with the next highest scoring Proposer or withdraw the RFQ/P.

Agreement is contingent upon Board of Education approval.

10. BASIS OF AWARD

The responsiveness, competency, and responsibility of the Proposer and of their proposed subcontractors will be considered in making the award of the agreement. Any Proposer, before being awarded an agreement, may be required to furnish evidence satisfactory to the District that the Proposer and their proposed subcontractors have sufficient means and experience in the type of work called for to assure completion of the award agreement in a satisfactory manner. The District reserves the right to reject the proposal of any Proposer as not responsible and not qualified to do the particular work under consideration, who has previously failed to perform properly or to complete on time award agreements with a District(s) of similar size to this project.

Other factors that may be considered by the District to determine a responsible proposal and the overall capability of the Proposer to satisfactorily complete the work under consideration may include, but are not limited to: insufficient experience, experience on other public projects, experience doing the same type of work, length of tenure and capacity with bonding or insurance company, financial stability, and whether a Proposer has been terminated on other projects.

A responsive proposal is one that meets all terms, conditions, and specifications of the RFQ/P. The proposal must comply with the content requirements of the RFQ/P documents. The Proposer must perform and do what is required by the RFQ/P documents, whether it be pricing in a certain way, attending a mandatory pre-proposal conference, providing bonds, etc. Other examples where a proposal might be declared and found to be non-responsive include:

A. proposal is substantially incomplete, B. The proposal is not signed.

C. The proposal is delivered late.

D. no acknowledgement of critical addenda, E. Significant discrepancies appear in the response.

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A responsive proposal conforms to RFQ/P specifications. However, a proposal that substantially conforms, though not strictly responsive, to a call for proposals may be accepted if the variance cannot have affected the amount of the RFQ/P or given a Proposer an advantage or benefit not allowed to other Proposers or, in other words, if the variance is inconsequential. The District reserves the right to reject any and all RFQ/Ps or alternatives and waive any informality or irregularity in the RFQ/P or in the Proposal and to determine the responsiveness and responsibility of the Proposer, including but not limited to those areas mentioned above.

Proposals will be considered valid for a period of ninety (90) calendar days after the RFQ/P closing date above.

11. SUBMITTAL

All Proposers submitting an RFQ/P shall be responsible for familiarizing themselves with the conditions and requirements of the RFQ/P before submitting their proposal.

12. SPECIFICATIONS

Proposers shall thoroughly examine and be familiar with the specifications. The failure or omission of any Proposer to receive or examine any form, instrument, addendum, or other document or become acquainted with all existing conditions shall in no way relieve any Proposer from any obligations with respect to the Proposer’s offer or the award agreement. The submission of an RFQ/P shall be taken as prima facie evidence of compliance with this section.

13. PUBLIC RECORD

All RFQ/Ps become the property of the District. All RFQ/Ps, including the accepted RFQ/P and any subsequent award contract, become public records per the requirements of the California Government Code, Sections 6250- 6270, and the “California Public Records Act”. Bidders submitting Proprietary information shall mark the information as such. The pricing and service elements of the successful RFQ/P are not considered proprietary information.

The District will treat all information submitted in an RFQ/P as available for public inspection once the District has an award contract finalized with the selected Bidder. If you believe that you have a legally justifiable basis under the California Public Records Act (Government Section 6250 et. seq.) for protecting the confidentiality of any information contained within your RFQ/P, you must identify any such information, together with the legal basis of your claim, in your RFQ/P. The Bidder agrees to defend and indemnify the District for any liability, costs, and expenses incurred in asserting such confidentiality as part of your RFQ/P. The final determination as to whether the District will assert your claim of confidentiality on your behalf shall be the sole discretion of the District.

14. ERRORS AND CORRECTIONS

Proposers submitting an RFQ/P are responsible for checking carefully all conditions and specifications. The District will not be responsible for any error or omissions on the part of the Proposer submitting an RFQ/P in making an RFQ/P. No erasures are permitted. Mistakes may be crossed out and corrections made adjacent and must be initialed in ink by the person signing the RFQ/P. Verify your RFQ/P before submission, as they cannot be withdrawn or corrected after being opened.

15. PERMITS & LICENSES

Proposer, and all of Proposer’s sub-providers, at its and/or their sole expense, shall obtain and maintain during the term of any agreement, all appropriate permits, certificates, and licenses, including, but not limited to, a City Business License, which will be required in connection with the performance of services hereunder.

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16. ADDENDUM

Discrepancies in and omissions from the RFQ/P documents or questions as to their meaning shall, at once, be brought to the attention of the District, in writing through the EGUSD Online Bonfire Procurement Portal, prior to the end date and time for questions. Any interpretations, changes, additions, or deletions will be made only by addendum duly issued, and a copy of such addenda will be posted at https://egusd.bonfirehub.com. The District will not be responsible for any other interpretations or changes. Any addendum(s) issued must be signed and returned with other RFQ/P response documents at the time and date set for the RFQ/P opening. It is the Bidder’s responsibility to indicate acknowledgment, sign, and return addenda with their response.

17. WITHDRAWAL OF RFQ/P

Any Bidder submitting an RFQ/P may withdraw their RFQ/P electronically online before the RFQ/P opening. A bidder may not withdraw their RFQ/P after the closing date and time.

18. EQUAL RFQ/P

The District hereby reserves the right to issue multiple awards to those Proposers submitting an RFQ/P. The decision of the District shall be final. In the event of equal RFQ/Ps, the award shall be made to the bidder located within the State of California, the County of Sacramento, and with whom the Purchasing Department of the District has had satisfactory business relationships, in the order named.

19. COST OF RFQ/P PREPARATION

The cost of preparation of the response to this Invitation for RFQ/P is solely the responsibility of the Proposer submitting an RFQ/P. The District accepts or implies no liability for the cost of preparation.

20. AWARD OF RFQ/P

The District realizes that the products of various manufacturers/suppliers invited to quote are proprietary in nature and differ considerably in concept, design, structure, methods, and materials of fabrication and finish.

Although the District reserves the right to reject any and all RFQ/Ps or to waive any irregularities or informalities in any RFQ/P, the award will be made to the responsible Proposer submitting an RFQ/P whose RFQ/P represents, in the District’s evaluation and judgment, the most advantageous combination of value to be delivered per dollar.

21. PREVIOUS PERFORMANCE

Proposers submitting an RFQ/P are advised that the District reserves the right to reject an RFQ/P from a Proposer submitting an RFQ/P that cannot demonstrate the ability to provide the services required. Past service and delivery performance with a similar-sized organization and scope of work is a factor in the determination of award against this RFQ/P. Proposers submitting an RFQ/P past performance practices and service to the District will be examined. Proposers submitting an RFQ/P who have demonstrated unsatisfactory performance will be subject to disqualification as a responsible Proposer submitting an RFQ/P, thereby disqualifying the Proposer submitting an RFQ/P from an awarded agreement.

22. COMPETENCY OF PROPOSERS SUBMITTING AN RFQ/P

No RFQ/P will be accepted from or awarded agreement to a Proposer who is not licensed in accordance with the law, to whom a proposal form has not been issued by the District, and who has successfully performed on projects of similar character and scope to the proposed work. A representative of the District, prior to an award

Instructions for Bidders Page 11 of 17 agreement, may examine the business premises of any Proposer submitting an RFQ/P. Proposers submitting an RFQ/P shall agree to fully comply with all City, State, and Federal laws, regulations, and ordinances governing performance of the awarded agreement. It will be the responsibility of the Proposer to obtain any clearances necessary for the completion of the award agreement.

23. STAFFING RESTRICTIONS

The District has the right to request the removal of a Contractor employee at any time and for any reason. The Contractor shall immediately comply and shall not reassign that employee to the District under any circumstances. It is understood that the removal from the District in no way affects the employment status of that employee with the Contractor. If the Contractor removes or reassigns any employee from the District to another location under normal circumstances, the Contractor shall apprise the District of this removal prior to it taking place. If the Contractor removes an employee from the District without prior notice due to unacceptable job performance, the District is to be advised of the full particulars on the next normal business day. If this occurs during normal business hours, the District is to be advised immediately.

24. PROPOSER QUALIFICATIONS

In order to fulfill the necessary qualifications for providing the District with Intersession/Summer Services, the proposer shall affirm that:

A. Proposer's employees are U.S. Citizens or with proper work authorization at least eighteen (18) years of age, with no prior felony convictions (per Ed. Code §§44009, 44010, and 44011).

B. The proposer is currently servicing a California school district and shall have done so in each of the past five (5) years, three (3) years of which include servicing a school district of 20,000+ ADA or a combination of an elementary and a high school district totaling 20,000+ ADA.

25. RIGHT TO REJECT PROPOSALS

The District reserves the right to reject any and all proposals, or any part of a proposal; to waive minor defects or technicalities; or to solicit new proposals on the same project or modified project, which may include portions of the original RFQ/P document, as the District may deem necessary and in its best interest. False, incomplete, or unresponsive statements in connection with a submitted proposal may be sufficient cause for rejection. The District will be the sole judge in making such determinations.

26. INSURANCE

Contractor shall, at his, her, or its sole cost and expense, maintain in full force and effect, during the term of this Agreement, the following insurance coverage from a California licensed and/or admitted insurer with an A minus (A-), VII, or better rating from A.M. Best, sufficient to cover any claims, damages, liabilities, costs and expenses (including counsel fees) arising out of or in connection with Contractor's fulfillment of any of its obligations under this Agreement or either party's use of the work or any component or part thereof:

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PART I – INSURANCE REQUIREMENTS

A. Commercial General Liability, including both bodily injury and property damage, with limits as follows:

• $2,000,000 per occurrence

• $500,000 fire damage

• $5,000 medical expenses

• $1,000,000 personal & adv. Injury

• $4,000,000 general aggregate

• $2,000,000 products/completed operations aggregate.

The policy may not exclude coverage for claims arising from or relating to claims for sexual molestation or abuse. The Contractor must provide proof that the Contractor’s Commercial General Liability Insurance covers claims for sexual molestation or abuse. In the event that Contractor’s policy should have an exclusion for sexual molestation or abuse claims, then Contractor shall be required to procure a supplemental policy providing such coverage and provide proof thereof.

Contractor that has any employee(s) who interacts with students outside of the immediate supervision and control of the student’s parent or guardian or a District/school employee, shall have sexual molestation and abuse coverage limits with a minimum coverage of $2,000,000 per occurrence and $4,000,000 general aggregate. The supplemental policy providing coverage for sexual molestation or abuse claims shall name the District and the Board of Education as named additional insureds. Any endorsements issued for the supplemental policy shall also apply to and provide coverage to the District.

Certificates of Insurance, additional insured endorsement, and declaration of insurance coverages shall be provided to the District. All premiums on all insurance policies shall be paid by the Contractor and shall be deemed included in the Contractor’s obligations under this contract at no additional charge.

For any claims related to the services contracted for under this Agreement, the Contractor’s insurance coverage, including any supplemental policy covering sexual molestation and abuse claims, shall be primary insurance with respect to the District, its subsidiaries, officials, and employees. Any insurance or self-insurance maintained by the District, its subsidiaries, officials, and employees shall be in excess of the Contractor's insurance and shall not contribute to it.

B. Sexual Abuse and Molestation, coverage must be included under General Liability or obtained in a separate policy and identified under “Other” coverage of Certificate of Insurance or by indicating in Description of Operations/Special Provisions that Sexual Abuse/Molestation coverage is not excluded, and provide policy exclusion pages. If Sexual Abuse/Molestation coverage is added by Endorsement to the General Liability policy, must provide proof of Endorsement. Such coverage shall be in an amount of not less than the following limits:

• $2,000,000 per occurrence

• $4,000,000 general aggregate

C. Commercial Auto Liability, Insurance for all owned, non-owned, or hired automobiles with a $1,000,000 combined single limit. If no owned automobiles, then only hired and non-owned is required. If the Contractor uses a vehicle to travel to/from school sites, between schools, and/or to/from students’ homes or other locations as approved service locations by the District, the Contractor must comply with State of California auto insurance requirements.

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D. Workers’ Compensation and Employers Liability, Insurance in accordance with provisions of California Labor Code sections 3200 et seq., adequate to protect Contractor from claims that may arise from its operations pursuant to the California Workers’ Compensation Insurance and Safety Act and in accordance with applicable state and Federal laws.

• Part A – Statutory Limits

• Part B – $1,000,000/$1,000,000/$1,000,000 Employers Liability

Contractor, upon execution of this Contract and periodically thereafter upon request, shall furnish the District with certificates of insurance evidencing such coverage. The certificate of insurance shall include a ten (10) day non-renewal notice provision. The Commercial General Liability and Automobile Liability policy shall name the District and the Board of Education as named additional insureds and shall be endorsed on all policies. Certificate of Insurance, additional insured endorsement, and declaration of insurance coverages shall be provided to the District. All premiums on all insurance policies shall be paid by the Contractor and shall be deemed included in the Contractor’s obligations under this contract at no additional charge.

Any deductibles or self-insured retentions above $100,000 must be disclosed to and approved by the District.

At its option, District may require the Contractor, at the Contractor’s sole cost, to: (a) cause its insurer to reduce to levels specified by the District or eliminate such deductibles or self-insured retentions with respect to the District, its officials and employees, or (b) procure a bond guaranteeing payment of losses and related investigation.

For any claims related to the services contracted for under this Agreement, the Contractor’s insurance coverage shall be primary insurance with respect to the District, its subsidiaries, officials, and employees. Any insurance or self-insurance maintained by the District, its subsidiaries, officials, and employees shall be in excess of the Contractor's insurance and shall not contribute to it.

All Certificates of Insurance may reference the contract number, name of the school or agency submitting the certificate, and the location of the school or agency submitting the certificate on the certificate.

27. FAILURE TO PROVIDE EVIDENCE OF INSURANCE, POST SECURITY, OR EXECUTE CONTRACT

In the event the bidder to whom a notice of intent to award a contract is given, fails or refuses to provide the certificates of insurance, required bonds, or return properly executed copies of the contract within seven (7) calendar days from the date of receiving said notice, the District may declare the Contractor as nonresponsive to this solicitation and re-issue a notice of intent to award a contract to the next lowest responsive and responsible bidder, or may call for new bids.

28. INDEMNIFICATION AND HOLD HARMLESS

Contractor agrees to defend, indemnify, save, and hold harmless the District and any of their governing bodies, the individuals, thereof, and all officers, agents, employees, representatives, and volunteers from all loss, cost, and expense (including, but not by way of limitation, attorneys’ fees and other related legal costs) arising out of any liability or claim of liability for injury, damage, or loss sustained or claimed to have been sustained arising out of, or occurring as a result of the Bidder’s performance or failure to perform services under this RFQ/P, or resulting from or in any way directly or indirectly connected with the performance or nonperformance of the District, pertaining to this RFQ/P. Bidder further agrees to waive all rights of subrogation against the District and shall pay for any and all injury, damage, or loss to the District. The provisions of this indemnification clause shall not be limited to the availability or collectability of insurance coverage, nor do these provisions apply to any injury, damage, or loss caused solely by the negligence of the District.

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29. SUPPLIER NOT OFFICER, EMPLOYEE, OR AGENT OF DISTRICT

While engaged in carrying out the terms and conditions of the contract, the Contractor is an independent contractor and not an officer, employee, or agent of the District.

30. ASSIGNMENT AND SUBCONTRACTING

The Contractor shall not assign or subcontract the work or any part thereof without the previous written consent of the District, nor shall he assign, by power of attorney or otherwise, any of the money payable under this award agreement unless written consent of the District has been obtained. No right under this award agreement or claim for any money due or to become due hereunder shall be assessed against the District or persons acting for the District by reason of any so-called assignment of this award agreement or any part thereof unless such assignment has been authorized by the written consent of the District. In case the Contractor is permitted to assign monies due or to become due under this award agreement, the instrument of assignment shall contain a clause subordinating the claim of materials supplied for the performance of the work.

31. TERMINATION FOR CONVENIENCE AND NONAPPROPRIATION

A. Convenience The District may unilaterally terminate an awarded contract for any reason, in its absolute discretion, by giving the Contractor 30 days' written notice of termination.

B. Non-appropriation District may terminate or amend an awarded contract immediately upon giving written notice to Contractor:

1) If advised that funds are not available from external sources for this contract or any portion thereof, including if distribution of such funds to the District is suspended or delayed.

2) If funds in the District’s yearly proposed and/or final budget are not appropriated by the District for this contract or any portion thereof.

3) 3) if funds that were previously appropriated for this contract are reduced, eliminated, and/or re-allocated by the District as a result of mid-year budget reductions.

In the event of early termination, the Contractor shall be paid for satisfactory services performed to the date of termination. Upon payment by the District, the District shall be under no further obligation to the Contractor, monetarily or otherwise, and the District may proceed with the work in any manner the District deems proper.

32. TERMINATION FOR DEFAULT

The District may, by written notice of default to the Contractor, terminate the contract in whole or in part if:

A. The Contractor fails or neglects to perform any of the services listed herein in the manner and time specified, or if, in the opinion of the District, the items(s) provided fail to perform satisfactorily.

B. The Contractor fails to perform any of the other provisions of the RFQ/P or purchase order and does not cure such failure within a period of two (2) business days (or such longer period as the District may authorize in writing) after receipt of notice from the Elk Grove Unified School District specifying such failure.

In the event the District terminates the contract, in whole or in part, the District may acquire equipment, similar to those so terminated, from another source, and the Contractor shall be liable for any excess costs of acquisitions of such similar supplies.

Instructions for Bidders Page 15 of 17

33. FORCE MAJEURE

The parties to this agreement shall be excused from performance during the time and to the extent that they are prevented from obtaining, delivering, or performing by Act of God, fire, strike, walk-out or commandeering of materials, products, plants, or facilities by the government, provided that the non-performance is not due to the fault or neglect of the supplier. In such cases, however, satisfactory evidence thereof must be presented in written form.

34. INVOICING

Invoices for goods and services delivered against any agreement or order must be itemized by site and service, and all applicable discounts must be identified. Invoices must show the Purchase Order number. Invoices shall be delivered quarterly and include dates of services rendered.

The Contractor shall submit invoices to the District, Accounts Payable. All invoices must reference this agreement number/contract ID # and the service performed. Payments shall be made within sixty (60) days of receipt of invoice from the Contractor. In the event of a claim of late fees by Contractor, District shall pay undisputed fees in accordance with Government Code section 926.10.

35. FINGERPRINTING REQUIREMENTS

California Education Code Section 45125.2 requires entities providing services to the District to ensure the safety of pupils where employees of the entity or subcontractors will have contact with pupils. Therefore, the Contractor shall certify that methods are being undertaken to ensure the pupils’ safety. Certification must be accomplished by completing the District’s “Declaration Regarding Employee Fingerprint and Criminal Background Check” Certification Form.

Successful Proposers submitting an RFQ/P shall submit within 90 days of award of agreement, a fully executed “Declaration Regarding Employee Fingerprinting and Criminal Background Check” if it is found to be necessary for them to have contact with pupils. The cost for background or fingerprint checks is the responsibility of the Proposer.

36. PROPERTY

Alterations and additions to the property shall be made only with the District's prior written approval.

The awarded Contractor shall pay the District for the repair or replacement of any property or facilities of the District which may be lost, damaged, or stolen as a result of the Contractor's use of the District’s premises.

37. LIMITATIONS

The award of an agreement, if at all, is at the sole discretion of the District. The District reserves the right to award an agreement with any entity responding to this RFQ/P. The District makes no representation that participation in the RFQ/P process will lead to an award agreement or any consideration whatsoever. The awarding of the agreement(s), if at all, is at the sole discretion of the District.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=926.10.&lawCode=GOV https://www.cde.ca.gov/re/lr/cl/

Instructions for Bidders Page 16 of 17

The Proposals and any other supporting materials submitted to the District in response to this RFQ/P will not be returned and will become the property of the District unless portions of the material are designated as proprietary at the time of submittal and are specifically requested to be returned. Vague designations and/or blanket statements regarding entire pages or documents are insufficient and will not bind the District to protect the designated matter from disclosure. Pursuant to Michaelis, Montanari, & Johnson v. Superior Court (2006) 38 Cal.4th 1065, proposals shall be held confidential by the District and shall not be subject to disclosure under the California Public Records Act until after either: (1) the District and the successful Proposer have completed negotiations and entered into an agreement, or (2) the District has rejected all proposals. Furthermore, the District will have no liability to the Proposer or any other party as a result of any public disclosure of any proposal.

38. NONDISCRIMINATION

No Proposer will be discriminated against on the basis of race, color, gender, sexual orientation, political affiliation, age, ancestry, religion, marital status, national origin, medical condition, or disability in any consideration leading to the award of an agreement. No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination in any consideration leading to the award of an agreement.

In connection with all services performed under this RFQ/P, there shall be no unlawful discrimination against any prospective or active employee engaged in the work because of race, color, ancestry, national origin, religious creed, sex, age, marital status, physical disability, mental disability, or medical condition. The Contractor agrees to comply with applicable Federal and State laws, including, but not limited to, the California Fair Employment and Housing Act, beginning with Government Code Section 12900 and Labor Code Section 1735. In addition, the Contractor agrees to require like compliance by any subcontractors employed in connection with the RFQ/P by such Contractor.

39. MODIFICATIONS

Changes in or additions to the proposal, as well as any attachments, amendments, or other official correspondence related to this document, may not be manually, electronically, or otherwise altered by the Proposer or the Proposer’s agent(s). Recapitulations of the work proposed upon, alternative proposals, or any other modification of the proposal, which is not specifically called for in the award agreement documents, may result in the District's rejection of the proposal as not being responsive to the invitation to propose. No oral or telephonic modification of any proposal submitted will be considered, and a mailed modification may be considered only if the postmark evidence that a confirmation of the mailed document duly signed by the Proposer was placed in the mail prior to the opening of proposals.

40. STUDENT DATA PRIVACY

The District takes the protection of student information seriously. The selected Contractor will have access to confidential student information and must execute and abide by all terms in the District’s Pupil Records Storage and/or Digital Educational Software Agreement. Per Education Code 49073.1, Article 5. Privacy of Pupil Records.

https://law.justia.com/codes/california/2005/edc/49073-49079.html

41. DRUG AND ALCOHOL-FREE WORKPLACE

The Contractor hereby certifies, under penalty of perjury, under the laws of the State of California, that under the contract, they will comply with the requirements of the Drug-Free Workplace Act of 1988 (Government Code Section 8350 et. seq.) and the Elk Grove Unified Board of Education’s Policy (BP 4020). Therefore, the delivery site(s) shall be kept drug and alcohol free at all times.

https://law.justia.com/codes/california/2005/edc/49073-49079.html

Instructions for Bidders Page 17 of 17

42. TOBACCO-FREE WORKPLACE

The Contractor hereby agrees, under the contract, that he will comply with Elk Grove Unified Board of Education’s Policy (BP 3515.3), which states: “The Governing Board recognizes the health hazards associated with tobacco products, including the breathing of secondhand smoke and desires to provide a healthy environment for students and staff.” Therefore, the delivery site(s) shall be kept tobacco-free and smoke-free at all times.