Agreement.pdf

CONTRACT FOR SERVICES AGREEMENT

BETWEEN

[INSERT NAME] AND THE

CHULA VISTA ELEMENTARY SCHOOL DISTRICT

This Contract for Services Agreement (“Agreement”) is made and entered this ____ day of ______, 20__ between _____________________ (hereinafter referred to as “Service Provider”) and the Chula Vista Elementary School District (hereinafter referred to as “District”, together with Service Provider, “Parties”).

1. Purpose. The District requires [INSERT NEED]. Service Provider is specifically trained and qualified to [INSERT NEED] and provide the services described in this Agreement.

2. Scope of Work. Service Provider shall provide services in accordance with Exhibit A, Statement of Work, which is attached hereto and made a part hereof by this reference. The performance of these duties shall be at times and place within the limits of District policy and in consultation with the District.

3. Service Provider’s Fee. The District shall pay Service Provider for the performance of all services rendered pursuant to this Agreement, the sum not to exceed ________________. [INSERT BILLING TERMS, I.E., Service provider shall submit monthly invoices to the District.] The District shall make payment within forty-five (45) days of receipt of properly prepared and submitted invoices and such payment shall be submitted pursuant to the Notices section of this Agreement. Unless specifically noted otherwise in this Agreement, the District shall not be (1) liable for any Service Provider fees and/or expenses or (2) responsible for labor, supplies, materials, tools, or any other items necessary to perform the services described in this Agreement.

4. Billing. Service Provider shall submit invoices in accordance with the schedule described in section 3. The effective date of the invoice shall be the date of receipt by the District. Invoices should clearly reflect rates as described in this Agreement. Service Provider shall submit said invoice for services rendered no later than thirty (30) days after the provision of services. If the District does not receive a properly submitted invoice within thirty (30) days from the date the services were provided, the District may deduct 1.5% per month, calculated proportionately per day, of the total invoice, if the District does not agree in writing to the request of Service Provider to an extension of time to submit the invoice.

5. [OPTIONAL] Services Schedule. The Services Schedule shall be estimated as follows: [INSERT SCHEDULE]. The final project schedule shall be mutually confirmed and agreed to by Service Provider and the District on or before [DATE]. Revisions to the Services Schedule shall only be made in writing and with the approval of the District.

6. Term of Agreement. The term of this Agreement shall be from ____________ to _____________. Neither the District nor Service Provider is required to renew this Agreement in subsequent years. Any subsequent agreement is to be renegotiated prior to June 30 of each year. The Agreement has no force or effect until approved or ratified by the District’s Board of Education.

7. Qualified, Trained, Certificated, and Licensed Personnel. Service Provider shall provide services under this Agreement by appropriately trained, qualified, and, if applicable, certified and licensed staff. Service Provider shall be responsible for verifying qualifications, providing training, and monitoring all staff certification at its own expense. Service Provider shall provide the District with copies of any applicable certifications, licenses, and waivers for all staff providing services under this Agreement.

Service Provider shall notify the District, in writing, of any change in any staff member’s certification or licensure no later than 30 days following the change.

8. Equipment, Tools, and Products and Cleaning. Service Provider shall be responsible for providing and maintaining appropriate equipment, tools, and products necessary to perform all aspects of the services under this Agreement. Service Provider’s equipment, tools, products, and services shall be compliant with all applicable Federal, State, and local laws and regulations including, but not limited to, all such laws and regulations related to chemicals and cleaning agents. Service Provider shall be responsible for ensuring that all equipment, tools, and products are used in a safe manner and suitable for carrying out the services under this Agreement at its sole cost and expense. Service Provider shall ensure that all cleaning and/or chemicals products are safe to the health and wellbeing of others and the environment and do not pose a danger to others and/or District property and facilities. The District reserves the right to inspect all equipment, tools, and products used by Service Provider in performing the services under this Agreement. Service Provider’s failure to provide suitable equipment, tools, and/or products in performing the services under this Agreement may constitute grounds for the District to terminate the Agreement. Service Provider shall be solely liable for any claims, demands, costs, losses, damages, and/or expenses that may arise out of or result from, in whole or in part, of the acts or omissions of Service Provider and/or its subcontractor(s) in performing the services under this Agreement. Service Provider shall be solely responsible for cleaning and/or repairing all District facilities and items used in the performance of services under this Agreement and returning them to their condition prior to the provision of such services including, but not limited to, cleaning and, if necessary, repairing all District facilities used in the performance of the services described in this Agreement. Service Provider is responsible for removing all of Service Provider equipment, tools, and products in any way connected to or relating the services described in this Agreement. In the event Service Provider fails to perform some or all of the cleaning and/or repair services described herein, the District may obtain replacement services, either through its own employees or vendors, and deduct the total cost associated with those services from any amounts that would be paid to Service Provider. In the event the cost of those replacement services exceeds the value of amounts due and owing to Service Provider, Service Provider shall directly issue payment to the District for those costs. In addition to, and not in place of, any term of this Agreement, Service Provider agrees to defend and indemnify and hold harmless the District, its Board, officers, employees, agents, independent contractors, consultants, and other representatives from and against any and all liabilities, claims, demands, costs, losses, damages, or expenses, including reasonable attorneys’ fees and costs, and including but not limited to consequential damages, loss of use, and extra expense associated with or in any way related to any injuries or harm to any person whatsoever arising out of or in any way related to this Agreement to the fullest extent of the law.

9. Injury/Death. Service Provider agrees to complete a written report when a pupil has suffered an injury that requires medical attention and/or died and provide that report to the District representative identified in the Notices section of this Agreement as soon as reasonably practicable, but in no event later than 24 hours after discovery of the injury or death. If the incident results in the death of a student, Service Provider shall immediately notify the District representative identified in the Notices section of this Agreement.

10. Compliance with Laws. During the term of the Agreement, Service Provider and the District shall comply with all applicable federal and state laws and regulations, including those not expressly referenced in this Agreement. Service Provider shall further comply with any and all applicable District Board Policies and Administrative regulations (available through the District’s website.) In the event Service Provider retains a subcontractor or subcontractors to provide any services described in this Agreement, Service Provider agrees that each subcontractor will comply with the terms of this Agreement, including this section.

a. Nondiscrimination. Service Provider shall not discriminate based on disability (mental and/or physical), medical condition, race, color, ancestry, national origin, gender, gender identity, gender expression, pregnancy, nationality, race or ethnicity, religion, creed, sexual orientation, genetic information, marital status, military or veteran status, immigration status, or any other legally protected status or association with a person or group with one or more of these actual or perceived characteristics, any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code, or any other classification protected by federal or state laws in employment or operation of its programs. Service Provider agrees to maintain a nondiscrimination policy and procedure, pursuant to Title 5 of the California Code of Regulations section 4930.

b. Sexual Harassment Policy. Service Provider shall have a written policy on sexual harassment in accordance with state and federal regulations and guidelines. Such policy shall comply with the requirements imposed by California Education Code section 231.5.

c. Uniform Complaint Procedures. Service Provider agrees to maintain a uniform complaint procedure, pursuant to Title 5 of the

California Code of Regulations sections 4600 et seq.

d. Corporal Punishment Prohibitions. Service Provider shall not utilize any intervention that is designed to, or likely to, cause physical pain; release noxious, toxic, or otherwise unpleasant sprays, mists, or substances in proximity to an individual’s face;

utilize any intervention which is designed to subject, used to subject, or likely to subject the individual to verbal abuse, ridicule or humiliation, or which can be expected to cause excessive emotional trauma; utilize restrictive interventions which employ a device or material or objects that simultaneously immobilize all four extremities (except as permitted by law); locked seclusion (except as permitted by law); utilize any intervention that precludes adequate supervision of the individual; or, utilize any intervention which deprives the individual of one or more of his or her senses.

e. Health Insurance Portability and Accountability Act (“HIPAA”). Service Provider shall comply with HIPAA and shall provide

Notice of Privacy Practices in compliance with HIPAA.

11. Right to Withhold. The District has the right to withhold payment to Service Provider when the District has reliable evidence, described in writing to Service Provider at the time notice of withholding is submitted, that Service Provider has materially breached this Agreement. The District shall notify Service Provider in writing, pursuant to the Notices section of this Agreement, within ten working days of receipt of an invoice of any reason why the requested payment shall not be paid. Within fourteen (14) days from the date of receipt of such notice, Service Provider shall take all necessary and appropriate action to correct the deficiencies that form the basis for the District’s withholding payment. Service Provider shall submit rebilling for payment no later than thirty (30) calendar days when an invoice is returned to Service Provider with a notice of withholding following correction of the noted deficiencies. If Service Provider does not resubmit sufficient rebilling or verify remediation within thirty

(30) calendar days, that shall constitute reason to continue to withhold payment unless and until Service Provider resubmits the invoice and corrects the noted deficiencies. Nothing in this paragraph limits the District’s right to terminate this Agreement as described herein.

12. Audit and Inspection of Records. Service Provider shall maintain and the District shall have the right to examine and audit all of the books, records, documents, accounting procedures and practices and other evidence regardless of form or type, sufficient to properly reflect all costs claimed to have been incurred or anticipated to be incurred in performing this Agreement. Service Provider shall make said evidence available to the District at the District or its consultant’s offices at all reasonable times and without charge to the District. Said evidence/records shall be provided to the District within five (5) working days of a written request from the District. Service Provider shall, at no cost to the District, furnish assistance for such examination/audit. Service Provider, and its subcontractors, shall keep and preserve all such records for a period of at least three (3) years from and after the final payment or, if the Agreement is terminated in whole or in part, until three (3) years after the end of the Agreement. The District’s rights under this section shall also include access to Service Provider’s offices for interviewing Service Provider’s employees. Failure of Service Provider to provide records or access within the time requested shall preclude Service Provider from receiving any payment due under this Agreement until such evidence/documents are provided. The terms of this paragraph survive termination of this Agreement.

13. Confidentiality. All communications and information obtained by Service Provider from the District related to this Agreement is confidential. Except as provided in Section 14, without the prior written consent of an authorized representative of the District, Service Provider shall neither divulge to, nor discuss with, any third party either the work and services provided hereunder, or any communication or information in connection with such services or work, except as required by law. Service Provider shall not use any communications or information obtained from the District for any purpose other than the performance of this Agreement, without District’s written prior consent. Except as identified in Section 15, at the conclusion of the performance of this Agreement, Service Provider shall return to the District all written materials constituting or incorporating any communications or information obtained from the District. In the event Service Provider maintains any electronic files related or necessary to the performance of this Agreement, Service Provider shall delete such files. Upon the District’s specific written approval, Service Provider may retain copies of such materials, subject to the requirements stated herein. Service Provider’s obligation of confidentiality shall survive termination of this Agreement.

14. Disclosure to Subcontractor. Service Provider may disclose to any subcontractor, or District approved third parties, any information otherwise subject to Section 15 that is reasonably required for the performance of the subcontractor’s work. Prior to any such disclosure, Service Provider shall obtain the subcontractor’s written agreement to comply with the requirements of Section 15 and shall provide a copy of such agreement to the District.

15. Ownership of Work Product. Except for all Service Provider books, manuals and materials (“Service Provider Materials”), all products of work created pursuant to this Agreement, such as, among other things, District notes, charts, student records, and similar materials, will be the sole property of District and no reproduction of any portions of the work product may be made in any form without the express written consent of the District. Service Provider Materials may be copyrighted and/or trademarked.

Service Provider retains all rights related to all Service Provider Materials and nothing in this paragraph limits Service Provider’s rights related to any copyright and/or trademark.

16. Fingerprinting and Background Checks. Service Provider shall comply with California Education Code sections 45122.1, 45125.1, and all applicable fingerprinting and background check requirements for current employees, and those who are hired during the term of this Agreement, who may enter any District facility at a time when students are present at its own cost. Service Provider shall also ensure and certify that, while performing services pursuant to the terms of this Agreement, no employee will come in contact with or be near any District student until such time as Service Provider performs any required fingerprinting and/or background checks.

17. Standard of Care. Service Provider represents that it has the qualifications and ability to perform the services described herein in a professional manner and in accordance with the industry’s generally and currently accepted standards, principles, and practices.

Service Provider further represents that it requires no assistance from the District to satisfy the requirements of this paragraph.

18. Safety. Service Provider is solely responsible for ensuring the safety of its employees during the performance of this Agreement.

Service Provider is also solely responsible for ensuring the safety of all students, District staff, and the community while performing services under this Agreement.

19. Independent Contractor. Service Provider is an independent contractor and is not an employee, officer, or agent of the District.

Service Provider has familiarized itself with the Internal Revenue Service’s independent contractor criteria and hereby represents and agrees that it complies with that criteria. Service Provider agrees to indemnify District for all costs and any penalties arising from audits related to services provided by Service Provider’s employees and agents under this Agreement. Service Provider and its employees and agents are not entitled to benefits of any kind that the District offers or provides to its employees including, but not limited to, unemployment compensation, workers’ compensation, health benefits, and retirement payments. Service Provider assumes full responsibility for the acts and/or omissions of its employees, agents, or subcontractors relate to this Agreement.

Service Provider assumes full responsibility for its employees’ or agents’ workers’ compensation insurance, federal, state and local taxes or contributions, including, but not limited to, unemployment insurance, social security, Medicare and income taxes.

20. Indemnification. Service Provider hereby indemnifies, defends, and holds harmless the District, its Board, officers, employees, agents, independent contractors, consultants, and other representatives from and against any and all liabilities, claims, demands, costs, losses, damages, or expenses, including reasonable attorneys’ fees and costs, and including but not limited to consequential damages, loss of use, and extra expense that may arise out of or result from, in whole or in part of the negligent, wrongful or willful acts or omissions of Service Provider and/or its subcontractor(s). Service Provider shall have no obligation to indemnify, defend, or hold harmless the District, its Board, officers, employees, agents, independent contractors, consultants, and other representatives for the District’s sole negligence or willful misconduct.

The District hereby indemnifies, defends, and holds harmless Service Provider from and against any and all liabilities, claims, demands, costs, losses, damages, or expenses, including reasonable attorneys’ fees and costs, and including but not limited to consequential damages, loss of use, and extra expense that may arise out of or result from, in whole or in part of the negligent, wrongful or willful acts or omissions of the District, its employees, agents, independent contractors, consultants, and other representatives. The District shall have no obligation to indemnify, defend, or hold harmless Service Provider for Service Provider’s sole negligence or willful misconduct.

This indemnity section shall survive the termination of the Agreement and is in addition to any other rights or remedies that the District may have under the law or this Agreement.

21. Insurance. During the entire term of this Agreement and any extension or modification thereof, Service Provider shall keep in effect, at its sole expense, a policy (or policies) of general liability insurance, including contractual liability coverage, professional liability, sexual and molestation, and auto liability coverage of owned and non-owned vehicles used by Service Provider in relation to the performance of services under this Agreement with minimum limits of one million dollars ($1,000,000) per occurrence, and three million dollars ($3,000,000) in aggregate. Such insurance shall name the District as an additional insured, and an endorsement evidencing such coverage shall be provided within 90 days, only as to matters arising out of this Agreement for which Service Provider is required to indemnify the District under section 20 of this Agreement. If Service Provider maintains higher limits than the minimums required by law or this Agreement, the District shall be entitled to coverage for the higher limits. Any available insurance proceeds in excess of the legal minimum limits of insurance and coverage shall be available to the District.

No later than the Effective Date of this Agreement, Service Provider shall provide the District with satisfactory evidence of insurance. The insurance maintained by Service Provider shall include a provision for the provider to send written notice of cancellation or modification to Service Provider at least 30 calendar days before cancellation or adverse material change, or 10 days for nonpayment of premium. Such insurance may contain the same notice requirement for the District. If the insurance provider is only required to send such notice to Service Provider, Service Provider shall provide the District written notice of cancellation or adverse material modification within one business day after receiving notice from the insurer. Service Provider shall, at its own cost and expense, procure and maintain insurance under California’s Workers’ Compensation laws. Failure to maintain the insurance described herein, shall be cause for termination of the Agreement.

Service Provider agrees that any subcontractor with which it contracts to provide services pursuant to this Agreement, shall provide the District with written proof of insurance in a minimum amount of one million dollars ($1,000,000) per occurrence, including general, liability, auto liability, and professional liability. Subcontractors shall be required to provide to Service Provider written notice of cancellation of insurance or adverse material change in such insurance at least 30 days prior to cancellation or adverse material change or within one business day after receiving such notice, whichever is earlier.

22. Conflicts of Interest. Service Provider has familiarized itself with state law related to conflicts of interest and fully agrees to comply with such laws. Service Provider has familiarized itself with the District’s Conflict of Interest Code and agrees that no direct or indirect financial interest currently exists or will exist during the term of this Agreement that would or will conflict in any way with Service Provider’s performance of this Agreement. In addition to the foregoing, Service Provider agrees to avoid the appearance of any conflict of interest.

23. Cooperation in Disposition of Claims. The Parties agree to cooperate with each other in the timely investigation and disposition of audits, disciplinary actions, and third-party liability claims arising out of any services provided under this Agreement or in the operation of the Program. The parties shall notify one another as soon as possible of any adverse event which may result in liability to the other party. It is the intention of the parties to fully cooperate in the disposition of all such audits, actions or claims.

Such cooperation may include, but is not limited to, sharing records, timely notice, joint investigation, defense, disposition of claims of third parties arising from services performed under this Agreement, and making witnesses available.

24. Assignment and Subcontracts. Service Provider may not assign this Agreement without the express written consent of the District, and any attempt by Service Provider to affect such an assignment without the express written consent of the District shall make this Agreement terminable at the option of the District. This Agreement binds Service Provider’s successors and assignees. Service Provider shall not subcontract with any provider, for any of the services contemplated under this Agreement without first obtaining the written approval of the District. In the event Service Provider subcontracts any of the work described in this Agreement, Service Provider agrees and warrants that subcontractor will comply with all terms and conditions of this Agreement. Service Provider further agrees and warrants that it shall serve as the District’s point of contact related to any issues concerning the subcontractor’s performance and shall be responsible for the acts and omissions of any subcontractor. Any subcontractor who fails to perform as necessary to implement this Agreement shall be replaced, unless the District agrees otherwise in writing. Service Provider use of any subcontractor shall not create privity of contract between the District and subcontractor. Contractor, and not the District, shall be fully responsible for any subcontractor claims.

25. Authority and Representations. Service Provider has the full power and authority to execute this Agreement and perform all services described herein. Service Provider’s services shall not infringe on any third party’s rights. Service Provider is not subject to, and does not anticipate in the future, any action, suit, investigation, or proceeding of any kind that could affect its ability to perform the services described in this Agreement.

26. Waivers. The District may, but is not required to, seek waivers of applicable state laws and regulations. Service Provider shall cooperate and reasonably assist the District in pursuit of any such waivers.

27. Third Party Beneficiaries. This Agreement does not inure to the benefit nor create any rights in any third parties.

28. Dispute Resolution. Subject to the foregoing requirements, the Parties agree that any controversy or claim, including any claim of misrepresentation, arising out of or related to this Agreement, or Parties’ rights and obligations under this Agreement, shall be settled by arbitration under the then current rules of the American Arbitration Association. The Parties agree to equally share in the arbitration fees and costs. Any arbitration hereunder shall be held in Chula Vista, California.]

29. Venue and Governing Law. This Agreement shall be governed by the laws of the State of California with venue in San Diego County, California. The terms of this paragraph survive termination of this Agreement.

30. Termination of Agreement for Convenience. This Agreement may be terminated by the District at any time. Upon receipt of such notice, Service Provider shall discontinue all services and deliver to the District all materials and information as may have been involved in the provision of the services under this Agreement, whether completed or in process. Within thirty (30) days of receipt of notice of termination, Service Provider shall provide the District with a final invoice. The District shall pay the final invoice within 60 days of receipt of the final invoice for all services performed and expenses authorized under this Agreement through the date of termination. Service Provider shall not be entitled to any damages, including anticipatory, consequential, or liquidated damages, upon termination of this Agreement. Payment to Service Provider in accordance with this section shall constitute Service Provider’s exclusive remedy for any termination hereunder. The rights and remedies of the District provided in this section are in addition to any other rights and remedies provided by law or under this Agreement.

31. Termination of Agreement for Cause. In addition to the District’s right to terminate this Agreement for convenience, the District may terminate this Agreement at any time for Service Provider’s breach of its obligations under the Agreement. Following issuance of the District’s Notice of Termination of Agreement for Cause, Service Provider shall immediately discontinue all services described under this Agreement and return any and all information, materials, and other District property. If the District determines Service Provider has not performed any service required under the Agreement, the District may retain another contractor and/or its own staff to complete such services. Service Provider shall reimburse the District for the cost of completing those services through another contractor and/or District staff and any and all other costs and damages associated with Service Provider’s failure to perform its obligations under the Agreement, including those that arise after the District’s Notice of Termination of Agreement for Cause. Such costs may be deducted from any and all monies due and owing to Service Provider at the time of termination. In the event those costs exceed monies owed to Service Provider, Service Provider shall issue payment to the District no later than 30 calendar days following receipt of an invoice from the District related to such costs. Notwithstanding the foregoing, the District may, but is not required to, provide Service Provider with a notice of deficiencies and opportunity to cure prior to terminating the Agreement for cause.

32. Attorneys’ Fees. Each party shall bear its own attorneys’ fees and costs, including court costs, expert witness fees, and investigation expenses, in any suit or action to enforce any of the terms of the Agreement.

33. Entire Agreement. This Agreement constitutes the entire agreement and understanding of the Parties. There are no oral understandings, terms, or conditions, and neither party has relied upon any representation, express or implied, not contained herein.

All prior understandings, terms, or conditions, written, oral, express, or implied, are superseded by this Agreement. This Agreement is not valid unless and until it is approved or ratified by the District’s Board of Education. The Parties agree this Agreement is the product of negotiation and shall not be deemed to have been drafted by either party.

34. Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed agreement. A facsimile version of any party’s signature shall be deemed an original signature. Each counterpart shall be deemed an original and the same document for all purposes.

35. Section Headings. The section headings contained herein are for convenience in reference and are not intended to define the scope of any provision of this Agreement.

36. Precedence. Unless agreed otherwise in writing by the Parties, the terms of this Agreement shall control over any contradictory terms and/or conditions described in the attached Statement of Work. The terms of this paragraph survive termination of this Agreement.

37. Notices. Notices provided under this Agreement shall be in writing, delivered to the individuals identified below in this section, and shall be delivered by certified, registered, or return receipt requested mail, postage prepaid, or by facsimile transmission or email, unless a specific section of this Agreement requires or allows for notice to be made in a different manner or to a different contact. The effective date of an invoice is the date it is received by the District. The effective date of all other notices is the date of the postmark or transmittal identified on the document. Any change to the individual to receive notices under the Agreement shall be provided in writing to the District or Service Provider pursuant to this section. All subsequent notices shall be provided to that individual. If the District or Service Provider does not identify an individual to be notified in this section, the person to be notified under this section shall be the District or Service Provider representative that executes the Agreement.

Notices mailed to the District shall be addressed to:

Name/Title

Address

City State Zip

Notices mailed to Service Provider shall be addressed to:

Name/Title

Address

City State Zip

Phone

Facsimile

Email

Phone

Facsimile

Email

In witness whereof, the parties hereto have caused this Agreement to be executed by their respective duly authorized representatives.

DISTRICT (BUSINESS SERVICES AND

SUPPORT)

Mark Pong, Assistant Superintendent of Business Services and Support

Authorized Signature / Date

Date of Board Approval

SERVICE PROVIDER

Company/Contractor’s Name

Authorized Signature / Date

Social Security No. or Taxpayer Id. No.

THE FOLLOWING MUST BE COMPLETED BY SCHOOL/DISTRICT STAFF PRIOR TO THE

RENDERING OF SERVICE.

IF SCHOOL SITE, SUBMIT ORIGINAL TO HUMAN RESOURCES.

IF BUSINESS SERVICES AND SUPPORT, REVIEW ORIGINAL WITH MARK PONG PRIOR TO BOARD

AGENDA DEADLINES. SUBMIT ORIGINAL FOR SIGNATURE AFTER BOARD APPROVAL.

Expenditure Approved by:

Principal/Department Head Date

Budget Name (Note: LCAP or Title I funds must be approved by State and Federal Coordinator first)

Time

Program Description Budget Organization Account

FUND RESOURCE S-RES YEAR GOAL FUNCTN LOC

Budget Department Date

Business Services and Support Department Date

EXHIBIT A – STATEMENT OF WORK

In accordance with Bid 26/27-5 Network Hardware E-Rate Year 2027/2028, Contractor may provide parts and licensing. The goal is to update District Schools network infrastructure by replacing end-of-life layer 2 and layer 3 switches at four school sites. Additionally, the scope includes upgrading uninterruptible power supply (UPS) and extended battery modules (EBM) units to support and safeguard the new equipment. By installing these network devices, the district will ensure reliable connectivity to support the school operations and classroom technology that complements teaching of district and state curriculums. The addition of UPS equipment will help protect the network hardware from power surges and outages, maintaining network availability and equipment longevity.

The District intends to apply for E-Rate funding through the Universal Service Administrative Company (USAC) to help defray part of the equipment cost. The District may purchase equipment using this bid for additional projects which may not be subsidized by E-rate. The District shall not be obligated to purchase any particular quantity of the items described herein. (See Bid Price Sheet.)

Contractor must be registered with the Universal Service Administrative Company (USAC) and must provide a Service Provider Identification Number (SPIN), which is distributed by the USAC for the E-Rate Program.

It is the vendor’s responsibility to maintain certification with the USAC for the term of the bid and renewals, if mutually agreed.

District staff will be responsible for installation and configuration of the network switches and with the installation of UPS equipment and the removal and disposal of the current UPS equipment