REQUEST FOR PROPOSALS

BEAUMONT INDEPENDENT SCHOOL DISTRICT

RFP 27.01 – BOARDROOM TECHNOLOGY RENOVATION

Boardroom Technology Renovation Administration Building Boardroom

RFP 27.01

Issued by:

Beaumont Independent School District – Purchasing Department

Angela Fontenot-Senior Buyer 3395 Harrison Avenue Beaumont, TX 77706 Phone: 409-617-5000

URL: www.bmtisd.com Email: bids@bmtisd.com

TABLE OF CONTENTS

Items below represent components which comprise this bid/proposal package. Proposers are asked to review the package to be sure that all applicable parts are included. If any portion of the package is missing, please notify Angela Fontenot, Senior Buyer, immediately via email at bids@bmtisd.com.

1.0 Schedule

2.0 Notice of Intent

3.0 Instructions to Proposers

4.0 Evaluation & Award of Proposals

5.0 Contract Terms & Conditions

6.0 Scope & Specifications

7.0 Execution of Offer Form

8.0 Attachments

PART 1.0 – SCHEDULE

for

RFP # 27.01 - Boardroom Technology Renovation due no later than

Thursday, November 19, 2026 at 2:00 p.m.

Pre-Proposal Conference: Thursday, October 29, 2026 at 1:00 p.m. at BISD Boardroom- 3395 Harrison Ave.

Questions Due: Thursday, November 5, 2026 by 2:00 p.m.

Responses to Questions Posted: Tuesday, November 10, 2026 by 2:00 p.m.

Response to RFP Due: Thursday, November 19, 2026 at 2:00 p.m.

Board Contract Approval: Estimated December 15, 2026.

ANY PROPOSAL RECEIVED AFTER THE TIME AND DATE STATED ABOVE WILL NOT BE CONSIDERED. UNSIGNED PROPOSALS AND/OR PROPOSALS RECEIVED VIA FACSIMILE OR EMAIL WILL NOT BE CONSIDERED.

PART 2.0 – NOTICE OF INTENT

2.1 Request for Proposal Intention

Beaumont Independent School District (“Beaumont ISD” BISD” or “District”) is conducting this procurement to establish one or more contract(s) for goods and/or services. The term of the prospective contract(s) resulting from this solicitation is until project is considered complete by the District. (“Initial Term”). No contract shall be executed until it has been reviewed and approved by the District’s Board of Managers (“Board”) in a regularly scheduled meeting of the Board and as required by Board policy and applicable law.

Product(s) considered for award shall equal or exceed the technical, environmental and performance standards and specifications as defined within Exhibit A of this Request for Proposals (“RFP”) and further described in Part 6.0 - Scope and Specification section.

2.2 Procurement Method

BISD maintains and uses documented procedures for procurement transactions under a Federal award or subaward, including for acquisition of property or services. BISD’s documented procurement procedures are consistent with State, local and tribal laws and regulations and standards identified in §§ 200.317 through 200.327 of subpart D—Post Federal Award Requirements.

BISD is utilizing the Request for Proposals (RFP) method of procurement in accordance with Texas Education Code Section 44.031(3) Purchasing Contracts, Request for Proposals for services other than construction services.

For information regarding the proposal process, contact Angela Fontenot, Senior Buyer, via email at bids@bmtisd.com.

PART 3.0 – INSTRUCTIONS TO PROPOSERS

Please read carefully this entire proposal document and specifications. Complete all forms and submit your bid with all appropriate attachments. This portion of the RFP includes instructions on the format proposers must follow in preparing and submitting their proposals. It further identifies how questions can be raised and will be addressed.

3.1 Request for Proposals (RFP) Documents

The District’s RFP documents may be obtained at Beaumont ISD Administration Building, 3395 Harrison Avenue Beaumont, TX 77706 or are available online at: https://www.bmtisd.com/departments/business-finance/purchasing/current-bid-opportunities.

3.2 Requirements for Return of Proposal Responses

Proposers may respond to this RFP using by submitting hard copies delivered by U.S. Postal mail, courier, or hand delivery to BISD no later than the exact date/time and at the place indicated in this RFP. All required documentation and forms must be completed, signed, scanned, and enclosed in Proposer’s sealed envelope.

All proposals shall be delivered for submission to:

Attn: Purchasing Department

3395 Harrison Avenue Beaumont, TX 77706

ALL RESPONSES MUST BE RECEIVED AT THE ADDRESS SHOWN ABOVE. RESPONSES SENT/ DELIVERED TO ANY

OTHER DISTRICT ADDRESS WILL NOT BE CONSIDERED.

PROPOSALS MUST BE RECEIVED NO LATER THAN November 19, 2026 at 2:00 p.m. Any Proposal received after such time will not be considered and will be returned unopened.

3.3 Required Format

All Proposers are required to respond to this RFP using the Attachment A – Proposal Form, included herein.

Proposer’s Submission must also include any applicable solicitation documents and related terms, conditions, specifications, and the documents requested specified below in Section 3.4 – Required Documents. In their Submission, Offerors may also include supplementary materials further describing their capabilities and experience.

Proposers shall submit two (2) copies of the Proposal in a sealed envelope. Proposer is responsible for ensuring that their proposals are time-stamped to evidence timely submission. Proposal envelopes must be plainly marked on the outside as follows:

SEALED PROPOSAL

BEAUMONT INDEPENDENT SCHOOL DISTRICT

RFP 27.01 BOARDROOM TECHNOLOGY RENOVATION

Offerors must provide all requested information; failure to comply with any portion of this solicitation will be reflected in the evaluation process or may result in the disqualification of your proposal.

3.4 Required Documents

The documentation and attachments listed below are required to be included with the submitted proposal. All forms must be completed and signed. Include the following in the Submission:

• Proof of Insurability: Submit a letter from your insurance provider stating provider’s commitment to insure the applicant for the types of coverage at the levels specified in this RFP, if awarded a contract in response to this RFP. Offeror shall also submit a copy of current insurance certificate.

• Exceptions, if any, to this RFP, including Part 5.0 – Contract Terms and Conditions, must be redlined on this RFP, and stated on the Note to Buyer Section of the Proposal Form https://www.bmtisd.com/departments/business-finance/purchasing/current-bid-opportunities https://www.bmtisd.com/departments/business-finance/purchasing/current-bid-opportunities

• Attachment A – Proposal Form

• Attachment B – Business Questionnaire & Qualification Statement

• Exhibit A- Specifications

• Exhibit B- Vendor Packet, and all required certifications and forms therein

• Exhibit C- Form 1295

3.5 Pricing

BISD requires that the pricing submitted in proposals be offered as a quantity one price. BISD may request the awarded vendor(s) to provide discounts or other adjustments to the quantity one price for larger orders, on a per-purchase order basis. If discounts or quantity prices are offered by an awarded vendor, the vendor must also offer the same reductions in pricing to be available for orders of similar size.

3.6 BISD Reservations

District reserves the right to:

a. Cancel this solicitation in whole or in part, at the sole discretion of BISD.

b. Accept, reject, or negotiate modifications in any terms of the Vendor’s proposal or any parts thereof.

c. Conduct oral interviews/discussions or presentations necessary to select the best value Vendor and/or to obtain competitive pricing.

d. Verify the accuracy and completeness of all responses by utilizing any information available to the District without regard to whether such information appears in the Submission.

e. Reject and/or disqualify any or all proposals received, to award contracts for individual products or services as may appear advantageous, and to negotiate separately in any manner necessary to serve the best interest of BISD.

f. Waive any formalities, technicalities, or other defects if deemed in the best interest of BISD.

g. Request clarification and/or correction of Vendor(s) for the purpose of eliminating minor errors, clerical errors, and/or non-substantive irregularities.

h. Be the sole judge of quality and equality.

i. Award one or more contracts, in part or in whole, to a single or to multiple Vendors, in BISD sole discretion.

j. Make all decisions regarding this RFP, including, without limitation, the right to decide whether a proposal substantially complies with the requirements of this RFP.

3.7 Questions and Clarifications

Proposers may submit questions regarding this RFP to BISD Purchasing Department via email at bids@bmtisd.com.

Questions must be received no later than 2:00 p.m. November 5, 2026. Questions and answers (responses) will be posted on the District’s website no later than 2:00 p.m. November 10, 2026. BISD may seek additional information that may require a response from the Proposer within 24 hours of the request

3.8 Pre-Proposal Conference

An optional pre-proposal conference will be held at 1:00 p.m. October 29, 2026 at BISD Boardroom, 3395 Harrison Ave. Attendance is encouraged by all offerors, but not mandatory.

3.9 Submission of Proposals

Following the deadline for receipt, BISD’s staff will receive, publicly open, and read aloud the names of the Offerors and, if any are required to be stated, all prices stated in the proposals. Within forty-five (45) days after the opening of the Proposals, BISD shall evaluate and rank each Proposal submitted in relation to the selected criteria set forth below. BISD shall either select one or more vendor(s) from the respondents to this Request for Proposals or may reject all proposals.

The recommended ranking shall be based on the data furnished by the Offerors in response to the Request for Proposals. The following is a list of criteria and weight for each criterion. Unless modified by addendum prior to opening of the Proposals, the following listing of criteria and weight of criteria shall be utilized by the District.

3.10 RFP Addendum:

mailto:bids@bmtisd.com

In the event that any changes to this RFP subsequent to the mailing or other delivery of the original RFP, the changes or corrections to this RFP will be made by addendum. All such addenda shall be posted where the original procurement documents were placed on the BISD Purchasing Department website. It is Proposer’s responsibility to obtain any addenda issued by BISD. Receipt of any addenda issued by BISD shall be deemed as acknowledged by the Proposer upon the submission of Proposer’s Proposal.

3.11 Protests

Any vendor who submitted a proposal may appeal the District’s award, if the appeal is based on deviations from laws, rules, regulations, or BISD Board policies. BISD Board Policy GF (Local) applies to any vendor wishing to appeal a proposal and/or award of a contract. In accordance with Policy GF (Local), a vendor shall submit a complaint/appeal form by hand-delivery, electronic communication, including email and fax, or U.S. mail, to the BISD Director of Purchasing. Complaints/appeals must be received by the close of business on or before the 15th BISD business day of the date the vendor first knew, or with reasonable diligence should have known, of the decision or action giving rise to the complaint or grievance. In the event a vendor is unsure about the award of the contract, it is the vendor’s responsibility to contact the District Purchasing Department on the next business day after the award is announced and verify details concerning the award.

3.12 Financial Responsibility

BISD assumes no financial responsibility for any costs incurred by Vendors in developing and submitting a proposal or any amendments or addenda, participating in pre-proposal meetings, participating in any negotiation sessions or discussions, or any other costs incurred by Vendors pursuant to this RFP.

3.13 Compliance with Specifications and Contract

Vendors are requested to submit a proposal offering their total line of available products and services that are commonly purchased by governmental entities, school districts, and other public, not-for-profit agencies and organizations. Proposals shall be deemed responsive if they comply with all material and administrative aspects of this RFP. Vendors are required to respond to all requests identified in this RFP and indicate their acceptance or objection to the terms of the RFP and the Contract terms in Part 5.0 - Terms and Conditions. ANY EXCEPTIONS TO THE RFP MUST BE NOTED VIA TRACKED/REDLINED CHANGES UPLOADED AND SUBMITTED WITH VENDOR’S SUBMISSION AND MUST BE CLEARLY INDICATED IN THE NOTE TO BUYER SECTION OF THE PROPOSAL FORM, INCLUDED HEREIN. Submitting Vendor’s agreement or terms and conditions as a complete substitution of Part 5.0

– Terms and Conditions is unacceptable and will be rejected; specific exceptions to terms and conditions in Section

5.0 must be provided, if any. Deviations or exceptions stipulated in a Vendor’s response may result in disqualification. Any language to the effect that the Vendor does not consider this RFP to be part of a contractual obligation may result in the Vendor’s proposal being disqualified. Each Vendor, by making its proposal, represents that the Vendor has read and understands the RFP.

3.14 Use by Other Entities; Central Texas Purchasing Alliance

(a) Pursuant to applicable law, including the Interlocal Cooperation Act Chapter 791 of the Texas Government

Code), BISD may permit other governmental entities to “piggy-back” onto an existing contract between BISD and Vendor entered into as a result of this RFP. In the event that the Vendor’s proposal becomes an awarded Agreement, the Vendor’s proposal, including pricing information, may be provided to a requesting governmental entity desiring to establish separate, independent contracts with Vendor. Vendor expressly agrees that BISD may disclose Vendor’s proposal, including, but not limited to, pricing information, to other governmental entities. Governmental entities are authorized to enter into separate, independent contracts with Vendor that employ the same negotiated terms and conditions contained in an existing contract(s) between BISD and Vendor. However, there is no obligation on either party to participate unless both parties agree. If another governmental entity chooses to utilize a contract established by this procurement solicitation and subsequent Agreement, contracts will be awarded individually by those governmental entities, and goods/services would be provided under the same contract pricing and purchasing terms established by this procurement solicitation. Any such separate, independent contract developed as a result of this procurement solicitation and/or the Agreement is exclusively between such other governmental entity and Vendor and shall have no effect or impact on BISD or BISD’s contract with Vendor. It is expressly understood that BISD shall in no way be liable for the obligations of any other governmental entity contracting with Vendor pursuant to this section.

(b) Central Texas Purchasing Alliance. BISD is a member in good standing of the of the Central Texas Purchasing Alliance (CTPA), an alliance of more than 100 school districts in Texas representing millions of students, sharing information, services and contractual opportunities. CTPA is an alliance created in accordance with Section

791.001 of the Texas Government Code through interlocal agreements. In support of this collaborative effort, all awards made by BISD may be adopted by other active CTPA member districts. By adopting a contract from another CTPA member district, the adopting district has met the competitive bidding requirements established by the Texas Education Code, Section 44.031(a)(4) and as required by the adopting district’s policies. There is no obligation on either party to participate unless both parties agree. The goods and services provided under the contract will be at the same or better contract pricing and purchasing terms established by the originating district. To assist an adopting member district in establishing their supporting documentation, the awarded vendor’s response and related documents owned by the originating district may be shared without prior notification to the awarded vendor, unless the vendor at the time of their response to the original solicitation clearly annotates that such sharing of their response is to not occur without prior permission of the vendor. The adopting district shall be responsible for the management of the new contract and all payments to the contracted vendor. The originating district shall have no responsibilities under the new contract agreement.

Upon adoption of the contract by the adopting CTPA member district, the original term of the contract and any renewal or extension options allowed under the original contract shall then transfer to the adopted contract, and such renewals options may be executed by the adopting member district at its sole discretion and independently of the originating member district’s decision to execute such renewal options on the original contract.

3.15 Vendor Registration

All Vendor’s submitting a Proposal must complete, and include in their Submission, the New BISD Vendor Packet, including all required forms and certifications therein.

http://www.google.com/url?q=http%3A%2F%2Fwww.txctpa.org%2F&sa=D&sntz=1&usg=AOvVaw2SY5jD1ocJ9bFSKjiX5sHo

5 PART 4.0 – EVALUATION & AWARD OF PROPOSALS

4.1 Award of Contract

In accordance with applicable laws, rules, and regulations for public procurement, award(s) will be made to the responsible Vendor(s) whose proposal(s) is/are determined after evaluation by BISD to be the best value to BISD. To qualify for evaluation, a proposal must have been submitted on time and must materially satisfy all mandatory requirements identified in this document. BISD shall comply with the Texas Public Information Act in the event BISD receives an open records request for information relating to proposals submitted in response to this RFP.

4.2 Competitive Range

It may be necessary for BISD to establish a competitive range of acceptable proposals as part of the evaluation process. Proposals not in the competitive range are unacceptable and will not receive further award consideration.

4.3 Clarification and/or Discussions

BISD may request clarification from Vendor(s) for the purpose of eliminating minor errors, clerical errors, and/or non-substantive irregularities. Clarification does not give a Vendor the opportunity to revise, change, or modify its proposal in any way except to the extent of correction of the error. Discussion between BISD and Vendor can also take place after the initial receipt of proposals. BISD reserves the right to conduct discussions with all, some, or none of the Vendor submitting proposals. BISD will not assist the Vendor in the revision or modification of its proposal, nor will BISD assist the Vendor in bringing its proposal to the same level of other proposals received by BISD.

Negotiations or discussions, if any, will not consist of a back-and-forth exchange resulting in contract, but rather will seek clarification or obtain equivalent elements. Questions related to the RFP can be submitted as provided in Section 3.7 of this RFP.

4.4 Conflict of Interest – EDGAR

In accordance with federal EDGAR requirements, 2 CFR § 200.318(c)(1), no employee, officer, agent, or board member with a real or apparent conflict of interest may participate in the selection, award, or administration of a contract supported by a federal award. A conflict of interest includes when the employee, officer, agent, board member, or any member of their immediate family, their partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.

An officer, employee, agent, or board member of BISD may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors. However, through BISD’s written procedures, BISD has set a de minimis amount of less than $50 per year for items that are unsolicited and of minimal value and promotional items.

Violations of this standard by an employee will be reported to the Superintendent’s Office and addressed through BISD’s personnel policies. Violations of this standard by an officer or the Superintendent shall be addressed to the Board President and addressed through BISD Board policies

4.5 No Guarantee of Quantitates

BISD makes no guarantee or commitment of any kind concerning quantities that will actually be purchased. BISD makes no guarantee or commitment of any kind regarding usage of any contracts resulting from this solicitation.

4.6 Formation of Contract (Execution of Offer)

A response to this solicitation is an offer to contract with BISD based upon the terms, conditions, scope of work, and specifications contained in this procurement solicitation. An RFP does not become a contract unless and until it is accepted by BISD after approval by the District Board of Managers. A contract is formed when the Superintendent signs the Execution of Offer Form in Part 7 thus eliminating the need for the formal signing of a separate contract.

The Proposer must submit a signed Execution of Offer Form in their Proposal.

4.7 Multiple Awards

BISD reserves the right to award contracts to multiple vendors. The decision to award multiple contracts, award only one contract, or to make no awards rests solely with BISD. BISD may make multiple awards; this fact should be taken into consideration by each Vendor.

4.8 Non-Exclusive Contract

Any contract resulting from this RFP is non-exclusive and shall be awarded with the understanding and Contract that it is for the sole convenience of BISD. BISD is free to have multiple contracts for the awarded products and/or services and may initiate other procurement solicitations or procurement activity with other suppliers at any time, at BISD’s sole discretion.

4.9 Disqualification

A Vendor may be disqualified before or after the proposals are opened upon evidence of collusion with the intent to defraud or evidence of intent to perform other illegal activities for the purpose of obtaining an unfair competitive advantage. A Vendor may also be disqualified before or after the proposals are opened in the event Vendor is out of compliance with an existing contract with BISD.

4.10 Environmental Initiatives

BISD is committed to reducing waste and promoting energy conservation. Toward that end, Vendors responding to this solicitation are encouraged to provide their company’s environmental policy and green initiative.

4.11 Interpretation

This solicitation represents the basis for any award and supersedes all prior offers, negotiations, exceptions and understandings (whether orally or in writing). Submitted proposals should be self-explanatory and should not require any clarification or additional information.

4.12 Funding

BISD receives a variety of federal, state, and/or grant funding. Performance by BISD pursuant to this RFP may be dependent upon the appropriation and allotment of state/federal/grant funds (a “Prime Contract”) and allocation of funds by BISD. If BISD is not appropriated or allocated the necessary federal/state/grant funds or its funding under a Contract is eliminated or decreased, or BISD fails to allocate the necessary funds, then BISD will issue written notice to Vendor and BISD may terminate the Contract without further duty or obligation to Vendor. Vendor acknowledges that appropriation, allotment, and allocation of funds may be beyond the control of BISD.

4.13 Withdrawal of Proposals

Proposers may request permission to withdraw a proposal prior to the actual time for proposal opening. Such request must be made in person or in writing at the same location designated to receive the proposal. The BISD will return the proposal documents unopened at that time.

4.14 Non-Collusion Statement

Vendors are required to certify a Non-Collusion Statement. (See Exhibit B – Vendor Packet) Vendors are required to state the party submitting a proposal or bid, that such proposal or bid is genuine and not collusive or sham; that Vendor has not colluded, conspired, connived or agreed, directly or indirectly, with an entity or person, to put in a sham proposal or bid or to refrain from proposing, and has not in any manner, directly or indirectly, sought by Contract or collusion, or communication or conference, with any person, to fix the proposed price or of any other vendor, or to fix any overhead, profit or cost element of said proposed price, or of that of any other vendor, or to secure any advantage against BISD or any person interested in the proposed contract, and that all statements in said proposal are true.

4.15 Preferences

BISD may apply applicable preferences for Texas resident Vendors in the event of a tie bid. Preferences must be explicitly claimed by Vendor and may not be applicable in all procurements and/or contracts, including those involving federal funds unless specifically authorized by federal regulations. See TEXAS GOV’T. CODE § 2252.001-.004;

2 C.F.R. § 200.319.

4.16 Responsible Vendor

BISD may only award contracts to Responsible Vendor(s) who possess the ability to perform successfully under the terms and conditions of a proposed procurement contract. A Responsible Vendor is a vendor who has adequate financial resources (or the ability to obtain such resources), can comply with the delivery requirements, and is a qualified and established firm regularly engaged in the type of business that provides the items listed herein. When determining if a vendor is responsible, BISD will consider the proposer’s integrity, compliance with public policy, record of past performance, and financial and technical resources.

4.17 Responsive Proposal

Proposals shall be deemed responsive if they comply with all material and administrative aspects of this RFP.

4.18 Similar Products or Materials

Whenever product(s) and/or material(s) are referred by BISD in this solicitation by describing a proprietary product or by using the name of a manufacturer or brand name, the term “or equal” if not inserted shall be implied, as applicable. The specified product(s) and/or material(s) shall be understood as indicating type, function, minimum standard of design, efficiency and quality desired and shall not be construed as to exclude other manufactured products or comparable quality, design and efficiency, as applicable.

4.19 Evaluation of Proposals

BISD represents that it has considered each of the criteria in Texas Education Code § 44.031(b), thereby fulfilling Section 44.031(b)’s requirement that it “shall consider” the criteria listed in 44.031(b); in accordance with Module 5 of the TEA FASRG and applicable federal laws, BISD has determined which criteria should be considered most important and has assigned weights/points to each criterion based on its importance. A committee of BISD will review and evaluate proposals and make a recommendation to the District Board of Managers. BISD will base a recommendation for contract award on the following factors1:

Evaluation Factors Weighted Value

1. Price 30

2. Reputation of Vendor and of Vendor’s goods and/or services 15

3. Quality of Vendor’s goods and/or services 15

4. Extent to which the goods and/or services meet BISD’s needs 30

5. Vendor’s past relationship with BISD 10

6. Impact on the ability of BISD to comply with laws and rules relating to HUBs 0

7. Total long-term cost to BISD to acquire Vendor’s goods and/or services 0

8. For a contract for goods and services, other than goods and services related to telecommunications and information services, building construction and maintenance, or instructional materials, whether the Vendor or the Vendor’s ultimate parent company or majority owner:

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

(B) employs at least 500 persons in this state 02

9. Other 0

100 Points

By submitting its Proposal in response to this package, the Offeror accepts the evaluation process and acknowledges and accepts that determination of the “best value” will require subjective judgments by the District, based upon the information responsive to the Evaluation Criteria and Weight/Points Value as published with this package. All

1 BISD has the option to adjust (increase or decrease) the minimum score to be considered for award in the best interest of BISD.

2 BISD may may apply an optional geographic preference in the procurement of unprocessed locally grown or locally raised agricultural products for use in a Child Nutrition Program. See 7 C.F.R. §§ 210 (National School Lunch Program), 215 (Special Milk Program for Children), 220 (School Breakfast Program), 225 (Summer Food Service Program), 226 (Child and Adult Care Food Program).

responses in the Proposal may be used to help the District select a vendor based on these criteria. The BISD reserves the right to verify the accuracy and completeness of all responses by utilizing any information available to the District without regard to whether such information appears in the proposal.

PART 5.0 – CONTRACT TERMS AND CONDITIONS

These Contract Terms and Conditions are part of the final contract in each product and/or service contract awarded as a result of this RFP and are part of the terms and conditions of each Contract, Purchase Order, or proposal forms issued in connection with this RFP by BISD. The Purchase Order Terms and Conditions can be found at https://www.bmtisd.com/departments/business-finance/purchasing#docaccess-27404994ec719f0de0bbfa679961cfb9.

Vendors are responsible for identifying any deviation/exception to these terms and conditions. ANY DEVIATION/EXCEPTION MUST BE NOTED DIRECTLY ON THIS RFP BELOW EACH OF THE RESPECTIVE TERMS AND CONDITIONS, EITHER MANUALLY VIA INK OR VIA TRACKED/REDLINED CHANGES PRINTED, AND SUBMITTED WITH VENDOR’S SUBMISSION. If Vendor has deviations/exceptions to this Part 5.0, Vendor must note such on the Note to Buyer section of the Proposal Form. A general statement that Vendor reserves the right to negotiate terms and conditions of the Contract or similar language is unacceptable and will be rejected. The sole opportunity to submit any deviation/exception to these Contract Terms and Conditions is at the time of submission of a Proposal in response to this RFP; Contract Terms and Conditions will not be negotiated/renegotiated at any other time, including at any renewal term. Proposals that are qualified with conditional clauses, items not called for, or other irregularities may be considered non-responsive by BISD and eliminated from further consideration.

CONTRACT BETWEEN

BEAUMONT INDEPENDENT SCHOOL DISTRICT AND

(“VENDOR”)

FOR

RFP 27.01 – BOARDROOM TECHNOLOGY RENOVATION

This Contract is entered into between Beaumont Independent School District (“BISD”) and Vendor, having submitted a proposal in response to this RFP issued by BISD and whose proposal has been accepted and awarded by BISD. In consideration of the mutual covenants and conditions contained in this Contract and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, BISD and Vendor, intending to be legally bound, and subject to the terms, conditions, and provisions of this Contract, agree as follows:

5.1. Contract Terms; Amendments

The terms and conditions of this Contract shall govern all procurements conducted hereunder. No pre-published terms on Vendor’s order acknowledgments, invoices, purchase or work orders, invoices, checks, order acknowledgements, forms, contracts, terms of use, online/website/click-through source terms, or similar commercial documents relating hereto and which may be issued by Vendor after the issuance of the RFP shall have any force or effect unless expressly agreed to in writing by BISD and Vendor via amendment. No amendment of this Contract shall be permitted unless and until first approved in writing by BISD, and no such amendment shall have any effect unless and until a written amendment to this Contract is executed by the Superintendent after any necessary approvals have been obtained from the District Board of Managers.

5.2. Term of Contract; Renewal of Contract

The contract term is as set forth in Part 2.0 – Notice of Intent. The phrase “Term” in this Contract shall mean the then-current Term of the Contract, whether the initial term or a renewal term.

5.3. Termination

This Contract shall remain in effect until (1) the Contract expires by the term set forth in the RFP or (2) the Contract is terminated by mutual consent of BISD and Vendor. In the event of a breach or default by Vendor by failing to fulfill or abide by the terms, conditions, or specifications of this Contract and/or the RFP, BISD reserves the right to cancel upon thirty (30) days written notification of the intent or enforce the performance of the RFP and/or Contract in any manner prescribed by law or deemed to be in the best interest of BISD. BISD further reserves the right to terminate the Contract immediately in the event Vendor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the RFP, this Contract, and/or a Purchase Order; (2) make any payments owed; or (3) otherwise perform in accordance with this Contract and/or the RFP. BISD also reserves the right to terminate the Contract immediately, with written notice to Vendor, if BISD believes, in its sole discretion that it is in the best interest of BISD to do so. If federal funds are used by BISD under this Contract, BISD shall provide written notice of termination to Vendor if BISD terminates this Contract for any reason stated herein. Vendor agrees that BISD shall not be liable for damages in the event that BISD declares Vendor to be in default or breach of this Contract and/or the RFP. Vendor further agrees that upon termination of the Contract for any reason, Vendor shall, in good faith and with reasonable cooperation, aid in the transition to any new arrangement and/or Vendor.

5.4 Change Orders

Pursuant to TEX. EDUC. CODE § 44.0411(a) if a change in plans or specifications is necessary after the performance of a Purchase Order has begun or if it is necessary to decrease or increase the quantity of work to be performed or of materials, equipment, or supplies to be furnished, BISD may approve change orders making the changes. The total Purchase Order price may not be increased because of the changes unless additional money for increased costs is approved for that purpose from available money or is provided for by the authorization of the issuance of time warrants. BISD may grant general authority to an administrative official to approve the change orders. A Purchase Order with an original contract price of $1 million or more may not be increased under TEX. EDUC. CODE § 44.0411(a) by more than 25 percent. If a change order for a Purchase Order with an original contract price of less than $1 million increases the contract amount to $1 million or more, the total of the subsequent change orders may not increase the revised contract amount by more than 25 percent of the original contract price.

5.5 Entire Agreement

This Contract/RFP, including any attached and incorporated addenda, exhibits, attachments, and documents/forms Vendor’s completed BISD Vendor Packet (including all certifications therein), and the portion(s) of Vendor’s Proposal accepted by the District, contain the entire agreement of the parties relative to the purpose(s) of this Contract and supersede any other representations, agreements, arrangements, negotiations, or understandings, oral or written, between the parties to this Contract. In the event of a conflict between or among the contract documents, the following hierarchy shall prevail: (1) Vendor’s completed Vendor Packet, except in the following circumstance: in the event of a conflict or inconsistency related to a matter of data privacy or data protection between or among any contract documents and/or applicable data privacy or data protection law, the Parties agree that the requirement that affords the most protection to BISD Data (as that term is defined in the DPA) will supersede and prevail; (2) the terms and conditions of this Contract; (3) addenda, exhibits, attachments, and documents/forms attached to this Contract; and (4) the portion(s) of Vendor’s Proposal accepted by the District. This Agreement supersedes any conflicting terms and conditions on any Vendor purchase or work orders, invoices, checks, order acknowledgements, forms, contracts, terms of use, online/website/click-through source terms, or similar commercial documents relating hereto and which may be issued by Vendor after the Effective Date of this Agreement.

5.6 No Assignment/No Third-Party Beneficiaries

Vendor may not assign this Contract or any of its rights, duties or obligations hereunder without the prior written approval of BISD. Any attempted assignment of this Contract by Vendor shall be null and void. Any Purchase Order made as a result of this Contract may not be transferred, assigned, subcontracted, mortgaged, pledged, or otherwise disposed of or encumbered in any way by Vendor without the prior written approval of BISD. Further, nothing in this Contract shall be deemed or construed to create any third-party beneficiaries or otherwise give any third party any claim or right of action against any party to this Contract.

5.7 Confidentiality/Record Requests

Vendor acknowledges that the District is subject to the Texas Public Information Act (TPIA). As such, upon receipt of a request under the TPIA, the District is required to comply with the requirements of the TPIA. In the event that the request involves documentation that Vendor has clearly marked as confidential and/or proprietary, the District will provide Vendor with the notices under the TPIA. Vendor acknowledges that it has the responsibility to file exceptions with the Texas Attorney General's Office on why the documents identified as confidential and/or proprietary fall within an exception to public disclosure. Vendor waives any claim against and releases from liability BISD, its respective officers, employees, agents, and attorneys with respect to disclosure of information provided under or in this Contract or otherwise created, assembled, maintained, or held by Vendor, BISD, and determined by BISD, the Attorney General of Texas, or a court of law to be subject to disclosure under the Texas Public Information Act.

5.8 Education Records

If Vendor will have access to student personally identifiable information or student education records, Vendor agrees that Vendor and its employees, agents, and/or representatives may receive access to student information for certain students of BISD, pursuant to this Agreement, this provision shall apply. Vendor must complete, in full, the Texas Student Privacy Alliance’s Standard Student Data Privacy Agreement (“DPA”), incorporated by reference herein, provided at https://www.tetl.org/cpages/texas-student-data-privacy-alliance. Vendor shall secure the confidentiality of all information and records in accordance with applicable federal and state laws, rules, and regulations, including but not limited to all privacy laws. Vendor understands that the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, governs the privacy and security of educational records and information, and Vendor agrees to abide by FERPA rules and regulations, as applicable. Pursuant to FERPA, Vendor must protect the confidentiality of BISD student records and shall not release any information without written consent from the BISD student’s parent/guardian or eligible student unless required to do so by applicable law. Vendor further acknowledges that to the extent Vendor, including, but not limited to, Vendor’s staff, employees, and/or representatives, receives confidential BISD student information during the performance of duties under this Agreement, Vendor is considered a “school official” in accordance with FERPA and shall not disclose confidential student information or education records except as otherwise permitted by applicable law. Vendor shall require its employees and other agents to execute written agreements requiring that such information be kept confidential. The Parties agree to abide by the DPA regarding the sharing of confidential student information, as required by applicable law. Vendor and its employees/ representatives shall at all times abide by applicable laws, including FERPA and the Health Insurance Portability and Accountability Act (HIPAA). Vendor shall immediately provide notice to BISD of any violation of the terms of this paragraph.

BISD or its designee shall have access to all education records and other documents in the possession of Vendor concerning students served by BISD for purposes of monitoring student progress, conducting evaluations, and making reports.

Vendor agrees that BISD’s student data, including, but not limited to, documents and information concerning any individual student (“BISD student data”), is to be held in strictest confidence and assures that procedures are in place for safeguarding, monitoring, and protecting the confidentiality of BISD student data. Vendor shall keep all media containing BISD student data in a secure area. In addition, Vendor agrees that any data sets or output reports generated by its employees, agents, and/or representatives with BISD student data are confidential. Vendor shall not disclose to any unauthorized person any data sets or reports with BISD student data. Vendor agrees to monitor and be responsible for any access to BISD student data by tracking access through the use of password(s). Vendor shall provide BISD immediate notice of any security and/or data breaches and shall fully cooperate with all BISD requests in connection with BISD’s notification to users of such security and/or data breaches as required by federal law or the laws of the state of Texas.

Upon termination of this Agreement or as otherwise requested by BISD in writing, Vendor shall transfer to BISD or its designee all BISD student data delivered to or collected by the Vendor during the course of this Agreement, in accordance with the requirements detailed in the DPA. Vendor shall be responsible for ensuring compliance with the obligations of this section by each of its employees, agents, representatives, and subcontractors providing services pursuant to this Agreement, including, but not limited to, informing those persons and entities of these obligations and exercising adequate supervision and oversight over said persons and entities to ensure their compliance. Vendor shall be solely responsible for any breach of the obligations of this section by any of its employees, agents, representatives, or subcontractors.

5.9 Insurance

Vendor is required to provide BISD with copies of certificates of insurance, naming the District as an additional insured for Vendor’s General Liability Insurance, within 14 business days of contract award and prior to the commencement of any work under this Contract. Certificates of insurance, name and address of Vendor, the limits of liability, the effective dates of each policy, and policy number shall be delivered to BISD prior to commencement of any work under this Contract. The insurance company insuring Vendor shall be licensed in the State of Texas and shall be acceptable to the District. Vendor shall give BISD a minimum of thirty (30) days' notice prior to any modifications or https://www.tetl.org/cpages/texas-student-data-privacy-alliance cancellation of said policies of insurance. Vendor shall require all subcontractors performing any work under or relating to this Contract to maintain coverage as specified below. Vendor shall, at all times during the Term of this Contract, maintain insurance coverage with not less than the type and requirements shown below. For clarity, Vendor shall not be required to obtain or maintain Professional Errors & Omissions Liability nor shall Vendor be required to provide a Bid, Payment or Performance Bond.

Minimum Limits of Insurance

Vendor shall maintain limits no less than:

1. Commercial General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. Including operations, contractual liability, and products liability in the combined single limit of not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate.

2. Commercial Automobile Liability: Combined single limit of not less than one million dollars ($1,000,000) per accident for bodily injury and Property damage, or in the event Vendor does not own automobiles, Vendor agrees to maintain coverage for Hired & Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability Policy or a separate Commercial Auto Liability Policy.

3. Workers’ Compensation: Covering all individuals who provide services pursuant to the Contract at the request of Vendor, at the statutory limits in effect as of the Effective Date of the Contract and as modified from time to time by the regulatory body or insurance carrier charged with administering Workers’ Compensation for the State of Texas.

4. Employers’ Liability: $ 1,000,000.00 each accident, $ 1,000,000.00 policy limit bodily injury by disease, $ 1,000,000.00 each person bodily injury by disease.

If the Vendor maintains higher limits than the minimums shown above, BISD shall be entitled to coverage for the higher limits maintained by the Vendor. No provision, term, or condition in the Contract regarding indemnification obligations shall be construed to limit the application of insurance procured by the Vendor in accordance with requirements set forth in the Contract.

Other Insurance Provisions The General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions:

1. BISD, its officers, officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Vendor; and with respect to liability arising out of work or operations performed by or on behalf of the Vendor including materials, parts or equipment furnished in connection with such work or operations. General Liability coverage shall be provided in the form of an Additional Insured endorsement to the Vendor’s insurance policy, or as a separate owner’s policy.

2. Vendor’s insurance coverage must be primary and non-contributory for all policies. For any claims related to the Services provided under this Contract, the Vendor’s insurance coverage shall be primary insurance as respects BISD, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by

BISD, its officers, officials, employees, or volunteers shall be secondary to, in excess of, or supplemental to, the Vendor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice has been provided to BISD.

Waiver of Subrogation A waiver of subrogation must be granted in favor of BISD for all policies. Vendor hereby agrees to waive subrogation which any insurer of Vendor may acquire from Vendor by virtue of the payment of any loss. Vendor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of BISD for all work performed by the Vendor, its employees, agents and subcontractors.

Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of no less than A-, VII unless otherwise expressly indicated as acceptable to BISD. Non-action or omission is not to be construed as indication of acceptance.

Exception may be made for the State Compensation Insurance Fund when not specifically rated.

Verification of Coverage Vendor shall furnish BISD with endorsements effecting coverage required by this section. The endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf. The endorsements are to be on forms provided by BISD, unless the insurance company will not use BISD’s forms. All endorsements are to be received and approved by BISD no less than thirty (30) days before work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. As an alternative to BISD’s forms, the Vendor’s insurer must provide complete copies of all required insurance policies, including endorsements effecting the coverage required by these specifications.

Subcontractors Vendor shall require and verify that all subcontractors currently possess and continuously maintain insurance meeting all the requirements stated herein.

5.10 Tax Exempt

BISD is tax-exempt, and BISD shall not pay taxes for goods and/or services provided under this Contract. Vendor represents and warrants that it shall pay all taxes or similar amounts resulting from this Contract, including, without limitation, any federal, state, or local income, sales or excise taxes of Vendor or its employees. BISD shall not be liable for any taxes resulting from this Contract.

5.11 Tax Responsibilities of Vendor and Indemnification for Taxes Vendor and all subcontractor(s) of Vendor shall pay all federal, state, and local taxes applicable to their operation and any persons employed by Vendor and all subcontractors of Vendor. Vendor shall require all subcontractors to hold BISD harmless from any responsibility for taxes, damages, and interest.