ESBD_361820_1718035041265_RFP 2024_01_Student Nutrition Paper Good and Supplies.pdf

REQUEST FOR PROPOSALS

310 E. 18th Street Joshua, TX 76058

Phone: 817-202-2500

The Joshua Independent School District (Joshua ISD) is requesting proposals for food service paper goods and supplies for all Joshua ISD campus cafeterias.

Electronic proposal submissions through Public Purchase are strongly encouraged;

however, paper responses will also be accepted. Paper responses shall be submitted in an envelope marked on the outside with the bidder’s name, address, and bid number (RFP 2024-01–Student Nutrition Paper Goods and Supplies). Bids can be delivered until 10:00 a.m. CST, Tuesday, July 9, 2024 to:

Joshua Independent School District Purchasing Department

310 E. 18th Street P.O. Box 40

Joshua, TX 76058-3117

Proposals received will be opened Tuesday, July 9, 2024 at 310 E 18th St. Joshua, TX 76058.

Proposals received after the published time and date cannot be considered. Faxed and emailed bids will not be accepted. Joshua ISD accepts no financial responsibility for any costs incurred by the vendor in the course of responding to this invitation. Joshua ISD reserves the right to accept or reject all or parts of the proposal, to waive all formalities, and to accept the proposal that best meets the needs of the district.

Bidders submitting a paper response must submit one (1) original hard copy of their response. It is not necessary to submit every page contained in this bid packet. Please submit only the forms indicated on the Proposal Checklist form along with any additional catalogs or pricelists you wish to submit.

All questions regarding this bid must be submitted in writing to Candace Fuchs via e-mail at fuchsc@joshuaisd.org or through Public Purchase no later than close of business on July 3rd, 2024. Proposers SHALL NOT contact any other District employee, School Board member or District consultant during this proposal solicitation, evaluation, and award process without prior approval of the Director of Purchasing.

NOTICE TO OFFERORS

The following information is to provide bidders with the needed information on how to complete and submit a proposal response. Items below apply to and become a part of terms and conditions of proposals unless superseded by any attached terms and supplemental conditions or specifications in which case attached conditions will prevail. Any exceptions must be in writing.

1. RFP FOR STUDENT NUTRITION PAPER GOOD AND SUPPLIES TIMELINE: Below is a list of projected dates with respect to this proposal. These dates are subject to change and are provided only as a reference.

Issue RFP for Student Nutrition Paper Goods and Supplies June 5, 2024 Run Advertisement in Cleburne Times and Online June 6 – July 9, 2024 Date and Time to End Questions July 3, 2024 Closing Date and Time for RFP July 9, 2024 at 10:00 a.m.

Anticipated Award-Board Meeting July 15, 2024

2. OVERVIEW: Joshua Independent School District, which was established in 1902, encompasses 76 square miles in the Burleson, Crowley, Joshua, Egan and Cleburne communities of Johnson County. Known for its small school advantages and big school opportunities, Joshua ISD is now a fast-growth district. Currently the third largest district in Johnson County, Joshua ISD is expected to add nearly 2,000 additional students in the next 10 years. The District currently has five elementary schools, two middle schools, a ninth-grade campus, one high school, and one alternative school. A list of Joshua ISD campuses with each address was included with this RFP on the Pricing Sheet.

3. SCOPE OF RFP: Joshua ISD is seeking bids for the purchase of paper goods and supplies for all nine (9) District campuses for the 2024-2025 school year. Types of paper goods and supplies requested include, but are not limited to: disposable lunch trays, individually wrapped cutlery kits, plastic portion cups, disposable bowls, disposable plates, vinyl gloves, sheet pan liners, plastic storage bags, trash can liners, and plastic containers.

Bidders will bid a percentage off MSRP, list, retail, or catalog price for any or all the lines represented in this RFP.

Vendors submitting a response must be prepared to provide a sample of each item proposed, and be able to deliver to each campus weekly during the district operating hours of 8:00 a.m. to 2:30 p.m., Monday through Friday. Vendors must notify the district weekly of any shortages or substitute options, and offer hot shots if vendor shorts or mis-pulls orders.

4. ESTIMATED EXPENDITURES AND MINIMUMS: Based on previous expenditures over the past twelve months for paper goods and kitchen supplies, Joshua ISD estimated contract spending to be approximately $58,000. Please note that there is no guaranteed annual volume. Joshua ISD makes no guarantees as to quantities and may purchase more or less than those stared in this proposal.

If minimum purchase quantities per order and/or per line item are required, proposer must note these amounts for the line item(s) at the time of submission.

5. PRODUCT SPECIFICATIONS: The requested goods that are required to fulfill the purpose of this proposal for the award period are listed on the Pricing Sheet included in this

RFP packet. Please note that the line items are meant to be descriptive, not restrictive, and bids on brands of equivalent nature and quality will be considered.

6. OFF-BID AND ADDITIONAL PRODUCTS: If Joshua ISD determines that adding the purchase of a limited number of products to a current contract would be advantageous, Joshua ISD may do so. In accordance with USDA recommendations, such additional costs for off-bid products shall not exceed 5-10% of the estimated value of the resulting contract.

The additional products allows Joshua ISD to order under the umbrella of a “market basket”.

Vendor agrees that any resulting contract shall include this provision related to off-bid products.

7. VENDOR RESPONSIBILITIES AND PRICING: Each respondent agrees to hold their offer open for acceptance by the District for no less than 90 days from the Request for Proposal response date and time.

Submitted prices must remain firm for a period of one (1) year from date of award. Any pricing or discount percentage changes after the initial year must be submitted in writing to the Director of Purchasing. All pricing must include shipping/freight/handling (SFH).

8. TERM OF CONTRACT: The term of this contract shall be from the date of award until August 31, 2025, with the option to renew for one (1) additional year. All parties must mutually agree upon a renewal.

9. ADDENDA TO RFP: Joshua ISD reserves the right to revise and amend the specifications prior to the date set for the opening. Respondents are requested to clarify any ambiguity, conflict, discrepancy, omission or other error(s) in the RFP in writing and request modification or clarification desired. Revisions or amendments, if any, will be made by issuing an addendum. Every effort will be made to send addenda issued to the parties known to have been furnished a complete copy of the RFP. Any addenda or clarification that may be issued for this bid will be posted to the Joshua ISD webpage and Public Purchase.

10. BID AWARD: Joshua ISD reserves the right to award one or more contracts, in part or in whole, to a single or to multiple prospective vendors. The decision to award multiple contracts, award only one contract, or to make no awards rests solely with Joshua ISD. The District may make multiple awards, and this fact should be taken into consideration by each vendor. If a vendor will not accept a partial award, but will accept only an award for all the items proposed, this stipulation must be stated clearly in the proposal response.

Joshua ISD may award a contract on the basis of proposals received, without discussions.

Therefore, each proposal should contain the proposer’s best terms from a financial and technical standpoint. The District may negotiate with one or more proposer; and no proposer shall have any rights against the District arising from such negotiations or any invitation to negotiate. It is the intent of this RFP that should a given proposal be accepted, it will automatically become part of a binding contract

11. EVALUATION OF THE RFP: A committee selected by Joshua ISD will review and evaluate all responses and make a recommendation to the Joshua ISD Board of Trustees.

Award will be made to the most responsive and responsible offer. Evaluation of the bid, in accordance with Texas Education Code 44.031, takes into account the following considerations:

Criteria Points

1) Total Cost: the total cost will be determined by calculating “estimated quantities” times the “proposed case”.

2) The reputation of the vendor and of the vendor’s goods and services; 10

3) The quality of the vendor’s goods or services; 10

4) The extent to which the goods or services meet the District’s needs; 10

5) The vendor’s past relationship with the District; 0

6) The total long-term cost to the district to acquire the vendor’s goods or services;

7) 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 B) employs at least 500 persons in this state

Any other relevant factor specifically listed in the request for bids or proposals

Joshua ISD RFP 2024-01

STANDARD TERMS AND CONDITIONS

1. This solicitation shall be governed by the following documents unless an exception is otherwise taken within this solicitation. Some documents are incorporated by reference only, and may not be attached as part of this solicitation, though they will be considered enforced as part of the solicitation.

1. Texas Education Code 44.031.

2. Administrative Reference Manual (ARM)

3. Purchasing and Acquisition, Joshua ISD Policy CH(Legal).

4. Purchasing and Acquisition, Joshua ISD Policy CH(Local).

2. In submitting a response to this RFP, vendor understands and agrees to be bound by the Standard Terms and Conditions which shall be incorporated into any future contracts, agreements, or purchase orders relating to this RFP between the vendor and the District. If any exceptions are taken to any portion of the bid or proposal, the vendor must clearly indicate in writing the exceptions taken and include a full explanation.

Vendor’s failure to identify exceptions or proposed changes will constitute acceptance by the vendor of the bid or proposal as proposed by the District. The District reserves the right to reject a bid or proposal containing exceptions, additions, qualifications, or conditions.

3. Joshua ISD is utilizing the Request for Proposals (RFP) formal procurement method in accordance with Texas Education Code Section 44.031 Purchasing Contracts, Request for Proposals for services other than construction services and the Texas Department of Agriculture’s Administrator’s Reference Manual (ARM) Section 17.

4. If at any time the bidder fails to fulfill or abide by the terms, conditions, or specifications of this contract, Joshua ISD reserves the right to cancel upon 30 days written notification.

5. In the event of conflict, the following order of precedence shall be followed:

1. The terms, conditions, and special provisions of this RFP

2. Any exhibit, schedule, or addendum to this RFP

3. Proposer’s Agreement

6. Quantity may be listed in the line items and are only an estimate. However, this estimate should not be construed to be a guarantee of either minimum or maximum since purchases are dependent upon actual need and available funding. Contracts will be put into effect by means of purchase order executed by the Business Office after awards have been made. Please do not provide goods and/or services without a purchase order. The Purchase order specifies what the District is committing to and ensures that funds are set aside to pay for such commitments. Joshua ISD is not liable for payment of invoices that do not have a purchase order number issued by Joshua ISD Business Office.

7. Joshua ISD may award a contract for any or all of the items of this proposal. A bidder may be awarded on some or all items depending on the District's needs. If a bidder will not accept a partial award, but will accept only an award for all the items proposed, this stipulation must be stated clearly in the proposal response.

8. Joshua ISD is exempt from all applicable Federal and State Tax. Tax-exempt information will be furnished upon request.

9. Insurance coverage is required. A copy of current coverage for General Liability, Workman’s Compensation and Employer’s Liability with Statutory Limits, Automobile Liability and Excess Liability shall be furnished with the response. After board approval of the contract, bidder shall name Joshua ISD as the Certificate Holder and additional insured.

10. All goods are subject to inspection and will be returned at the expense of the vendor if found to be inferior to those specified. Except for those items that have hidden defects or that do not meet specifications, title to all products shall pass to Joshua ISD upon receipt and acceptance at the time of delivery.

11. By submission of a proposal, the proposer warrants that the proposer is an authorized dealer, distributor, or manufacturer for the product(s) being offered, that all items being proposed conform to the specifications for which the items are being offered, and that all items supplied under any contract related to this proposal invitation will be free from all defects in material, workmanship, and title.

A minimum of ninety (90) days product guarantee or the manufacturer’s standard commercial warranty, whichever is greater, shall apply to all products purchased under this Proposal Invitation. This warranty shall provide for replacement of defective merchandise, parts, and labor, and shall include pick-up of the defective merchandise Joshua ISD’s location and delivery of the replacement(s) to the same location. The warranty shall be effective from the date of acceptance of the merchandise.

12. A proposal may not be withdrawn or cancelled by the proposer for a period of ninety (90) days following the date designated for the receipt of proposals, and proposer so agrees upon submittal of their proposal.

13. All Invoices must reflect

1. the name and address of the vendor,

2. the name and address location of the receiving entity,

3. the appropriate Purchase Order Number, and

4. detailed descriptive information identifying the item(s) delivered, including quantity, item number, product code, item description, etc., and must include a properly signed copy of the delivery receipt.

Invoice Mailing Address

Joshua ISD Accounts Payable P.O. Box 40 Joshua, TX 76058

14. Joshua ISD will pay all invoices for accepted merchandise or services no later than 30 days from date of acceptance or delivery as set forth in the specifications for this proposal. Invoices with incorrect prices or other errors or inconsistencies will not be paid until corrected, whether by credit memo(s) or issuance of a corrected invoice. At the option of Joshua ISD, invoices may be corrected upon receipt and payment may be made based upon their corrections.

15. The successful proposer and Joshua ISD agree that both parties have all rights, duties, and remedies available as stated in the Uniform Commercial Code. All services and supplies shall conform to proposed specifications and shall be free from all defects in material, workmanship and title.

16. The contract will not be transferred or assigned to another vendor or contractor without the prior written consent of the District. In the event that the District approves a transfer or reassignment of this agreement, all terms and conditions of this agreement, and addenda to this agreement, will be honored throughout the period and option periods of the agreement.

17. Except as otherwise provided for within the Standard Terms and Conditions of this document, this contract may be terminated in whole or in part by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party; provided that no such termination may be implemented unless and until the other party is given (1) at least ten (10) days written notice (delivered by certified mail, return receipt requested) of intent to terminate and (2) an opportunity for consultation with the terminating party, followed by a reasonable opportunity, of not more than ten (10) working days, to rectify the defects in products or performance, prior to termination.

Valid causes for termination:

1. the vendor’s failure to adhere to any of the provisions of the Standard Terms and Conditions of this Proposal Invitation

2. the vendor’s delivering any product(s) that fails to meet the Item

Specifications included in this Proposal Invitation relating to the awarded product(s)

3. the vendor delivering any substitution(s) of product(s) different than those originally proposed and awarded without the prior written approval of Joshua

ISD,

4. the vendor’s failure to meet the required delivery schedules as identified in the contract documents, or

5. the vendor’s violation of any other provision contained within these Standard Terms and Conditions or any attachment thereto which provides for contract termination as a remedy.

18. This agreement will be construed and governed according to the laws of the State of Texas. Both parties agree that venue for any litigation arising from this contract shall lie in state courts in Johnson County, Texas.

19. By submitting a response to this RFP, each respondent agrees to waive any and all claims it has or may have against the school district and its trustees, employees and officers, including, but not limited to, those arising out of or in connection with the administration, evaluation, or recommendation of any response or proposal; waiver of any requirements under this RFP, or the Contract Documents; acceptance or rejection of any response or proposal; and award of a contract.

20. District is prohibited from indemnifying third parties under Texas law. Any requirement or request for indemnity from the District by any vendor/contractor or contract provision shall be void and of no effect between District and vendor/contractor.

21. If the Board of Trustees for any reason fails to appropriate funds for the good or service, the District will notify the vendor immediately and the district will no longer be obligated to fulfill its responsibilities under the contract. Quantities listed are an estimate and should not be construed to be a guarantee of either minimum or maximum since purchases are dependent upon actual need and available funds.

22. Neither the District nor Vendor shall be responsible or deemed to be in default of its obligations to the other to the extent any failure to perform or delay in performing its obligations under the contract is caused by events or conditions beyond the reasonable control of that party, and are not due to the negligence or willful misconduct of such party (hereinafter, "Force Majeure events"). For purposes of the contract, Force Majeure events shall include, but not be limited to, acts of God or public enemy, war, riot or civil commotion, strikes, epidemic, pandemic, fire, earthquake, tornado, hurricane, flood, explosion, weather-related emergencies, or other catastrophes, or events or conditions due to law, regulations, ordinances, order of a court of competent jurisdiction, or executive decree or order. However, in the event of such delayed non-performance, the party so delayed shall furnish prompt written notice to the other party (including the date of inception of the Force Majeure event and the extent to which it will affect performance) and shall undertake all efforts reasonably possible to cure the delay or nonperformance and mitigate its effects, or to otherwise perform. The District shall not be responsible for payment for any product or service delayed or foreclosed by any Force Majeure event unless and until such delayed or foreclosed product or service is provided.

23. Joshua ISD is a public entity subject to the provisions of the Texas Public Information Act (Tex. Govt. Code Ch. 552). Responses to this invitation may be subject to release as public information unless the response or specific parts of the responses are exempted from public disclosure under such Act. The firm must stamp in bold red letters the term “CONFIDENTIAL” or “PROPRIETARY” on every page of any part of the bid that the firm claims is confidential or proprietary. All responses and parts of responses that are not marked as confidential or proprietary will be considered public information after the proposal is opened. The District assumes no liability or responsibility for release of any information not properly marked.

24. Joshua ISD will allow respondents to request clarification of information prior to the close of the bid/proposal. These requests must be received a minimum of 3 business days prior to the close of the bid/proposal. Joshua ISD will address the request for additional information as an addendum to all respondents.

25. Protests and complaints should be submitted in writing and sent to the Purchasing Director at fuchsc@joshuaisd.org. Joshua ISD will address all respondent protests within 24 hours of the bid award. Joshua ISD will provide evaluation scores at the request of the respondent. Violations of law should be referred to the local, state, or federal authority.

26. Awarded vendor(s) shall certify to Joshua ISD that any representatives and employees who will be performing services on campuses or will have direct contact with students shall be subject to a criminal history check and shall not have a criminal history which is objectionable to Joshua ISD. If vendor's employees or vendor's authorized subcontractors are to be on campus locations, they must provide a current drivers license to be checked within the Raptor security system.

27. Vendor, its employees, subcontractors, and subcontractor’s employees may not use or possess any firearms, alcoholic or other intoxicating beverages, illegal drugs or controlled substances while on the job or on Joshua ISD’s property, nor may such workers by intoxicated or under the influence of alcohol or drugs on Joshua ISD’s property.

28. The Vendor is required, at their own expense, to secure and furnish to the District the following Certificates of Insurance and shall maintain same throughout the contract. The Certificates of Insurance shall name the Joshua Independent School District as Certificate Holder; the District will be named additional insured on General Liability and Automobile Liability Certificates. Certificates should be mailed to: Joshua ISD, Attn:

Purchasing Department, 310 E 18th St. Joshua, TX 76058. The selected Contractor will be required to supply the insurance certificate(s) prior to the start of the contract.

Types of Insurance Coverage Limits of Liability

A. Worker’s Compensation $1,000,000 each accident $1,000,000 disease policy $1,000,000 disease each employee

B. Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee

C. Commercial General Liability $4,000,000 general aggregate $2,000,000 completed operations aggregate $2,000,000 each occurrence $500,000 fire damage

D. Commercial Auto Liability $5,000,000 combined single limit

E. Product Liability $1,000,000

Joshua ISD reserves the right to require additional insurance coverage to be carried by the Supplier as deemed desirable by Joshua ISD, depending on the type of project.

PRICING SHEET

Please provide pricing for the following items. Bidders should complete “Cost Per Case” and “Total Cost” sections. If the pack size differs from the chart below, please note in response.

Bidders do not have to use this sheet, but do need to adhere to the same format when preparing their response. If a product bid on this solicitation contains recycled material, identify the item, and report the percent of all recycled material in the product and the percent of post-consumer material used in the product. Attach additional pages for pricing and product information as necessary.

Pricing must be completed and returned for your bid to be considered responsive.

Joshua ISD Paper Goods and Cafeteria Supplies

Item Description

Specifications Number of Cases

Pack Size

Cost Per Case

Total Cost

Individually wrapped cutlery kits

To contain fork, spoon, napkin, and milk straw; pp; heavy weight. May NOT contain salt and/or pepper.

280 500

Disposable student lunch tray

Five compartments, foam, black

340 500

Plastic Portion cup

5 or 5.5 oz, clear 60 2400

Plastic Portion cup lid

To fit 5 or 5.5 oz portion cup quoted

60 2500

Plastic Portion cup

4 oz, black 65 2500

Plastic Portion cup lid

To fit 4 oz portion cup quoted 65 2500

Plastic Souffle & Portion Cup

5 oz., black, square 45 2500

Container, plastic, clear hinged 4 oz.

Container, plastic, clear hinged 4 oz.

15 400

Disposable Soup Bowl

12 oz, paper, plastic coated, heat tolerant

25 50

Lid for Soup Bowl

Lid for paper 12 oz soup bowl quoted

25 50

Gloves Vinyl, Powderless, Available in small, medium, large and extra large

35 1000

Gloves Vinyl, Powdered, Available in small, medium, large and extra large

35 1000

Hairnet Brown, 24 inch, latex free 25 144 Sheet pan liners 16.4 X 24.4, grease proof, standard release 35 1000

Bun pan covers Plastic, clear, 21 X 6 X 35 18 200

Bun pan rack covers

Plastic, disposable, 52 X 80 18 50

Thermometer probe wipes

Packets 18 1000

Laundry Detergent

He detergent 24 25 lb.

Bag, Food Storage

Plastic, freezer, 1 gallon, zipper 24 250

Bag, Food Storage

Plastic, freezer, 2 gallons 24 100

Trash can liners Liner, 56-gallon, 1.2 ml, 90 lb. 36 100 Cookie bag Paper or plastic 6.5 x 6.5 24 1000 Foil lined paper sheets

13.5 x 10.5, red plaid 32 2000

Foil lined paper sheets

13.5 x 10.5, 24 2000

Foil lined paper sheets

13.5 x 10.5, printed "cheeseburger"

24 2000

Foil wrap for potatoes

9 x 10.75, 12 3000

Food tray, .25 lb. Paper, red plaid 24 1000 Food tray, .5 lb. Paper, red plaid 24 1000 Food tray, 1 lb. Paper, red plaid 24 1000 Food tray, 2 lb. Paper, red plaid 24 1000 Container, Clear, plastic, hinged, Plastic, clear, 6" 36 500

3 compartment, hinged container

Foam, white, 9.5 x 9 x 3 16 200

3 compartment, hinged container

Plastic, clear 8.5 x 8 x 3 16 200

Container, plastic, clear hinged

4 compartment, 12 oz, breakaway

15 150

JOSHUA ISD CAMPUS LIST AND ADDRESSES FOR DELIVERIES

Campus Name Address A.G. Elder Elementary School 513 Henderson Joshua, TX 76058

Caddo Grove Elementary School 7301 FM 1902 Joshua, TX 76058 H. D. Staples Elementary School 505 S. Main Joshua, TX 76058

North Joshua Elementary School 100 Ranchway Dr. Burleson, TX 76028

Plum Creek Elementary School 500 Plum Street Joshua, TX 76058

Loflin Middle School 6801 FM 1902 Joshua, TX 76058 Nichols Middle School 2845 FM 731 Burleson, TX 76028 Joshua High School 909 S. Broadway Joshua, TX 76058 Ninth Grade Campus 1035 S. Broadway Joshua, TX 76058

PROPOSAL ACKNOWLEDGEMENT

The undersigned, in submitting this Bid/Proposal and endorsement of same, represents that he/she is authorized to obligate his/her Firm, that he/she is an equal opportunity employer and will not discriminate with regard to race, color, religion, sex, national origin, age or disability unrelated to job performance of this Bid/Proposal; that he/she will abide by all the policies and procedures of Joshua ISD; that any and all exceptions to the terms and conditions of this bid have been noted in writing; and that he/she has read this entire Bid/Proposal package, is aware of the covenants contained herein and will abide by and adhere to the expressed requirements in ALL sections of this Bid/Proposal.

RETURN THIS FORM WITH BID RESPONSE

Date: ____________________

Signed______________________________________________________________

Print Name___________________________________________________________

Company Name_______________________________________________________

Remit to Address______________________________________________________

City/State Zip_________________________________________________________

Telephone Number: _______________________

Contact Email________________________

References

Even if your company currently performs work for the district, we require references from outside sources to judge reputation. Please provide at least three references.

1. _________________________________ __________________________ Company/School Telephone #

Contact Person Email

2. _________________________________ __________________________ Company/School Telephone #

Contact Person Email

3. _________________________________ __________________________ Company/School Telephone #

Contact Person Email

FELONY CONVICTION NOTIFICATION

State of Texas Legislative Senate Bill No. 9, Section 44.034 of Texas Education Code, Notification of Criminal History, Subsection (a), states, “a person or business entity that enters into a contract with a school district must give advance notice to the District if the person or owner or operator of the business entity has been convicted of a felony.” The notice must include a general description of the conduct resulting in the conviction of a felony.

Subsection (b) states, “a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction.” The district must compensate the person or business entity for services performed before the termination of the contract.

CRIMINAL HISTORY REVIEW OF CONTRACTOR EMPLOYEES

Texas Education Agency Amendment to 19 TAC 153.1101 and new rule 19 TAC 153.117 regarding criminal history checks of contractor employees provide the school district with rules interpreting Texas Education Code §22.0834. The rules define continuing contract duties, direct contact with students and other relevant terms within the statute.

Except as otherwise provided herein, Contractor will obtain and certify in writing, before work begins, and at least annually, a criminal history record information that relates to an employee, applicant, agent or Subcontractor of the Contractor or a Subcontractor, if the person has or will have continuing duties related to the Project, and the duties are or will be performed on Owner’s property where students are regularly present or at another location where students are regularly present. Contractor shall assume all expenses associated with the background checks and shall immediately remove any employee or agent who was convicted of, received probation for, or received deferred adjudication for any felony as outlined below or any misdemeanor involving moral turpitude, from Owner’s property or other location where students are regularly present. Owner shall determine what constitutes “moral turpitude” or “a location where students are regularly present.”

Contractor or sub-contractors may not work on District property where students are present when they have been convicted, received probation or deferred adjudication for the following felony offenses:

1. Any offense against a person who was, at the time the offense occurred, under 18 years of age or enrolled at a public school;

2. Any sex offense;

3. Any crimes against persons involving:

i. Controlled substances; or

ii. Property; or

4. Any other offense the District believes might compromise the safety of students, Staff or property.

Please complete the information below:

I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions and criminal history checks for the company employees, agents, or subcontractors that will be on LISD campuses have been reviewed by me and the following information furnished is true to the best of my knowledge.

Vendor’s Name:

Authorized Company Official’s Name (please print or type):

A. My firm is not owned nor operated by anyone who has been convicted of a felony.

Signature of Company Official: Date:

B. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony:

Name of Felon(s):

Details of Conviction(s):

Signature of Company Official: Date:

C. My firm is a publicly held corporation, therefore, this reporting requirement is not applicable.

Signature of Company Official: Date:

RETURN THIS FORM WITH BID RESPONSE

BIDDER’S CERTIFICATION

The 1985 Texas Legislature passed HB 620 relating to bids by nonresident contractors. The pertinent portion of the Act has been extracted and is as follows:

Section 1. (a)

(2) “Nonresident bidder” means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state.

(3) “Texas resident bidder” means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state.

Section 1. (b) The state or a governmental agency of the state may not award a contract for general construction, improvements, services, or public works projects or purchases of supplies, materials, or equipment to a nonresident bidder unless the nonresident’s bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident’s principal place of business is located.

I certify that is a

(Company Name)

Resident Bidder of Texas as defined in HB 620.

Signature

Print Name

I certify that is a

(Company Name)

Nonresident Bidder of Texas as defined in HB 620 and our principal place of business is:

(City and State)

Signature

Print Name

JOSHUA INDEPENDENT SCHOOL DISTRICT

AFFIDAVIT OF NON-COLLUSION

By submission of this bid or proposal, the undersigned certifies that:

a. This bid or proposal has been independently arrived at without collusion with any other bidder or with any other competitor;

b. This bid or proposal has not been knowingly disclosed, and will not be knowingly disclosed, to any other bidder, competitor prior to the opening of bids or proposals for this project;

c. No attempt has been or will be made to induce any other person, partnership, or corporation to submit or not submit a bid or proposal;

d. The undersigned certifies that he is fully informed regarding the accuracy of the statements contained in this certification, and that the penalties herein are applicable to the bidder as well as to any person signing on his behalf.

Company Name: ___________________________________________________________

Printed Name: ________________________________________

Authorized Signature: __________________________________

Title: _______________________________________________

Date: _______________________________________________

CERTIFICATE OF INTERESTED PARTIES (CIP FORM 1295)

Certificate of Interested Parties (CIP Form 1295) is required to be submitted by a vendor doing business with a local governmental entity in accordance with Chapter 46, Section 2252.908 of the Texas Local Government Code. A CIP Form 1295 must be submitted online at https://www.ethics.state.tx.us/filinginfo/1295/. Please complete the form online and include a copy with your paper response.

Note: Please use the Joshua ISD RFP #2024-01 as the identification number requested in box 3 of the CIP Form 1295.

Please acknowledge that you have read and understood that the District may not do business with your company without the submittal of this form.

We understand and agree to comply. We cannot fully comply.

CERTIFICATION OF COMPLIANCE WITH BUY AMERICAN PROVISIONS

The Buy American provision, set out in 7 C.F.R. Part 210.21(d), requires participants in the National School Lunch Program and School Breakfast Program to use the nonprofit food service funds, to the maximum extent practical, to buy domestic commodities or products. A “domestic commodity or product” is defined as one that is either produced in the U.S. or is processed in the U.S. substantially using agricultural commodities that are produced in the U.S. “Substantially” means that over 51 percent of the final processed product consists of agricultural commodities that were grown domestically.

Vendor certifies that, in compliance with the Buy American provision, its products are “domestic commodities or products” as defined by 7 C.F.R. § 210.21(d).

________ Initials of Authorized Representative of Vendor

Vendor further certifies that its products(s):

have at least % U.S.

content.

Alternatively, Vendor hereby acknowledges its products DO NOT comply with the Buy American provision, set forth in 7 C.F.R. § 210.21(d).

________ Initials of Authorized Representative of Vendor

REQUEST FOR EXCEPTION FROM THE BUY AMERICAN PROVISION

Exceptions to the Buy American provision should be utilized as a last resort; however, an exception may be approved upon request. If Vendor did not certify compliance with the Buy American provision above, it may request an exception by checking one or both of the following grounds for an exception:

The product is not produced or manufactured in the U.S. in sufficient and reasonable available quantities of a satisfactory quality.

The costs of a U.S. product are significantly higher than the non-domestic product.

Vendor certifies that it submits this request for an exception from the Buy American provision in good faith and with the reasonable belief that: (a) the product is not produced or manufactured in the U.S. in sufficient and reasonable available quantities of a satisfactory quality; and/or (b) the costs of a U.S. product are significantly higher than the non-domestic product.

YES ________ Initials of Authorized Representative of Vendor

Form W-9 (Rev. March 2024)

Request for Taxpayer Identification Number and Certification

Department of the Treasury Internal Revenue Service Go to www.irs.gov/FormW9 for instructions and the latest information.

Give form to the requester. Do not send to the IRS.

Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below.

P ri nt o r ty p e.

S ee S p ec if ic

In st ru ct io n s on p ag e 3.

1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner’s name on line 1, and enter the business/disregarded entity’s name on line 2.)

2 Business name/disregarded entity name, if different from above.

3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check only one of the following seven boxes.

Individual/sole proprietor C corporation S corporation Partnership Trust/estate

LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) Note: Check the “LLC” box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate box for the tax classification of its owner.

Other (see instructions)

3b If on line 3a you checked “Partnership” or “Trust/estate,” or checked “LLC” and entered “P” as its tax classification, and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check this box if you have any foreign partners, owners, or beneficiaries. See instructions

4 Exemptions (codes apply only to certain entities, not individuals;

see instructions on page 3):

Exempt payee code (if any)

Exemption from Foreign Account Tax Compliance Act (FATCA) reporting code (if any)

(Applies to accounts maintained outside the United States.)

5 Address (number, street, and apt. or suite no.). See instructions.

6 City, state, and ZIP code

Requester’s name and address (optional)

7 List account number(s) here (optional)

Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.

Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter.

Social security number or Employer identification number

Part II Certification Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and

2. I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue

Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and

4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.

Sign Here

Signature of U.S. person Date

General Instructions Section references are to the Internal Revenue Code unless otherwise noted.

Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.

What’s New Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the “LLC” box and enter its appropriate tax classification.

New line 3b has been added to this form. A flow-through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow-through entity in which it has an ownership interest. This change is intended to provide a flow-through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065).

Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they

Cat. No. 10231X Form W-9 (Rev. 3-2024)

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

FORM CIQ

OFFICE USE ONLY

Date Received

This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.

A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.

1 Name of vendor who has a business relationship with local governmental entity.

Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)

3 Name of local government officer about whom the information is being disclosed.

Name of Officer

4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.

Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor?

Yes No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity?

Yes No

5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an

Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).

Signature of vendor doing business with the governmental entity Date ownership interest of one percent or more.

www.ethics.state.tx.us

COMPLETE THIS FORM ONLY IF THERE IS A CONFLICT

fuchsc Highlight

VENDOR CERTIFICATIONS

CERTIFICATION REGARDING BOYCOTTING CERTAIN ENERGY COMPANIES

If (a) vendor is not a sole proprietorship; (b) vendor has ten (10) or more full-time employees; and (c) this agreement has a value of $100,000 or more that is to be paid wholly or partly from public funds, the following certification shall apply; otherwise, this certification is not required. Pursuant to TEX. GOV’T CODE Ch. 2274 of SB 13 (87th session), vendor hereby certifies and verifies that vendor, or any wholly owned subsidiary, majority- owned subsidiary, parent company, or affiliate of these entities or business associations, if any, does not boycott energy companies and will not boycott energy companies during the term of the agreement.

For purposes of this agreement, the term “company” shall mean an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, that exists to make a profit. The term “boycott energy company” shall mean “without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company (a) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law, or (b) does business with a company described by paragraph (a).” See TEX. GOV’T CODE § 809.001(1).

Initials of Authorized Representative of Vendor, if applicable

CERTIFICATION PROHIBITING DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES

If a vendor is not a sole proprietorship, has ten (10) or more employees, and the value of vendor’s contract has a value of $100,000 or more, vendor certifies by submitting vendor’s bid or proposal that it does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, as defined by Texas Government Code Ann. Chapter 2274, and will not during the term of any contract with Joshua ISD, unless excepted from that law.

Initials of Authorized Representative of Vendor, if applicable

CERTIFICATION REGARDING CERTAIN FOREIGN-OWNED COMPANIES IN CONNECTION WITH

CRITICAL INFRASTRUCTURE

Vendor is prohibited from entering into a contract or other agreement relating to critical infrastructure that would grant direct or remote access to or control of critical infrastructure in this state, excluding access specifically allowed by the vendor for product warranty and support purposes. Vendor, certifies that neither it nor its parent company nor any affiliate of vendor or its parent company, is (1) owned by or the majority of stock or other ownership interest of the company is held or controlled by individuals who are citizens of China, Iran, North Korea, Russia, or a designated country; (2) a company or other entity, including governmental entity, that is owned or controlled by citizens of or is directly controlled by the government of China, Iran, North Korea, Russia, or a designated country; or (3) headquartered in China, Iran, North Korea, Russia, or a designated country. For purposes of this contract, “critical infrastructure” means “a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system, or water treatment facility.” See TEX. GOV’T CODE § 2274.0101(2) of SB 1226 (87th leg.).