ESBD_397350_1739999145413_RFP 25-010V Bank Depository Services.pdf

REQUEST FOR PROPOSALS

FOR

District Bank Depository Services Solicitation # 25-010V

Issued By:

Schertz-Cibolo-Universal City Independent School District

Closing Date:

2:00 PM

March 25, 2025

The SCUCISD is soliciting Proposals from banks to serve as a depository to assist with the banking functions for funds of the district and any/all obligations per the specifications, terms, and conditions, contained in this Solicitation and In accordance with the Texas Education Code (TEC), Chapter 45, Subchapter G.

ADDENDA TO RFP. SCUCISD reserves the right to revise and amend the specifications prior to the date set for the receipt of proposals. Respondents are requested to clarify any ambiguity, conflict, discrepancy, omission, or other error(s) in the RFP in writing. Revisions or amendments, if any, will be made by issuing an addendum. Every effort will be made to send any addenda issued to the parties known to have been furnished a complete copy of the RFP. It is the responsibility of each Contractor, prior to submitting the Proposal, to contact the Purchasing Department to determine if any addenda were issued and, if so, to obtain such addenda for attachment to the Proposal. Register online at https://scucisd.procureware.com to receive any addenda and submit questions or comments concerning this solicitation.

For Further Information Contact:

SCUCISD Purchasing & Supply Department Attn: Aaron Miranda

1056 Elbel Road, Schertz, TX 78154

PH: 210/945-6223

FX: 210/945-6251

Email: amiranda@scucisd.org https://scucisd.procureware.com/ mailto:amiranda@scucisd.org

TABLE OF CONTENTS

SECTION 1 – INSTRUCTIONS

SECTION 2 – SPECIFICATIONS

SECTION 3 – EVALUATION CRITERIA AND SUBMITTAL REQUIREMENTS

SECTION 4 – GENERAL TERMS AND CONDITIONS

SECTION 5 – REQUIRED FORMS

SECTION 6 - EXHIBITS ……………………………………………………………….…………42

Call to Action

Through high quality and student-centered learning experiences, students will leave SCUC confident, empowered, and prepared with the skills to pursue their individual passions.

Values

Leadership, Character, Commitment, Service, Learning

Schertz-Cibolo-Universal-City ISD Solicitation No. 25-010V District Bank Depository Services

SECTION 1: INSTRUCTIONS

1. PROPOSAL SUBMISSION: To be considered, the proposal must be prepared in the manner and detail specified in this proposal.

a. Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of the RFP. Extensive binding, colored displays, promotional materials, etc., are not necessary or desired. Emphasis should be concentrated on conformance and clarity of content.

b. Bids/Proposals must be submitted sealed and delivered to the Purchasing office and will initially be opened on Tuesday, March 25, 2025, at 2:00 PM, local time.

c. QUESTIONS: Questions regarding this RFP must be submitted in writing via https://scucisd.procureware.com on or before March 6, 2025, at 4:00 PM.

d. PRE-PROPOSAL MEETING: Not Applicable

e. NUMBER OF COPIES: Physical: One (1) original and four (4) copies along with one (1) electronic copy on a flash/thumb drive must be submitted to the Purchasing Department marked “ORIGINAL”.

Electronic: Electronic submission may only be submitted using the District’s Procureware application found at https://scucisd.procureware.com. No other forms of electronic submission will be accepted.

f. Offers may be hand-carried or mailed in a sealed envelope/package clearly marked with the offering company's name, return address, RFP number, and opening date and time.

g. Submissions that are sent via facsimile or e-mail will not be considered.

h. Proposal submissions received late, unsigned, or in locations other than as stated in this solicitation will be returned without consideration.

i. The Schertz-Cibolo-Universal City Independent School District is not bound to accept any Proposal and reserves the right to accept or reject in whole or in part, any and all Proposals, to negotiate portions thereof, and to waive any minor informality.

j. All costs incurred in the preparation and submission of the RFP response shall be borne solely by the Vendor. Where Vendors may be required to perform a presentation, give demonstrations, provide samples and/or technical literature, or participate in any interview process as related to this solicitation, all costs shall be borne by the Vendor.

k. Any Proposals submitted in response to this Request for Proposals will become irrevocable upon the closing time and remain open for acceptance for ninety (90) days from the closing date whether or not another RFP has been accepted.

l. SCUCISD is part of a multi-member purchasing alliance. Please see General Terms and Conditions

– Central Texas Purchasing Alliance (CTPA) Adoption Clause for additional information.

m. Submission of a Proposal shall be construed to mean that the Vendor agrees to carry out all of the conditions outlined in this document. Any proposed variation from the specifications, terms and conditions shall be identified. Please provide details of any non-compliance with stated conditions on the deviation summary section provided on the Exceptions form Attachment D. If no changes are indicated, the Proposer must provide the services exactly as specified.

n. The Solicitation Forms provided must be used. Failure to follow these instructions may cause a Proposal to be determined as non-responsive and the Proposal rejected. The above information must be clear and concise.

o. The District reserves the right to select any offer it deems the best value, regardless of price.

Schertz-Cibolo-Universal-City ISD Solicitation No. 25-010V District Bank Depository Services

2. RFP CLARIFICATION: Questions regarding this RFP should be submitted via https://scucisd.procureware.com. Answers citing the question will be distributed simultaneously to all known prospective offerors through Procureware. Oral answers provided by SCUCISD or its agents shall not be binding. No modification or amendment to this Request for Proposal shall be valid unless it is set forth in writing -- via a signed addendum or amendment from the District Purchasing Office.

3. PROPOSER RESPONSIBILITY: We expect you to be thoroughly familiar with all specifications and requirements of this RFP. Your failure or omission to examine any relevant form, article, site or document will not relieve you, as a contractor, from any obligation regarding this RFP. By submitting a Response, you are presumed to concur with all terms, conditions and specifications of this RFP. Any exception must be clearly defined and referenced in the proper paragraph in this Solicitation. Objections we consider excessive or affecting vital terms may reduce or eliminate your prospects for an award.

4. COMPLETENESS: The proposal shall be complete in all aspects as indicated. A Proposal may be rejected if it is conditional or incomplete, or it contains irregularities of any kind.

5. FALSE/MISLEADING STATEMENTS: Proposals that contain false or misleading statements, or which provide references that do not support an attribute or capability of the proposed system or service may be rejected. If, in the opinion of the District, such information was intended to mislead the District in its evaluation of the Proposal and the attribute, condition, or capability as a requirement of the RFP, the Proposal shall be rejected.

6. PROPOSAL SIGNATURE: The Proposal must be signed by an individual who is authorized to bind the responding firm contractually. The signature should indicate the title or position that the individual holds in the firm. Firms who sign their contracts with the name of the firm must provide the name of the corporate officer for signature validation by the District. An unsigned Proposal shall be rejected.

7. AWARD: SCUCISD will award the contractor who presents the greatest value to SCUCISD from the standpoint of suitability to purpose, quality, service, previous experience, price, ability to deliver, or for any other reason deemed by the District to be in the best interest of SCUCISD. The award will not be determined by costs but upon the applicable criteria as listed under EVALUATION CRITERIA.

8. PRECEDENCE: In the event of contradictions or conflicts between the provisions of the documents comprising the Contract, they will be resolved by giving precedence in the following order:

a. the provisions of the Contract (as it may be amended);

b. the provisions of the RFP (as it may be supplemented).

c. the provisions of the Contractors Response (as it may be clarified);

9. CONTRACT PERIOD: Initial two (2) Year Period with up to three (3) two-year Renewal Options not to exceed a total of eight (8) years. The initial term shall cover the period from September 1, 2025, through August 31, 2027. The District reserves the right to extend the contract awarded. Such extension(s) will be at the option of the District, subject to the same terms, conditions, favorable prices, and mutual agreement between the Contractor and the District in writing, at least 30 days prior to renewal.

10. SCHEDULE OF EVENTS

Following is a list of projected dates/times with respect to this RFP.

RFP Release Date February 19, 2025 Final Questions Accepted March 6, 2025, 4:00 PM Addendum Issued March 11, 2025 Proposals Due / Bid Closing March 25, 2025, 2:00 PM Tentative Board Approval April 17, 2025 Contract Commencement September 1, 2025

Schertz-Cibolo-Universal-City ISD Solicitation No. 25-010V District Bank Depository Services

SECTION 2 – SPECIFICATIONS

OVERVIEW: Schertz-Cibolo-Universal City Independent School District (District) hereby requests professional firms to submit their Proposals in order to award one or multiple firms to provide financial advisory services.

In accordance with the Texas Education Code (TEC), Chapter 45, Subchapter G, School District Depositories, the Board of Trustees of the district will select a depository through soliciting proposals for a depository services contract for a term of two years beginning September 1, 2025 and ending August 31, 2027 or until a successor depository is selected, qualified, and agrees to a depository agreement based on either fees or compensating balances or an extension is granted with terms agreed upon by both parties.

The district and the depository may agree to extend this contract for two additional two-year terms in accordance with the TEC, §45.205. This section requires that the contract and any extension of this contract coincide with the district’s fiscal year. If the district changes its fiscal year, the term of the contract may be shortened or extended no more than one year by mutual agreement to coincide, provided that this contract remains in effect until its successor is selected and has been qualified. If the parties cannot agree, the district has the option to change the term of this contract.

The legal provisions providing for naming a depository of the district are set forth in the TEC, Subchapter G, School District Depositories, §§45.201 through 45.209. Investments by the district are governed by the Texas Government Code (TGC), Chapter 2256, Public Funds Investment. Securities pledged as collateral to secure district deposits are governed by the TGC, Chapter 2257, Collateral for Public Funds.

A. GENERAL INFORMATION:

1. SCUCISD serves the cities of Schertz, Cibolo, Universal City, and rural areas of northeast Bexar

County as well as southwest Guadalupe County with its boundaries extending over a 73 square mile area.

2. The District currently has three (3) high schools, one (1) alternative education center, two (2) junior high schools, three (3) intermediate schools, and eight (8) elementary schools with instruction to approximately 14,875 students. Additionally, the District has two (2) administrative facilities dedicated to operations and professional development.

B. REQUIREMENTS:

The following requirements must be met:

1. The bank selected as the depository will notify the district in writing within 10 days of any changes in federal or state regulations or laws that would affect the depository agreement.

2. The depository's records relating to the district's accounts must be open to review by the district, its independent auditors, and the Texas Education Agency.

3. The district reserves the right to pay for depository services by targeted balances or by fees.

4. The district reserves the right to exclude direct payroll deposit service from the depository contract if the bank does not offer direct payroll deposit service.

C. LEGISLATIVE CHANGE:

Changes in the law that may be enacted by the Texas Legislature, in session, could alter the scope of requirements as stated in this document. The proposal should conform to all statutes in effect at the time of proposal opening.

D. DISTRICT RIGHTS:

The district reserves the right to:

- waive any defect, irregularity, or informality in the proposal or proposal procedures;

- reject any and all proposals;

- accept any proposal or portion thereof most advantageous to the district;

- request additional information or require a meeting with bank representatives for clarification;

- cancel, revise, or reissue this request for proposal or any portions of it, Schertz-Cibolo-Universal-City ISD

- negotiate any conditions;

- retain all other provisions even if any provision of the proposal is determined invalid;

- modify deadlines; and

- select any proposal considered to be in its best interest as determined by the district.

E. INSURANCE REQUIREMENTS

Coverages. Successful Proposer shall, at a minimum, provide, pay for, and maintain in force at all times during the term of this Contract the following insurance.

1. Commercial Liability Insurance. A Commercial Liability Insurance Policy shall be provided which shall contain minimum limits of One Million Dollars ($ 1,000,000.00) per occurrence combined single limit for bodily injury liability and property damage liability and shall contain minimum limits of One Million Dollars ($ 1,000,000.00) per aggregate and must include:

a. Premises and/or operations

b. Independent Consultants

c. Products and/or completed operations for contracts

d. Broad form contractual coverage applicable to this specific Contract, including any hold harmless and/or indemnification Contract

e. Personal injury coverage with employee and contractual exclusions removed, with minimum limits of coverage equal to those required for bodily Injury liability and property damage liability.

2. Business Automobile Liability. Business Automobile Liability shall be provided with minimum limits of Five Hundred Dollars ($ 500,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Must include:

• Owned Vehicles, if applicable.

• Hired and Non-Owned Vehicles, if applicable.

3. Workers Compensation Insurance. Workers' Compensation insurance is to apply for all employees in compliance with Texas Statutes, as may be amended from time to time. In addition, the policy(ies) must include: Statutory Limits, Employers' Liability - $500,000 @ accident; $500,000 policy limit; $500,000 @ employee

4. Professional Liability Insurance. Professional Liability shall be provided with minimum limits of One Million Dollars ($ 1,000,000) per occurrence and One Million Dollars ($ 1,000,000) per aggregate.

a. Such policy or policies shall be without any deductible amount unless otherwise noted in this Contract and shall be issued by approved companies authorized to do business in the State of Texas, and having agents upon whom service of process may be made in Texas.

Consultant shall pay all deductible amounts, if any. Consultant shall specifically protect the District and the Board of Trustees by naming the Schertz-Cibolo-Universal City ISD as additional insured under the Commercial Liability Policy as well as on any Excess Liability Policy coverage.

5. Proposer shall furnish to the District’s Contract Administrator a Certificate of Insurance or endorsements evidencing the insurance coverage specified herein within fifteen (15) calendar days after notification of award of the Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. Consultant’s failure to provide to District the Certificates of Insurance or endorsements evidencing the insurance coverage within fifteen (15) calendar days shall provide the basis for the termination of the Contract.

6. Coverage is not to lapse and is to remain in force (subject to cancellation notice) until all performance required of the Consultant is complete. All policies must be endorsed to provide the District with at least thirty (30) days’ notice of expiration, cancellation and/or restriction. If any of the

Schertz-Cibolo-Universal-City ISD insurance coverages will expire prior to the completion of the work, copies of renewal policies shall be furnished at least thirty (30) days prior to the date of their expiration.

7. District reserves the right to review and revise any insurance requirements at the time of renewal or amendment of this Contract, including, but not limited to, deductibles, limits, coverage, and endorsements based on insurance market conditions affecting the availability or affordability of coverage, or changes in the scope of work or specifications that affect the applicability of coverage.

END OF SECTION

Schertz-Cibolo-Universal-City ISD

SECTION 3: EVALUATION CRITERIA AND SUBMITTAL REQUIREMENTS

1. EVALUATION: The following will be considered in making the selection:

The Proposals will be evaluated at the sole and absolute discretion of the District and its designees. The District shall consider the following criteria.

25 Cost of services (charges for keeping district accounts, records, and reports and for furnishing checks)

20 Ability of the bank to provide the necessary services and perform the duties as depository.

Experience in providing depository services to similar accounts (strength of project team).

20 Additional services offered (purchasing card, payroll card, lease rate, other) and Fund Availability Schedule.

20 Interest rates offered on time deposits.

15 The Automated services offered and the Fraud prevention and notification policy.

NOTE TO PROPOSERS:

a. Each proposal submitted in response to this RFP shall focus on the above criteria. The Evaluation shall also consider those factors listed in TEC, Subchapter G, School District Depositories, §§45.201 through 45.209. Investments by the district are governed by the Texas Government Code (TGC), Chapter 2256, Public Funds Investment. Securities pledged as collateral to secure district deposits are governed by the TGC, Chapter 2257, Collateral for Public Funds. Proposals will be evaluated equally and fairly; no preference will be given to any Proposer based solely on previous experience with the District or to an incumbent thereof. The District reserves the right to make additional inquiries and may request the submission of additional information.

2. GENERAL SUBMITTAL REQUIREMENTS:

a. PROPOSAL FORMAT: Each proposal should be prepared simply and economically. Responses shall be in the same order as the requirements listed below and in the following section.

b. PROPOSAL CONTENT: The Proposer must include the following items, or the proposal may be deemed non-responsive and rejected without any further evaluation (unless otherwise indicated herein):

1) All forms contained or listed in Section 5 in this RFP, fully completed:

2) A complete response to each of the items in the next section, which are specific to the evaluation criteria. (See next section for more detail.)

3. SUBMITTAL REQUIREMENTS SPECIFIC TO EVALUATION CRITERIA:

• Attachment A – Vendor Questionnaire

• Attachment B – Proposal Form

• Attachment D – Exceptions to the Solicitation

4. EXCEPTIONS: The proposer shall clearly identify any proposed deviations from the language contained herein. Each exception must be clearly defined and referenced to the proper paragraph in this Solicitation.

The exception shall include, at a minimum, the Proposer's proposed substitute language and opinion as to why the suggested substitution will provide equivalent or better service and performance. If no exceptions are noted in the Proposer's proposal, the District will assume complete conformance with this specification and the successful Proposer will be required to perform accordingly. Proposals not meeting all requirements may be rejected. Proposals taking exception to any language in the General Terms and Conditions may be rejected as nonresponsive.

Schertz-Cibolo-Universal-City ISD

SECTION 4: GENERAL TERMS AND CONDITIONS

1. BILLING AND PAYMENT: District standard terms will be Net 30 days; however, Proposers may offer a prompt payment discount in their original Proposal response such as 2% / 10 days: Net 30. Payment will be made, in arrears, in accordance with the Texas Prompt Payment Act, Texas Gov’t Code 2251.

2. EVALUATION OF PROPOSALS: Proposal evaluation will be done based on the information provided by the Offeror. It is very important that the Offeror provide all required information as part of their Proposal.

Failure to provide necessary information and documentation could result in the Proposal being rejected.

3. APPLICABILITY: These conditions are applicable and form a part of the contract documents in each supply and/or service contract and are a part of the terms of each purchase order for items of equipment and/or service included in the specifications and solicitation forms issued herewith. Any resulting contract shall include this solicitation, and Proposal received.

4. PROPOSAL RESPONSE: Unless otherwise specified, Offerors are required to submit an executed original of the Proposal. The proposal response must contain:

a. Vendor Questionnaire

b. Vendor References

c. Signed; Proposal Form

d. Exceptions to the Solicitation

e. Felony Conviction Notice Form

f. Conflict of Interest Form. Local Government Code Chapter 176 imposes disclosure/reporting obligations on vendors. If a conflict exists, please complete and return the Conflict of Interest Questionnaire Form CIQ. See https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf for information.

g. EDGAR & TDA Certification Requirements

h. Any additional documents required by the Solicitation.

5. THOSE WHO DO NOT PROPOSE are requested to notify the SCUCISD Purchasing Department in writing if they wish to receive future Proposals. Failure to do so may result in their being deleted from our prospective Bidders list.

6. DISCLOSURES: By signing this Proposal, a Vendor affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with the Proposal submitted.

7. INTERLOCAL AGREEMENTS: Interlocal Agreements with other School Districts through the Central Texas Purchasing Alliance

a. Membership. SCUCISD is a member in good standing of the Central Texas Purchasing Alliance (CTPA / txctpa.org), an alliance of over 100 school districts in Texas representing over 1.5 million 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.

b. Adoption of Awarded Contracts. In support of this collaborative effort, all awards made by SCUCISD 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.

c. Adopted Contract Management. 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.

Schertz-Cibolo-Universal-City ISD Solicitation No. 25-010V District Bank Depository Services https://www.ethics.state.tx.us/data/forms/conflict/CIQ.pdf

8. FUNDING OUT CLAUSE. MULTI-YEAR ACQUISITION: Any contract for the acquisition, including lease, of real or personal property is a commitment of the District’s current revenue only:

a. The District retains the continuing right to terminate the contract at the expiration of each budget period during the term of the contract.

b. The District intends to execute a contract for the longest period providing the lowest total cost to the district. Any resultant contract is conditioned on a best efforts attempt by the District to obtain and appropriate funds for payment of the contract.

9. CONTRACTS FOR PURCHASE will be put into effect utilizing a purchase order(s) executed by the Director of Purchasing or designee after the contract award.

a. Any additional agreements/contracts to be signed by SCUCISD shall be included in the Proposal.

b. Prices for all goods and/or services shall be negotiated to a firm amount for the duration of this contract or as agreed to in terms of time frame.

10. ASSIGNMENTS AND SUBCONTRACTING: No part of this agreement may be assigned or subcontracted without the prior written consent of the Schertz-Cibolo-Universal City Independent School District’s Purchasing Director. Payment can only be made to the Contractor named in this agreement.

11. PUBLIC RECORD: All Proposals become the property of the District. As a governmental entity the Public Information Act, formerly known as the Open Records Act, applies to this solicitation. Accepted Proposals and any subsequent award become public records. Proprietary material must be clearly marked as such.

Pricing and service elements of the successful proposal will not be considered proprietary information.

12. CHANGES: This Contract shall not be modified, altered, or changed except by mutual consent confirmed in writing by an authorized representative of each party to this Contract. The Director of Purchasing or designee shall administer this contract on behalf of the District. The Vendor agrees to waive all claims for adjustment concerning any services performed without prior receipt of an appropriate written Change Order. The SCUCISD Purchasing department shall review, approve, and process all changes.

13. INDEMNITY: Vendor shall indemnify and hold harmless the SCUCISD and its Board of Trustees, officers, agents, and employees from all suits, actions, losses, damages, claims or liability of any character, type, or description, including but not limited to, all expenses of litigation, court cost, penalties, and attorney's fees the SCUCISD incurs defending any action, suit, or claim form any source whatsoever and any of any kind or nature arising directly or indirectly on the part of vendor, its agents, servants, employees, contractors, and supplies, out of the operation under this agreement.

14. INDEPENDENT CONTRACTOR: The parties intend that the Contractor, in performing the specified services, will act as an independent contractor and must have control of the work and how it is performed.

The Contractor will be free to contract for similar services to be performed for other employers while the Contractor is under contract with the District. The Contractor is not to be considered an agent or employee of the District and is not entitled to participate in any pension plans, bonuses, stock, or similar benefits that the District provides for its employees. The District and Contractor agree that the Contractor is not covered under any District insurance policy, including but not limited to the District’s liability, property and casualty, or workers’ compensation insurance policies. The District shall not deduct Federal Income Taxes, FICA (Social Security) or any other taxes required to be deducted by an employer, as this is the responsibility of the Contractor.

15. SUB-CONTRACTORS: If the Proposer proposes to use sub-contractor(s) in the course of providing these services to the District, this information shall be a part of the Proposer’s response. Such information shall be subject to review, acceptance, and approval of the District, before any Contract award. The District reserves the right to approve or disapprove of any proposed sub-consultant in its best interest.

16. TERMINATION: Any resulting contract may be terminated by the District at any time with or without cause

Schertz-Cibolo-Universal-City ISD and without penalty to the District with a 30-day written notice. In the event of termination by the District before completion of the contract, compensation shall be prorated on the services performed, and the Contractor shall only be entitled to receive compensation for satisfactory work completed up to the date of termination. The Contractor may terminate with a written 60-day notification.

17. CANCELLATION: Buyer shall have the right to cancel for default all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof including warranties of Seller or if the Seller becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have in law or equity.

18. NON-PERFORMANCE: Whenever, in the opinion of the District, the work is neglected by the Contractor, the District may request to have the Contractor bring additional labor, materials, and supplies into the work. If the Contractor fails to correct the unsatisfactory condition(s) within five (5) working days, the Contractor shall be advised of so in writing. The District shall have no obligation to give the Contractor more than two (2) notices of unsatisfactory performance during the contract period; and, should the Contractor again fail to perform the services pursuant to the contract, the District may declare the contract in default, terminate the contract, and contract with another.

a. In the event of default by the Contractor, the District shall be liable only for payment of those services performed and accepted prior to the date of termination.

19. CHANGES TO PROPOSAL: The District retains the right to negotiate changes in a Proposal by any offeror, and to reject any or all Proposals if none of the submissions are responsive to its needs.

20. CHANGES IN REQUIREMENTS: Should the District, at any time during the progress of said work, request any alterations, deviations, additions, or omissions from the said agreement, specifications, or plans, it shall be at liberty to do so. And the same shall in no way affect or make void the agreement but will be added to or deducted from the amount of said agreement price as the case may be, by a fair and reasonable valuation subject to the mutual agreement of both parties.

21. UNRESTRICTED QUANTITIES: The District is not limited to purchasing all or any of its requirements from any contract resulting from this solicitation/award.

22. DELIVERIES required in this solicitation shall be freight prepaid F.O.B. DESTINATION and prices shall include all freight, and delivery charges for a total cost delivered.

23. DISMISSAL OF UNSATISFACTORY EMPLOYEES: If any person employed by the Contractor or any subcontractor fails or refuses to carry out the directions of the District representative, or is, in the opinion of the District representative, incompetent, unfaithful, intemperate, or disorderly; or uses threatening or abusive language to any person at the facility; or if otherwise unsatisfactory, he/she shall be removed from the work immediately, and shall not again be employed on the work except upon consent of the District representative.

24. VENUE: This Agreement shall be governed by the law of the State of Texas without regard to the choice-of-law rules of any jurisdiction. The venue shall be in Guadalupe County, Texas. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit.

25. NOTICE: Any notice required by or permitted under this Agreement must be made in writing. Any notice required by this Agreement will be deemed to be delivered (whether received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this Agreement. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission or other commercially reasonable means and will be effective when received. Any address for notice may be changed by written notice delivered as provided herein.

26. CRIMINAL BACKGROUND CHECK: All Contractors, who have a contract for services, have continuing duties related to the contract, and have direct contact with students must certify to the district that it has received all criminal history information on covered employees pursuant to Texas Education Code Chapter 22, Subchapter C prior to performing the services for the District. This is an all-or-nothing test. If all three

Schertz-Cibolo-Universal-City ISD criteria are met then the criminal history review is mandatory. The cost of the review shall be paid by the Contractor. Covered employees with disqualifying criminal histories are prohibited from serving in a school district. The Contractor selected may also be required to provide a list of personnel who will be assigned to do the work. When requested this information must be furnished within twenty-four (24) hours, and shall apply to any new personnel due to employee turnover.

a. The District reserves the right to review the personal background and conduct security clearances on the Contractor’s assigned personnel. The Contractor shall certify that all employees assigned to work under the contract have successfully passed a criminal background check, before assignment. The Contractor shall cooperate with the District authorities and shall comply with all regulations in effect during the contract period.

b. Upon the request of the District, the successful bidder may be required to provide the names of all persons who may be assigned to do the work on the contract for the purpose of completing a criminal background check. The following information shall be provided with each name to the District: date of birth, Texas driver’s license number, and current address,

c. Any person or persons not acceptable to the District shall be prohibited from working on the contract.

27. DISCLOSURE OF INTERESTED PARTIES: A Successful offeror shall provide a signed 1295 Form upon request before any award of a contract by our Board of Trustees. The Texas Legislature adopted House Bill 1295 in 2015. HB 1295 added Section 2252.908 to the Government Code. Under this law, any business entity that enters into a contract with SCUCISD that requires the approval of the Board of Trustees must submit a “Disclosure of Interested Parties” to the District prior to the execution of the contract. This form, the “Disclosure of Interested Parties” form was promulgated by the Texas Ethics Commission, and is the “Form 1295”. A Sample Form can be found on our Purchasing Department website under Vendors and Contractors.

For additional information, the Texas Ethics Commission’s website is www.ethics.state.tx.us. The area of their website pertaining to Form 1295 is www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.

28. TEXAS DATA PRIVACY AGREEMENT: A Successful offeror shall provide a Student Data Privacy Agreement upon notification of award. The Texas Student Privacy Alliance created a Common Student Data Privacy Agreement, which shall be used by all member schools when implementing any online application. By adopting such an agreement all vendors and schools have common expectations when entering into a relationship or implementation without having to renegotiate terms in every new instance.

All vendors handling student data are expected to complete the agreement. A Sample Form can be found on our Purchasing Department website under Student Data Privacy Agreement.

29. DISPUTE RESOLUTION: The laws of the State of Texas shall govern this agreement and performance hereunder. The District and Contractor shall, as a condition precedent to filing any lawsuit arising from the performance of this Agreement, endeavor to resolve all claims, disputes, and other matters in question between them by mediation.

a. Request for mediation shall be in writing and shall request that the mediation commence not less than 30 or more than 90 days following the date of the request, except upon agreement of both parties.

b. In the event the District and the Contractor are unable to agree to a date for the mediation or to the identity of the mediator or mediators within 30 days following the date of the request for mediation, all conditions precedent in this article shall be deemed to have occurred.

At all times during any dispute resolution process, the Contractor shall continue diligently and without delay to perform the services and obligations of the Agreement

30. INVOICING: Send the original invoices to: Attention: Accounts Payable, Schertz Cibolo Universal City ISD 1060 Elbel Road

Schertz-Cibolo-Universal-City ISD Solicitation No. 25-010V District Bank Depository Services https://www.scuc.txed.net/site/handlers/filedownload.ashx?moduleinstanceid=33&dataid=73&FileName=hb1295%20instructions%2008312016_mjr_.pdf http://www.ethics.state.tx.us/ http://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm https://sdpc.a4l.org/agreements/TxDPA_V2.pdf

Schertz, TX 78154

a. Each invoice shall contain a minimum of the following information: invoice number and date;

remittance address; "bill to" and "ship to" addresses; contract Purchase Order number (PO#);

quantities; item descriptions, unit prices, and extensions; fees; and an invoice total.

b. For payment purposes, the contractor shall obtain the PO # from the District for each separate order/invoicing. These are individually numbered for control purposes, and each separate order/invoicing will require a unique PO# to be issued to the Contractor by the District. If the PO# does not appear on the contractor's invoice, payment may be delayed.

31. PROHIBITION ON CONTRACTS WITH CERTAIN COMPANIES: Chapter 2252, of the Texas Government Code was amended to update state contract law to prohibit governmental entities from contracting with companies engaged in active business operations with Sudan, Iran, or a foreign terrorist organization. This change intends to ensure that Texas taxpayers' dollars are not spent on companies engaged in business with other nation-states or terrorist organizations that are anathema to the policy interests of the United States or the State of Texas.

32. Pursuant to Texas Government Code Chapter 2270, if this contract is valued at $100,000 or more and if the Contractor has at least ten (10) full-time employees, then the Contractor, by its execution of this Agreement represents and warrants to the District that the Contractor does not boycott Israel and will not boycott Israel during the term of this Agreement. This section does not apply to a sole proprietorship.

33. COMPLIANCE: The Offeror shall comply with any and all federal, state, and local laws, and District policies affecting the services covered by this solicitation. Such laws may include, but are not limited to the following: a) Family Educational Rights and Privacy Act (FERPA); b) Protection of Pupil Rights Amendment (PPRA); and/or Health Insurance Portability and Accountability Act of 1996 (HIPPA).

34. PURSUANT TO TEXAS GOVERNMENT CODE CHAPTER 2274:

a. FIREARM ENTITY / TRADE ASSOCIATION NON-DISCRIMINATION: If the Contractor is not a sole proprietorship, has ten (10) or more employees, and the value of Contractor’s bid or proposal has a value of $100,000 or more, Contractor certifies by submitting Contractor’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 the DISTRICT, unless excepted from law.

b. ENERGY COMPANY BOYCOTT: As required by Texas Government Code Ann. Chapter 2274, if the Contractor has ten (10) or more employees, is not a sole proprietorship, and if the value of the Contractor’s bid or proposal has a value of $100,000 or more, the Contractor certifies by submitting Contractor’s bid or proposal that it does not boycott energy companies and will not during the term of any contract with the DISTRICT, unless excepted by law.

35. SAFETY: Vendors, its subcontractors, and their respective employees shall comply fully with all applicable federal, state, and local safety and health laws, ordinances, rules, and regulations in the performance of services under this Agreement, including, without limitation, those promulgated by the District and by the Occupational Safety and Health Administration (“OSHA”). All items must meet all applicable OSHA standards and regulations and all electrical items must bear the appropriate listing from UL, FMRC or NEMA. In case of conflict, the most stringent safety requirements shall govern. The vendor shall comply with all other safety guidelines and standards as required by the District, including Current Good Manufacturing Practices (cGMP’s), https://www.fda.gov/food/guidance-regulation-food-and-dietary-supplements/current-good-manufacturing-practices-cgmps-food-and-dietary-supplements.

Product to be handled in accordance with the Federal Food and Drug Administration’s (FDA’s) Guidance for Industry. Vendor shall indemnify and hold the District, harmless from all claims, demands, suits, actions, judgments, fines, penalties, and liability of every kind arising from the breach of Vendor’s obligations under this provision.

36. Anti-Collusion: The Proposer certifies that it has not divulged, discussed, or compared its proposal with other proposers, except sub-consultants if they form part of the response and has not colluded

Schertz-Cibolo-Universal-City ISD Solicitation No. 25-010V District Bank Depository Services https://www.fda.gov/food/guidance-regulation-food-and-dietary-supplements/current-good-manufacturing-practices-cgmps-food-and-dietary-supplements https://www.fda.gov/food/guidance-regulation-food-and-dietary-supplements/current-good-manufacturing-practices-cgmps-food-and-dietary-supplements with any other proposers or parties to a proposal whatsoever. No premiums, rebates or gratuities are permitted either with, prior to, or after any delivery of material or service. Any violation of this provision will result in the immediate cancellation of the contract and removal from the proposer’s list.

37. DEFINITIONS: We intend to express our expectations clearly, and they are to be legally interpreted in our favor. Certain words are used throughout this document

a. “Proponent” “Respondent” “Vendor” “Bidder” and “Offeror” means responder to the Request for Proposal and the individual, partnership, and sole proprietorship or Corporation executing the Contract and shall include any agent, employee, officer, director, supplier or sub-contractor of the Vendor pursuant to the Contract.

b. “SCUCISD” “Schertz-Cibolo-Universal City Independent School District”, “District”, “Owner”, the Board of Trustees, its students, employees, and agents.

c. “Solicitation”, is used to describe a Request for a Proposal, Request for a Competitive Sealed Proposal, Request for Bids, or other solicitation document.

d. “PO” or “Purchase Order” “Agreement” or “Contract” means a document that will be issued by the Schertz-Cibolo-Universal City Independent School District to formalize the agreement with the successful Proponent.

e. “Shall”, “must”, “will”, and “mandatory” means a requirement that must be met for the submission to receive consideration.

f. “Service”, “Services”, and “Work” shall mean the products/services supplied to the Schertz-Cibolo- Universal City Independent School District in accordance with the specifications, terms, and conditions stated in this Request for Bid.

g. ”Supplier”: A business entity engaged in the business of providing contract supplies/services.

h. “Bidder”: A business entity submitting a Response to this RFP. Suppliers which may express interest in this RFP, but which do not submit a Response, have no obligations to the bid requirements.

i. “Contractor”: The Offeror(s) whose Response to this RFP is evaluated as meeting the needs of SCUCISD. Contractor(s) will be selected for an award and will enter into a contract(s) for the provision of the services described in the RFP.

j. “Subcontractor”: A company that enters into a business relationship with the Contractor. The Contractor may seek to place employees of the Subcontractor for the services described in the RFP.

k. “Contractor’s Employee”: All persons who can be offered to provide the services described in the RFP. All employees of the Contractor and the Subcontractor must be covered by the insurance programs normally provided to persons employed by a company (ex: Worker’s Comp, etc.).

l. “Response”: The written, signed, and sealed document submitted according to the RFP instructions.

The response does not include any verbal or documentary interaction you may have with us apart from the submittal of a formal response. Verbal interactions will not be binding on SCUCISD or Contractor(s) with respect to requirements stated within this RFP or resulting contractual obligations.

END OF SECTION

Schertz-Cibolo-Universal-City ISD

SECTION 5 – ATTACHMENTS

REQUIRED FORMS

FORMS INCLUDED IN THIS SOLICITATION DOCUMENT

(1) Attachment A – Vendor Questionnaire

(2) Attachment B – Proposal Form

(3) Attachment C – Exceptions to this Solicitation

(4) Attachment D – Felony Conviction Notice

(5) Attachment E – Conflict of Interest Form CIQ

(6) Attachment F – EDGAR and TDA Certification Requirements

Proposal Checklist – to be utilized as a guide only.

*Download solicitations, addenda, and other forms at: https://scucisd.procureware.com

Schertz-Cibolo-Universal-City ISD Solicitation No. 25-010V District Bank Depository Services

ATTACHMENT A

VENDOR QUESTIONNAIRE

In submitting a proposal, each Prospective Bidder shall also provide the following information: (Use additional sheets, if necessary.) A qualifying Proposal must address all items. Incomplete Proposals may be rejected.

PART I: INTRODUCTION / GENERAL INFORMATION

1. Introduction: Provide a cover letter no longer than two (2) pages in length, signed by an authorized representative of your firm. Provide a positive commitment to perform the required work.

2. Prospective Bidder Information: Provide the following information regarding the Prospective Bidder.

Prospective Bidder/Company Name:

(NOTE: Give the exact legal name as it will appear on the contract if awarded.)

Principal Address:

City: State: Zip Code:

Telephone No. Fax No:

Website address:

Year established:

Provide the number of years in business under the present name:

Number of Employees: ______________________

3. Account Representative: List the Primary account representative information that would service the District’s account, if awarded.

Name: Title:

Address:

City: State: Zip Code:

Office Phone: Cell Phone:

Email Address:

4. Remittance Information:

Please specify the correct legal business name, contact person, address, phone, and fax number that should be used as the remittance address by SCUCISD, if different from the vendor information above.

Legal Business Name:

Address:

City, State, Zip:

Phone: Fax:

Email Address:

nce

Schertz-Cibolo-Universal-City ISD

PART II: REFERENCES:

Provide a minimum of three (3) references for Texas Public School Districts. Only include districts similar in size or larger, in which the lead professional assigned to SCUCISD has served as financial advisor in the last three (3) years. The contact person should be familiar with the day-to-day management of the contract and be willing to respond to questions regarding the type, level, and quality of service provided.

Reference 1:

Company/District Name:

Contact Name/Title:

Business Address

Contact Phone #:

Contact Email Address:

Date(s) of Contract:

Reference 2:

Business Address

Contact Phone #:

Reference 3:

Business Address

Contact Phone #:

Schertz-Cibolo-Universal-City ISD

ATTACHMENT B

Proposal Form for Depository Services by Independent School District

Definitions and Instructions In this document, the terms “you” and “your” refer to the depository bank, and “we,” “our,” and “us” refer to the district named above.

You must answer all questions in this form and provide it to us as your proposal.

We have the right to reject any proposal. If any part of this proposal or any contract entered into between you and us is invalid, the remainder, at our option, remains in force and is not affected.

We have the right to use a sub-depository bank other than the primary bank and those deposits will be collateralized.

Bank Compensation We may pay for your services by targeted balances or by fees and change the methodology when appropriate? Please detail any differences in related costs to us with either option.

Compensation Based on a Targeted Balance We may choose to pay for your services by maintaining a targeted amount of our funds in the depository. We will maintain balances in the checking accounts to compensate you in full or in part for services provided. You must provide a monthly account analysis that reflects the earnings credited for these balances.

You may invest any excess collected balance daily as directed by us in an overnight investment that we approve, an interest bearing account, or a money market mutual fund registered with the Securities and Exchange Commission (SEC) which strives to maintain a $1 NAV.