ESBD_File_353598_RFPPrfsDvlpmntCnsltChngFcltSrvcsDue4.2.24by1.30PM.pdf

RFP# 24-24.4.APR-22

Texarkana Independent School District Request for Proposal for Educational Professional Development, Consulting, Coaching, and Facilitation Services Vendors Proposal Period is April 28, 2024 to April 28, 2026

Proposals will be Accepted on an On-going Basis until 1:30 P.M. Tuesday, January 27, 2026 Initial Proposal Deadline is 1:30 P.M. Tuesday, April 2, 2024

The Texarkana Independent School District is requesting proposals for Educational Professional Development, Consulting, Coaching, and Facilitation Services Vendors.

This proposal will be awarded to more than one vendor. The following criteria will be used in determining the vendor to award the contract to:

a. the cost (short term 40 points and long term 5 pts.); 45 points

b. the reputation of the vendor and of the vendor’s goods or services and the quality of the vendor’s goods or services (reputation 10 pts. and quality 15 pts.); 25 points

c. the extent to which the goods or services meet the district’s needs; 22 points

d. the vendor’s past relationship with the district; 5 points

e. the impact on the ability of the district to comply with laws and rules relating to historically underutilized businesses; 1 points

f. for a contract for goods and services, other than goods and services related to telecommunications and information services, building construction and maintenance, instructional materials, or federal grant purchases, whether the vendor or the vendor's ultimate parent company or majority owner: (A) has its principal place of business in this state; or (B) employs at least 500 persons in the state of Texas; 2 points

Total possible points 100.

Vendors should submit their proposal to the Texarkana Independent School District by 1:30 P.M., Tuesday, April 2, 2024 for initial consideration. Vendors should include information relating to how they can best serve the interest of the district. Any information that a vendor feels would help us in awarding this proposal should be submitted. All information requested below should also be included in the proposal.

Proposals should be mailed or delivered to the address below:

Attn: Purchasing Department Proposal for PD Services 4241 Summerhill Road Texarkana, TX 75503

The District does not have policy in place to accept electronic submissions of proposal documents.

Electronic submissions may not be accepted prior to the initial deadline for on-going basis proposals.

The Proposal should be signed and all certifications and acknowledgements of terms and conditions initialed by an authorized agent of the entity proposing.

Vendors should submit in their proposal all authorized agents that we should contact in case we have questions, vendor’s address, vendor’s fax number, and vendor’s telephone number. The Proposal should be signed by an authorized agent of the entity proposing.

Any reference to brand name is to show the level of quality only. Products of similar quality will be considered. Price proposed should include all shipping and handling charges to our locations in Texarkana, TX. FOB Destination.

Texarkana ISD reserves the right to reject any and all proposals, waive technicalities, and award the proposal to best serve the interest of the District.

If you have any questions, please do not hesitate to contact the Purchasing Department at (903) 794-3651.

Sincerely, David DeFoy

Request for Proposal for Educational Professional Development, Consulting, Coaching, and

Facilitation Services Vendors Proposal Period is April 28, 2024 to April 28, 2026

Proposal Accepted on an On-going Basis until 1:30 P.M. Tuesday, January 27, 2026 Initial Proposal Deadline is 1:30 P.M. Tuesday, April 2, 2024

TISD is requesting a term agreement period until April 28, 2026 which will be used on an as needed basis throughout the District to provide services to staff. This RFP will not be a guarantee of purchase for any goods or services, but to establish you as an Approved Vendor with Texarkana ISD for usage under the scope of the RFP. There are no guarantees of funds that will be spent and federal grant spending will be dependent on the notice of grant award (NOGA) being received before any specific federal commitment may be made. Proposals will be received on an on-going basis through February 1, 2026 with the initial deadline for evaluation, recommendation, and review of 1:30 P.M. Tuesday, April 2, 2024.

The District reserves the right to purchase similar services through cooperative contracts if it feels it is necessary and in its best interest.

TISD is seeking to contract with the most highly qualified vendors to provide services in the areas of professional development, consulting, coaching, and facilitation services. The services will not have direct contact with students but will have direct contact with campus administrators, teachers, and other District staff. These services may include, but are not limited to: visual/fine arts integration and coaching, balanced literacy, teacher improvement planning, training in core and elective content, student engagement, software training, behavior modification and support, instructional support, keynote speaker, poverty training, guided reading review, working memory implementation, professional development for behavioral classroom management for risk/poverty students; behavior intervention curriculum; bilingual, sheltered instruction, and coaching; curriculum development and review, core academic content training (reading, mathematics, science, and social studies); foreign language PD engagement and culture in the LOTE classroom; classroom culture PD training for continued implementation in the 7 Habits of Highly Effective People at Leader In Me schools and district departments; implementation training on software programs for instruction and productivity, physical education PD strategies to make physical education exciting and meaningful; ELAR, elementary and secondary writing training, 504, RTI, autism and dyslexia PD; Special Ed evaluations, IEP development, and IEP implementation, Trauma/Behavior, PLAAFP and goal development.

Please answer the following questions. You may attach a separate listing if you need more room or already have documents prepared that list the same for any of the questions below. Please many any changes in writing to terms below below.

1. Please provide a detailed and concise listing of the scope of services you are capable of providing to the District. :

2. Fees for services under this agreement:

Cost per Hour: Cost for ½ Day (4 hours)_____________

Cost per Day: Other Costs:_______________________

The District is not responsible for mileage/travel reimbursement;

The vendor is an independent contractor and not a District employee, and thus will not be paid for overtime work or holidays;

3. Please list any other information that sets you and/or your company or services apart from others that we will be evaluating (i.e., special training, certifications, credentials, methodologies, testing, HUB certification, etc.):

Request for Proposal for Educational Professional Development, Consulting, coaching, and

Facilitation Services Vendors Proposal Period is April 28, 2024 to April 28, 2026

Proposal Accepted on an On-going Basis until 1:30 P.M. Tuesday, January 27, 2026 Initial Proposal Deadline is 1:30 P.M. Tuesday, April 2, 2024

If you have any questions, please contact the Purchasing Department at (903) 794-3651,ext. 1025. By signing below, you are indicating that you have read the specifications and made any and all changes in writing.

Proposals may be received before the opening deadline.

Authorized Signature:____________________________________________

Printed Name: __________________________________________________

Date Signed: ___________________________________________________

Company Name:_________________________________________________

Company Address:_______________________________________________

Phone Number:__________________________________________________

Fax Number:____________________________________________________

Email Address:__________________________________________________

Checklist of forms to return by proposal opening deadline:

Pages 3 and 4 and any additional pages to answer questions ______

Standard Terms and Conditions

Conflict of Interest Questionnaire (CIQ)

Felony Conviction Notice (unless publicly traded)

Form 1295 (created on TEC website, unless publicly traded)

EDGAR Addendums

W9 Form

References

1.0 Agreement An agreement will be made and entered into by and between the Texarkana Independent School District (herein referred to as the "District" respectfully), a public school district and political subdivision of the State of Texas, having its principal place of business at 4241 Summerhill Road, Texarkana, Texas 75503 and an awarded Vendor (herein referred to "Vendor" respectfully). An awarded vendor will be a vendor that has responded to a solicitation as per the terms and conditions set forth herein and been evaluated, recommended to and approved by the District's Board of Trustees. The term "agreement" and "contract" may be used synonymously in the Agreement.

1.1 Length of

Agreement

Agreement term is April 28, 2024 or any subsequent date after approval by the Board of Trustees of Texarkana ISD and ending April 28, 2026

1.2 Termination of

Agreement

The District or the awarded vendor may terminate an award under this solicitation at will for cause or no cause for convenience with written notice.

1.3 Incorporation of

Solicitation

The District solicitation, whether a Request for Proposals, the Request for Competitive Sealed Proposals or Request for Qualifications solicitation, or other, the Vendor's response to same and all associated documents and forms made part of the solicitation process, including any addenda, that resulted in the execution of this agreement are hereby incorporated by reference into the agreement as if copied verbatim.

1.4 Estimated

Quantities

It is specifically understood and agreed that the quantities shown on the proposal form are estimates, based on projected use, and are for proposal purposes only. The District has no commitment to the vendor to purchase a specific quantity until a Purchase Order is issued. Any increase in quantities will be paid for at the proposed price, unless required by law to be re solicited. It is further understood that the supplier will not have any claim against the District for the purchase of quantities less than the estimated amount.

1.5 Discount Basis Agreements made under solicitations for Indefinite Delivery, Indefinite Quantities (IDIQ) for a fixed period of time will be based on the Vendor's percentage discount (0% to 100%) from Vendor's published price, whether in a catalog, website, store, shelf, menu, or other published pricing. The discount will be in effect for the term of the agreement and the final price, published price less the discount, is offered as a ceiling and not a floor because, in order to be more competitive in the individual circumstance, Vendor may offer a larger discount depending on the items or services purchased and the quantity at time of sale. The District does not guarantee any quantity of items or services being ordered any amount of money that will be spent under this type of solicitation.

1.6 Long Term Cost

Basis

Agreements made under this solicitation for Indefinite Delivery, Indefinite Quantity (IDIQ) for a fixed period of time will be evaluated for long-term cost in part based on the Vendor's published list price increases and decreases over the length of the agreement. Vendor will proposes a percentage, X%, annually over the initial proposed pricing that unless an exigent circumstance exists in the marketplace and the excess price increase which exceeds X% annually is supported by documentation provided by you and your suppliers and shared with District, if requested. Vendor agrees not to increase prices more than X%, except when justified by supporting documentation.

Texarkana Independent School District Standard General Terms and Conditions

Does Vendor agree to Length of Agreement terms? Yes ________ Initials of Authorized Representative of Vendor

Does Vendor agree to Termination of Agreement terms? Yes ________ Initials of Authorized Representative of Vendor

Does Vendor agree to the Incorporation of Solicitation terms? Yes ________ Initials of Authorized Representative of Vendor

Does Vendor agree to Agreement terms? Yes ________ Initials of Authorized Representative of Vendor

Does Vendor agree to the Estimated Quantities terms? Yes ________ Initials of Authorized Representative of Vendor

Does Vendor agree to the Discount Basis terms? Yes ________ Initials of Authorized Representative of Vendor

Does Vendor agree to the Long-term Cost Basis Terms? Yes ________ Initials of Authorized Representative of Vendor

Standard General Terms and Conditions

2.1 Product

Standard

When a brand name and/or identification numbers are shown on the proposal pricing forms, they are descriptive and not restrictive and indicate an acceptable standard, the features of which must be considered when proposing equals. This brand name is used only to establish a quality level, and basic features required. Proposals on equivalent or better items are encouraged, but must be accompanied with appropriate information for evaluation purposes. Failure to include such information may disqualify the proposal on that item. If proposing on other than reference specifications, proposal must identify manufacturer, brand, model, etc., of the article being offered. If other than brand(s) specified is offered, complete descriptive information in literature form of each article being proposed must be included with the proposal. If proposer takes no exception to specifications of reference data, proposer will be required to furnish brand names, models, etc., as specified.

2.2 Samples/Demon

strations

Samples and/or demonstrations for evaluation purposes must be provided, by the Vendor, at no cost or obligation to the District, within (3) days of request unless specified otherwise in the Special Terms and Conditions.

Samples, if not destroyed in examination, will be returned to the bidder on request, at the Vendor's expense.

Each sample, when requested, should be marked "Product Sample" and include Vendor's name, address, phone number, solicitation number and item number.

2.3 Shipment /

Delivery / Inspection / Testing

The Vendor shall ship, deliver or provide ordered products or services within a commercially reasonable time after the receipt of the order from the District. If a delay in said delivery is anticipated, the Vendor shall notify the District as to why delivery is delayed and shall provide an estimated time for completion of the order. The District may cancel the order if estimated delivery time is not acceptable or not as agreed. The District expressly reserves all rights under law, including but not limited to the Texas Business and Commerce Code, to inspect the Deliverables at delivery, and up to thirty (30) days after District’s first use of the Deliverables, and to reject defective or non-conforming Deliverables All goods are subject to inspection and testing by the District for compliance with the Agreement and/or solicitation specifications by the District. When products tested fail to meet or exceed all applicable specifications, the cost of the sample used and the cost of any testing shall be borne by the Vendor.

Goods, which have been delivered and rejected in whole or in part, may be, at District's option, returned to the Vendor at Vendor's and expense or disposed of in accordance with District's policies. The vendor may request that rejected goods be held by District at District's risk for a reasonable period of time for later disposition at the Contractor's expense. Latent defects may result in revocation of acceptance of any product.

2.4 Payment The District shall not be liable for interest or late payment fees on past due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the District. The District will make payments directly to the Vendor after receiving invoice, and after item, work, or service is received/completed or in compliance with applicable statute, whichever is the greater time or as otherwise provided by an agreement of the parties.

Payment will be made by check or procurement card.

2.5 Non

Appropriation

This agreement is subject to the appropriation of funds by the District in its budget adopted for any fiscal year for the specific purpose of making payments pursuant to this Agreement for that fiscal year. The obligation of the District pursuant to this agreement in any fiscal year for which this Agreement is in effect shall constitute a current expense of the district for that fiscal year only, and shall not constitute an indebtedness of the District of any monies other than those lawfully appropriated in any fiscal year. In the event of non-appropriation of funds in any fiscal year to make payments pursuant to this Agreement, this Agreement may be terminated.

Does Vendor agree to Product Standard terms? Yes ________ Initials of Authorized Representative of Vendor

Does Vendor agree to Samples/Demonstrations terms? Yes ________ Initials of Authorized Representative of Vendor

Does Vendor agree to Payment terms? Yes ________ Initials of Authorized Representative of Vendor

Does Vendor agree to Non-Appropriation terms? Yes ________ Initials of Authorized Representative of Vendor

Does Vendor agree to Shipment / Delivery/ Inspection/ Testing terms? Yes ________ Initials of Authorized Representative of

2.6 Invoices The awarded vendor shall submit invoices or payment applications to the District. Each invoice or payment application shall include the District's purchase order number or other identifying designation as provided in the order by the District. If applicable, the shipment tracking number or pertinent information for verification of District receipt shall be made available upon request. Invoice shall show Vendors published list price and the agreed to discount on the invoice unless agreed to otherwise.

2.7 W-9 The District requires the government's most recent version of the W-9 Request for Taxpayer Identification Number and Certification form to be on file with District for the length of the agreement. Enclosed is the most current W-9 form. Vendor will fill out and file form with District. W-9 instruction will be provided upon request to District by Vendor.

3.1 Deviations If the Vendor intends to deviate from the General Conditions Standard Terms and Conditions or Item Specifications listed in this proposal solicitation, all such deviations must be listed on the deviations form, with complete and detailed conditions and information included or attached. The District will consider any deviations in its proposal award decisions, and the District reserves the right to accept or reject any proposal based upon any deviations indicated on the form or in any attachments or inclusions. In the absence of any deviation entry on the form, the proposer assures the District of their full compliance with the Standard Terms and Conditions, Item Specifications, and all other information contained in this Solicitation.

3.2 Jurisdiction and

Service of Process

Any Proceeding arising out of or relating to this procurement process or any contract or agreement issued by the District resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Bowie County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. The District does not waive its governmental immunities from suit or liability except to the extent expressly waived by other applicable laws in clear and unambiguous language.

3.3 Remedies for

Protest

Protest procedure is outlined in the District's Purchasing and Procedures manual located at www.txkisd.net/departments/purchasing . The parties shall be entitled to exercise any right or the choice of law, venue and service of process clauses limitations agreed herein. Nothing in this agreement shall commit the District to an arbitration resolution of any disagreement under any under the terms of the Agreement, may, after denial of the Board of Directors, be subject to mediation at the request of either party under any circumstances.

Any claim arising out of or related to the Agreement, except for those specifically waived issues not resolved hereunder MAY be referred to non-binding mediation to be conducted by a mutually agreed upon mediator as a prerequisite to the filing of any lawsuit over such issue(s). The parties shall share the mediator’s fee and any associated filing fee equally. Mediation shall be held in Bowie County, Texas. Agreements reached in mediation shall be reduced to writing, and will be subject to the approval by the District's Board of Directors, signed by the Parties if approved by the Board of Directors, and, if signed, shall thereafter be enforceable as provided by the laws of the State of Texas.

Does Vendor agree to the Invoice terms? Yes ________ Initials of Authorized Representative of Vendor

Does Vendor agree to the W-9 terms? Yes ________ Initials of Authorized Representative of Vendor

Does Vendor agree to Deviation terms? Yes ________ Initials of Authorized Representative of Vendor

Does Vendor agree to the Jurisdiction and Service of Process Terms? Yes ________ Initials of Authorized Representative of

Does Vendor agree to Remedies for Protest terms? Yes ________ Initials of Authorized Representative of Vendor

3.4 Legal

Obligations

It is the responding vendor's responsibility to be aware of and comply with all local, state and federal laws governing the sale of products/services identified in this Solicitation and any awarded Agreement thereof.

Applicable laws and regulations must be followed even if not specifically identified herein.

3.5 Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as herein provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, droughts, acts of war, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, arrests, restraint of government and people, civil disturbances, explosions, strikes, lockouts, or other industrial disturbances, breakage or accidents to machinery, pipelines or canal, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party of parties when such settlement is unfavorable in the judgment of the party having the difficulty.

3.6 Indemnification The District is a Texas Political Subdivision and a local governmental entity; therefore, is prohibited from indemnifying third parties pursuant to the Texas Constitution (Article 3, Section 52) except as specifically provided by law or as ordered by a court of competent jurisdiction. A provision in a contract or agreement to indemnify or hold a party harmless is a promise to pay for any expenses the indemnified party incurs, if a specified event occurs, such as breaching the terms of the contract or negligently any expenses the indemnified party incurs, if a specified event occurs, such as breaching the terms of the contract or negligently any expenses the indemnified party incurs, if a specified event occurs, such as breaching the terms of the contract or negligently performing duties under the contract. Article III, Section 49 of the Texas Constitution states that "no debt shall be created by or on performing duties under the contract. Article III, Section 49 of the Texas Constitution states that "no debt shall be created by or on behalf of the State ... " The Attorney General has counseled that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex.

Att'y Gen. Op. No. MW-475 (1982). Contract clauses which require the System or institutions to indemnify must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas."

Liquidated damages, attorney's fees, waiver of vendor's liability, and waiver of statutes of limitations clauses should also be deleted or qualified with "to the extent permitted by the Constitution and laws of State of Texas."

Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered.

Does Vendor agree to the Legal Obligation terms? Yes ________ Initials of Authorized Representative of Vendor

Does Vendor agree to the Indemnification terms? Yes ________ Initials of Authorized Representative of Vendor

Does Vendor agree to the Force Majeure terms? Yes ________ Initials of Authorized Representative of Vendor

3.7 Indemnity The Vendor agrees to indemnify and hold harmless and defend the District, it's officers and employees from and against all claims and suits by third parties for damages, injuries to persons (including death), property damages, losses, and expenses including court costs and reasonable attorney's fees, arising out of, or resulting from, Vendor's work under this Agreement, including all such causes of action based upon common, constitutional, or statutory law, or based in whole or in part, upon allegations of negligent or intentional acts on the part of the Vendor, its officers, employees, agents, subcontractors, licensees, or invitees. Parties found liable shall pay their proportionate share of damages as agreed by the parties or as ordered by a court of competent jurisdiction over the case. No Limitation of liability for damages for personal injury or property damage are permitted or agreed to by the District. Per Texas Education Code §44.032(f), and pursuant to its requirements only, reasonable attorney's fees are recoverable by the prevailing party in any dispute resulting in litigation.

3.8 Infringement(s) The successful vendor will be expected to indemnify and hold harmless the District and its employees, officers, agents, representatives, contractors, assignees and designees from any and all third party claims and judgments involving infringement of patent, copyright, trade secrets, trade or service marks, and any other intellectual or intangible property rights attributed to or claims based on the Vendor's proposal or Vendor’s performance of contracts awarded and approved.

3.9 Modification Modifications to the agreement may need to be made during the life of the agreement period and are allowable.

Modifications may not be made that substantially change the terms of the agreement in such a way that had other vendors known of the modification in advance, they may have proposed differently and more competitively. All modifications must be agreed to in writing by both parties or their authorized agents and will become part of the agreement as an amendment or addendum.

3.10 Novation If awarded vendor sells or transfers all assets or the entire portion of the assets used to perform this Agreement, a successor in interest must guarantee to perform all obligations under this Agreement. A simple change of name agreement will not change the Agreement obligations of awarded vendor.

3.11 Survival Clause All applicable agreements, contracts, software license agreements, warranties or service agreements that were entered into between Vendor and District under the terms and conditions of this Agreement shall survive the expiration or termination of this Agreement. All Orders, Purchase Orders issued or contracts executed by the District and accepted by the Vendor prior to the expiration or termination of this agreement, shall survive expiration or termination of the Agreement, subject to previously agreed terms and conditions agreed by the parties or as otherwise specified herein relating to termination of this agreement

4.1 Advertising Vendor shall not advertise or publish, without District's prior consent, the fact that Vendor has entered into this Agreement, except to the extent necessary to comply with proper requests for information from an authorized representative of the federal, state or local government.

Does Vendor agree to advertising terms? Yes ________ Initials of Authorized Representative of Vendor

Does Vendor agree to the Indemnity terms? Yes ________ Initials of Authorized Representative of Vendor

Does Vendor agree to the Infringement terms? Yes ________ Initials of Authorized Representative of Vendor

Does Vendor agree to Modification terms? Yes ________ Initials of Authorized Representative of Vendor

Does Vendor agree to Novation terms? Yes ________ Initials of Authorized Representative of Vendor

Does Vendor agree to Survival terms? Yes ________ Initials of Authorized Representative of Vendor

4.2 Antitrust

Certification Statements

I affirm under penalty of perjury of the laws of the State of Texas that: (1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below; (2) In connection with this solicitation request, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law; Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this solicitation request to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this solicitation request to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company.

4.3 Audit Rights Due to transparency statutes and public accountability requirements of the District, the awarded Vendor shall, at their sole expense, maintain appropriate due diligence of all purchases made by the District that utilize this Agreement. The District reserves the right to audit the accounting of Vendor's related purchases for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. In order to ensure and confirm compliance with this agreement, the District shall have authority to conduct audits of Awarded Vendor's pricing that is offered to the District with 30 days' notice unless the audit is ordered by a Court Order or by a Government Agency with authority to do so without notice. Notwithstanding the foregoing, in the event that the District is made aware of any pricing being offered to the District that is materially inconsistent with the pricing under this agreement, the District shall have the ability to conduct the audit internally or may engage a third-party auditing firm to investigate any possible non-complying conduct or may terminate the Agreement according to the terms of this Agreement. In the event of an audit, the requested materials shall be reasonably provided in the time, format and at the location acceptable to the District.

4.4 Conflict of

Interest

State and Federal law requires disclosure of certain conflicts of interest to the District. If Vendor has any conflicts of interest, real, apparent, or potential, with the District, Vendor will report them on enclosed Form CIQ. If no conflicts exist, Vendor will write vendor name at top of Form CIQ and "no conflicts" across form.

Vendor shall notify District of any conflicts that may arise during the agreement term as required by law.

4.5 Disclosures of

Interested Parties

A district may not enter into a contract with a business entity unless the business entity submits a disclosure of interested parties to the district at the time the business entity submits the signed proposal to the District. This requirement applies only to contracts / agreements the District enters into that require an action or vote by the Board before the contract can be signed, or has a value of at least $1 million, or is for services that would require a person to register as a lobbyist under Government Code Chapter 305. Exclusions to this requirement are a publicly traded business entity, including a wholly owned subsidiary of the entity; and electric utility; a gas utility. Vendor agrees to create and submit the 1295 form to the District with its proposal documents unless excluded to do so. Instructions are included in the proposal documents.

4.51 Felony

Conviction Notice

Texas Education Code, Section 44.034, requires advance notification of a person or owner or operator of business that has been convicted of felony. Vendor will submit the Felony Conviction Notice Form attached to the solicitation and person completing this proposal certifies they are authorized to do so.

Does Vendor affirm? Yes ________ Initials of Authorized Representative of Vendor

Does Vendor agree to audit rights terms? Yes ________ Initials of Authorized Representative of Vendor

Does Vendor agree to conflict of interest terms? Yes ________ Initials of Authorized Representative of Vendor

Does Vendor agree to Disclosure of Interested Parties terms? Yes ________ Initials of Authorized Representative of Vendor

Does Vendor agree to Felony Conviction Notice terms? Yes ________ Initials of Authorized Representative of Vendor

4.52 National

Criminal History Background Check

Texas Education Code (TEC) §22.0834 and §22.08341 state that a contractor that provides services to a school district or charter school must be fingerprinted before beginning work, if the contractor 1) will have continuing duties related to the contracted services, and 2) will have the opportunity for direct contact with students.

Additionally, the law requires that a contractor certify to a school district or charter school that it has received all criminal history information for its employees who provide services for the school. Pursuant to §22.08341(c), the requirement does not apply to a contractor that performs construction, alteration, or repair of an instructional facility if the contractor uses separate sanitary facilities, installs a barrier fence, and has a policy that employees may not interact with students or enter areas used by students. Awarded vendor will obtain required criminal history record information, through the Department of Public Safety's Fingerprint-based Applicant Clearinghouse of Texas (FACT), regarding its employees assigned to work TISD premises.

4.6 SDS Sheets Safety Data Sheets (SDS): The District requires product verification in the form of SDS reports for all items for which the SDS are available. SDS shall be submitted at the time of the proposal opening and with each delivery of those materials. SDS shall be submitted for any product offered as an alternate to the Specifications.

4.7 Licenses Awarded vendor shall maintain in current status all federal, state and local licenses, bonds and permits required for the operation of the business conducted by awarded vendor. Awarded vendor shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of goods or services under the Agreement. The District reserves the right to stop work and/or cancel Agreement of any awarded vendor whose license(s) expire, lapse, are suspended or terminated subject to an up to 30-day cure period unless prohibited by applicable statue or regulation.

4.8 Insurance

Requirements

The undersigned Vendor agrees to maintain the following minimum insurance requirements for the District:

General Liability $1,000,000 each Occurrence/ Aggregate; Automobile Liability $300,000 Includes owned, hired & non-owned; Workers' Compensation Statutory limits; Umbrella Liability 1000000. When the contractor or its subcontractors are liable for any damages or claims, the contractors' policy, when the Vendor is responsible for the claim, must be primary over any other valid and collectible insurance carried by the District. Any immunity available to the District shall not be used as a defense by the vendor's insurance policy. The coverages and limits are to be considered minimum requirements and in no way limit the liability of the Contractor(s).

Insurance shall be written by a carrier with an A-; VII or better rating in accordance with current A.M. Best Key Rating Guide. Only deductibles applicable to property damage are acceptable. "Claims made" policies will not be accepted. Vendor's required minimum coverage shall not be suspended, voided, cancelled, non-renewed or reduced in coverage or in limits unless replaced by a policy that provides the minimum required coverage except after thirty (30) days prior written notice by certified mail, return receipt requested has been given to the District if a project or pending delivery of an order is ongoing. Upon request, certified copies of all insurance policies shall be furnished to the District.

4.9 Records

Retention

The requirements of Subchapter J, Chapter 552, Government Code, may apply to this proposal or agreement and the Vendor agrees that the contract can be terminated if the Vendor knowingly or intentionally fails to comply with a requirement of that subchapter. The District may not accept a proposal for an expenditure of at least $1 million that the Board has determined failed to comply with Chapter 552, Subchapter J which requires the Vendor to preserve all contracting information related to the agreement as provided by records retention requirements applicable to the District for the duration of the contract.

Does Vendor agree to Criminal History Requirements? Yes ________ Initials of Authorized Representative of Vendor

Does Vendor agree to the Records Retention terms? Yes ________ Initials of Authorized Representative of Vendor

Does Vendor agree to SDS terms? Yes ________ Initials of Authorized Representative of Vendor

Does Vendor agree to the Licenses terms? Yes ________ Initials of Authorized Representative of Vendor

Does Vendor agree to the Insurance terms? Yes ________ Initials of Authorized Representative of Vendor

4.10 Confidentiality Subject to the Texas Public Information Act and any legal requirements, neither District nor the Vendor shall disclose any confidential information without prior written approval. As applicable, Vendor shall maintain and process all information it receives from the District in compliance with all applicable data protection/privacy laws and regulations and District policies. Vendor and District understand that the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, governs the privacy and security of educational records and information and agree to abide by FERPA rules and regulations, as applicable. Vendor also acknowledges that District is subject to the Texas Public Information Act, and Vendor waives any claim against and releases from liability District, its officers, employees, agents, and attorneys with respect to disclosure of information provided under or in this Agreement or otherwise created, assembled, maintained, or held by Vendor and determined by the District, the Attorney General of Texas, or a court of law to be subject to disclosure under the Texas Public Information Act.

4.11 Questions Questions for Interpretation and Clarification may be made in writing to the Director of Purchasing and carbon copied the Administrative Assistant for Purchasing at least seventy-two (72) hours prior to the hour for opening of proposals, unless indicated in the proposal specifications. The person submitting the request will be responsible for its prompt delivery. Questions of a ministerial basis will be answered directly and questions of a substantive nature or deemed relevant to the request will be answered with an issued addendum.

4.12 Central Texas

Purchasing Alliance

The District is a member in good standing of the of the Central Texas Purchasing Alliance (CTPA), an alliance of over 100 school districts in Texas representing millions of students, sharing information, services and contractual opportunities. CTPA is an alliance created in accordance with Section 791.001 of the Texas Government Code through interlocal agreements. In support of this collaborative effort, all awards made by the District may be adopted by other active CTPA member districts. By adopting a contract from another CTPA member district, the adopting district has met the competitive bidding requirements established by the Texas Education Code, Section 44.031(a)(4) and as required by the adopting district’s policies. There is no obligation on either party to participate unless both parties agree. The goods and services provided under the contract will be at the same or better contract pricing and purchasing terms established by the originating district. To assist an adopting member district in establishing their supporting documentation, the awarded vendor’s response and related documents owned by the originating district may be shared without prior notification to the awarded vendor, unless the vendor at the time of their response to the original solicitation clearly annotates that such sharing of their response is to not occur without prior permission of the vendor. The adopting district shall be responsible for the management of the new contract and all payments to the contracted vendor. The originating district shall have no responsibilities under the new contract agreement. Upon adoption of the contract by the adopting CTPA member district, the original term of the contract and any renewal or extension options allowed under the original contract shall then transfer to the adopted contract, and such renewals options may be executed by the adopting member district at its sole discretion and independently of the originating member district’s decision to execute such renewal options on the original contract.

4.13 Meet all Terms

and Conditions

Failure to meet all Standard Terms and Conditions may constitute grounds for invalidating the proposal(s).

4.14 Reservation of

Rights

The District reserves the right to accept or reject any or all proposals, the right to waive technicalities, the right to award the proposal in the best interest of the district. All Rights reserved.

Does Vendor agree to theReservation of Rights terms? Yes ________ Initials of Authorized Representative of Vendor

Does Vendor agree to Questions terms? Yes ________ Initials of Authorized Representative of Vendor

Does Vendor agree to the CTPA terms? Yes ________ Initials of Authorized Representative of Vendor

Does Vendor agree to the Meet all Terms and Conditions terms? Yes ________ Initials of Authorized Representative of Vendor

Does Vendor agree to the Confidentiality terms? Yes ________ Initials of Authorized Representative of Vendor

Administration

TO:

FROM:

SUBJECT:

DATE:

ALL CURRENT AND PROSPECTIVE VENDORS

David DeFoy, Director of Purchasing and Special Events

FORM CIQ: CONFLICT OF INTEREST QUESTIONNAIRE

August 22, 2023

Pursuant to the State of Texas House Bill 914, attached is form CIQ: Conflict of Interest Questionnaire.

Please read, fill out, and return with original signatures the form CIQ to the TISD Purchasing Department at the address below. If you already have a questionnaire on file and no information has changed, you do not need to file this form again. Officers of the District which could apply to this questionnaire include but are not limited to:

Board of Trustees:

Fred Norton

Gerald Brooks Paul Miller

Administration:

Bryan DePriest

Bill Kimbro

Amy Bowers

Wanda Boyette

Doug Brubaker, Superintendent of Schools Sherri Penix, Deputy Superintendent Ken Reese, Chief Operating Officer Anita Clay, Chief Financial Officer David DeFoy, Director of Purchasing and Special Events A more comprehensive list of TISD administrators may be viewed online at www.txkisd.net.

Please be sure to include the person doing business with TISD or the vendor name in box #1 of the form.

If you have any questions, please contact the Purchasing Department. You may also refer to the Texas Attorney General Opinion GA-0446 which can be viewed at the Texas Attorney General's website:

4241 Summerhill Road Texarkana ISD, Texas 75503 903.794.3651 Fax: 903.792.2632 https://www.texasattorneygeneral.gov/opinions/greg-abbott/ga-0446 http://www.txkisd.net/

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.

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021

Revised 1/1/2021Form provided by Texas Ethics Commission www.ethics.state.tx.us

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.

Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on:

(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity;

(B) a transaction conducted at a price and subject to terms available to the public; or

(C) a purchase or lease of goods or services from a person that is chartered by a state or…