FY27-P-0007 Firewall Refresh Districtwide (E-Rate Year 2027).pdf

Office of Purchasing and Distribution

CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT

P.O. Box 110 Corpus Christi, Texas 78403-0110 • 801 Leopard Street

Office: 361 /695-7350 Fax: 361 /886-9192

Website: www.ccisd.us

FIREWALL REFRESH

DISTRICTWIDE (E-RA TE YEAR 2027)

REQUEST FOR PROPOSAL (RFP #) FY27-P-0007

DATE: September 30, 2026

CONTACT PERSONS: All questions must be emailed to techbids27@ccisd.us

Proposals are due Tuesday, November 10, 2026 at 2:00 p.m. Deliver to the Corpus Christi Independent School District Office of Purchasing and Distribution in the basement located at 801 Leopard Street, Corpus Christi, Texas 78401. Changes in or interpretations of the Proposal will be made only by written addenda.

The District is soliciting proposals from qualified Offerors to provide: A Firewall (FW) solution deployed as a High-Availability (HA) pair for North/South traffic, with a minimum firewall throughput of 100 Gbps and a minimum SSL/TLS decryption throughput of 90 Gbps, application-based firewall policies, and advanced monitoring capabilities. Offerors shall also propose options for handling East/West traffic, including a software-defined (virtual/SON-based) firewall for the districts data center and all servers. The funding will be supported by E-Ra Schools and Libraries Division.

alez rchasing and Distribution

Submission of this proposal shall serve as evidence that the Offerer understands and agrees to all conditions of the Request for Proposal. Faxed proposals will not be considered. All offerers must submit the attached Felony Conviction Form, in accordance with Section 44.034 of the Texas

Education Code, the Non-Collusion Disclosure/Suspension or Debarment, Conflict of Interest Questionnaire, Contract Addendum, and all signed addendum pages. Failure to submit those forms or not submit them in the format requested may result in disqualification of proposal.

NAME OF VENDOR

ADDRESS

TELEPHONE & CELL PHONE

NG Firewall Upgrades Disbictwide

FY27-P-0007

SIGNATURE OF REPRESENTATIVE

E-MAIL ADDRESS

FAX NUMBER DATE

NG Firewall Upgrades Districtwide

FY27-P-0007

Table of Contents

Section

1. Contract Documents

2. Submission of Proposals

3. Vendor Information

4. Evaluation Factors

5. Notice of Award

6. Submission Format of Proposal

7. Scope of Work

8. General Instructions to Vendor

9. Current Equipment

10. Management

11. Required Response Times

12. Payment Terms and Conditions

13. Insurance and Bonding Requirements

Attachments

Standard Terms and Conditions

Sample Contract

Felony Conviction Notice

Non-Collusion Disclosure/Suspension or Debarment Certificate

Conflict of Interest Questionnaire

Contract Addendum

Primary Vendor’s Routes

Worksheet 01 – Pricing

Worksheet 02 – Experience

Worksheet 03 – Equipment Specification and Technical Documents

Worksheet 04 – Management Plan

Worksheet 05 – Technical Approach

Worksheet 06 – HUB Status

Worksheet 07 – Previous Experience with District

Worksheet 08 – Total Cost of Ownership

Asset Register Worksheet

Asset Transfer Worksheet

NOTES TO ALL OFFERORS:

1. This is a three (3) year award with two (2) options to renew for three (3) year period each, subject to approval by the Schools and Libraries Division and District funding.

The initial term of this Proposal shall be for three (3) years, beginning July 1, 2027 June 30, 2030.

2. Corpus Christi Independent School District (District) reserves the right to award or reject any or all proposals, waive all irregularities, and choose the best value proposal.

3. All questions regarding this proposal must be e-mailed to techbids27@ccisd.us by

Friday, October 9, 2026 at 12:00 PM.

4. Offerors must submit one (1) unbound original, two (2) unbound hard copies of the proposal, marked “Copy”, and one (1) USB flash drive, containing the following two files:

4.1 Electronic version of proposal in PDF format; the PDF file name should be as follows: “Firewall Upgrades Districtwide (E-Rate Year 2027) #FY27-P- 0007 Your SPIN #__________.”

4.2 Pricing proposal forms in Microsoft Excel, the format shown in section 6.1 and section 6.2, file name should be as follows “ Firewall Upgrades Districtwide (E-Rate Year 2027) #FY27-P-0007 Your SPIN #__________ and Offerors name – Pricing Proposal.”

Note: The pricing proposal shall be included in the proposal package in a separate envelope, “ Firewall Upgrades Districtwide (E-Rate Year 2027) #FY27-P-0007 Your SPIN #__________” and Offerors name – Pricing Proposal.”

5. This solicitation may be obtained in Microsoft Word from the District’s web site under

“Purchasing - Bidding Opportunities”. Alterations to any term, condition, clause, specification, or notice may be considered non-responsive. Any exceptions to stated terms must be addressed in writing with the proposal response.

6. Failure to complete the worksheets may lead to disqualification of proposal.

mailto:techbids27@ccisd.us http://echalkweb.ccisd.us/www/CorpusChristi/site/hosting/Purchasing%20and%20Distribution/Bids/Bidding%20Opportunities.doc

OFFICE OF PURCHASING AND DISTRIBUTION

INSTRUCTIONS TO OFFERORS

1. Contract Documents:

1.1 The District’s expectations with respect to the performance by each Offeror and by each Offeror in connection with the District’s purchase are set out in the “Contract Documents” that consist of the Request for Proposal (“RFP”), Specifications, Instructions to Offerors, Standard Terms and Contract Conditions, and Proposal Sheet. Offerors who fail to examine the Contract Documents do so at their own risk.

2. Submission of Proposals:

2.1 Sealed proposals must be submitted by mail or hand delivered in an envelope marked on the outside with the vendor’s name, address, Proposal title, and Proposal number.

2.2 Proposals must be returned in sufficient time to be received and time stamped at the location specified in the Proposal. Late Proposals will be marked “Late” and returned to the Offeror. Only the names of the Offerors will be read aloud at opening.

2.3 Proposals may be modified or withdrawn by written or telegraphic (including facsimile) notice if received by the District’s Office of Purchasing and Distribution prior to the exact hour and date specified for receipt of Proposals.

A Proposal may also be withdrawn in person by a vendor or an authorized representative, provided his/her identity is made known and he/she signs a receipt for the Proposal, but only if the withdrawal is made prior to the exact hour and date set for the receipt of Proposals.

2.4 Offerors must fill out the worksheets provided within this RFP. Failure to complete the attached worksheets may result in disqualification.

3. Vendor Information:

3.1 Proposals must be signed by an authorized agent of the vendor who has authority to bind the vendor contractually.

3.2 Proposals must be firm through the term of the award. If the Offeror anticipates a price change due to economic conditions, the Offeror must give thirty (30) days’ written notice to Office of Purchasing and Distribution. Approval from the District shall be obtained before price change is effective.

3.3 The District does not have to pay Federal Excise Taxes or Texas and local retail sales and use taxes. Tax exemption certificates will be provided upon request. The tax exemption number is 1-74-6000581-6.

3.4 Proposals must address all requested information. A non-response to requested items may be considered non-responsive to the solicitation.

3.5 Terms of payment are Net 30 days.

3.6 The District expressly reserves the right to:

3.6.1 Waive minor deviations from the specifications when it is determined that total cost to the District of the deviating bid is lower than the lowest conforming bid that meets all aspects of the specifications, and the overall function of the goods or services, or both, specified in the deviating bid is equal to or greater than that of the conforming bid.

3.6.2 Waive any defect, irregularity, or informality in any proposal or purchasing procedure.

3.6.3 Reject any or all Proposals for any reason.

3.6.4 Amend the Request for Proposal prior to the opening date. If the solicitation package was downloaded from the District web site, Offerors are responsible for obtaining any addenda.

3.6.5 Increase or decrease the quantity(ies) specified in the Request for Proposals.

3.6.6 Consider and accept an alternate proposal as provided herein when most advantageous to the District.

3.6.7 Conduct discussions and negotiate final scope and price.

3.6.8 Offeror must be an eligible, approved provider by the Schools and

Libraries Division at time of award of contract and implementation.

3.6.9 The District reserves the right to terminate the contract for failure to maintain approval by the Schools and Libraries Division.

4. Evaluation Factors:

4.1 Evaluation Criteria:

The District shall consider all factors listed in Texas Education Code 44.031(b)

4.1.1 Offeror’s total proposal amount (18)

4.1.2 Offeror’s proposal amount for eligible services (21)

4.1.3 Offeror’s experience with projects of similar type, size and complexity. (8)

4.1.4 Offeror’s Equipment Specifications And Technical Documents (10)

4.1.5 Offeror’s management plan (8)

4.1.6 Offeror’s technical approach (14)

4.1.7 Impact on the ability of the District to comply with laws and rules relating to historically underutilized businesses (3).

4.1.8 Previous experience with the District (8).

4.1.9 Total long-term cost to the district to acquire the vendor's goods or services.(10)

5. Notice of Award:

5.1 Award will be in the form of a contract subject to Board of Trustees’ approval.

5.2 Award is contingent on funding from Schools and Libraries Division and available District funding.

6. Submission Format of Proposal:

The Technical Proposal shall be formatted with the following sections:

1. General Information (provide an overview of your company)

2. Reputation / Experience (see Section 6.3 and Section 6.4)

3. Equipment Specifications and Technical Documents (see Section 6.5)

4. Management Plan (see Section 6.6)

5. Technical Approach (see Section 6.7)

6. HUB Certification (see Section 6.8)

7. Previous Experience with the District (See Section 6.9)

The Pricing Proposal shall be formatted with the following sections:

1. Pricing Proposal form (see Section 6.1)

The Pricing Proposal must be sealed separately from the Technical Proposal.

6.1 Total Cost to the District. (18) (see page 39)

6.1.1 This is the total price including Eligible and Non-eligible price for the overall project.

6.2 Price of eligible products/services. (21) (see page 39)

6.2.1 This only includes Eligible services as defined by Schools and Libraries Eligible Services List.

Using the following format, provide pricing information.

Note: Pricing must include all costs associated with providing the services as specified.

6.2.2 Pricing Proposal

Vendor Name:

Vendor Address:

01 Entity Name:

02 Vendor SPIN#:

Totals Eligible Ineligible 03 Firewall (single platform for North/South and

East/West traffic, HA pair, SD)

04 Additional Services 05 Installation and Configuration 06 Documentation 07 After Install Technical Support Hours 08 Pre-consulting Hours

09 Training and Certification 10 On-going cost after Fifth year for one additional year

Scoring:

Lowest responsive and responsible offer will receive maximum points.

Each Offeror’s proposed price over 1% of the lowest responsive and responsible proposed price will receive a deduction of .34 points over up to a maximum of 50% over the lowest proposed price.

Over 50% of the lowest prices evaluated will receive 1 points.

• Complete worksheet 01

6.3 Reputation of the offeror and quality of offeror’s goods or services:

(see page 40)

6.3.1 Offeror’s experience with projects of similar type, size and complexity: (10)

6.3.1.1 Using the format below, provide up to five projects of similar type, size, and complexity that were completed within the last five years. State the customer, address, city, state, zip code, contact name, telephone number, e-mail address, project description, and date of project completion.

Customer Name Address City, State, Zip Code

Customer Contract Name / Phone # / E-mail

Project Description Date of Project (Started / Completed)

ABC Co 123 Street City, State, Zip

Mr. Smith

(361) 000-0000 MrSmith@ABC.com

Priority Install a 10Gb NG Firewall.

01/01/2015 / 01/01/2018

2 points will be awarded for each project of similar type, size and complexity. (8) Definition of Similar type / Size and Complexity mean deployment with the following criteria: install a Firewall of 100Gb throughput or larger.

District reserves the right to contact customers listed and only awarding points after confirmation of reference.

Complete worksheet 02

6.4 Offeror’s references: (see page 41-49)

6.4.1 District staff will request references from the contacts provided in Section 6.3.1.1. Although no evaluation points are allocated, information received will be considered in the overall evaluation.

6.5 Offeror’s Specification Sheets as related to District Needs (10)

6.5.1 District staff is requesting information about the equipment being proposed. A specification sheet showing the products abilities and documentation showing the proposed products independent ranking as compared to other comparable devices, along with White Papers on the proposed item.

Scoring:

• A maximum of 10 points will be awarded based on the products specifications and other documents as compared to District’s Needs.

• Complete Worksheet 03

6.6 Management Plan: (8) (see page 50)

6.6.1 Offeror shall provide contact information of account team and after hours technical support number for product being proposed. (1) mailto:MrSmith@ABC.com

6.6.2 Offeror shall provide the project milestones and technical explanation for the implementation of the devices. (5)

6.6.3 Offeror shall provide a plan to meet the district’s needs knowing the funding constraints in place by E-Rate. (2)

A maximum of 8 points will be awarded based on the completeness and quality of the submission.

Completion of worksheet 04

6.7 Technical Approach: (14) (see page 51)

6.7.1 Offeror’s technical response must address all scope of work requirements as listed in section 7. (16)

6.7.2 Offeror must submit a written response to demonstrate compliance with all items in Sections 7 through 11. Insert your response directly below each item.

A maximum of 14 points will be awarded for submission of the comprehensiveness of the response to the scope of work requirements. (16) Complete Worksheet 05

6.8 Impact on the ability of the District to comply with laws and rules relating to historically underutilized business: (HUB) (3) (see page 52)

Scoring:

• Complete Worksheet 06

• HUB certification Document

6.8.1 Offeror’s must provide proof as a HUB status.

Offerors that are verified to be HUB will receive three points. Offerors not providing HUB certification will receive 0 points.

6.9 Previous experience with Corpus Christi ISD. (8) (see page 53)

6.9.1 Offeror will provide information about four (4) technology related projects done with the district. Offeror will provide start dates and end dates in-addition name of CCISD contact and description of the project.

• Based on Corpus Christi ISD’s experience on the project a grade of A through F will be given by District. An A will obtain 2 points, B will obtain 1 point, C will obtain .5 points and D and F will be given 0 points for each project listed.

• If the project is multi-year renewable each year then it may be listed for each year renewed.

• Complete Worksheet 07

6.10 Total long-term cost to the district to acquire the vendor's goods or services.(10) (see page 54)

• Note the cost per year for the district to keep services proposed

• Include any rate increase expected to be seen yearly

• Lowest responsive and responsible offer will receive maximum points.

• Each Offeror’s proposed price over 1% of the lowest responsive and responsible proposed price will receive a deduction of .90 points, up to a maximum of 50% over the lowest proposed price and a deduction of 45 points.

• Over 50% of the lowest evaluated price will receive 1 points

• Complete Worksheet 8

7. Scope of Work:

• A single (NG) Firewall solution, deployed as a High-Availability (HA) pair, capable of handling both North/South and East/West traffic on the same platform, with a minimum firewall throughput of 100 Gbps and SSL/TLS decryption.

• The Proposed Firewall must handle both North/South and East/West traffic on a single platform, providing a minimum firewall throughput of 100 Gbps and SSL/TLS decryption.

• The Proposed Firewall must be deployed as a High-Availability (HA) pair (two physical) to eliminate single points of failure and support automatic failover. This must be a physical Firewall.

• Offerors shall propose options that may include a software-defined (virtual/SDN-based) firewall, in lieu of or in addition to handling this traffic on the North/South platform.

• Any Additional Services that are complementary to the proposed Firewall to help improve security of the proposed services.

7.1 , NG, Firewall will require the following features:

7.1.1 The offerors will may provide multiple options but these options must be labeled and clearly identifiable.

7.1.2 Services:

7.1.2.1 Offerors will be responsible to correct identify correct fiber optics, fiber and cable lengths needed for any equipment being installed within the data center.

7.1.2.2 The offerors will provide support for five (5) years on the proposed devices.

7.1.2.3 To maximize the granularity of security policies, the Firewall shall support application-based firewall rules, allowing policy creation and enforcement based on any combination of date, time-of-day, ingress and egress hardware port, ingress and egress software port, Layer 7 application identification (regardless of port used), user identification, and content identification.

7.1.2.4 All required performance specifications shall be from published public sources from production environments with all required features and applications simultaneously active.

7.1.2.5 To prevent evasive users and applications from bypassing security functions, all product functions for IPS, Threat Prevention, and Anti- Virus, shall not require specific software port and protocol combinations for detection, mitigation, or enforcement.

7.1.2.6 To insure consistent costs for the lifetime of the project, all pricing shall be based solely on annual licensing for the hardware/services and bandwidth/throughput supplied by the quoted appliance. Per user or per object pricing for licenses will not be considered.

7.1.2.7 The Firewall should include a Zero-Day threat prevention system that validates executable files passing through the firewall, and provides automatic cloud-based behavioral threat analysis of unknown executables, and automatic signature creation to block delivery for executable files that are deemed dangerous by the analysis system.

7.1.2.8 Identify and control circumventors.

7.1.2.9 Decrypt outbound and inbound SSL/TLS traffic.

7.1.2.10 Identify and control applications sharing the same connection.

7.1.2.11 Provide application function control.

7.1.2.12 Deal with unknown traffic by policy.

7.1.2.13 Scan for viruses and malware in allowed collaborative applications.

7.1.2.14 Enable the same application visibility and control for remote users.

7.1.2.15 Deliver the same throughput and performance with application control active.

7.1.2.16 Provide edge security to separate Local Area Network from Public

Internet.

7.1.2.17 Handle Intrusion Prevention/Intrusion Detection

7.1.2.18 Handle URL Filtering

7.1.2.19 Ability to handle multiple VPN sessions

7.1.2.20 Ability to provide in-depth reporting

7.1.2.21 Ability to limit or disable specific Applications, categories or traffic flows

7.1.2.22 Provide real time threat prevention

7.1.2.23 Provide advanced monitoring and analytics, including behavioral/anomaly-based traffic analysis, real-time dashboards, and automated threshold-based alerting, with integration to the District’s SIEM/log-management platform via industry-standard protocols (e.g., syslog, REST API).

7.1.2.24 Minimum of 100 Gbps firewall throughput, with SSL/TLS decryption.

7.1.2.25 Ability to work with Standards based protocols

7.1.2.26 VoIP Compliant (Cisco)

7.1.2.27 H323 Compliant

7.1.2.28 H225 Compliant

7.1.2.29 Support for AAA protocol

7.1.2.30 Multi-cast Compliant

7.1.2.31 IPv4 and IPv6 compliant

7.1.2.32 Provide High Availability via a High-Availability (HA) pair of firewall appliances (active/passive or active/active), eliminating single points of failure and supporting seamless automatic failover

7.1.3 Installation and Project Management

7.1.3.1 Perform a Risk Analysis to identify and manage all known risks associated with this implementation.

7.1.3.2 Transfer existing Firewall Rules to the new Firewall being proposed.

7.1.3.3 Provide Project status reports and maintain an outstanding issues list.

7.1.3.1 Prepare Work Breakdown Structure and provide project schedules in the form of Gantt charts, system diagrams, milestone charts, or text tables.

7.1.3.2 Provide testing and turnover procedures.

7.1.3.3 Proposer shall provide a training plan which details the organizational training requirements to support up to 4 employees with vendor-specific training and certifications. Learning credits need to be included with the training material for accredited testing.

7.1.3.4 All costs related to the installation of the equipment (including all necessary materials, labor, etc.) will be the responsibility of the offeror.

7.1.3.5 Record all the information and completed all forms provided within this

RFP.

7.1.3.1 The Solution will include premium 24/7 hardware and software support services from the OEM (Original Equipment Manufacturer) including advance parts replacement.

7.1.4 The proposal price should include all installation charges.

7.1.5 Acceptance Testing - Upon completion of installation, a mandatory performance evaluation will be conducted by the vendor in the presence of the District’s authorized representative. Testing shall provide proof of the full activation of the newly installed devices.

7.1.6 Vendor shall notify the District’s representative of the proposed installation time which will have to be off school hours two weeks in advance.

7.1.8 The District reserves the right to increase or decrease the number of devices being replaced.

7.1.9 Offeror shall ensure that all required cabling and/or wiring is properly enclosed to ensure a professional and institutional appearance.

7.1.10 Offeror shall provide installation actual requirements for equipment being installed such as electrical and space requirements 90 days in advance to installation.

7.1.11 The Offeror will be required to label and asset tag these devices and electronically tag the devices with room number, asset tag, E-Rate FRN Line number, Funding Year, School Number.

7.1.12 The Offeror will provide IP numbers of the equipment, name of the equipment, and description of its purpose so it can be added to the District’s monitoring software.

8. General Instructions to Vendor:

8.1 Each project will be a “turn-key” solution. Due to availability of funds, District construction plans, and other factors, the District will have the right to select which projects and/or options it chooses to do and when. Once the initial award is made, the District may choose to add additional projects and/or options as they become feasible and to request changes or additions to reflect the needs of the District.

8.2 No additional work shall be performed without written authorization in the form of a change order authorized by the Office of Purchasing and Distribution and coordinated through the Technology Services Center.

8.2.1 Proposed prices shall be all-inclusive and represent complete installation and/or delivery of projects as specified. Responses shall include all equipment, hardware, software, installation, configuration, training, maintenance, testing, certification, and warranties. The successful offeror shall be responsible for all parts, labor and all other associated items necessary to completely install, test, and turnover as specified for acceptance to the District, the project(s) detailed in this proposal.

8.2.2 Offeror shall ensure the District is aware and acknowledges any modifications needed to the network, electrical, air conditioning and infrastructure to ensure efficient and effective use of the proposed solution in writing.

9. Current Equipment:

9.1 Firewall – Fortigate 3104E in active and passive mode.

9.2 Connected to Two 15 Gb Internet Providers

9.3 Current Network Diagram

10. Management:

10.1 Management cost for the installation and initial operation of eligible products and services are eligible only if they are part of a contract or proposal for those eligible products and services.

10.2 Offeror shall assign a project manager and must work with an assigned individual at the District. The assigned project manager must be available to assist in resolving issues as they occur. The project manager should setup scheduled meetings to discuss the status of the project as it is occurring. All projects must be put into Microsoft Project and an electronic copy be given to District prior to the start of the project.

10.3 Failure to comply with proposed management requirements could constitute breach of contract.

11. Required Response Times of Product Proposed:

11.1 For 24 hours a day, 7 days a week, telephone support is required.

11.2 Offerors must provide on-site support within 24 hours of request.

11.3 Five Year Maintenance on solution

12. Payment Terms and Conditions:

12.1 Payments shall be “net thirty (30) days" after date of invoice is received and approved by Department for Technology Services.

12.2 This is an E-Rate proposal to be funded by E-Rate funds at a discount determined by SLD.

13. Insurance and Bonding Requirements:

13.1 Upon award of proposal and issuance of purchase order, all Offerors will be required to provide the following insurance coverage:

Commercial General Liability

Each Occurrence Limit $1,000,000

Personal and Advertising Injury $1,000,000

Product/Completed Operations Aggregate $2,000,000

General Aggregate Limit $2,000,000

Umbrella Liability $5,000,000

Automobile Liability covering owned, non-owned hired automobiles

Combined Singe Limit $1,000,000

Workers' Compensation

Each accident $ 500,000

Disease each employee $ 500,000

Disease policy limit $ 500,000

13.2 All insurance must be written by insurance companies that are rated in the A.M. Best Key Rating Guide-Property & Casualty with a policy holder's rating of "A" and a Financial size category of Class VII.

13.3 The Workers' Compensation shall provide a waiver of subrogation endorsement.

13.4 The Commercial General Liability shall name the District as additional insured and provide a waiver of subrogation endorsements.

13.5 Copies of additional insured and waiver of subrogation on the General

Liability and waiver of subrogation on the workers compensation must accompany the certificate of insurance. Each time the certificate of insurance comes due, a new copy of the endorsements must accompany the certificate of insurance.

13.6 Vendor shall provide notification of cancellation, in writing, thirty (30) days prior to termination date.

13.7 A 5% Bid Bond is required if proposed price is over $100,000 and is due with proposal response.

13.8 If proposed price is over $25,000 a payment bond will be required after award and before beginning work.

13.9 If proposed price is over $100,000 a performance bond will be required after award and before beginning work.

OFFICE OF PURCHASING AND DISTRIBUTION

STANDARD TERMS AND CONTRACT CONDITIONS

1. Introduction:

Every purchase by the Corpus Christi Independent School District (“the District”) of goods or services, or both, shall be governed by the following terms and conditions, except to the extent that such terms and conditions are specifically modified or altered by the terms and conditions of the Request for Proposal, Specifications, Proposal Sheet, or Instructions to Offerors relating to the subject Request for Proposal. The Request for Proposal, Specifications, Instructions to Offerors, Standard Terms and Contract Conditions, Proposal, and Proposal Sheet constitute and are referred to hereafter collectively as the “Contract Document.”

2. Gratuities:

District may, by written notice to the Offeror, cancel this contract without liability to Offeror if it is determined by the District that gratuities, in the form of entertainment, gifts, or otherwise, were offered or given by the Offeror, or any agent, or representative of the Offeror, to any officer or employee of the District with a view toward securing a contract or securing favorable treatment with determinations with respect to the performance of such contract. In the event this contract is canceled by the District pursuant to this provision, the District shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Offeror in providing such gratuities.

3. Special Tools and Test Equipment:

If the price stated in the Proposal includes the cost of any special tooling or special test equipment fabricated or required by Offeror for the purpose of fulfilling Offeror’s obligations, such special tooling equipment and any process sheets related thereto shall become the property of the District and to the extent feasible shall be identified by the Offeror as such.

4. Warranty Price:

4.1 Price to be paid by the District shall be that contained in Offeror’s proposal which Offeror warrants to be no higher than Offeror’s current prices on orders by others for products of the kind and specification covered by this agreement for similar quantities under similar or like conditions and methods of purchase. In the event Offeror breaches this warranty, the prices of the items shall be reduced to the Offeror’s current prices on orders by others or in the alternative, the District may cancel this contract without liability to Offeror for breach or Offeror’s actual expenses.

4.2 Offeror warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingency fee excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Offeror for the purpose of securing business. For breach or violation of this warranty, the District shall have the right in addition to any other right or rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage, or contingency fee.

5. Warranty Products:

Offeror shall not limit nor exclude any implied warranties and any attempt to do so shall render this contract voidable at the option of the District. Offeror warrants that the goods furnished will conform to the specifications, drawings, and descriptions contained in the Contract Documents and to the sample(s) furnished by Offeror, if any.

6. Safety Warranty:

Offeror warrants that the product sold to the District shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act (OSHA) of 1970. In the event the product does not conform to OSHA standards, the District may return the product for correction or replacement at the Offeror’s expense. In the event Offeror fails to make the appropriate correction within a reasonable time, correction made by the District will be at Offeror’s expense.

7. No Warranty by the District Against Infringements:

As part of this contract for sale, Offeror agrees to ascertain whether goods manufactured in accordance with the specifications attached to the agreement will give rise to the rightful claim of any third person by way of infringement or the like.

The District makes no warranty that the production of goods according to the specification will not give rise to such a claim, and in no event shall the District be liable to Offeror for indemnification in the event that Offeror is sued on the grounds of infringement or the like will result, he will notify the District to the effect in writing within two weeks after the signing of this agreement. If the District does not receive notice and is subsequently held liable for the infringement or the like, Offeror will indemnify and hold the District harmless from any loss, cost, or expense. If Offeror in good faith, ascertains that production of the goods in accordance with the specifications will result in infringement or the like, this contract shall be null and void, except that the District will pay Offeror the reasonable cost of the infringement search.

8. Termination:

The performance of work under contract may be terminated in whole or in part by the District in accordance with provision. Termination of work hereunder shall be effected by the delivery to the Offeror of a “Notice of Termination” specifying the extent to which performance of work under the contract is terminated and the date upon which such termination becomes effective. The District reserves the right to terminate for any reason with a thirty (30) day notice.

9. Commitment of Current Revenue: (Local Government Code 271.903)

The District by law reserves the right to terminate this contract at the expiration of each budget year. The contract is conditioned on a best effort attempt by this governing body to obtain and appropriate funds for payment of the contract and the continuing right to terminate. This contract is a commitment of the local government’s current revenues only.

10. Force Majeure:

If by reason a Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under the Contract Documents, 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 relies 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 hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

10.1 The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts or other industrial disturbances, 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, landslides, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines, or canals, 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 under the above requirement that any Force Majeure shall be remedied with all reasonable dispatch and shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty.

11. Advertising:

Offeror shall not advertise or publish, without the District’s prior consent, the fact that the District has entered into a contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the federal, state, or local government.

12. Right to Assurance:

Whenever one party to the contract in good faith has reason to question the other party’s intent to perform, that party may demand that the other party give written assurance of the intent to perform. In the event that a demand is made and no assurance is given within five (5) days, the demanding party may treat the failure as an anticipatory repudiation of the contract.

13. Independent Contractor:

Offeror shall perform the services required by the Contract Documents as an independent contractor and shall furnish such services in its own manner and method, and under no circumstances or conditions shall any agent, servant, or employee of Offeror be considered an employee of the District.

14. Hold Harmless:

Offeror shall fully indemnify, save, and hold harmless the District, its officers, employees, and agents (hereinafter “the Indemnities”) against any and all liability, damage, loss, claims, demands, and actions of any nature whatsoever on account of personal injuries (including, without limitation on the foregoing, workers’ compensation and death claims), or property loss or damage of any kind whatsoever that arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with, the performance of the contract, unless such injury, loss, or damage is caused by the sole negligence of Indemnities. Offeror shall at its own expense investigate all such claims and demands, attend to their settlement or other disposition, defend all actions based thereon, and pay all charges of attorneys and all other costs and expenses of any kind arising from any such liability, damage, loss, claims, demands, and actions.

15. Insurance Requirements:

No activities shall be commenced under this contract until a Certificate of Insurance as proof of the required insurance coverage is delivered to the Contract Administrator as detailed in the Specifications. Additionally, the Certificate must state that the District will be given at least thirty (30) days’ prior notice of cancellation, material change in the coverage, or intent not to renew any of the policies. The District shall be named as an additional insured. Copies of the insurance policies shall be furnished to the District upon request. A Workers' Compensation Insurance Certificate is required. A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Department of Insurance, Division of Workers’ Compensation, or a coverage agreement (DWC- 81, DWC-82, DWC-83, or DWC-84) showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project for the duration of the project.

16. Assignment Delegation:

No right or interest in this contract shall be assigned or delegation of any obligation shall be made by Offeror without the written approval of the District. The performance of this contract by Offeror is of the essence to the contract, and the District’s right to withhold consent to such assignment shall be within the sole discretion of the District on any grounds whatsoever. Any attempted assignment or delegation by Offeror shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph.

17. Waiver:

No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved.

18. Liquidated Damages:

If the Project is not complete in accord with the Contract Documents within the Contract Time, then the District shall be entitled to recover from the Contractor, at the District’s sole election, all loss or damage incurred or sustained by the District of every kind and nature whatsoever.

19. Modifications:

This contract may be modified or rescinded only by written statement signed by both parties and/or their duly authorized agents.

20. Prohibition against Personal Interest in Contracts:

If any member of the Board of Trustees of the District or any employee of the District has any interest, either direct or indirect, in the business of Offeror, such interest must be disclosed in Offeror’s Proposal.

21. Applicable Law:

This contract shall be governed by the Uniform Commercial Code (“Code”) as enacted by the Texas Legislature, which is effective and in force on the date of this contract together with any other laws of the United States, the State of Texas, Ordinances of the City of Corpus Christi, Texas, and Policies/Directives of the District that may be applicable to the contract.

22. Interpretation Parole Evidence:

The Contract Documents are intended by the parties as the final expression of their contract and are intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this contract. Acceptance or acquiescence in a course of performance rendered under this agreement shall not be relevant to determine the meaning of this agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Code is used in this contract, the definition contained in the Code is to control.

23. Venue:

Both parties agree that venue for any litigation arising from this contract shall lie in Nueces County, Texas.

SAMPLE CONTRACT

(This contract must be ready and approved by your legal firm at the time of submission of the Request for Proposal.)

Corpus Christi, Texas

CONTRACT

This Agreement is made by and between the Corpus Christi Independent School District, a political subdivision of the State of Texas, hereinafter referred to by name or as the “District”, and _______________, hereinafter referred to by name or as the “Contractor”. In consideration of the mutual promises set forth below, the parties agree as follows:

RECITALS

The parties hereto state that the Contractor agrees to provide Firewall Upgrades Districtwide (E-Rate Year 2027) as specified in the Contract Documents (hereinafter called the “Project”).

TERM

The term of this Agreement begins when it is properly executed by all parties (the "Effective date"), and ends when the Project is completed to the satisfaction of the District. This is a three (3) year award with two (2) options to renew for three (3) year period each, subject to approval by the Schools and Libraries Division and District funding. The initial term of this Proposal shall be for three (3) years, beginning July 1, 2027 June 30, 2030. The Schools and Libraries (E-Rate) funding period under this Agreement will be from July 1, 2027, through June 30, 2030 (“Initial term”). This Agreement shall remain in full force and effective during the above-referenced time period unless properly terminated by either party.

WORK TO BE PERFORMED

The Contractor agrees to provide Firewall Upgrades Districtwide (E-Rate Year 2027) as specified in the Contract Documents.

CONTRACT DOCUMENTS

The Contract Documents consist of this Contract and the following documents that are incorporated herein by reference as if they were fully set forth, to wit:

a. All parts of the Request for Proposal # FY27-P-0007

b. (Offeror’s Name) Response to FY27-P-0007

c. Any addenda

PAYMENT FOR SERVICES

As consideration for the work furnished by the Contractor pursuant to this Agreement, the District will pay the Contractor, in accordance with and contingent upon the Schools and Libraries Division decision funding letter, a maximum amount of (type out dollar amount) and no cents ($_______________) payable in monthly amounts and upon the terms and conditions as provided in the Contract Documents. Contractor agrees to furnish all labor, services, materials, tools, equipment, and supervision necessary to the full and final completion of the Project, and everything incidental thereto, as shown on the stated Specifications, and properly inferable therefrom, all in accord with the Contract Documents.

INDEPENDENT CONTRACTOR RELATIONSHIP

In the performance of the services hereby contemplated, the Contractor is an independent contractor, and neither the Contractor, nor the principals, partners, employees, or subcontractors of the Contractor, shall be deemed servants, agents, or employees of the District.

INSURANCE AND BONDING REQUIREMENT

Immediately following the execution of this Contract and before performing any work authorized through an approved purchase order, the Contractor shall furnish proof of insurance in the full amount required by the Contract Documents, the full amount of the Contract Price, on forms promulgated by the District, written by companies acceptable to and approved by the District through a valid Certificate of Insurance, in accord with the requirements stated in insurance and bonding requirements in the Contract Documents and otherwise required by law.

TAX EXEMPTION

The parties hereto agree that they will take such steps and execute such instruments as may be necessary to enable the District to claim its exemption from the Texas Sales Tax for materials used. All savings resulting from such tax exemption shall be used for the benefit of the District. Because the District is a tax exempt entity, the Offeror shall not charge or seek reimbursement from the District for the payment of any taxes from which the District is exempt.

ASSIGNMENT

Neither this Agreement nor any duties or obligations hereunder shall be assignable by the Contractor without prior written consent of the District. In the event of an assignment by the Contractor to which the District has consented, the assignee or its legal representative shall agree in writing with the District to personally assume, perform, and be bound by the covenants, obligations, and agreements contained herein. In the event the Contractor assigns, sublets, or subcontracts without written consent from the District, this Agreement may be terminated at the option of the District.

SUCCESSORS AND ASSIGNS

Subject to the provisions regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, legal representatives, successors, and assigns of the respective parties.

MEDIATION

Except for the immediate remedy of injunctive relief, neither party will resort to litigation without first submitting any dispute regarding the subject matter of this Agreement to mediation. Nothing in this provision is intended to waive any immunities or defenses to which the District is entitled under the law.

ATTORNEY’S FEES

If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees in accordance with Section 271.159 of the Texas Local Government Code in addition to any other relief to which it may be entitled.

GOVERNING LAW AND VENUE

The validity of this Agreement and of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of Texas and federal law and regulations that relates to Schools and Libraries Division (E-Rate) funding and requirements. Venue for any legal action related to this Agreement shall be in Nueces County, Texas.

ENTIRE AGREEMENT

This Agreement supersedes any and all other agreements, either oral or written, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter that is not contained herein, or in the Contract Documents, shall be valid or binding.

AMENDMENT

This Agreement may be amended by the mutual agreement of the parties’ hereto in writing and incorporated into this Agreement. The duly appointed representative of each party must sign any such amendment.

LEGAL CONSTRUCTION

In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

SCHOOLS AND LIBRARIES (E-RATE) REVENUES

Each party understands and agrees that any and all payments made in accordance with this Agreement shall be subject to contingency upon: (1) E-Rate Schools and Libraries

Division; and (2) the availability and proper appropriation of school budget funds during any budget year of this Agreement. The District may terminate this Agreement if funding or approval is not obtained pursuant to this paragraph.

REVENUES

Each party understands and agrees that any and all payments made in accordance with this Agreement during the initial Term shall be made only out of 2019-2027 budgeted revenues and receipts available to the District during that Term. Payments for Renewal Terms shall likewise be made only out of budgeted revenues and receipts available to the District during the particular Renewal Term.

TERMINATION

In accordance with the Contract Documents, the District may terminate this Agreement for lack of approved funding or for any other reason, with or without cause, upon written notice to the Contractor. In the case of such termination, the District will not be required to pay Contractor for more than the value of the goods and/or services provided through the effective date of termination.

EQUAL OPPORTUNITY

The parties shall provide all services and fulfill all obligations associated with the subject matter of this Agreement in compliance with the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972 (34 C.F.R. § 106, et seq.), and all other applicable anti-discrimination laws.

INDEMNIFICATION

To the extent permitted by law, the Contractor shall defend and hold harmless the District and its Board of Trustees, administrators, staff, agents, and employees against any and all claims for damages, personal injury, or death proximately caused by the acts or omissions of the Contractor, or any of its agents or employees, in the performance of this Agreement.

NOTICES

All written notices provided to the parties pursuant to this Agreement shall be forwarded to each party at the addresses indicated below. Such notices shall be considered duly and properly given when delivered in person or actually received by either party by U.S. mail or any other delivery service provider.

WHEREAS, the parties hereto agree to the terms of this…