PURCHASE_OF_BAND_UNIFORMS.pdf

Fontana Unified School District

9680 Citrus Avenue

Fontana, CA 92335

BID NO. 26/27-0011

FOR

PURCHASE OF BAND UNIFORMS

Bid No. 26/27-0011 PURCHASE OF BAND UNIFORMS

TABLE OF CONTENTS

I. Introduction

II. Notice Inviting Bids - Commodity

III. General Bid Instructions & Conditions (Commodity)

IV. Special Conditions

V. Bid Form/Pricing Table

VI. Vendor Questionnaire, References, & Forms for Commodity

1. Introduction

Fontana Unified School District (FUSD) is a public K–12 school district located in San Bernardino County, California, serving approximately 32,000 students in a diverse urban/suburban community. The District operates

30 elementary schools, 7 middle schools, 5 comprehensive high schools, 1 continuation high school, 1 adult education center, and additional district offices and departments. FUSD is the second-largest school district in San

Bernardino County and is committed to providing equitable access to high-quality educational programs and services. Vendors seeking more information about the District are encouraged to visitwww.fusd.net.

Fontana Unified School District is inviting bids from qualified individuals, firms, partnerships, corporations, associations, or professional organizations for quotes to provide Band Uniforms to FUSD.

The District’s assigned representative under this Bid shall be Norma Reyes (“District Representative”).

Notice Inviting Bids: October 14, 2026

Request for Information / Q & A Deadline: October 26, 2026, 12:00pm

Addendum (if needed): October 30, 2026, 4:00pm

Proposal Due: November 6, 2026, 2:00pm

Intent To Award: November 20, 2026

Tentative Award of Contract: December 16, 2026

2. Notice Inviting Bids - Commodity

NOTICE IS HEREBY GIVEN that the Fontana Unified School District (“District”) will receive bids up to, but no later than 2:00 pm, Friday, November 6, 2026 through the OpenGov Procurement Portal at www.fusd.net/bids, for the award of a contract for:

Bid No. 26/27-0011 PURCHASE OF BAND UNIFORMS

Bid documents will be available through the Procurement Portal beginning Wednesday, October 14, 2026.

Proposals must be accompanied by all required forms referenced in the contract documents to avoid disqualification.

No proposals submitted by email, fax, or mail will be accepted.

Request for Information (RFI)/ Question & Answer (Q&A) deadline is: 12:00 pm on Monday, October 26, 2026.

Requests for Information must be submitted through the e-procurement portal. No other questions or requests for information will be accepted after this date and time.

All notifications, updates, notices, and addenda will be posted on OpenGov and emailed to vendors who are following the solicitation. Bidders are responsible for monitoring OpenGov as the official source of information and should not rely on email notifications alone to obtain all information regarding any revisions to this solicitation.

Failure to acknowledge or respond to required updates may result in a determination that the bid is nonresponsive.

No bidder may withdraw a bid for a period of ninety (90) calendar days after the date set for the bid opening.

https://www.fusd.net/ https://www.fusd.net/bids

To ensure a fair and equitable process, vendors may not contact District staff or Board of Education members regarding this bid; such contact may result in disqualification. The Board of Education reserves the right to reject any or all proposals, waive any irregularities or informalities, and accept or reject any item(s) therein.

Fontana Unified School District Board of Education

Publication Dates: October 14, 2026, and October 21, 2026

3. General Bid Instructions & Conditions (Commodity)

3.1. SUBMITTING BIDS

Each bid must be submitted through the Procurement Portal at https://procurement.opengov.com/portal/fusd by the time prescribed in the bid.

3.2. RESPONSIBILITY

All bids shall be signed with the firm's name and by a responsible officer or employee.

3.3. MODIFICATIONS

Any changes, additions, or alterations to the bid form or other bid documents that are not expressly requested in these bid instructions may render the bid non-responsive and subject to rejection, as not being responsive to the

Notice of Inviting Bids. No oral, telephonic, telegraphic, or facsimile bids or modifications will be considered.

3.4. SIGNATURE

All uploaded documents included in bid documents to be submitted with bid must be signed in permanent ink in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid. Any bid submitted without a signature will be deemed non-responsive and will be rejected.

3.5. ACCEPTANCE

Bid on each item separately. Prices shall be stated in units specified. The Board will not be responsible for errors in extensions. The right is reserved to reject any or all bids; to waive any irregularities or informalities in any bid or in the bidding; and to accept or reject any items in the bid. No bidder may withdraw his/her bid for a period of

Ninety (90) days after the date set for opening thereof.

3.6. ADDENDA

The District reserves the right to issue addenda to the bid solicitation at any time prior to the date and time of the public bid opening. Addenda, if issued, will be issued through the Procurement Portal at https://procurement.opengov.com/portal/fusd. It will be the responsibility of the bidder to ensure receipt and acknowledgement of any addenda issued. All addenda shall become part of the contract documents.

3.7. BID SECURITY

Bid bond/security is not required for this solicitation.

3.8. TIE BIDS

If two identical low bids are received from responsive and responsible bidders, the District will determine which bid will be accepted pursuant to California Public Contract Code Section 20117.

https://procurement.opengov.com/portal/fusd https://procurement.opengov.com/portal/fusd

3.9. BID PROTEST PROCEDURE

Any bid protest by any bidder regarding any other bid must be submitted in writing to: Sr. Director of Purchasing, Shamica R. Nance at shamica.nance@fusd.net, not more than five (5) calendar days after receipt of written notice of the District’s intent to award to another bidder and must meet the following requirements:

a. The protest must contain a complete statement of any and all basis for the protest.

b. The protest must refer to the specific portions of all documents that form the basis for the protest.

c. The protest must include the name, address, email and telephone number of the person representing the protesting party.

The procedure and time limits set forth in this section are mandatory and are each bidder's sole and exclusively remedy in the event of bid protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code claim, any administrative remedies or legal proceedings.

3.10. SUBSTITUTIONS

Use of patent or proprietary names or the names of manufacturers in these specifications shall be deemed to be used for the purpose of facilitating a description and shall be deemed to be followed by the words “or equal” unless the proposal specifically requires no substitutions. When submitting proposals on items other than those specified, the proposer must state on the proposal the pack size and/or description on each item bid other than “as specified”. At the Districts request, the proposer shall furnish samples and/or full descriptive information covering the product within five (5) business days of request.

3.11. QUALITY

All workmanship, materials, and articles incorporated in the items covered by this specification shall be of the best available grade of their respective kinds for the purpose for which the items are to be used. All equipment shall be new unless otherwise specified.

3.12. WARRANTY

Items delivered under this contract will have standard warranty, including full parts, labor to repair (if needed).

Unless otherwise specified, warranty “period of time” should commence after receipt of item/material by the

District. The successful bidder will be solely responsible for handling all warranty claims.

3.13. SAMPLES AND TESTING

Samples of items, when required, shall be furnished free of expense to the District, and may be retained by the

District for the purpose of comparing against material delivered by the apparent low bidder, and if not destroyed by tests will, upon request, be returned at bidder’s expense. The final decision as to whether the material or product is the equal to that specified shall be made by the District. In all cases when a sample is taken from a shipment and sent to a public testing laboratory and the test shows that the sample does not comply with the specifications, the bidder shall pay the cost of the tests. In all cases the District reserves the right to make test it deems necessary.

3.14. PATENT INFRINGEMENTS

The successful bidder shall hold the Fontana Unified School District, its officers agents, servants and employees, harmless from liability of any nature or kind on account of use of any copyrighted or un-copyrighted composition, secret process, patented invention, article, or appliance, furnished or used, under this bid.

mailto:shamica.nance@fusd.net

3.15. DELIVERY

It is understood that the bidder agrees to deliver prepaid all items on which bids are accepted to the address indicated in the bid. All cost for delivery, drayage, or freight, or the packing of said articles are to be borne by the bidder.

3.16. SALES TAX

(A) Do not include California State Sales Tax in bid; said tax will be added to invoice and paid by the District. (B)

Do not include Federal Excise Tax or Use Tax in bid: the District is not subject to same.

3.17. DISCOUNT

Cash discount when stated on bid shall be allowed on all payments that are processed by the District with reasonable promptness after acceptance of material and receipt of vendor’s invoice in triplicate. Cash discounts for a period of less that thirty (30) days will not be considered in determining low bidder.

3.18. BID NEGOTIATIONS

A bid response to any specific item of this bid with terms such as “negotiable”, “will negotiate”, or similar, will be considered non-responsive to that specific term. Alternate bids will be rejected.

3.19. INTERPRETATIONS OF BID DOCUMENTS

All interpretations of the bid conditions and/or specifications shall be made only by written addendum. The

District shall not be responsible for any other explanation or interpretation of the bid document.

3.20. LEGAL REQUIREMENTS

All bidders are required to comply with and be bound by all applicable provisions of law whether or not referred to herein.

3.21. COMMUNICATION OF AWARD

Bid awards made by the Board of Education shall not become binding upon the District until communication in writing to the successful bidder.

3.22. SAFETY REGULATIONS

All equipment and supplies furnished, and/or all work performed, shall meet all applicable safety regulations of the Division of Occupational Safety and Health of the State of California and Safety and Health Codes of the

State of California.

3.23. AFFIRMATIVE ACTION

The bidders shall certify that he/she is an Equal Opportunity Employer and has made a good faith effort to improve minority employment and agrees to meet federal and state guidelines. No discriminating shall be made in the employment of persons upon public works in this project because of the sex, race, color, national origin or ancestry, religion, or handicap of such personnel.

3.24. NON-COLLUSION DECLARATION

A signed Non-collusion Declaration must be uploaded in OpenGov. Bids received without a signed Non-collusion Declaration cannot be accepted.

3.25. INSURANCE AND WORKERS’ COMPENSATION

The successful bidder shall be required to furnish certificates and endorsements evidencing that the required insurance is in effect as set forth in the Agreement. District may request that such certificates and endorsements are completed on District provided forms. In accordance with the provisions of Section 3700 of the Labor

Code, the successful bidder shall secure the payment of compensation to all employees. The successful bidder who has been awarded the contract shall sign and file with District prior to performing the work, the Workers’

Compensation Certificate included as a part of the proposal documents. Labor Code section 1861.

a) Successful bidder shall, at bidder’s sole cost and expense, maintain in full force and effect the following insurance coverages from a California licensed insurer with an A, VIII, or better rating from A.M. Best or an approved self-insurance program, sufficient to cover any claims, damages, liabilities, costs and expenses

(including attorney fees) arising out of or in connection with bidder’s fulfillment of the obligations under this bid:

i. Comprehensive General Liability Insurance, including bodily injury, property damage and contractual liability with minimum limits set by the District. The policy may not contain an exclusion for sexual molestation or abuse coverage, may be waived by the District.

a. General Aggregate $2,000,000

b. Each Occurrence $1,000,000

c. Products/Completed Operations $1,000,000

d. Personal and Adverting Injury $1,000,000

e. Damage to Rented Premises $50,000

f. Medical Expense (any one person) $5,000

ii. Umbrella (excess) liability insurance coverage with a limit of $3,000,000, unless waived by the

District. The policy may not contain an exclusion for sexual molestation or abuse coverage, may be waived by the District.

iii. Business Automobile Liability Insurance for owned, scheduled, non-owned, or hired automobiles with a combined single limit not less than $1,000,000 per occurrence.

iv. Professional Liability Insurance with a limit of $1,000,000 per occurrence, if applicable.

v. Workers’ Compensation and Employers Liability Insurance in a form and amount covering bidder’s full liability under the California Workers’ Compensation Insurance and Safety Act and in accordance with applicable state and federal laws. The policy shall be endorsed with the insurer’s waiver of rights of subrogation against the District.

vi. The following special hazards shall be covered by rider or riders to the above-mentioned public liability insurance or property damage insurance policy or policies of insurance, or by special policies of insurance as follows:

It should be expressly understood, however, that the coverage and limits referred to above shall not in any way limit the liability of the bidder.

b) The successful bidder shall not commence work or allow any subcontractor to commence work under this contract until all required insurance and certificates have been delivered in and approved by District.

c) Successful bidder shall provide prior written notice to the District thirty (30) days in advance of any non-renewal, cancellation, or modification of the required insurance. The certificates of insurance providing the coverages referred to in clauses i. and ii. Above shall name District, its Governing Board, officers, and employees, as additional insureds with appropriate endorsements. In addition, the certificates of insurance shall include a provision stating, “Such insurance as is afforded by this policy shall be primary, and any insurance carried by District shall be excess and noncontributory.” Failure to maintain the above-mentioned insurance coverages shall be cause for termination of the Agreement.

3.26. CALIFORNIA PUBLIC RECORDS ACT

All documents received by District, as a public agency, in connection with this bid are subject to the requirements of the California Public Records Act. Bidder shall identify any information contained in the bid that the bidder deems to be, and establishes as, confidential, or proprietary and wishes to be withheld from disclosure to others.

Note: A blanket statement that all contents of the bid response are confidential or proprietary cannot be honored by District.

3.27. DISTRICT CONTACT

Bidders are hereby notified that any contact with a member of the Board of Education, Superintendent, Associate

Superintendent, or employee of the District, other than Norma Reyes, Sr. Buyer, or Sr. Director of Purchasing, Warehouse, and Mail Services regarding this bid could result in the rejection of their proposal.

3.28. MANDATED REPORTER TRAINING REQUIREMENT

California Mandated Reporter Requirement – Contractors and Vendors https://mandatedreportertraining.com/california/

Any contractor, subcontractor, consultant, or vendor (“Contractor”) providing services on a school campus or at any District facility where pupils may be present shall comply with all applicable California mandated reporter laws.

Pursuant to California Penal Code § 11165.7 and Education Code § 44691, certain individuals working on school grounds, including employees of outside contractors who may have direct contact with students, may be designated as mandated reporters of child abuse and neglect.

Accordingly, Contractor shall ensure the following:

A. Mandated Reporter Training Required - Contractor certifies that all Contractor employees, agents, or subcontractors who will perform work on District property during times when students are present have completed California-required mandated reporter training consistent with state law.

B. Training Prior to Campus Access - Such training must be completed prior to the employee commencing work on any school site or District facility.

C. Proof of Compliance - Contractor shall provide, upon request, documentation verifying completion of mandated reporter training for covered employees.

D. Duty to Report - Contractor employees identified as mandated reporters must immediately report suspected child abuse or neglect in accordance with Penal Code §§ 11164–11174.3 (Child Abuse and

Neglect Reporting Act).

E. Failure to Comply - Failure to comply with these requirements shall constitute a material breach of contract and may result in removal of personnel from District property and/or termination of the agreement.

4. Special Conditions

4.1. REQUIRED QUALIFICATION

Successful bidder must be able to provide all products and services, including uniform measurements, manufacturing, and final delivery, within the required timeframe, one hundred thirty (130) calendar days after https://mandatedreportertraining.com/california/ receipt of the District's purchase order or by May 24, 2027, whichever occurs first, unless otherwise approved in writing by the District.

4.2. SUBSTITUTIONS FOR BID SPECIFIED ITEMS

Whenever these specifications reference a product by brand name, trade name, proprietary designation, or manufacturer, such reference is intended solely to establish the minimum quality, standard, or performance level required and shall be interpreted to include the phrase “or equal.”

Bidders may propose equal or alternative products; however, bidders must clearly identify such substitutions and submit complete product documentation for each equal/alternate item proposed. Required documentation shall include, at a minimum:

• Manufacturer’s product specifications sheets

• Equipment only, include warranty

Requests for substitution (“or equal”) products must be submitted through the Question & Answer (Q&A) section of the e-procurement portal no later than the stated RFI deadline. Requests submitted after this deadline will not be considered.

Upon request by the District, bidders shall provide product samples of proposed equal/alternate items within five

(5) calendar days at no cost or obligation to the District for purposes of evaluation, testing, or review. The District will notify the bidder in writing whether the proposed substitution is approved as an “equal.”

Samples not consumed, altered, or destroyed during evaluation will be returned to the bidder, if feasible. All costs associated with providing samples and supporting documentation shall be borne by the bidder.

Substitution of products after contract award will not be permitted. The District reserves the right to reject any products furnished that, in their opinion, do not strictly comply with the specifications or fail to meet the quality, safety, or performance standards established by the bid documents or approved sample. Any rejected products shall be promptly removed and replaced at the bidder’s expense.

Failure to comply with these substitution requirements, including failure to provide requested documentation or samples (when applicable), may result in the item being deemed non-responsive and ineligible for award.

Bidder shall bear all costs of sample submittals.

4.3. QUANTITY

The quantities indicated on the Bid Form are good faith projections of need and are given for the purpose of bid evaluation. The estimated quantities do not indicate the precise quantity which will be ordered and may increase/decrease, without prior notification, depending on budgetary allocations and/or need. There will be no minimum order requirements for any items listed on this bid. Bidders shall not specify minimum or maximum quantities or charges for specific order types. The estimated quantities listed on the Bid Form do not indicate the precise quantity that will be ordered and may increase/decrease depending on budgetary allocations. A District purchase order/s will be issued during the contract period based on District needs. Unit prices shall be held firm through June 30, 2027.

The District shall not be obligated to purchase or reimburse the awarded bidder for any inventory of products, should purchases vary from the anticipated purchase patterns or if agreement expires or is terminated.

4.4. FUEL SURCHARGES

Absolutely no fuel charges will be accepted under this contract and the addition of such charges shall not be permitted during the period of the term of this contract.

4.5. ERRORS AND OMISSIONS

It shall be the responsibility of the bidder to acquaint him/herself with the contract documents before submitting a bid, and the bidder shall assume full liability for any errors or omissions in their bid.

4.6. BID CALCULATION ERRORS

In the event there is a discrepancy between the extended amounts and the unit prices bid, the unit prices shall prevail, and the corrected sum will be considered the bid price.

4.7. DELIVERY

Prompt delivery is of the essence. Shipments shall be accompanied by a packing slip containing the purchase order number, site name, and bid pricing. Materials shall be palletized, load locked, glued, and/or shrink wrapped as necessary to ensure safe delivery. The purchase order number shall appear on all cases and packages.

Damaged cases or packages may be rejected and returned for credit or immediate replacement at no cost to the

District, including freight charges.

Prices quoted shall be F.O.B. Destination to:

Fontana Unified School District Warehouse 8426 Mango Avenue Fontana, CA 92335

All products and services, including uniform measurements, manufacturing, and final delivery, shall be completed within one hundred thirty (130) calendar days after receipt of the District's purchase order or by May 24, 2027, whichever occurs first, unless otherwise approved in writing by the District.

The Contractor shall promptly notify the District in writing of any anticipated delay and provide an explanation and revised delivery schedule.

Failure to meet the required delivery date may be deemed a material breach of contract and may result in the

District exercising any remedies available under the contract or applicable law, including cancellation of all or part of the order, procurement from an alternate source, and assessment of any excess costs incurred by the

District.

4.8. BAND UNIFORM SPECIFICATIONS

General Uniform Requirements

Band uniforms, apparel, and accessories shall be constructed of high-quality materials and workmanship suitable for outdoor performances, parades, competitions, transportation, storage, and repeated student use. Products offered shall be designed and manufactured with durability consistent with an anticipated service life of approximately ten (10) years under normal school district use and maintenance practices.

Design Requirements

Custom design services shall be included when applicable. Each school may have a unique color scheme, style, logos, embellishments, and design elements.

Design renderings shall be submitted for District review and approval prior to production. The District reserves final approval of all designs, colors, trim, artwork, accessories, and related design features.

The District reserves the right to determine whether products offered are equal to and fully compliant with the requirements of this solicitation.

Fabric Requirements

Uniform fabrics shall be commercial-grade and suitable for marching band use. Fabrics shall be colorfast, resistant to fading, wrinkle resistant, and capable of maintaining their appearance through repeated wearing, cleaning, transportation, and storage.

Uniforms shall be machine washable or otherwise suitable for routine cleaning in accordance with the manufacturer's recommended procedures.

Fabrics shall provide reasonable breathability and wearer comfort and shall resist excessive shrinkage and stretching throughout their anticipated service life.

The District may request fabric samples and technical specifications prior to award.

Construction Requirements

Uniforms and related apparel shall utilize quality construction methods appropriate for repeated student use.

Products shall incorporate reinforced stitching at major stress points and commercial-quality zippers, fasteners, snaps, buttons, and closures where applicable.

Products shall maintain structural integrity through repeated use and cleaning and shall be free from manufacturing defects. Embroidery, appliques, trim, and embellishments shall be professionally applied and securely attached.

Student Measuring and Fitting

The awarded vendor shall conduct on-site measuring and fitting services for all students requiring uniforms.

Personnel performing measurements shall be experienced in marching band uniform sizing and fitting.

The vendor shall be responsible for obtaining accurate measurements and providing properly fitted garments prior to final acceptance. Reasonable alterations necessary to achieve proper fit shall be included.

Sizing quantities reflected on the Bid Form are estimates provided for bidding purposes only and shall not be interpreted as final sizing requirements.

Uniform Components

The District intends to purchase marching band uniforms, apparel, and accessories as identified on the Bid Form.

Quantities listed on the Bid Form are estimates and are provided solely for proposal evaluation purposes.

Items may include uniform coats and jackets, bib pants, capes, headwear (shakos), plumes, gloves, gauntlets, garment bags, drum major apparel, color guard apparel, majorette apparel, custom logos, lettering, imprints, and related accessories identified on the Bid Form.

Bidders may submit pricing on any or all items listed on the Bid Form, including "No Bid" where permitted. The

District reserves the right to award by individual item, by group of items, by school site, or in any manner determined to be in the best interest of the District.

Production and Delivery Requirements

Time is of the essence for this procurement due to funding limitations and required implementation schedules.

The awarded vendor shall provide all measuring, design, manufacturing, and delivery services necessary to complete the order.

All uniforms, apparel, and accessories shall be delivered within one hundred thirty (130) calendar days following issuance of the Purchase Order unless otherwise approved in writing by the District.

Bidders shall identify anticipated delivery lead times in their bid submission. Failure to meet the required delivery schedule may be considered when evaluating bidder responsibility and future performance.

Replacement Support

To support the anticipated useful life of the uniforms, the vendor shall make reasonable efforts to maintain sizing, color, trim, and design continuity for future replacement purchases.

Replacement garments, accessories, and components should remain available for a minimum of ten (10) years following final acceptance, subject to continued availability of materials and manufacturing capabilities.

Warranty

The vendor shall provide a written warranty covering defects in materials and workmanship, including manufacturing defects, stitching failures, zipper failures, defective embroidery, and defective embellishments.

The warranty period shall be not less than five (5) years from final acceptance.

Vendors offering longer warranty periods may identify such coverage in their bid submission.

Bid Submittal Requirements

Bidders shall indicate warranty coverage and estimated delivery timeframes in the spaces provided on the Bid

Form.

If varying warranty terms apply to different products, the bidder shall clearly identify the applicable coverage for each item offered.

Quality Assurance Samples

Prior to production, the awarded vendor shall provide design renderings, fabric samples, color samples, and trim samples for District review.

The District may request a production sample prior to authorizing full production.

Production shall not begin until written approval has been issued by the District.

4.9. ADDITIONAL ITEMS

The District reserves the right to add items to the contract during the contract period. Prices for additional items will be negotiated.

4.10. AWARD OF CONTRACT

The District reserves the right to award this contract to multiple proposers, individual line item, group of items or all items, and to make an award either in whole or in part, whichever is deemed in the best interest of the District.

A successful bid must deliver the items within the required delivery schedule in order to be declared responsive to this bid. The District further reserves the right to reject any or all bids, to waive any irregularities or informalities in any bid or in the bidding and to increase or decrease quantities as necessary without prior notification. The District makes no representation that participation in the bid process will lead to an award of contract, or any consideration whatsoever. The District shall, in no event, be responsible for the cost of preparing any bid in response to this solicitation. The awarding of the goods and/or services contract, if at all, is at the sole discretion of the District.

4.11. CONTRACT DOCUMENTS

The complete contract will include the Notice Inviting Bids, General Bid Instructions and Conditions, Special

Conditions, the bid of the bidder/vendor, Vendor Questionnaire, References, & Forms, any bid attachments, its acceptance by the District, and the Purchase Order(s) issued by the District, any of which shall be interpreted to include all provisions of the other documents as though fully set forth therein.

4.12. TERM OF CONTRACT

The initial contract period will be effective through June 30, 2027, in accordance with Education Code Section

17596.

Renewal is contingent upon mutual agreement (expressed in writing), competitive pricing and all terms and conditions of the original contract being met to the satisfaction of the District. The District reserves the right to terminate the contract at the end of each annual period.

4.13. EXECUTION OF CONTRACT

Failure or refusal of the awarded bidder to execute a contract upon award by the District may result in a claim for damages by the District and shall be grounds for immediate removal from the District’s bidders list and bidding on future bid solicitations.

4.14. PAYMENT TERMS/INVOICES

Invoices/packing slips must accompany each delivery and include the following information: site name, purchase order (PO) number, product name, quantity ordered, quantity delivered, unit size, unit price and total amount. The

PO number must appear on all packing slips, invoices, statements, and related correspondence.

Payment will be made within thirty (30) business days after actual delivery of goods to the designated destination.

In the event of a return or shortage, a legible delivery discrepancy receipt must be left at the site. Credits shall be issued promptly.

4.15. PRICE ADJUSTMENTS

Decreases If during the contract period there should be a decrease in prices of the items bid, a corresponding decrease in prices on the balance of the deliveries shall be made to the District for as long as the lower prices are in effect, but at no time shall the prices charged the District exceed the prices bid. The District shall be given the benefit of any lower prices which may, for comparable quality and delivery be given by the contractor to any other school District or any other state, county, municipal or local governmental agency in San Bernardino

County for products listed herein.

Escalations In the event that the bidder's supplier or manufacturer increases the price of the item(s) to be supplied hereunder during the term of the contract, only such increases may be passed on to District. Price increases shall not automatically be passed on to the District. Any price increase must be approved by the District before such increase comes into effect. The successful Vendor will notify Norma Reyes at reyene@fusd.net (30) days prior to any increase in pricing, and provide full documentation from the manufacturer or other parties providing justification for increase. The District will review all information and make a determination whether the increase is valid and if acceptance of the increase is warranted.

Any price increase must be substantiated to the satisfaction of the District and shall only be effective upon acceptance by District in writing.

4.16. PRODUCT QUALITY CONTROL

All materials furnished must be in conformity with the specifications and will be subject to inspection and acceptance or rejection by District personnel. The right is reserved to reject and return, at the risk and expense of the successful bidders, such portion of any shipment which may be defective or fails to comply with specifications.

The District reserves the right to discontinue service of all or any portion of any contract resulting from this bid for any reason determined by the District to be detrimental to the health and welfare of the students and school personnel, or failure to meet contract specifications and to hold the contractor in default.

4.17. PIGGYBACK/OTHER DISTRICTS

Pursuant to Public Contract Code Sections 20118 and 20652, other school districts and public agencies in the State of California may, at the option of the vendor, purchase identical items at the same price, terms, and conditions of this bid for the term specified by Fontana Unified School District. Fontana Unified School District waives its right to require other districts to draw their warrants in favor of the District and authorizes each district to make payments directly to the successful bidder. Please indicate whether you accept the piggyback option in the space provided on the Bid Form.

Acceptance or rejection of this clause will not affect the award outcome of this bid.

4.18. COMPLIANCE WITH APPLICABLE LAWS

All property or services furnished must comply with all Federal, State and Local laws, rules, regulations, and ordinances.

4.19. DRUG-FREE WORKPLACE CERTIFICATION

Pursuant to Government Code section 8350 et seq., the successful bidder will be required to execute a DrugFree

Workplace Certification upon execution of the contract. The bidder will be required to take positive measures outlined in the certification in order to ensure the presence of a drug-free workplace. Failure to abide with the conditions set forth in the Drug-free Workplace Act could result in penalties including the termination of the contract or suspension of payment thereunder.

4.20. ALCOHOLIC BEVERAGE AND TOBACCO-FREE CERTIFICATION

The successful bidder shall agree to enforce an alcoholic beverage and tobacco-free work site and will be required to execute an Alcoholic Beverage and Tobacco-free Certification upon execution of the contract.

4.21. CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION

The successful bidder shall maintain a policy of workers’ compensation insurance as required by Labor Code

Section 3200 et. seq. A certificate evidencing this coverage shall be filed with the District prior to the commencement of work under this agreement and will become part of the contract. Notification by the carrier to the District at least 30 days prior to cancellation, failure to renew, or other termination, is required.

4.22. HOLD HARMLESS

The successful bidder shall save, defend, hold harmless and indemnify the District against any and all liability, claim, and costs of whatsoever kind and nature for injury to or death of any person and for loss or damage to any property occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operation, or performance under the terms of this contract, resulting in whole or in part from the negligent acts or omissions of contractor, and subcontractor, or any employee, agent, or representative or vendor and/or subcontractor.

4.23. COVID-19 CONTRACTOR RESPONSIBILITIES

Contractor and subcontractors shall follow the Center for Disease Control, OSHA and other applicable federal, state, and local health authority guidelines and requirements regarding COVID-19. While the confidentiality of all medical conditions must be maintained in accordance with applicable law, the District reserves the right to inform any District staff, employees, students, and/or visitors that an unnamed worker has been diagnosed with COVID-

19 if any of the District’s staff, employees, students, or visitors might have been exposed to the disease so such individual(s) may take measures to protect their own health. On August 11, 2021, the California Department of

Public Health ("CDPH") issued State Public Health Officer Order of August 11, 2021 ("Order"), which requires all public and private schools serving TK through 12th grade students to verify the vaccination status of all "workers" and to require all unvaccinated or incompletely vaccinated workers to undergo weekly diagnostic screening testing.

Reference Contractor/Vendor Vaccine Verification/Testing Policy included in the Bid documents. Successful bidder will be required to submit a Contractor/Vendor COVID-19 Attestation Of Compliance upon execution of the contract.

4.24. CANCELLATION FOR INSUFFICIENT OR NON-APPROPRIATED FUNDS

The bidder hereby agrees and acknowledges that monies utilized by the District to fulfill bid requirements is public money appropriated by the State of California or acquired by the District from similar public sources and is subject to variation. The District fully reserves the right to cancel this bid at any time and/or limit quantities of items due to non-availability or non-appropriation of sufficient funds. Items listed on the attached Bid Form are subject to change without notice depending on budgetary allocations.

4.25. TERMINATION CLAUSE

At any time and without cause, District shall have the right to terminate the contract by giving thirty (30) calendar days written notice to Successful Vendor. In the event of such termination, Bidder shall only be entitled to payment for those goods and services that have been delivered and accepted by District or services satisfactorily rendered through the date of termination.

4.26. FORCE MAJEURE

The parties to the executed contract will be excused from performance during the time and to the extent that they are prevented from obtaining, delivering or performing by “Act of God”, fire, strike, loss or shortage of transportation, facilities, lockout, or commandeering of materials, products, plants, or facilities by the government, when satisfactory evidence thereof is presented to the other party provided that it is satisfactorily established that the non-performance is not due to the fault or negligence of the party not performing.

5. Bid Form/Pricing Table

Bidder shall provide origin of purchase upon District’s request. Prices must reflect the unit of measure indicated on the Bid Form/Pricing Table.

Prices quoted shall be net, including shipping/delivery costs, warranties, all trade discounts, and must be held firm through the term of the contract. Sales tax shall not be included in bidder's quotation, as required sales tax is paid by the District. All costs for delivery, drayage, insurance, freight, fuel, or the packing of said items are to be borne by the bidder.

KAISER HIGH SCHOOL BID FORM

*Please Note: Gloves & Gauntlets should be priced for each pair, not individual item.

Bid Item Description Unit of

Measure Quantity Size Est.

Delivery Warranty

Term

(Years)

Unit Cost Total No Bid

1 Band Coat Each 30 X Small

2 Band Coat Each 45 Small

3 Band Coat Each 50 Medium

4 Band Coat Each 50 Large

5 Band Coat Each 35 X Large

6 Band Coat Each 25 2X

7 Band Coat Each 20 3X

8 Band Coat Each 1 4X

9 Band Coat Each 1 5X

10 Band Coat Each 1 6X

11 Band Pants Each 30 X Small

12 Band Pants Each 45 Small

13 Band Pants Each 50 Medium

14 Band Pants Each 50 Large

15 Band Pants Each 35 X Large

16 Band Pants Each 25 2X

17 Band Pants Each 20 3X

18 Band Pants Each 1 4X

19 Band Pants Each 1 5X

20 Band Pants Each 1 6X

21 Band Cape Each 1 X Small

22 Band Cape Each 1 Small

Bid Item Description Unit of

Measure Quantity Size Est.

Delivery Warranty

Term

(Years)

Unit Cost Total No Bid

23 Band Cape Each 1 Medium

24 Band Cape Each 1 Large

25 Band Cape Each 1 X Large

26 Band Cape Each 1 2X

27 Band Cape Each 1 3X

28 Band Cape Each 1 4X

29 Band Cape Each 1 5X

30 Band Cape Each 1 6X

31 Headwear

(Shako) with protective storage box

Each 1 X Small

32 Headwear

(Shako) with protective storage box

Each 1 Small

33 Headwear

(Shako) with protective storage box

Each 1 Medium

34 Headwear

(Shako) with protective storage box

Each 1 Large

35 Headwear

(Shako) with protective storage box

Each 1 X Large

36 Headwear

(Shako) with protective storage box

Each 1 2X

Bid Item Description Unit of

Measure Quantity Size Est.

Delivery Warranty

Term

(Years)

Unit Cost Total No Bid

37 Headwear

(Shako) with protective storage box

Each 1 3X

38 Headwear

(Shako) with protective storage box

Each 1 4X

39 Headwear

(Shako) with protective storage box

Each 1 5X

40 Headwear

(Shako) with protective storage box

Each 1 6X

41 Helmet

Plume Each 1 N/A

42 Gloves Each 1 X Small

43 Gloves Each 1 Small

44 Gloves Each 1 Medium

45 Gloves Each 1 Large

46 Gloves Each 1 X Large

47 Gloves Each 1 2X

48 Gloves Each 1 3X

49 Gloves Each 1 4X

50 Gloves Each 1 5X

51 Gloves Each 1 6X

52 Gauntlets Each 1 X Small

53 Gauntlets Each 1 Small

Bid Item Description Unit of

Measure Quantity Size Est.

Delivery Warranty

Term

(Years)

Unit Cost Total No Bid

54 Gauntlets Each 1 Medium

55 Gauntlets Each 1 Large

56 Gauntlets Each 1 X Large

57 Gauntlets Each 1 2X

58 Gauntlets Each 1 3X

59 Gauntlets Each 1 4X

60 Gauntlets Each 1 5X

61 Gauntlets Each 1 6X

62 Drum Major

Gloves Each 1 X Small

63 Drum Major

Gloves Each 1 Small

64 Drum Major

Gloves Each 1 Medium

65 Drum Major

Gloves Each 1 Large

66 Drum Major

Gloves Each 1 X Large

67 Drum Major

Gloves Each 1 2X

68 Drum Major

Gloves Each 1 3X

69 Drum Major

Gloves Each 1 4X

70 Drum Major

Gloves Each 1 5X

71 Drum Major

Gloves Each 1 6X

72 Drum Major

Gauntlets Each 1 X Small

Bid Item Description Unit of

Measure Quantity Size Est.

Delivery Warranty

Term

(Years)

Unit Cost Total No Bid

73 Drum Major

Gauntlets Each 1 Small

74 Drum Major

Gauntlets Each 1 Medium

75 Drum Major

Gauntlets Each 1 Large

76 Drum Major

Gauntlets Each 1 X Large

77 Drum Major

Gauntlets Each 1 2X

78 Drum Major

Gauntlets Each 1 3X

79 Drum Major

Gauntlets Each 1 4X

80 Drum Major

Gauntlets Each 1 5X

81 Drum Major

Gauntlets Each 1 6X

82 Drum Major

Pants Each 1 X Small

83 Drum Major

Pants Each 1 Small

84 Drum Major

Pants Each 1 Medium

85 Drum Major

Pants Each 1 Large

86 Drum Major

Pants Each 1 X Large

87 Drum Major

Pants Each 1 2X

88 Drum Major

Pants Each 1 3X

89 Drum Major

Pants Each 1 4X

90 Drum Major

Pants Each 1 5X

Bid Item Description Unit of

Measure Quantity Size Est.

Delivery Warranty

Term

(Years)

Unit Cost Total No Bid

91 Drum Major

Pants Each 1 6X

92 Drum Major

Cape Each 1 X Small

93 Drum Major

Cape Each 1 Small

94 Drum Major

Cape Each 1 Medium

95 Drum Major

Cape Each 1 Large

96 Drum Major

Cape Each 1 X Large

97 Drum Major

Cape Each 1 2X

98 Drum Major

Cape Each 1 3X

99 Drum Major

Cape Each 1 4X

100 Drum Major

Cape Each 1 5X

101 Drum Major

Cape Each 1 6X

102 Drum Major

Plume Each 1 N/A

103 Custom

Garment

Bags

Each 1 N/A

104 Custom

Imprint on

Uniforms

Each 1 N/A

105 Color Guard

Male Top Each 1 X Small

106 Color Guard

Male Top Each 6 Small

107 Color Guard

Male Top Each 6 Medium

Bid Item Description Unit of

Measure Quantity Size Est.

Delivery Warranty

Term

(Years)

Unit Cost Total No Bid

108 Color Guard

Male Top Each 8 Large

109 Color Guard

Male Top Each 6 X Large

110 Color Guard

Male Top Each 1 2X

111 Color Guard

Male Top Each 1 3X

112 Color Guard

Male Top Each 1 4X

113 Color Guard

Male Top Each 1 5X

114 Color Guard

Male Top Each 1 6X

115 Color Guard

Male Pants Each 1 X Small

116 Color Guard

Male Pants Each 6 Small

117 Color Guard

Male Pants Each 6 Medium

118 Color Guard

Male Pants Each 8 Large

119 Color Guard

Male Pants Each 6 X Large

120 Color Guard

Male Pants Each 1 2X

121 Color Guard

Male Pants Each 1 3X

122 Color Guard

Male Pants Each 1 4X

123 Color Guard

Male Pants Each 1 5X

124 Color Guard

Male Pants Each 1 6X

125 Color Guard

Jumpsuit Each 10 X Small

Bid Item Description Unit of

Measure Quantity Size Est.

Delivery Warranty

Term

(Years)

Unit Cost Total No Bid

126 Color Guard

Jumpsuit Each 10 Small

127 Color Guard

Jumpsuit Each 15 Medium

128 Color Guard

Jumpsuit Each 12 Large

129 Color Guard

Jumpsuit Each 10 X Large

130 Color Guard

Jumpsuit Each 5 2X

131 Color Guard

Jumpsuit Each 1 3X

132 Color Guard

Jumpsuit Each 1 4X

133 Color Guard

Jumpsuit Each 1 5X

134 Color Guard

Jumpsuit Each 1 6X

TOTAL

FONTANA HIGH SCHOOL BID FORM

Bid Item Description Unit of

Measure Quantity Size Est.

Delivery Warranty

Term

(Years)

Unit Cost Total No Bid

F1 Band Coat

(Jacket) Each 6 X Small

F2 Band Coat

(Jacket) Each 24 Small

F3 Band Coat

(Jacket) Each 30 Medium

F4 Band Coat

(Jacket) Each 30 Large

F5 Band Coat

(Jacket) Each 12 X Large

Bid Item Description Unit of

Measure Quantity Size Est.

Delivery Warranty

Term

(Years)

Unit Cost Total No Bid

F6 Band Coat

(Jacket) Each 10 2X

F7 Band Coat

(Jacket) Each 6 3X

F8 Band Coat

(Jacket) Each 2 4X

F9 Band Coat

(Jacket) Each 1 5X

F10 Band Coat

(Jacket) Each 1 6X

F11 Band Pants

(Bibbers) Each 6 X Small

F12 Band Pants Each 24 Small

F13 Band Pants Each 30 Medium

F14 Band Pants Each 30 Large

F15 Band Pants Each 12 X Large

F16 Band Pants Each 10 2X

F17 Band Pants Each 6 3X

F18 Band Pants Each 2 4X

F19 Band Pants Each 1 5X

F20 Band Pants Each 1 6X

F21 Band Cape

(Hip Cape) Each 6 X Small

F22 Band Cape Each 24 Small

F23 Band Cape Each 30 Medium

F24 Band Cape Each 30 Large

F25 Band Cape Each 12 X Large

F26 Band Cape Each 10 2X

Bid Item Description Unit of

Measure Quantity Size Est.

Delivery Warranty

Term

(Years)

Unit Cost Total No Bid

F27 Band Cape Each 6 3X

F28 Band Cape Each 2 4X

F29 Band Cape Each 1 5X

F30 Band Cape Each 1 6X

F31 Headwear

(Shako) with protective storage box

Each 6 X Small

F32 Headwear

(Shako) with protective storage box

Each 24 Small

F33 Headwear

(Shako) with protective storage box

Each 30 Medium

F34 Headwear

(Shako) with protective storage box

Each 30 Large

F35 Headwear

(Shako) with protective storage box

Each 12 X Large

F36 Headwear

(Shako) with protective storage box

Each 10 2X

F37 Headwear

(Shako) with protective storage box

Each 6 3X

F38 Headwear

(Shako) with protective

Each 2 4X

Bid Item Description Unit of

Measure Quantity Size Est.

Delivery Warranty

Term

(Years)

Unit Cost Total No Bid

F39 Headwear

(Shako) with protective storage box

Each 1 5X

F40 Headwear

(Shako) with protective storage box

Each 1 6X

F41 Helmet

Plume (14''

Plume)

Each 120 N/A

F42 Gloves Each 6 X Small

F43 Gloves Each 24 Small

F44 Gloves Each 30 Medium

F45 Gloves Each 30 Large

F46 Gloves Each 12 X Large

F47 Gloves Each 10 2X

F48 Gloves Each 6 3X

F49 Gloves Each 2 4X

F50 Gloves Each 1 5X

F51 Gloves Each 1 6X

F52 Gauntlets Each 6 X Small

F53 Gauntlets Each 24 Small

F54 Gauntlets Each 30 Medium

F55 Gauntlets Each 30 Large

F56 Gauntlets Each 12 X Large

F57 Gauntlets Each 10 2X

Bid Item Description Unit of

Measure Quantity Size Est.

Delivery Warranty

Term

(Years)

Unit Cost Total No Bid

F58 Gauntlets Each 6 3X

F59 Gauntlets Each 2 4X

F60 Gauntlets Each 1 5X

F61 Gauntlets Each 1 6X

F62 Drum Major

Gloves Each 2 X Small

F63 Drum Major

Gloves Each 2 Small

F64 Drum Major

Gloves Each 2 Medium

F65 Drum Major

Gloves Each 2 Large

F66 Drum Major

Gloves Each 2 X Large

F67 Drum Major

Gloves Each 2 2X

F68 Drum Major

Gloves Each 2 3X

F69 Drum Major

Gloves Each 2 4X

F70 Drum Major

Gloves Each 1 5X

F71 Drum Major

Gloves Each 1 6X

F72 Drum Major

Gauntlets Each 2 X Small

F73 Drum Major

Gauntlets Each 2 Small

F74 Drum Major

Gauntlets Each 2 Medium

F75 Drum Major

Gauntlets Each 2 Large

F76 Drum Major

Each 2 X Large

Bid Item Description Unit of

Measure Quantity Size Est.

Delivery Warranty

Term

(Years)

Unit Cost Total No Bid

F77 Drum Major

Gauntlets Each 2 2X

F78 Drum Major

Gauntlets Each 2 3X

F79 Drum Major

Gauntlets Each 2 4X

F80 Drum Major

Gauntlets Each 1 5X

F81 Drum Major

Gauntlets Each 1 6X

F82 Drum Major

Pants

(Bibbers)

Each 6 X Small

F83 Drum Major

Pants Each 24 Small

F84 Drum Major

Pants Each 30 Medium

F85 Drum Major

Pants Each 30 Large

F86 Drum Major

Pants Each 12 X Large

F87 Drum Major

Pants Each 10 2X

F88 Drum Major

Pants Each 6 3X

F89 Drum Major

Pants Each 2 4X

F90 Drum Major

Pants Each 1 5X

F91 Drum Major

Pants Each 1 6X

F92 Drum Major

Cape (Hip

Cape)

Each 6 X Small

F93 Drum Major

Cape Each 24 Small

Bid Item Description Unit of

Measure Quantity Size Est.

Delivery Warranty

Term

(Years)

Unit Cost Total No Bid

F94 Drum Major

Cape Each 30 Medium

F95 Drum Major

Cape Each 30 Large

F96 Drum Major

Cape Each 12 X Large

F97 Drum Major

Cape Each 10 2X

F98 Drum Major

Cape Each 6 3X

F99 Drum Major

Cape Each 2 4X

F100 Drum Major

Cape Each 1 5X

F101 Drum Major

Cape Each 1 6X

F102 Drum Major

Plume

Headwear

Each 120 N/A

F103 Custom

Garment

Bags

Each 120 N/A

F104 Custom

Imprint on

Uniforms

Each 120 N/A

F105 Color Guard

Male Top Each 1 X Small

F106 Color Guard

Male Top Each 2 Small

F107 Color Guard

Male Top Each 2 Medium

F108 Color Guard

Male Top Each 2 Large

F109 Color Guard

Male Top Each 2 X Large

F110 Color Guard

Bid Item Description Unit of

Measure Quantity Size Est.

Delivery Warranty

Term

(Years)

Unit Cost Total No Bid

F111 Color Guard

Male Top Each 1 3X

F112 Color Guard

Male Top Each 1 4X

F113 Color Guard

Male Top Each 1 5X

F114 Color Guard

Male Top Each 1 6X

F115 Color Guard

Male Pants Each 2 X…