Fontana Unified School District

9680 Citrus Avenue

Fontana, CA 92335

BID NO. 26/27-0006

FOR

PURCHASE OF MUSICAL INSTRUMENTS AND

ACCESSORIES

Bid No. 26/27-0006 PURCHASE OF MUSICAL INSTRUMENTS AND ACCESSORIES

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 is among the largest K-12 public school districts in California, serving approximately 32,000 students across a diverse portfolio of elementary, middle, and high schools. The District is committed to providing high-quality music education programs and resources that support student achievement and participation in the visual and performing arts

Vendors seeking more information about the District are encouraged to visit www.fusd.net.

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

This bid represents an exciting opportunity to partner with a forward-thinking school district committed to fostering creativity, cultural enrichment, and academic excellence through the arts.

FUSD serves a diverse and vibrant student population and recognizes the transformative power of music in education. As we continue to invest in our students’ artistic development, we seek vendors who can provide high-quality, durable, and age-appropriate musical instruments and accessories that meet the needs of our elementary, middle, and high school music programs.

We are looking for partners who share our passion for music education and who can offer competitive pricing, reliable delivery, and exceptional customer service. This bid is not only a procurement process—it is an invitation to contribute to the artistic growth and educational success of thousands of students across our district.

We encourage all interested and qualified vendors to review the specifications outlined in this bid and submit a proposal that reflects your commitment to excellence, innovation, and service.

The District’s assigned representative under this bid shall be Norma Reyes.

Notice Inviting Bids: September 11, 2026

Request for Information / Q & A Deadline: September 23, 2026, 12:00pm

Addendum (if needed): September 28, 2026, 4:00pm

Bids Due: October 5, 2026, 2:00pm

Intent To Award: October 12, 2026

Tentative Award of Contract: November 5, 2026

2. Notice Inviting Bids - Commodity

NOTICE IS HEREBY GIVEN that the Fontana Unified School District (“District”), hereinafter referred to as the

District, will receive bids up to, but no later than 2:00 pm on Monday, October 5, 2026 through the

Procurement Portal at www.fusd.net/bids, for the award of a contract for:

Bid No. 26/27-0006 PURCHASE OF MUSICAL INSTRUMENTS AND ACCESSORIES https://www.fusd.net/ https://www.fusd.net/bids

All bids shall be made and presented through the Procurement Portal. The Bid documents are available through the Procurement Portal beginning Friday, September 11, 2026. Proposals must be accompanied by forms referred to in the contract documents to avoid disqualification. NO FAXED OR MAILED PROPOSALS WILL BE

ACCEPTED.

Request for Information (RFI)/ Question & Answer deadline is: 12:00 pm on Wednesday, September 23, 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 and addenda will be posted on OpenGov www.fusd.net/bids. Bidders shall be responsible for monitoring obtain information regarding any revisions for this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive bid. No bidder may withdraw any bid for a period of ninety (90) calendar days after the date set for the opening of bids.

The Board of Education reserves the right to reject any or all proposals and waive any irregularities or informalities in any bid or in the bidding; and to accept or reject any items thereon.

Fontana Unified School District Board of Education

Publication Dates: September 11, 2026, and September 18, 2026

3. General Bid Instructions & Conditions (Commodity)

3.1. SUBMITTING BIDS

Each bid must be summitted 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 sixty (60) 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://www.fusd.net/bids https://procurement.opengov.com/portal/fusd 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.

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 https://procurement.opengov.com/portal/fusd mailto:shamica.nance@fusd.net 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.

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 $3,000,00, 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.

4. Special Conditions

4.1. SUBSTITUTIONS FOR BID SPECIFIED ITEMS

Whenever in these specifications any equipment or material is indicated or specified by patent or proprietary name or by the name of a manufacturer, such specifications shall be deemed to be used for the purpose of facilitating description of the equipment or materials desired and shall be deemed to be followed by the words "or equal.” Bidders may propose equipment or materials equal to those specified herein, but must furnish complete specifications of each item, along with a point-by-point comparative data, and, if requested to do so, provide a sample of the item proposed within five days of request at no cost or obligation to the District for the purposes of testing and evaluation. The District will notify bidder whether the requested substitution has been approved as an

"or equal" to the specified equipment or material. If not consumed or destroyed in such testing, the sample will be returned to the vendor. Substitution of equipment/supplies after the award will not be permitted. The district shall have full power and authority to reject any and all items furnished which, in their opinion, are not in strict compliance and conformity with the requirements of the specifications or equal in every respect to the sample submitted. All articles so rejected shall be promptly removed from the premises of the District at the expense of the bidder. Non-compliance with this condition will cause the item to not be considered for award. Bidder shall bear all costs of sample submittals.

4.2. BRAND NAMES AND MODEL NUMBERS

Bidder may find discrepancies in the model numbers given, in that the model number may be an old one and the item is now referred to by a new number. Consideration will be given in that situation. Please note that you are bidding on the same item as specified by designating “New Number” in the “Brand/Model” area, should that be the case.

4.3. DISCONTINUED AWARDED LINE ITEM(S)

Awarded Bidder/s is/are required to immediately notify the bidding administrator of manufacturers discontinued awarded line item(s). Official notification must be in written format via USPS, fax, or email referencing the bid number and line-item number with written proof from the manufacturer of the discontinuance.

4.4. REPLACEMENT OF DISCONTINUED AWARDED LINE ITEM(S)

A replacement will be considered if, and only if, the proposed replacement is the newest line model and is equal to or exceeds the discontinued line item(s) specifications and is offered for an equal or lesser price.

Awarded Bidder/s shall provide substantiating information when requesting consideration of a substitution as an equal. Office notification must be in written format via USPS, fax, e-mail referencing the bid number and the line-item number.

4.5. WARRANTY

Bidder shall state the “period of time” and nature of any warranty or guarantee in the space provided on the Bid

Form. This section could be considered when awarding an item or group of items.

4.6. NON-SPECIFIED/EQUIVALENT RESPONSES

Bidder providing responses as “EQUIVALENT” to the provided specifications MUST provide a side-by-side comparison of the proposed solution to the specified requested solution in a chart format with their bid, along with complete technical specifications and illustrative materials. The comparison MUST provide detailed data/technical specifications, which will allow Fontana Unified School District to evaluate the performance characteristics of the proposed solution to those being requested. Failure to provide complete and accurate comparison data in the bid response in a side-by-side chart format may result in the disqualification of the bid from the evaluation process. If an item is to be considered equal to the approved item, the bidder shall also submit samples upon District’s request within five (5) days of request. Samples may be required from the apparent low bidder (s) for alternate or equal products. Refer to the General Bid Instructions and Conditions document included in the bid documents for information on substitutions, samples and testing. Bidder shall bear all costs of sample submittals. The district shall have full power and authority to reject any and all items furnished which, in their opinion, are not in strict compliance and conformity with the requirements of the specifications or equal in every respect to the sample submitted. All articles so rejected shall be promptly removed from the premises of the

District at the expense of the bidder. Non-compliance with this condition will cause the item to not be considered for award.

4.7. PRICING / BID FORM

Bidder MUST indicate brand and model number for each item, even if bidding “as specified”. Items bid without brand and model number specified will not be considered. Items listed must be new, no gray market or refurbished product will be accepted. Bidder shall provide origin of purchase upon District’s request. Prices must reflect the unit of measure indicated on the Bid Form. Prices quoted shall be net, including shipping/delivery costs, warranties, all trade discounts and MUST be held firm for (1) year from date of award. All costs for delivery, drayage, insurance, freight, fuel, or the packing of said items are to be borne by the bidder.

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

Prices quoted shall be net, including shipping/delivery costs, warranties, all trade discounts, and must be held firm for one (1) year from date of award. 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.

4.8. 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 quantities specified herein are good faith projections of requirements and are given for the purpose of bid evaluation. 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 for one (1) year from date of award.

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.

4.9. CASES

All cases MUST BE HARD CASES, where indicated on the Bid Form Description.

If an alternate or equivalent item is offered, it must include a hard-shell case whenever the original specified item requires a case. Any case requirement applicable to the specified item shall also apply to any alternate or equivalent item.

4.10. FUEL SURCHARGES

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

4.11. 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.

4.12. 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.

4.13. DELIVERY

Prompt delivery is of the essence. Shipments are to be accompanied by a packing slip containing bid pricing, purchase order number, and site name; if needed palletized, load locked, glued, and/or shrink wrapped. 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 for product or freight. Prices quoted shall be F.O.B. destination to Fontana Unified School District Warehouse, 8426 Mango Avenue, Fontana, CA 92335.

Delivery of all products shall be made within sixty (60) calendar days after receipt of a District purchase order unless otherwise approved in writing by the District.

The Contractor shall promptly notify the District in writing of any anticipated delay and provide a revised estimated delivery date. Failure to deliver within sixty (60) calendar days, unless an extension has been approved by the District, may be considered a material breach of contract.

In the event of such failure, the District reserves the right to cancel all or part of the order and procure the required products from the next lowest responsive and responsible bidder or from another legally authorized source. Any additional costs incurred by the District as a result of the Contractor's failure to perform may be charged to the

Contractor to the extent permitted by law.

4.14. MATERIAL SAFETY DATA SHEETS

For all products requiring a Material Safety Data Sheet – The District requires that a Material Safety Data Sheet accompany all orders at the time of delivery.

4.15. ADDITIONAL ITEMS

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

4.16. 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.

4.17. CONTRACT DOCUMENTS

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

Conditions, the bid of the bidder/vendor, 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.

4.18. TERM OF CONTRACT

The initial contract period will be effective Initial contract term of for one (1) year from date of award, with the option to renew the contract upon mutual consent of District and successful bidder(s) for up to two (2) years in one (1) year increments in accordance with Education Code section 17596. , 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

4.19. 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.

4.20. INITIAL ORDER

The initial order(s) MUST be delivered prior to June 30, 2027. If this delivery date is not possible, please indicate on Bid Form. All other orders will be placed on an “as-needed” basis.

4.21. 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.

4.22. 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 come 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.

4.23. 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.

4.24. 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 outcome of this bid.

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

4.25. COMPLIANCE WITH APPLICABLE LAWS

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

4.26. DISCONTINUANCE OF SERVICE

Fontana Unified School District shall hold the successful bidder liable and responsible for all damages, which may be sustained because failure to comply with any condition herein. If the successful bidder fails to furnish or deliver any materials, supplies, equipment, or other services at the price quoted, or at a time and place stated, or otherwise fails to comply with the terms of this bid in its entirety, including but not limited to failure to deliver within the required time, failure to honor bid pricing, failure to provide compliant products, or other material breach, the District may, after providing written notice of default, obtain the required goods or services from another source; the order will be canceled without further notice to the successful bidder. The District reserves the right to procure such goods or services from the next lowest responsive and responsible bidder, if available, or from another legally authorized source. Any excess costs incurred by the District as a result of the Contractor's default may be charged to the Contractor to the extent permitted by law. Additional cost accrued by the District through this purchase will be deducted from any unpaid invoices. The District may discontinue service upon 24-hour notice for reason of unsatisfactory product or service. FAILURE TO FURNISH ALL ITEMS INCLUDED IN THE CONTRACT SHALL CONSTITUTE

UNSATISFACTORY SERVICE. 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 bidder, 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.

4.27. 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.

4.28. 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.

4.29. 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.

4.30. 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.

4.31. COVID-19 CONTRACTOR RESPONSIBILITIES

Contractor and subcontractors shall follow the Center for Disease Control, OHSA 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.

4.32. 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.

4.33. 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.

4.34. 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.

4.35. 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, the Buyer or Sr. Director of Purchasing, regarding this bid could result in the rejection of their bid.

4.36. COMPLIANCE WITH APPLICABLE LAWS

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

4.37. EXECUTION OF THE CONTRACT

District will issue a contract that will have rates firm for the Initial Term of the Contract. Pricing changes may be considered by District for additional contract terms; however, District may cancel the contract if a requested price change is not acceptable. All Contract renewals must be done in writing and amendment to contract will be issued.

4.38. FAILURE TO EXECUTE THE BID

Failure to execute the contract and provide all required documents within the time frame identified above shall be sufficient cause for voiding the award. Failure to comply with other requirements within the set time shall constitute failure to execute the contract. If the successful Bidder refuses or fails to execute the contract, District may award the contract to the next best qualified Bidder and the Bidder's bid security (if applicable) shall be forfeited.

4.39. PERFORMANCE FAILURE

If the Bidder fails or neglects to furnish any of the services listed herein at the prices quoted and at the time and places stated or persistently fails to furnish safe and satisfactory equipment or otherwise does not comply with the terms of the contract District may, upon written notice to the Bidder, cancel the entire contract or cancel or rescind any or all items affected by such default; and may, regardless of the type of cancellation, procure services elsewhere without notice to the Bidder. The prices paid by District at the time such services are procured shall be considered the prevailing market prices.

If the awarded Contractor fails to perform in accordance with the terms of the contract, including but not limited to failure to deliver within the required time, failure to honor bid pricing, failure to provide compliant products, or other material breach, the District may, after providing written notice of default, obtain the required goods or services from another source. The District reserves the right to procure such goods or services from the next lowest responsive and responsible bidder, if available, or from another legally authorized source. Any excess costs incurred by the District as a result of the Contractor's default may be charged to the Contractor to the extent permitted by law.

4.40. NO ORAL MODIFICATION

Any waiver, amendment, modification, consent or acquiescence with respect to this Agreement or any provision of this Agreement or with respect to any failure to perform in accordance therewith shall be set forth in writing and duly executed by or on behalf of the party to be bound thereby.

5. Bid Form/Pricing Table

BID FORM

Please complete ALL SECTIONS for each line item. **Brand & Model No. MUST BE LISTED for each item, even if bidding "as specified".

Bid

Item Description MFG/Item No. Quantity UOM **Equal/Alternate

MFG

Name/Brand &

Item No.

Est.

Delivery

Time

Warranty Unit

Cost Total No

Bid

1 Marching baritone OR

EQUAL

Yamaha YBH-

301M 1 Each

2 3/4 student bass outfit OR

EQUAL

EastmanVB95-

GR34SBC

1 Each

3 Bassoon: with high D key;

Wood finish; to include hard case

OR EQUAL

Fox 222 (w/highD) 2 Each

4 Bell Tree:

Mountable bell tree w/ steel frame 27 notes

OR EQUAL

SW-450 Steve

Weiss 1 Each

Bid

Item Description MFG/Item No. Quantity UOM **Equal/Alternate

MFG

Name/Brand &

Item No.

Est.

Delivery

Time

Warranty Unit

Cost Total No

Bid

5 2.5 Octave bells

OR EQUAL

Musser M645 1 Each

6 Bow: Cello;

Fiberglass; Half-

Lined Frog

Leatherette Grip;

3/4 Size OR

EQUAL

Eastman BC10-3/4 2 Each

7 Bow: Cello;

Select

Brazilwood; 4/4

Size OR EQUAL

ECONVLCBOW44

Bellafina 4 Each

8 Bow: Violin:

Select

Brazilwood; 4/4

Size

Bellafina

ECONVNBOW44

8 Each

9 Cabasa: Mini

Cabasa

BASIC BEAT

BB07M

1 Each

10 Cart:

Glockenspiel/Bell

OR EQUAL

SG1 Pyle(PYL-

SG1)

2 Each

11 Cello Outfit: 4/4;

Top-Spruce;

Back and Sides-

Maple; to include case OR EQUAL

Eastman

VC20044SBC

1 Each

12 Bb Clarinet: with

Nickel Keys; to include case OR

EQUAL

BCLBALPHA-NK 2 Each

13 Clarinet: Bass;

Standard finish to include case OR

EQUAL

Yamaha YCL-221 1 Each

14 Yamaha Clarinet

- Clarinet:

Standard Bb;

Standard finish

OR EQUAL

Yamaha YCL-255 5 Each

Bid

Item Description MFG/Item No. Quantity UOM **Equal/Alternate

MFG

Name/Brand &

Item No.

Est.

Delivery

Time

Warranty Unit

Cost Total No

Bid

15 18" Viennese crash pair -

Cymbals:

Concert Crash

Cymbals; 18";

Symphonic

Viennese Cymbal

PR OR EQUAL

Zildjian Ao447 1 Pair

16 16" crash cymbals pair -

Cymbals: Crash;

16" PR OR

EQUAL

Zildjian AO444 1 Pair

17 16" Marching crash cymbals

OR EQUAL

ZildjianAO468 1 Pair

18 22" marching bass drum in black with carrier

OR EQUAL

Yamaha

YAMMB8322-B

1 Each

19 Pearl Concert

Bass Drum OR

EQUAL

1616657 36X16 1 Each

20 Marchign

Euphonium

(Silver) OR

EQUAL

Yamaha YEP-

202MS

6 Each

21 Flute

Intermediate;

Offset G;B-foot;

silver finish;

include case OR

EQUAL

YFL -362H

Yamaha 2 Each

22 Flute: Silver OR

EQUAL

Yamaha YFL-222 4 Each

23 French Horn, Double, Conn 7D

OR EQUAL

C.G. Conn 7D 1 Each

24 French Horn:

Double OR

EQUAL

Holton H378 1 Each

25 General Bass drum mallet OR

EQUAL

Vic Firth VIC-BD1 5 Each

Bid

Item Description MFG/Item No. Quantity UOM **Equal/Alternate

MFG

Name/Brand &

Item No.

Est.

Delivery

Time

Warranty Unit

Cost Total No

Bid

26 Yamaha

Mellophone OR

EQUAL

Yamaha YMP-

204MS

1 Each

27 Yamaha Clarinet

Mouthpiece OR

EQUAL

Yamaha YAC

CL4C

4 Each

28 Mouthpiece:

Saxophone; 4C

Alto; Standard

OR EQUAL

YAC AS4C

Yamaha 2 Each

29 4C tenor sax mouthpiece OR

EQUAL

Yamaha YACTS4C 2 Each

30 Ratchet: Crank

Ratchet with 3/8"

Clamp OR

EQUAL

Latin

PercussionLP558 1 Each

31 Alto Saxophone;

Box of 25;

Strength 2 OR

EQUAL

RJA0120-B50 1 Box

32 Rico Clarinet reeds box of 25, size 2 OR

EQUAL

Rico RCA2520 4 Box

33 Saxophone: Alto;

Standard OR

EQUAL

EAS251 3 Each

34 Intermediate alto sax with case OR

EQUAL

Yamaha YAS480 3 Each

35 Tenor

Saxophone, laquer finish to include hard case

OR EQUAL

Yamaha YTS-480 2 Each

36 Tenor Saxophone

OR EQUAL

Eastman ETS281 2 Each

37 Sousaphone Bb with case OR

Jupiter JSP1100 2 Each

Bid

Item Description MFG/Item No. Quantity UOM **Equal/Alternate

MFG

Name/Brand &

Item No.

Est.

Delivery

Time

Warranty Unit

Cost Total No

Bid

38 String; Cello Set

3/4 size OR

EQUAL

J1010 3/4M

D'Addario Prelude 4 Each

39 D'Addario

Prelude Violin

String Set 4/4 OR

EQUAL

D'ADARIO J810 6 Each

40 Swab; Clarinet standard OR

EQUAL

2944 Selmer Dri B 12 Each

41 Timpani set of 4

OR EQUAL

4AM TP6304R

Yamaha 1 Set

42 Yamaha Bass

Trombone OR

EQUAL

Yamaha YBL-

620G 1 Each

43 Trombone;

Lacquer Gold

Brass Bell;

include hard case

F attachment OR

EQUAL

ETB428G Eastman 3 Each

44 Eastman

Trombone:

Student OR

EQUAL

ETB221 Eastman 2 Each

45 Trumpet: Bb;

Silver; to include a hard case OR

EQUAL

TR200S Bach 2 Each

46 Valve Oil;Light synthetic;60ml;

OR EQUAL

YAC LVOX

Yamaha 30 Each

47 Viola Outfit: 12";

Wood to include hard case OR

EQUAL

SVA-175 12

Cremona 1 Each

48 Violin outfit: 4/4 fit; Top spruce/Back and ribs maple/spruce fittings ebony high gloss varnish to include hard case OR

EQUAL

Eastman

VL8044SBC

4 Each

Bid

Item Description MFG/Item No. Quantity UOM **Equal/Alternate

MFG

Name/Brand &

Item No.

Est.

Delivery

Time

Warranty Unit

Cost Total No

Bid

49 Violin Outfit:

Student Series;

4/4 Size;

Standard to include hard case

OR EQUAL

ML-80-44 Strobel 4 Each

50 2.0 Tenor

Saxophone

Reeds; Box of 10

OR EQUAL

RKA1020 Rico 3 Box

51 2.5 Bass Clarinet

Reeds; Box of 10

OR EQUAL

REA1025 RICO 5 Box

52 Tenor Saxophone

Reeds; Box of 10

OR EQUAL

RKA1025 2 Box

53 3/4 Cello Bow;

BC10 K. Holtz

Fiberglass OR

EQUAL

BC1034 Eastman 30 Each

54 3/4 Violin Bow;

BL10 K. Holtz

Fiberglass K.

Holtz-Eastman

OR EQUAL

BL1034 300 Each

55 4/4 Cello Bow

OR EQUAL

BC10-4/4 Holtz 2 Each

56 4/4 Cello Bow

Eastman OR

EQUAL

BC1044 Eastman 4 Each

57 4/4 Cello Bow, Eastman or

EQUAL

BC1044 2 Each

58 4/4 Violin Bow

Mfg Holtz OR

EQUAL

BL10-4/4 6 Each

59 4/4 Violin Outfit

OR EQUAL

VL305 Eastman 1 Each

60 Alto saxophone

Silk Swab; OR

234AS Hodge 12 Each

Bid

Item Description MFG/Item No. Quantity UOM **Equal/Alternate

MFG

Name/Brand &

Item No.

Est.

Delivery

Time

Warranty Unit

Cost Total No

Bid

61 4C Bass Clarinet

Mouthpiece

Mfg# YAC-

BCL4C Yamaha

OR EQUAL

YAC-BCL4C

Yamaha 4 Each

62 Chromatic Tuner

OR EQUAL

Korg CA-50

Chromatic Tuner 5 Each

63 Clarinet

Mouthpiece

Debut OR

EQUAL

Clark Fobes Debut

0034786 Model

DEB CL

3 Each

64 Sax Neck Strap

Protec OR

EQUAL

A305P 4 Each

65 Swivel Neck

Strap Neotech

OR EQUAL

1901162-367524 3 Each

66 Timpani Mallets

Innovative

Percussion GT-2

OR EQUAL

Innovative

Percussion GT-2 2 Pair

67 Trumpet Bach

OR EQUAL

TR411S 2 Each

68 Flugel Horn OR

EQUAL

Yamaha YFH-

631GS

2 Each

69 Tenor Saxophone

Mouthpiece 4C

OR EQUAL

YTSMpc4C 2 Each

70 Yamaha S.

Trumpet OR

EQUAL

Yamaha YTR-

4335GSII

2 Each

71 Bass Trombone w/ double rotor laquer finish OR

EQUAL

Conn 112H 1 Each

72 Touring Cortale

Case OR EQUAL ZXCC0012 2 Each

73 Bari Sax

Mouthpiece OR

Bari ESKBS2P 2 Each

Bid

Item Description MFG/Item No. Quantity UOM **Equal/Alternate

MFG

Name/Brand &

Item No.

Est.

Delivery

Time

Warranty Unit

Cost Total No

Bid

74 Viola Bow

Brazilwood - Full

Size OR EQUAL

HcBrzOVla44 3 Each

75 Carbon German

Bass Bow 3/4

Mfg #50DB34G

OR EQUAL

50DB34G 2 Each

76 Rosin - Dark

Hard, Amber-colored Rosin for

Violin, Viola, and

Cello w/ Wood

Holder and Cover

- Dark OR

EQUAL

1000WCD 10 Each

77 Intermediate Bb

Trumpet Silver

OR EQUAL

Yamaha YTR-

4335GSII

2 Each

78 1 Analog Mixer

OR EQUAL

Yamaha MG12 1 Each

79 K12.2 Powered

Speaker Pair w/Stand and

Cables OR

EQUAL

K12.2 Powered

Speaker Pair 1 Each

80 Malletech EM-

SX eMotion

Xylophone

Mallets - Soft OR

EQUAL

EM-SX 3 Pair

81 Malletech EM-

MX eMotion

Xylophone

Mallets - Medium

OR EQUAL

EM-SX 3 Pair

82 Malletech EM-

HX eMotion

Xylophone

Mallets - Hard

OR EQUAL

EM-SX 3 Pair

83 Malletech EM-

HB eMotion Bell

Mallets - Hard

EM-HB 3 Pair

Bid

Item Description MFG/Item No. Quantity UOM **Equal/Alternate

MFG

Name/Brand &

Item No.

Est.

Delivery

Time

Warranty Unit

Cost Total No

Bid

84 Malletech EM-

XHB eMotion

Bell Mallets -

Extra Hard OR

EQUAL

EM-HB 3 Pair

85 Malletech EM-

HM eMotion

Marimba Mallets

- Hard OR

EQUAL

EM-HM 3 Pair

86 Malletech EM-

MM eMotion

Marimba Mallets

- Medium OR

EQUAL

EM-MM 3 Pair

87 Malletech EM-

SM eMotion

Marimba Mallets

- Soft OR

EQUAL

EM-SM 3 Pair

88 Malletech EM-

HV eMotion

Vibraphone

Mallets - Hard

OR EQUAL

EM-HV 3 Pair

89 Malletech EM-

SV eMotion

Vibraphone

Mallets - Soft OR

EQUAL

EM-HV 3 Pair

90 Malletech EM-

MV eMotion

Vibraphone

Mallets - Medium

OR EQUAL

EM-HV 3 Pair

91 Standard Boom

Cymbal

Stand(2pk)

Double-braced boom cymbal stands OR

HC03BWX2 1 Pair

Bid

Item Description MFG/Item No. Quantity UOM **Equal/Alternate

MFG

Name/Brand &

Item No.

Est.

Delivery

Time

Warranty Unit

Cost Total No

Bid

92 Rosin Light -

Hard, Amber-colored Rosin for

Violin, Viola, and

Cello w/ Wood

Holder and Cover

- Light OR

EQUAL

1000WCL 10 Each

93 Rosin - Dark

Hard, Amber-colored Rosin for

Violin, Viola, and

Cello w/ Wood

Holder and Cover

- Dark OR

EQUAL

1000WCD 25 Each

94…