RFP 2526 012 Internet Services.pdf

MESA COUNTY VALLEY SCHOOL DISTRICT 51

330 24th Court Grand Junction, CO 81501

Request for Proposal

INTERNET SERVICE PROVIDER

Request for Proposal No. 2526/012

Submittal Deadline:

November 11, 2026, 2025

Not later than 2:00 P.M. (Mountain)

Table of Contents

Cover Letter 3

1.0 Introduction 4

2.0 Schedule 4

3.0 General Conditions and Instructions 4

4.0 Statement of Work and Specifications 6

5.0 Proposal Contents and Submission Requirements 8

6.0 Evaluation and Selection Criteria 10

7.0 Insurance 11

8.0 RFI 12

Offer Certificate

Reference Forms

Terms and Conditions

Attachments:

A Confidential or Proprietary Information Form B Deviations/Exceptions Form C Addendum Acknowledgement D Non-Collusion Affidavit E Conflict of Interest Form F W9 G Sample Contract

Mesa County Valley School District 51 Purchasing and Warehouse Services

330 24th Court, Grand Junction, CO 81501 Telephone (970) 254-5179

October 10, 2025

To All Respondents:

Mesa County Valley School District 51, herein after referred to as the District, will receive Proposals for INTERNET SERVICE PROVIDER in accordance with the Statement of Work and Specifications, in the office of the Lisa Sharp, Director of Purchasing, on or before 2:00 p.m. on November 11, 2025.

You are required to submit One (1) Electronic version (MS Office version) via Rocky Mountain Bidnet. This RFP is available electronically only. Please note that candidates must register on BidNet in order to submit proposals electronically. Late proposals will not be accepted. For assistance, contact Bidnet’s Vendor Support Department at 800.835.46.03, Option 2. Hard copies are available upon request

It is extremely important that all respondents READ and ADHERE to the general conditions, instructions, requirements, and all RFP documents included herein. Failure to do so may disqualify your submittal.

Questions shall be submitted, in writing via email only, through Rocky Mountain Bidnet for this solicitation no later than 12:00 PM MT October 21th, 2025. Responses to all questions shall be issued in the form of an addendum no later than close of business October 16 2025.

Facsimile Proposals WILL NOT be accepted.

Important: All communications must be submitted via Rocky Mountain Bidnet. Any communication with other District personnel, may disqualify you from this proposal opportunity.

https://www.bidnetdirect.com/colorado/solicitations/open-bids?keywords=mesa+county+valley+school+district&selectedContent=BUYER&target=g_72 https://www.bidnetdirect.com/colorado/solicitations/open-bids?keywords=mesa+county+valley+school+district&selectedContent=BUYER&target=g_72

1.0 INTRODUCTION

Mesa County Valley School District 51 (the “District”) is requesting proposals for dedicated Internet access service to support its schools and administrative facilities. The District seeks a reliable, high-capacity Internet connection that ensures consistent performance, scalability, and compliance with all E-Rate program requirements.

The requested service will:

● Internet connection shall be 10 Gbps symmetrical (10 Gbps up / 10 Gbps down), with options to increase during the contract term and no data caps

● Include an allocation of public IPv4 addresses (/25 or /24).

● Allow for future bandwidth growth during the contract term.

● Deliver high availability, with a minimum 99.95% uptime guarantee and 4-hour response time for outages.

The awarded provider will furnish all necessary connectivity from the vendor’s point of presence to the District’s Admin Service Center (2115 Grand Ave, Grand Junction, CO 81501). The District will continue to provide all internal routing, security, and content filtering per CIPA requirements.

The long-term contract accepted for this project is entirely contingent upon available funding from the federal E-Rate program (Schools and Libraries Division), and the Mesa County Valley School District 51 may or may not undertake the project at its sole discretion. In addition, the Mesa County Valley School District 51 will require that the awarded service provider ensure that all eligible components of service are compatible with the current technology infrastructure equipment.

2.0 SCHEDULE

Following is a schedule of events for the RFP process:

RFP Document Available October 10, 2025 RFP Question Due October 21, 2025 RFP Submittal Due November 11, 2025 Projected Start Date TBD

3.0 GENERAL CONDITIONS AND INSTRUCTIONS

Preparations and Submission of Proposals:

Proposals shall be submitted in the number of copies indicated in the Proposal Cover Letter and on the forms and in the proper formats provided. All copies shall be properly executed, all blank spaces shall be filled in, and any interlineations, alterations, or erasures shall be formally explained and initialed by the Offeror. Failure to comply with these requirements may be cause for rejection of the Proposal.

Partial or incomplete Proposals will not be considered. Proposals shall be in strict conformity with the Contract Documents and any amendments.

It is the sole responsibility of the Offeror to see that its Proposal is submitted by the date stated in the Proposal Cover Letter. Any Proposal received after the stated due date will not be opened.

Successful proposer’s whether under separate contract or not shall not assign any part or whole of this proposal or agreement to another party, subcontractor, or company nor shall they assign any money due or to become due to him hereunder, without the previous written consent of the District.

Venue for any and all legal action regarding or arising out of the transaction covered herein shall be solely in the District court in and for Mesa County, state of Colorado. The laws of the state of Colorado shall govern this transaction. The vendor or proposer agrees that any and all notices, pleadings and processes may be made by serving two copies of the same upon the Colorado Secretary of State, State Capitol, Denver, Colorado, and by mailing by return mail, an additional copy of the same to the vendor or proposer at the address shown herein; that said service shall be considered as valid personal service, and judgment may be taken if, within the time prescribed by Colorado law or rules of civil procedure, appearance, pleading, an answer is not made.

Each Proposal shall show the full legal name and business address of the Offeror, including its street address if it differs from its mailing address, and shall be signed with the usual signature of the person or persons authorized to bind the Offeror and shall be dated. Proposals by a partnership or joint venture shall be signed by an authorized representative of each joint venture partner and list the full names and addresses of all partners or joint venturers. The place of incorporation shall be stated in the Proposal.

The name of each signatory shall be typed or otherwise clearly imprinted below each signature. When requested, satisfactory evidence of the authority of any signature on behalf of the Offeror shall be furnished.

The preparation of a Proposal shall be by and at the expense of the Offeror.

Shipments shall be FOB destination, freight prepaid.

In accordance with Article X, Section 20(4)(b) of the Colorado Constitution, this Contract shall neither create nor be construed to create any multiple- fiscal year direct or indirect the DISTRICT debt or other financial obligation whatsoever. The parties recognize that the Contract is dependent upon the continuing availability and appropriation of funds (including per pupil funding for Program students from the State of Colorado) beyond the terms of the DISTRICT’s current fiscal period ending upon the next succeeding June 30, and that financial obligations of the DISTRICT payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available.

Your proposal shall not include any Federal or State taxes. The Districts Tax Exempt ID is 98- 01987.

By submission of the proposal, the proposer certifies that the proposal has been arrived at independently and submitted without collusion with any other proposer, and that the contents of the proposal have not been communicated by the proposer, nor to the best of its knowledge and belief, by any one of its employees or agents, to any person not an employee or agent of the proposer or its surety on any bond furnished herewith, and will not be communicated to any person prior to the official opening of the proposal.

Award shall be made to the most responsive and responsible Proposer whose proposal is determined to be the most advantageous to the District, taking into consideration the evaluation factors set forth in the solicitation. Price, although a consideration, will not be the sole determining factor.

In accordance with C.R.S. 8-17.5 et. Seq., the proposer whose name and signature appears on the request for proposal hereby certifies, represents, warrants and agrees as follows:

A. In the event this request for proposal is accepted by the school District, the proposer, as a vendor, shall comply with provisions of C.R.S. 8-17.5 et. Seq., requiring certification that the proposer does not and during all times proposer is under contract to perform services for the (“District”), will not knowingly employ or contract with an illegal alien.

B. The proposer will not knowingly contract with a subcontractor who knowingly employs or contracts with an illegal alien to perform work under the contract with the District.

The proposer will verify that it does not employ any illegal aliens by participation or attempted participation in the basic pilot emergency verification program administered by the social security administration and the department of homeland security or otherwise comply with C.R.S. 8-17.5- 102(2)(b)(i).

Examination of RFP documents and explanation to offerors:

Any Offeror planning to submit a proposal is responsible for examining with appropriate care the complete Document and all amendments, and is also responsible for informing itself with respect to all conditions that might in any way affect the cost or the performance of any work. Failure to do so will be at the sole risk of the Offeror, and no relief can be given for errors or omissions. Should the Offeror find discrepancies in or omissions from the Document, or should their intent or meaning appear unclear or ambiguous, or should any other question arise relative to the RFP Documents, the Offeror shall promptly notify the DISTRICT in writing. The Offeror making such request will be solely responsible for its timely receipt by the DISTRICT. Replies to such notices may be made in the form of amendments to the RFP Documents that will be issued simultaneously to all persons who have obtained the RFP Documents.

Offerors Modification and withdrawal of proposals:

An Offeror may, without prejudice to itself, modify or withdraw its Proposal by written request, provided that District receives the request prior to the due date at the address to which Proposals were to be submitted. Provided further, that in case of an electronic (e.g. email, facsimile, etc.) request a written confirmation thereof over the authorized signature of the Offeror is received by District at the address to which original Proposals were to be submitted within three (3) calendar days after issue of the electronic message. Following withdrawal of its Proposal, the Offeror may submit a new Proposal, providing delivery is effected prior to the established proposal due date.

The District may modify any provision or part of the RFP Documents at any time prior to Proposal due date.

Award of Contract: After consideration of price and other factors, the Contract will be awarded to the Offeror whose Proposal is determined to be reasonable and in the best interests of the District.

Contract may be awarded to more than one (1) successful proposer.

Term of the Contract: See specific Projects in Scope of Work.

Payment Terms: Net 30

The right is reserved, as the interest of the District may require, to reject any or all Proposals or to waive any informality in Proposals received or to award without negotiations.

The failure of any Offeror, to whom the Contract is awarded, to properly execute and return to the District the signed Contract, together with the Certificates of Insurance and the Performance Bond and Payment Bond, if required, within the time specified in the RFP, will cause the District to suffer damage, the amount of which is difficult, if not impossible, to ascertain, and the District shall therefore be entitled to declare a breach of contract by such Offeror, to award the Contract to another Offeror in accordance with the provisions of the Contract Documents, and to declare a forfeiture of the Offeror’s Proposal Security, if any.

4.0 STATEMENT OF WORK and SPECIFICATIONS

PROJECT BACKGROUND

The Mesa County Valley School District 51 has an ongoing strategic plan which includes telecommunication services, connectivity, and support. Mesa County Valley School District’s technology infrastructure consists of a local area network installed at each campus with a wide area network connecting the campuses together.

The District is seeking to leverage its investment in these areas to achieve maximum operating efficiencies and cost savings.

E-RATE REQUIREMENT

The Telecommunications Act of 1996 established a fund by which Schools and Libraries across the Country could access discounts on eligible telecommunications products and services. The program is commonly known as the E-Rate Program. The eligibility for discounts on Internet access, telecommunications products and services, and internal connection products, services and maintenance is determined by the Federal Communications Commission (FCC). Funding is made available upon application and approval by the Schools and Libraries Division (SLD) of the Universal Service Corporation, which was established by the Act. The amount of discount is based on the numbers of children receiving free- and reduced-price meals.

Suppliers are required to be in full compliance with all current requirements and future requirements issued by the SLD for participation in the E-Rate program throughout the contractual period of any contract entered into with the District as a result of this RFP.

Additional, respondents are required to submit the following to substantiate E-Rate Service Provider compliance.

● Proposers Service Provider Identification Number (SPIN)

● Service Provider Annual Certification (SPAC) verification (2021/2022) (SPIN contract page from USAC website will suffice)

● Verification that the proposer is an eligible telecommunication provider (Y) (SPIN contact page from USAC website will suffice)

● Proof that Proposer is not on FCC Red-Light Status Requires FCC Registration Number and documentation from FCC. Information can be accessed at http://www.fcc.gov/redlight/

TECHNICAL SPECIFICATIONS

SCOPE OF WORK

● To provide Internet Service to the Admin Service Center -2115 Grand Ave Grand Junction CO 81501. This internet connection provides internet to all of the District admin sites and schools.

● Internet connection shall be 10 Gbps symmetrical (10 Gbps up / 10 Gbps down) with options to increase during the contract term and no data cap.

● District requires either a /25 or /24 of public IPs addresses.

● The District provides all content filtering according to CIPA regulations.

http://www.fcc.gov/redlight/

● The provider is responsible for all connectivity from its network to the District demarc at the Admin Service Center. Any work performed on the provider’s outside plant is the provider’s responsibility and shall not create costs or obligations for the District.

● District is seeking a four (4) year contract, vendors shall provide all installation costs evenly amortized over the duration of the contract. Future contracts and/or renewals will be at the discretion of the School District.

● The vendor will guarantee a four-hour response time on all network outages.

● MCVSD51 reserves the right to increase/decrease Internet bandwidth during this contract without penalty or early termination charges.

● Billing will take place no earlier than July 1, 2026.

MANAGED NETWORK/PERFORMANCE GUARANTEE

1. A performance guarantee shall be required between the vendor and the District. The purpose of this guarantee is to ensure that adequate and timely services are delivered to District. The vendor will be required to provide periodic measurement data to certify that the established links meet the minimum requirements outlined in this RFP. This information will be made available to the Executive Director of Technology, Enterprise Operations Manager, and the Senior Network Engineers.

2. The vendor will be required to provide an Uptime guarantee of 99.95% monthly, 24×7 at the contracted bandwidth.at the minimum requested bandwidth. If the Internet service falls below 99.95% uptime in a calendar month, the District shall receive service credits based on total minutes of unavailability, calculated as a percentage of the Monthly Recurring Charge (MRC). The provider shall supply monthly uptime/incident reports upon request.

3. If the vendor repeatedly fails to meet performance specifications or provide such support services, District can request the termination of the contract with written notice. After written notice has been given, the vendor will have 14 days to correct the situation. Failure of the vendor to correct the situation will be just cause to terminate the contract.

Unsatisfactory service will be reported to the Schools and Libraries Division E-Rate Services.

5.0 PROPOSAL CONTENTS AND SUBMISSION REQUIREMENTS

Please submit One (1) Electronic copy via Rocky Mountain Bidnet.

Due Date: November 11, 2025 Time: 2:00 P.M. (MTN Time) Location: Rocky Mountain Bidnet

Include the following information:

The Proposals shall contain the following contents (following exact format):

https://www.bidnetdirect.com/colorado/solicitations/open-bids?keywords=mesa+county+valley+school+district&selectedContent=BUYER&target=g_72 https://www.bidnetdirect.com/colorado/solicitations/open-bids?keywords=mesa+county+valley+school+district&selectedContent=BUYER&target=g_72

SECTION 1. Cover Letter/Letter of Interest

Please provide a brief description of your firm, primary services provided, address of your firm’s local office, telephone and fax number, E-mail address, date firm established, type of firm (individual, corporation, etc.), number of employees, and the name of the team member who will serve as the District's contact throughout the contract.

SECTION 2. Qualifications

MANDATORY VENDOR QUALIFICATIONS

MCVSD51 requires a vendor to offer a solution for all of the projects covered under this RFP. Vendors who wish to submit a proposal to this RFP must meet, at a minimum but not limited to, the following requirements and submit proof with their proposal:

1. Vendor shall have a minimum of two (2) years’ experience delivering and supporting dedicated Internet access (DIA) services to K-12 school districts or comparable public-sector customers. Preference will be given to vendors with D51 experience.

2. Vendor must be able to provide remote support of the provided system.

3. Vendor shall operate a 24×7 Network Operations Center (NOC) with defined escalation and MTTR processes supporting Internet service.

4. On-site maintenance must be performed as needed by experienced personnel.

5. Vendor must provide three (3) references of similar work and scope.

VENDOR REGISTRATION WITH SLD

The Vendor must provide proof of registration with the USAC - Schools and Libraries Division (SLD) for reimbursement as a Telecommunications Provider under E-Rate guidelines. If the Vendor fails to file the appropriate forms with the SLD or fails to receive an SLD Vendor Number, MCVSD 51 is not responsible for the discounted portion of the Vendor’s bill. The Vendor must generate an invoice for the USF portion of the bill in accordance with SLD regulations and for filing the appropriate Form 474 for reimbursement. Vendor is responsible for supplying the SLD SPIN number. The vendor must also include their FCCRN number and certification of their current FCC status in the form of a printout from the FCCRN site. Vendors who do not currently have green light status will not be considered. The loss of “green light” status with the FCC shall render any contracts entered into with the vendor to be immediately null and void. Vendor must be a valid E-Rate provider with an approved SPIN provided with the proposal. Vendor must also submit all applicable E-Rate Item 21 Attachments with proposal.

SECTION 3. References.

Any Company that does not meet the minimum number of three (3) references, or their references supply less than adequate recommendations, will automatically be excluded from award.

SECTION 4. Recommended Plan.

Provide your recommended plan.

SECTION 5. Fee Proposal Provide a Fee proposal based on Project’s Scope of Work.

● The Admin Service Center (ASC), located at 2115 Grand Ave Grand Junction, CO 81501, shall serve as the aggregate point for the network.

● Provide one-time installation (NRC) and monthly recurring charges (MRC) for the

Internet service to the ASC. Quote 10 Gbps and include optional higher tiers (e.g., 25/40/100 Gbps) with NRC/MRC for each.

● Service handoff at the ASC demarc as 10G optical (SFP+/LR) or 10GBASE-T (RJ45) as mutually agreed. The demarc will be confirmed by District technical staff.

● Network outage service should be coordinated with the District technical staff.

● An uptime guarantee of 99.95% or better shall be provided.

● All equipment necessary to provide this connectivity shall be provided.

● All vendor equipment installed shall be under repair maintenance at no cost to MCVSD 51 for the life of the contract agreement.

SECTION 6. Completed Offer Certificate Fill out form attached below.

SECTION 7. Project Schedule.

Provide the anticipated project timeline.

SECTION 8. Attachments.

Include any contracts and/or agreements the District will be expected to sign.

6.0 EVALUATION AND SELECTION CRITERIA.

All Proposals received by the due date will be reviewed and evaluated by the Buyer and/or Selection Committee. After those firms deemed the most qualified are selected, further evaluation and interviews of the selected firms may be conducted as part of the final selection process. Final approval and award will be made by the Selection Committee.

The District reserves the right to select a firm that, in its sole judgment, best meets the needs of the District. The District reserves the right to accept or reject any and all proposals, or any portion or combination thereof, to contract services with whomever and in whatever manner the District decides, to abandon the services entirely, to award on the basis of partial or total proposal, and to waive any informality or non-substantive irregularity, as the interests of the District may require. The award of a contract is contingent of availability of funds. Award is at the sole discretion of the District, acting through the Board of Education. The contents of this RFP are incorporated into, and will become a part of any resultant award.

The District is not obligated to explain any deficiencies in their request for proposal, nor accept requests for justification from firms not selected. All proposal submission materials become the property of the District.

SELECTION CRITERIA: Proposals shall be evaluated and a final determination will be based on:

Selection Criteria Weight*

Price 50%

Support Model & Customer Service 25%

Technical Ability 10%

Prior Experience with D51 5%

Implementation & Cutover Plan 5%

Security & Filtering 5%

Overall Ranking 100%

The District reserves the right to reject any or all proposals and select the bid that offers the best overall benefit to the school system.

7.0 INSURANCE

During the term of the Contract, Contractor shall, at his own expense, purchase and maintain the following insurance in comprehensive general liability form in a company or companies properly licensed to do business in the State of Colorado, and satisfactory to the District. Certificates of Insurance acceptable to the Owner shall be filed with the owner prior to commencement of the work.

Workman’s Compensation including Occupational Disease and Employer’s Liability Insurance:

Statutory: Amounts and coverage as required by Workman’s Compensation laws for the State of Colorado.

Employer’s Liability: At least $100,000 each accident.

Comprehensive General liability ( include all major divisions of coverage for the following on a comprehensive basis):

Premises and Operation Owner’s and Contractor’s Protection Independent Contractors Products and Completed Operations

Contractual – Including specified provisions for contractor’s obligations

Limits shall be not less than those stated below:

Bodily Injury Liability – including personal injuries: $1,000,000 each occurrence

Property Damage Liability - $1,000,000 each occurrence

Comprehensive Automobile Liability – include coverage for the following;

Owned vehicles and vehicles under long term lease hired automobiles Employer’s non-ownership liability

Limits shall be not less than those stated below:

Bodily injury Liability - $1,000,000 each occurrence

Property damage Liability - $1,000,000 each ccurrence

Regarding Bodily Injury Liability – Include ‘B’ extension ( Uninsured motorists).

No insurance shall be canceled or otherwise voided during the Contract period, without at least 30 days prior written notice to the Owner, nor shall any insurance be invalidated should the insured waive any or all right of recovery against any party.

Liability insurance may be arranged by Comprehensive General Liability and Comprehensive Automobile Liability policies for the full limits required; or by combination of underlying Comprehensive Liability policies for lesser limits with the remaining limits provided by and Excess or Umbrella Liability policy.

8.0 REQUEST FOR INFORMATION (RFI)

IMPORTANT! Any and all request for clarification or explanation of the Request for Proposal must submitted via Rocky Mountain Bidnet by October 21, 2025.

https://www.bidnetdirect.com/colorado/solicitations/open-bids?keywords=mesa+county+valley+school+district&selectedContent=BUYER&target=g_72

OFFER CERTIFICATE

Please type/or print all information clearly.

Any illegible or ambiguous information will be excluded from the District's evaluation.

Return RFP Proposal in its entirety. Include all instructions, terms and conditions etc.

Any unsolicited information may be included or excluded at the discretion of the Director of Purchasing if in the best interest of the District.

Contractor shall furnish the following information:

(a) Full Business Name

(b) Address

(c) Number of years in business State Incorporated

(this branch or location.)

The undersigned hereby:

● Certifies that I have not used any outside agent in arriving at the attached figures, and have not contacted any competitors in arriving at these figures.

● Agrees to deliver the items specified within this bid, in accordance with the terms, conditions , specifications and prices set forth.

● Quotes are valid for a period of 90 days from receipt of proposal.

● Has Read and Agrees to the Terms, Guarantees and Conditions contained within this

RFP document.

Company Name

Address:

Signature of authorized agent

Typed or Printed name of authorized agent

Date: E-mail address:

Phone No. FAX No.

Bid Terms: Delivery Date:

REFERENCES: Furnish a list of a minimum of three (3) business references. Agency references of similar type and size is preferable. Each reference must have a service history with your company, of no less than one year.

COMPANY NAME

Business Address Phone Number Contact Name Years of service with contractor District Notes:

Reference Business Name Business Address Phone Number Contact Name

Reference Business Name Business Address Phone Number Contact Name

MESA COUNTY VALLEY SCHOOL DISTRICT 51

TERMS AND CONDITIONS FOR SERVICES

ENTIRE AGREEMENT

This Purchase Order embodies the entire agreement between DISTRICT 51 and SELLER and supersedes all other writings. The parties shall not be bound by, or be liable for, any statement, representation, promise, inducement or understanding not set forth herein.

INDEPENDENT CONTRACTOR

Vendor represents that it is fully experienced, properly qualified, registered, licensed, equipped, organized, and financed to perform the Work under this Purchase Order. Vendor shall act as an independent contractor and not as the agent of DISTRICT 51 in performing this Work, maintaining complete control over its employees and all of its lower-tier suppliers and subcontractors. Nothing contained in this Purchase Order or any lower- tier purchase order or subcontract awarded by Vendor shall create any contractual relationship between any lower-tier supplier or subcontractor and DISTRICT 51. Vendor shall perform the Work hereunder in accordance with its own methods subject to compliance with the Purchase Order.

LABOR, PERSONNEL AND WORK RULES

Vendor shall employ only competent and skilled personnel to perform the Work under this Purchase Order.

Vendor shall, at DISTRICT 51's request, remove from the Work any Vendor personnel who are acting in violation of any provision of this Purchase Order, including, but not limited to Site Work, safety or security rules, or at DISTRICT 51’s sole discretion, determined to be undesirable for the Work. In the event an employee is so removed, Vendor shall promptly replace such individual with another who is fully competent and skilled to perform the Work.

For Work performed on DISTRICT 51 premises, Vendor shall observe DISTRICT 51'S procedures, regulations and Work rules to include, but not limited to, established Site working hours and security requirements.

CHANGES

DISTRICT 51 may at any time, by written revision, direct additions, deletions or changes, including, acceleration or deceleration, to all or any part of the Work and Vendor agrees to perform such Work as changed. If any such revision causes an increase or decrease in Vendor’s cost of, or the time required for the performance of any part of the Work, DISTRICT shall make an equitable adjustment to the price, the delivery schedule, or both, and the Purchase Order shall be modified accordingly. Nothing in this clause shall excuse Vendor from proceeding with the Purchase Order as changed, whether or not an equitable adjustment has been made. The Vendor must assert its claim for an adjustment under this clause within 20 days of receipt of the change order.

WARRANTY

Vendor warrants that it will perform the Work under this Purchase Order with the degree of high professional skill and sound practices and judgment that is normally exercised by recognized professional firms with respect to Work of a similar nature. In addition to all other rights and remedies that DISTRICT 51 may have, Vendor shall, re-perform the Work to correct any deficiencies from Vendor’s failure to perform in accordance with the Purchase Order statement of Work, specifications and drawings, and the above standards, at Vendor’s expense.

WAIVER

The failure of either party to insist on performance of any provision of this Purchase Order shall not be construed as a waiver of that provision in any later instance.

INDEMNITY AND HOLD HARMLESS

Vendor hereby releases and shall indemnify, defend and hold harmless DISTRICT 51, their officers, agents, employees, successors and assigns and authorized representatives of all the foregoing from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, attorney's fees, costs and expenses of whatsoever kind or nature, including, but not limited to those arising out of injury to or death of Vendor’s employees, whether arising before or after completion of the Work hereunder and in any manner directly or indirectly caused, occasioned, or contributed to in whole or in part, or claimed to be caused, occasioned or contributed to in whole or in part, by reason of any act, omission, fault or negligence whether active or passive of Vendor, its lower-tier suppliers, subcontractors or of anyone acting under its direction or control or on its behalf in connection with or incidental to the performance of this Purchase Order. Vendor’s aforesaid release, indemnity and hold harmless obligations, or portions or applications thereof, shall apply even in the event of the fault or negligence, whether active or passive, or strict liability of the parties released, indemnified or held harmless to the fullest extent permitted by law, but in no event shall they apply to liability caused by the willful misconduct or sole negligence of the party released, indemnified or held harmless.

DISTRICT 51 FACILITY REQUIREMENTS

No on-site office or storage space shall be provided as a part of this Contract.

DISTRICT 51 is a tobacco-free environment. No smoking or chewing of tobacco is permitted on school grounds or in any DISTRICT 51 facility.

Any damages caused by the VENDOR in the performance of this Contract shall be repaired at no cost to

DISTRICT 51.

No official or employee of DISTRICT who exercises any functions or responsibilities in the review or approval of this undertaking, or carrying out of the Statement of Work shall voluntarily acquire any personal interest, directly or indirectly, in the Contract.

The VENDOR covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, that conflict in any manner or degree with the performance of the services hereunder. The VENDOR further covenants that no person having any such know interests shall be employed or conveyed an interest directly or indirectly, in the Contract.

FAIR LABOR STANDARDS ACT AND EQUAL OPPORTUNITY EMPLOYMENT ACT

The VENDOR agrees to comply with the Fair Labor Standards Act, the Equal Opportunity Employment Act, and all other applicable Federal and State laws, regulations, and executive orders in connection with the furnishing of supplies or performance of work under this Contract, to the extent that the same may be applicable; and further agrees to insert the foregoing provision in all subcontracts or purchase orders awarded in connection with this Contract.

TERMINATION

DISTRICT 51 may unilaterally terminate this Contract upon VENDOR’s nonobservance of any of the foregoing or for failure to comply with any of the clauses and provisions of this Contract, including any modifications, upon seven (7) days notice to the VENDOR.

TITLE

Title to all Work and materials will pass directly to the District 51 upon the earlier of (1) delivery to the Work Site, or (2) payment to the Vendor.

APPLICABLE LAW

Any suit filed relative to this Purchase Order must be filed in a court of competent jurisdiction in Mesa County, Colorado.

AVAILABILITY OF FUNDS

In accordance with Article X, Section 20(4)(b) of the Colorado Constitution, this Purchase Order shall neither create nor be construed to create any multiple- fiscal year direct or indirect DISTRICT 51 debt or other financial obligation whatsoever. The parties recognize that the purchase is dependent upon the continuing availability and appropriation of funds (including per pupil funding for Program students from the State of Colorado) beyond the terms of DISTRICT’s current fiscal period ending upon the next succeeding June 30, and that financial obligations of DISTRICT payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available.

ATTACHMENT A

CONFIDENTIAL OR PROPRIETARY INFORMATION FORM

If the Offeror has deemed any portion of their offer to be Confidential or Proprietary, they must specifically identify the section and page number(s) of the confidential/proprietary information below as well as include a statement advising the School District of why the information shall not be disclosed. Please note that the District will not consider pricing as confidential or proprietary. The School District shall review the statement and determine whether the information will be withheld. If the School District determines to disclose the information, the School District shall inform Offeror in writing of such determination.

The undersigned hereby acknowledges that there is no confidential or proprietary information contained within the offer.

Firm

Authorized Signature

ATTACHMENT B

DEVIATIONS / EXCEPTIONS FORM

List any deviation or exception for any item listed under this solicitation. The item number must be listed and the page of the solicitation it is found on. Any deviation/exception or inability of the provider to handle that particular item must be clearly and fully stated. Failure to show specific deviations indicates full compliance with the solicitation.

The undersigned hereby acknowledges that there are no deviations/exceptions to this solicitation except as specified above.

ATTACHMENT C

ADDENDUM ACKNOWLEDGEMENT FORM

This page is used to acknowledge any and all addendums that might be issued. Your signature indicates that you took the information provided in the addendums into consideration when providing your complete response.

Please sign and date:

ADDENDUM NO. 1 Acknowledgement

Signature Date

ADDENDUM NO. 2 Acknowledgement

ADDENDUM NO. 3 Acknowledgement

ATTACHMENT D

NON-COLLUSION AFFIDAVIT

State of ) ) ss.

County of )

, affiant, (Name) the

(Title)

(Contractor/Bidder) the persons, corporation, or company who makes the accompanying Proposal, having first been duly worn, deposes and says:

That such Proposal is genuine and not sham or collusive, nor made in the interest of, or behalf of, any persons not herein named, and that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that the Bidder has not in any manner sought by collusion to secure for itself an advantage over any other Bidder.

(Title)

Subscribed and sworn to before me this day of , 20

Signature of Notary Public in and for the

County of

State of

ATTACHMENT E

CONFLICT OF INTEREST CERTIFICATION

(date)

Purchasing and Warehouse Services Mesa County Valley School District 51 330 24th Court Grand Junction, CO 81501

The undersigned certifies that to the best of his/her knowledge: (check only one) ( ) There is no officer or employee of Mesa County Valley School District 51 who has, or whose relative has, a substantial interest in any contract resulting from this request.

( ) The names of any and all public officers or employees of MCVSD51 who have, or whose relative has, an interest in any contract resulting from this request, and the nature of the interest, are included below or as an attachment to this certification.

(Firm) (Phone)

(Address) (Fax)

(Federal Tax ID Number)

(Signature Requirement) (Print Title)

(Printed Name)

ATTACHMENT F

ATTACHMENT G

AGREEMENT

THIS AGREEMENT is between MESA COUNTY VALLEY SCHOOL DISTRICT NO. 51, a Colorado public school district, 2115 Grand Avenue, Grand Junction, Colorado 81501 (herein referred to as the "District"), and «contractor_name», «contractor_address», (herein referred to as "Contractor").

RECITALS:

A. The District owns and operates numerous public schools at various locations throughout Mesa County, Colorado, and requires the following services performed at some or all of those schools during the term of this agreement:

B. Contractor is customarily engaged in the independent occupation, business or profession of performing such services and agrees to perform these services for the District under the terms and conditions set forth in this Agreement.

THEREFORE, In consideration of the mutual promises set forth herein, it is agreed by and between the District and Contractor:

Section 1. Description of Work. The work to be performed by Contractor includes those services generally performed by Contractor in Contractor's usual line of business, including, but not limited to, the services and work described in Attachment A hereto (Scope of Work).

Section 2. Payment. The District will pay Contractor for the work and services to be performed under this Agreement, according to Attachment B hereto (Payment Schedule) attached hereto and made a part hereof. All such payments shall be made by check or warrant payable to Contractor’s trade or business name, and not to Contractor personally.

Section 3. Relationship of Parties. The parties intend that an independent contractor relationship be created by this Agreement. Contractor’s business operations shall not be combined in any way with the operations of the District, but instead shall be maintained separately and distinctly. Contractor is not to be considered an agent or employee of the District for any purpose, and Contractor and the employees of Contractor are not entitled to any of the rights or benefits the District provides for the District's employees. CONTRACTOR IS NOT ENTITLED TO

WORKERS’ COMPENSATION BENEFITS AND IS OBLIGATED TO PAY FEDERAL

AND STATE INCOME TAX ON ANY MONEYS EARNED PURSUANT TO THIS

AGREEMENT. Contractor expressly waives any claim to rights arising under District employment policies or the Colorado Teacher Employment, Compensation and Dismissal Act of 1990, section 22-63-101, et seq., C.R.S.

Section 4. Insurance. Contractor shall comply with the insurance requirements specified on Attachment C (Insurance Requirements) attached hereto and incorporated herein. Contractor understands it is responsible to provide proof of the same level of insurance for any subcontractors.

Section 5. Duration. Unless sooner terminated as provided herein, this Agreement shall remain in force for a term beginning and ending .

Section 6. Termination.

Termination for Cause. If, through any cause, either party shall fail to fulfill, in a timely and proper manner, its obligations under this Agreement, or if either party shall violate any of the covenants, agreements or stipulations of this Agreement, the other party shall thereupon have the right to terminate this Agreement for cause by giving written notice to the party in default of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or unfinished documents, data, studies, surveys, reports or other material prepared by Contractor under this Agreement shall become the property of the District. The Contractor shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted. Contractor shall be obligated to return any payment advanced under the provisions of this Agreement.

Notwithstanding the above, neither party shall not be relieved of liability to the other party for any damages sustained by the non-defaulting party by virtue of any breach of the Agreement by the party in default and if the Contractor is in default, the District may withhold any payment to Contractor for the purposes of mitigating its damages until such time as the exact amount of damages due to the District from the Contractor is determined. If after such termination it is determined, for any reason, that the party was not in default, or that the party's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the Agreement had been terminated for convenience, as described herein.

Termination for Convenience. Both parties reserve the right, regardless of satisfactory or non-satisfactory performance hereunder, to terminate this Agreement without liability by giving written notice of such termination to the other party. A written notice to terminate must be delivered to the other party thirty (30) days prior to the date of final service delivery. In the event of such termination, Contractor shall be paid for all satisfactory work accomplished pursuant to this Agreement. Any final settlement of compensation shall take into full consideration all work which has been properly performed by Contractor and all payments which have or have not been made.

Immediate Termination. This Agreement is subject to immediate termination by the District in the event the District determines that the health, safety or welfare of persons receiving services may be in jeopardy. Additionally, the District may immediately terminate this Agreement upon verifying that Contractor has engaged in or is about to participate in fraudulent acts.

Section 7. Standard Terms and Conditions. The terms and conditions set forth in Attachment D - Standard Terms and Conditions, attached hereto shall be part of this Agreement as if fully incorporated herein.

Section 8. Special Terms and Conditions.

Confidentiality. The parties recognize that during the term of this Agreement, Contractor will transmit and receive information or data, via District facilities and network(s), which is or may be considered confidential or private under numerous state and federal laws, rules and regulations that govern the use, disclosure, confidentiality or privacy of such information or data, including but not limited to, the Health Insurance Portability and Accountability Act (HIPAA) of 1996, as amended, and Family Educational Rights and Privacy Act of 1974 (FERPA), as amended (“confidential data”).

With respect to such confidential data which Contractor is exposed to or which is received by Contractor in the course of performing his obligations under this Agreement, Contractor shall:

a. Comply with all such state and federal laws, rules and regulations which apply to the

District related to such confidential data; and

b. Maintain the privacy and confidentiality as required by law of all confidential data;

and

c. Not use, transfer, sell or disclose any such confidential data except as necessary to carry out Contractor’s obligations under this Agreement or as required or permitted by law; and

d. Not at any time use or seek to use any of the confidential data acquired during the course of providing the Service pursuant to this Agreement for Contractor’s own benefit or for the benefit of any other person or entity other than the District; and

e. Maintain adequate and appropriate policies and procedures to ensure the privacy and security of confidential data as required by law; and

f. Require its agents and subcontractors, which are or may be exposed to confident ia l data, to comply with all of the terms of this paragraph; and

The terms of this Section 8 shall survive the termination of this Agreement.

EFFECTIVE as of «day» «month», «year».

DISTRICT: MESA COUNTY

VALLEY SCHOOL

DISTRICT 51

Dated: By

Title:

CONTRACTOR: «contractor_name»

Pursuant to the Tax Equity and Fiscal Responsibility Act (TEFRA) of 1982, the District is required to have Contractor’s Taxpayer Identification Number (TIN) on file. If Contractor is a business entity, the TIN is the Contractor’s Employer Identification Number (EIN). If Contractor is an individual or sole proprietor, the TIN is Contractor’s Social Security Number (SSN).

Federal law requires the District to withhold twenty percent (20%) federal income tax from payments made to Contractors for which it does not have a TIN. In order to avoid withholding of taxes, Contractor must provide the following information:

Full Name of Contractor (Business or Individual)

Street Address

City, State, Zip Code or Employer Identification Number Social Security Number

Check one: Incorporated Unincorporated

Contractor is an individual Colorado PERA retiree: yes no

By signing below Contractor certifies all of the above is true and correct.

CONTRACTOR: «contractor_name»

ATTACHMENT F

W9

ATTACHMENT A

SCOPE OF WORK

ATTACHMENT B

PAYMENT SCHEDULE

1. At the conclusion of service provision, I, the contractor will submit an official, detailed invoice within the same calendar month the services were rendered.

ATTACHMENT C

INSURANCE REQUIREMENTS

Standard Coverage. (Applicable if total sum payable to Contractor for work performed under the Agreement as set forth in Attachment B is over $10,000):

a. Workers' Compensation coverage in accordance with scope and limits as required by the State of Colorado.

b. Employer’s Liability: A minimum of $1,000,000 per occurrence.

c. Commercial General Liability (including public liability), "occurrence form," with minimum limits of ONE MILLION ($1,000,000) combined single limit, per occurrence for bodily injury, personal injury and property damage.

d. Comprehensive Automobile Liability insurance including “B” extension (uninssured motorists), with minimum limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000) combined single limit per accident.

In accordance with the submittal requirements outlined above, CONTRACTOR shall deliver the original copy of the certificate(s) of insurance required by this clause and all subsequent notices of cancellation, termination and alteration of such policies to the attention of Lisa Sharp at the following address:

Mesa County Valley School District 51, Purchasing and Warehouse Services. 330 24th

Court, Grand Junction, CO 81501.

ATTACHMENT D

STANDARD TERMS AND CONDITIONS

1. Scope of Agreement: Any other work, materials, equipment or machinery not specifically described or expressly covered herein, but which is required or necessary to perform or complete the work which is contemplated, shall be deemed to be, and is, covered by this Agreement.

2. Safety: As pertains to performance under the terms of this Agreement, precautions shall be exercised at all times for the protection of all persons (including District employees) and property. The safety provisions of all applicable laws, regulations, and codes shall be observed. Hazards arising from the use of vehicles, machinery, and equipment shall be guarded or eliminated in accordance with the accepted standards of safety practice. Contractor and any subcontractors shall comply fully with all requirements of the Occupational Safety and Health Act, and any other pertinent Federal, State or Local Statutes, rules or regulations.

Contractor and any subcontractors shall bear…