RFP-27-01-BULK-FUEL-(NEW)-.pdf

REQUEST FOR PROPOSALS (RFP)

Bulk Fuel and Related Items

RFP 27-01

Completed proposals for RFP 27-01 for Bulk Fuel and Related Items must be received on or before 10:00 a.m., CST October 26, 2026. Electronic submissions in the online bidding system www.publicpurchase.com must contain all required proposal documents (including forms, completed specifications, and any other documents required by the proposal invitation).

Proposers must ensure that all required content for each part of the submission is fully uploaded.

In lieu of electronic submissions, Cleveland ISD will also be receiving in-person or mailed proposals. Proposers choosing this method must submit a sealed envelope or carton, properly marked with the RFP number and submittal date and time, containing all required proposal documents (including forms, completed specifications, and any other documents required by the proposal invitation). You must choose one method or the other, not both, to submit your proposal. Late proposals will not be accepted.

RFP TIMELINE

Release Date: October 8, 2026

Questions Due: October 19, 2026 Responses to Questions: October 20, 2026

Proposals Due: October 26, 2026 – 10:00 a.m., CST Award Date: November 16, 2026

In an effort to maintain fairness in this process, all inquiries concerning this procurement are to be directed only to the Cleveland ISD Purchasing Department, in writing. Attempts to contact Cleveland ISD Board of Trustee members, Superintendent of Schools, Assistant Superintendents, Directors, or other employees, during this period beginning with the issuance of this document through approval of award are strictly prohibited unless authorized by the Cleveland ISD Purchasing Department. Any attempt by a vendor or representative of the vendor to contact or influence a member or members of the aforementioned, will be grounds to disqualify a respondent from award of items or services in this RFP.

Cleveland Independent School District Attn: Alfonso Saldivar

1901 E. Houston St.

Cleveland, TX 77327

Alfonso.Saldivar@clevelandisd.org

INTENT TO RESPOND

Date: _________________________________________________ To:

From: _________________________________________________ Name and Phone Number

Email Address Company Name

Street Address

City, State, Zip

Reference: Vendor’s intent to respond to RFP No. 27-01, Bulk Fuel and Related Items

In order that Cleveland Independent School District may assess potential vendor’s interest in this job, please check one of the statements below and email to Alfonso.Saldivar@clevelandisd.org or fax form to (281) 592 - 8283, on or before 10/13/2026, thank you.

Our company intends to respond to this job:

Our company declines to respond to this job:

Optional: Reason for declining:

Declining to respond will not eliminate the vendor from future consideration to jobs with Cleveland Independent School District.

1. GENERAL INFORMATION

1.1 Purpose

Cleveland Independent School District (CISD) desires to receive sealed proposals from qualified suppliers (the “Vendor”) for Bulk Fuel and Related Items as set forth in this proposal invitation. The intent of this request is to establish a Vendor that will supply bulk fuel to our school bus fleet and auxiliary fleet (police, facility vehicles) for our Transportation Department. As such, CISD is seeking highly qualified respondents having experience with Bulk Fuel delivery.

1.2 Term of Contract

The term of this contract will be for one (1) year with four (4) additional one (1) year optional renewals.

An awarded Vendor has no right to or vested interest in contract renewal. The District will evaluate the contract award prior to the expiration of the then-current term on the basis of factors that may include the annual amount of business, performance and continued provision of best value to the District. To the extent provided for in the contract, the District, at its sole option, may renew this contract for four (4) additional one-year terms by giving the Vendor written notice no later than thirty (30) days prior to the expiration of the current term. If the option to renew is exercised, the contract will continue under the same terms and conditions set forth herein. The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years.

1.3 CISD Buses and Other Vehicles

CISD Transportation Department has approximately 121/buses and needs to be able to provide efficient transportation service to our students throughout the District. In addition, our Police Department and Facilities Department has approximately 86/vehicles combined. The police vehicles provide safety and response patrol to campuses in the District. The facilities vehicles deliver goods, service campuses maintenance requirements, and transport staff locally and out of town to conferences and other school meetings.

1.4 Proposal Requirements

a) Background

CISD is a mid-size but growing district located approximately 50 miles northeast of Houston, Texas. The district enrollment was 7,747 students for the 2019-20 PEIMS Snapshot; as of September 21, 2026, that number has exceeded 12,000 students. CISD facilities currently includes twelve (12) campuses (Douglass Learning Academy, Southside Elementary, Eastside Elementary, Cottonwood Elementary, Pine Burr Elementary, Cleveland Middle School, Cleveland High School, DAEP, The Ninth Grade Center, Santa Fe Middle School, Santa Fe Elementary School, and Northside Elementary School).

Each firm shall be responsible for familiarizing themselves with CISD, its boundaries, structures, and any other data that may be important to consider when preparing a response. Firms shall organize responses in the order listed below and include the content as requested. Please note: Duplicate information may be requested in more than one evaluation criteria section. This information will be used for the Evaluation Criteria noted below. CISD reserves the right to reject as non-responsive any responses that do not contain the information requested in this RFP. Additionally, CISD reserves the right to reject, as non-responsive, any responses that are not organized and formatted as described in this RFP.

The apparent silence of the specifications as to any detail, or the apparent omission from any specification of a detailed description concerning any point, will be interpreted to mean that only the best commercial practices will prevail, and the specification will be construed accordingly.

b) Pricing

A “Line Item” Proposal must be for a specific price for the unit of measure specified for that item. Proposer is responsible for clearly noting any differences in proposed packaging and/or units of measure as a deviation.

If this proposal invitation requires “discount from catalog” pricing, Proposer must quote a single discount percentage to be applied to all items in Proposer's published catalog.

Proposer must submit the catalog or published pricelist with the Proposal in electronic format. Catalogs and pricelists should contain only items that relate to the items requested in the specifications. Vendors are discouraged from including irrelevant or non responsive information with their Proposal. The District reserves the right to deem a proposal non-responsive if the catalogs or price lists submitted do not specifically relate to the intent of the proposal invitation or contain what the District deems, in its sole discretion, excessive, irrelevant, or non-responsive information, including information which makes it burdensome or impractical for the District to identify responsive products and pricing.

Proposer’s pricing must be “equal to or better” than pricing Proposer offers other similar customers. Pricing that is not considered equal or better could result in the Proposal being determined non-competitive and not considered for award.

Unless specified otherwise in this proposal invitation:

• A “cost plus” Proposal will not be accepted; and

• Proposal pricing must not include the cost of engineering, architectural or other services that are required to be separately obtained by a District under the Texas Professional Services Procurement Act (Chapter 2254 of the Texas Government Code) or other applicable law.

c) Quality

Proposed services must conform to the highest standards of trade practice and include use of commercial grade equipment and tools maintained according to manufacturer standards and recommendations. Proposed services shall not be performed with inferior equipment and tools.

Utilization of only experienced, responsible, and capable personnel in performance of the work shall be mandatory. Performance of all work required under this agreement shall be done in a manner consistent with the highest industry standards. Work shall be done with a minimum amount of disruption to the District activities.

d) Samples

The District may request a product sample. Proposer must furnish the requested sample at no cost to the District, and, unless otherwise specified, the District must receive the sample within 72 hours of the request. The submitted sample must be labeled with the proposal invitation name and number, item number, product identification number, and Proposer’s name. Proposer’s failure to submit a sample when requested will result in the product in question not being considered for award to Proposer.

The District will retain samples for a sufficient length of time for proper evaluation. If not destroyed or consumed during examination or testing, the District will return samples to Proposer at Proposer's expense, provided that Proposer has included a written return request with the submitted samples. Notwithstanding the foregoing, the District may permanently retain samples submitted by awarded Proposers for the purpose of determining that the quality and workmanship of awarded products delivered to the District is comparable to the samples. The District is not liable for samples that are damaged, destroyed, or consumed during examination or testing.

e) All or Nothing and Certain Item Proposals

Unless otherwise indicated in this proposal invitation, “all or nothing” Proposals are not acceptable and will be rejected. Proposer must be willing to accept a partial award for any combination of the items or services proposed, and must be willing to share the business with any other successful Proposers.

Unless otherwise specified, Proposer may propose on any or all items. Proposer should answer all questions related to each item on which Proposer wishes to propose, and either leave the questions for other items unanswered (blank) or indicate “No Bid.” The District will consider items individually and make awards on each item independently, except for

“related” items for which “compatibility” will be an element of consideration. In such cases, small groups of items will be considered as a unit.

f) Confidential Information

Proposer must clearly identify information in the Proposal that Proposer considers proprietary or confidential. The District will treat such information as confidential to the extent allowable under the Texas Public Information Act (Chapter 552 of the Texas Government Code) or similar disclosure law. If Proposer fails to properly identify the information, the District shall have no obligation to seek protection of such information from public disclosure should a member of the public or other third-party request access to the information under the Texas Public Information Act or similar disclosure laws. The District will not be responsible for Proposer’s failure to clearly identify information Proposer considers confidential or proprietary. Proposer will be notified of any third-party request for information that Proposer has identified as Confidential/Proprietary.

1.5 Submission of Proposals

Proposer shall be responsible for any cost incurred in the preparation of proposals and participation in the evaluation process. There is no expressed or implied obligation by CISD to reimburse Proposer for any costs incurred in preparation or submission of proposals, for providing additional information when requested by CISD, or for participating in any selection demonstration, interviews, and contract negotiations.

Submittals must be signed by an individual authorized to contractually bind their firm. By signing, the signatory warrants that he or she has read and agrees to the terms of the Proposal and is authorized to execute same as a legally binding act of Proposer. A facsimile or imaged signature will be deemed as original. Unsigned proposals will be considered non-responsive.

Sealed proposals will be received electronically at:

www.publicpurchase.com

Or in person at:

CISD – Purchasing Department 1901 E. Houston St., Cleveland, Texas 77327

Until Monday, October 26, 2026, at 10:00 a.m., CST. Proposals received after the time and date specified above will be considered non-responsive and will be filed unopened.

Delivery of proposals to other Departments within CISD is not considered as delivery to the Purchasing Department.

In person submissions must be received as a sealed envelope or carton marked with RFP number and title in the lower left corner and must include one (1) original in unbound hard copy format and one (1) electronic format (USB flash drive). The electronic format must include all catalogs and/or pricelists when applicable.

Electronic submissions shall be fully uploaded to the designated site. The system shall not allow for any late proposals. The District will not be responsible for any delay of delivery or submission, including delays related to system programs, servers, or acts of nature.

Faxed or emailed proposals are not acceptable. Any faxed or emailed proposals received will be considered non-responsive and will be filed unopened.

Copyrighted proposals are unacceptable and will be considered non-responsive.

a) Addenda

Any interpretation, correction or change to this proposal invitation will be made by addendum and updated information contained in an addendum will prevail over the information contained in the original proposal invitation or a previous addendum. The District is the sole authority for the issuance of any addendum and any communication related to this proposal invitation that is not from the District is invalid. Although the District may provide electronic notification when an addendum has been issued and the changes will be flagged, it is Proposer’s responsibility to monitor the District website and/or designated electronic bidding site for possible addenda and incorporate any posted addendum into the Proposal. Proposer must acknowledge each addendum in accordance with the instructions accompanying the addendum.

All questions must be submitted in writing and received no later than October 19, 2026 at 12:00 (noontime), CST. Responses will be posted to the designated website as a final addendum on October 20, 2026 by 5:00 p.m. CST. No verbal responses will be provided.

Contact:

CISD - Purchasing Department

Alfonso Saldivar, Director of Purchasing E-mail : Alfonso.Saldivar@clevelandisd.org

b) Withdrawal

Proposer may withdraw or modify a submitted Proposal prior to the Proposal Due Date and time. Proposer must submit a written request to the District to withdraw in person submissions. The request to withdraw must be signed by an individual authorized to enter into contracts on Proposer’s behalf. Electronic submissions may be withdrawn through the designated bidding system. If the District has any question or doubt regarding Proposer’s identity or the identity of its Proposal, withdrawal will not be allowed. If the District decides to allow the withdrawal, Proposer’s duly authorized representative will be required to complete and sign a written receipt satisfactory to the District before the proposal will be released. The decision of the District relating to matters concerning withdrawal of a Proposal is final.

Proposer may resubmit the withdrawn Proposal, or submit a new Proposal, up until the Proposal Due Date and time, provided any new submission meets the requirements of this proposal invitation. If Proposer resubmits a Proposal that was withdrawn and makes any change to any document in the proposal package, the change must be made in accordance with the District’s instructions for Proposal submissions, and Proposer will be deemed to have authorized such change.

Proposals that are in the District’s possession at the Proposal Due Date and time shall be deemed final, conclusive, and irrevocable; and no Proposal will be subject to withdrawal, amendment, or correction by a Proposer after the Proposal Due Date and time specified in this proposal invitation.

1.6. Evaluation of Proposals

All response material will be evaluated to determine best value. Each Proposer’s price, experience and reputation, quality of goods or services, impact on the ability of the District to comply with rules relating to historically underutilized businesses, safety record, proposed personnel, financial capability, and any other relevant factors specifically listed in this RFP will be evaluated.

CISD reserves the right to ask for presentations during the evaluation process. Notice will be given to the proposers who are in the “zone of consideration” for award. Evaluation of the presentations may result in scoring changes to the appropriate category.

The prequalified list of vendors will be presented to the CISD Board of Trustees for consideration at the earliest opportunity following the official proposal opening date.

Best Value Criteria Maximum

Points

1 Price Competitiveness 45

2 Vendor Experience and Reputation 20

3 Quality of Goods or Services 10

4 The extent to which the goods or services meet the District’s needs 10

5 Vendor’s Past Relationship with District 5

6 Total Long-Term Cost to the District 5

7 Any other relevant factor or requirement listed in this RFP 5

TOTAL: 100

1.7. Award of Proposals

This contract will be awarded based on the evaluation and award criteria set out in Section 1.6 and other legal requirements relevant to federal, state, and local procurement law.

Awarded pricing may include line item pricing, discount off catalog or pricelist, not-to exceed hourly labor rates, or other pricing structure as set forth in the proposal invitation.

Vendor shall hold it awarded pricing firm during the Contract term. For awards based on discount off catalog or pricelist, Vendor may submit updated pricelists or catalogs reflecting manufacturer or similar market-wide price increases that occur during the Contract term to the District, and shall provide upon request such supporting manufacturer documentation as the District may require. Such pricelists or catalogs must be provided in the same format required by the proposal invitation for catalogs and pricelists submitted with Proposals. All pricelist or catalog changes must be supported by manufacturer price changes or similar market changes. The District reserves the right to reject any or all catalog or pricelist price changes as it deems to be in the best interest of and to provide best value to the District. Unless otherwise provided in the proposal invitation, no catalog or pricelist price increases, including website-based catalogs or pricelists, will be permitted or accepted within 180 days of Vendor’s Proposal submission or within 180 days of submission of a prior revised catalog or pricelist. Updated pricelists or catalogs must be limited to awarded products or the pricelist or catalog may be rejected by the District in its entirety. Vendor must provide the District with prior notice of catalog and pricelist changes. Until such time as updated pricelists have been submitted to the District, or in the event the District rejects or determines further information is required before accepting a revised catalog or pricelist, Vendor shall be required to continue to apply the prior catalog or pricelist pricing, with applicable discount, to District. All awarded discounts must remain firm during the Contract term. In the event Vendor decreases the price of awarded products or services for any or all of its other customers in similar market circumstances below the Contract price, Vendor must offer such decreased pricing to District. If it is determined that a Vendor has sold products or services to the District through the Contract at a price higher than the applicable awarded pricing, Vendor shall be in default of its Contract and subject to termination.

The District reserves the right to accept or reject all or any part of any submittal, waive any or all irregularities, formalities, or other technicalities and to be the sole and independent judge of quality and suitability of any products or services offered and to award to a single vendor, multiple vendors, each line item separately or in any combination. The final decision as to the best overall offer, including as to price and suitability of the proposed products or services to meet the needs of and provide best value to the District, rests solely with the CISD Board of Trustees.

A proposal does not become a Contract unless and until the Proposal is accepted by the District through the issuance of a written Notice of Award to the successful Proposer, whereupon the Contract becomes binding and enforceable. The Contract is then utilized by the District by the issuance of a Purchase Order. Vendor must honor all purchase orders issued by the District.

2. CERTIFICATIONS

2.1. Compliance with Applicable Laws

By signing this Proposal, the Proposer certifies that Proposer has obtained, and will continue to maintain during the entire term of this contract, all permits, approvals, and/or licenses necessary for lawful performance of its obligations under this contract. Proposer further certifies that, if awarded, Proposer will comply with all applicable state, federal, and local laws, rules, and regulations in regards to awarded products and/or services.

Vendor further warrants that all products provided under the Contract meet applicable OSHA standards and regulations, and that any electrical items bear the appropriate listing from US, FMRC, NEMA, or UL Laboratories. If awarded products are chemicals or other products that customarily require Material Safety Data Sheets (MSDS), Vendor must include the MSDS with the first shipment of the product to the District during the Contract term. Vendor must provide additional MSDSs to District upon request, promptly and at no additional cost.

2.2. Non-Collusion

Proposer agrees and certifies to the following, and understands that the penalty for violating this non-collusion certification will be the immediate disqualification of Proposer’s Proposal:

1) Neither Proposer nor any business entity represented by Proposer has received compensation for participation in the preparation of the item specifications or these Terms and Conditions related to this proposal invitation;

2) The Proposal has been arrived at independently and is submitted without collusion with any other Proposer, with any competitor or potential competitor, or with any other person or entity to obtain any information or gain any special treatment or favoritism that would in any way limit competition or give any Proposer an unfair advantage over any other Proposer with respect to the Proposal;

3) Proposer has not accepted, offered, conferred, or agreed to confer, and will not in the future accept, offer, confer, or agree to confer, any benefit or anything of value to any person or entity related to the District or any of its members in connection with any information or submission related to the Proposal, any recommendation, decision, vote, or award related to the Proposal, or the exercise of any influence or discretion concerning the sale, delivery, or performance of any product or service related to the Proposal;

4) Neither Proposer, nor any business entity represented by Proposer, nor anyone acting for such business entity, has violated the Federal Antitrust Laws or the antitrust laws of this State with regard to the Proposal, and the Proposal has not been knowingly disclosed, and will not be knowingly disclosed, to any other Proposer, competitor, or potential competitor prior to the opening of Proposals; and

5) No attempt has been or will be made to induce any other person or entity to submit or to not submit a Proposal.

2.3. Legal, Ethical, and Other Matters

Proposer agrees and certifies to the following:

1) Proposer has, or has the ability to obtain, such financial and other resources, including inventories, as may be required to fulfill all the responsibilities associated with the Proposal;

2) Proposer has a high degree of integrity and business ethics, and a satisfactory record of performance;

3) Proposer is an authorized dealer, distributor, or manufacturer for the products or services offered in the Proposal;

4) Proposer has not been notified by any local, state, or federal agency with competent jurisdiction that its standing in any matters whatsoever would preclude it from submitting its Proposal and Proposer would in no other way whatsoever be disqualified to propose or receive any award or Contract related to this proposal invitation, and Proposer will comply with any reasonable request from the District to supply information sufficient to substantiate the foregoing representations;

5) Proposer has obtained, and will continue to maintain during the entire term of the Contract, all permits, approvals, or licenses necessary for lawful performance of its obligations under this Contract;

6) The prices, prompt payment discount terms, delivery terms, distribution allowances and the quality and/or performance (including warranties) of the product or services offered in the Proposal are and will remain the same or better than those offered Proposer’s most favored customer under equivalent circumstances;

7) The Proposal complies with all federal, state, and local laws concerning these types of products or services, and Proposer will continue to comply with any applicable federal, state, and local laws related to Proposer’s activities in connection with the Contract; 8) Proposer will comply with any applicable prevailing wage rate requirements under the federal Davis-Bacon or state or local law, including Chapter 2258 of the Texas Government Code;

9) The person whose signature appears on the Proposal Acknowledgements of this RFP hereby certifies that neither the individual nor their firm or principals of the firm are listed on the Federal Government’s “List of Parties Excluded from Federal Procurement and Non-Procurement Programs” published by the U.S. General Services Administration (GSA) effective as of the date of opening (proposal submission deadline) of the Proposal.

The District will use the Federal Government’s System for Award Management (SAM) system managed by the GSA, found at www.sam.gov, to determine Contractor’s eligibility prior to contract award;

10) By submitting a response to this request, each Proposer represents that it is in compliance with the requirements of Chapter 176 of the Texas Local Government Code, Disclosure of Certain Relationships with Local Government Officers; Providing Public Access to Certain Information. A list of local government Officers may be obtained at www.clevelandisd.org. Failure to comply with this provision may result in the Proposal being considered non-responsive;

11) Upon notification of intent to award, the person or entity submitting this proposal must comply with House Bill 1295 which is codified in the Texas Government Code

§2252.908 effective January 1, 2016 by submitting a completed and signed Form 1295, Certificate of Interested Parties within 10 days after notification of intent to award. The appropriate form and additional information is available from the Texas Ethics commission at www.ethics.state.tx.us/index.html

12) Proposer will maintain, at Proposer’s expense, any insurance, including without limitation such workers’ compensation insurance as may be required by state or local law or policy, necessary to protect the District from all claims for bodily injury, death, or property damage that might arise from the performance by Proposer or its employees or its agents of any service under the Contract; however, the existence of such insurance does not relieve Proposer of full responsibility and liability for damages, injury, death, or loss as described or as otherwise provided for by law;

13) Vendor agrees to abide by all applicable laws, regulations, and executive orders pertaining to equal employment opportunity, including federal laws and the laws of the state of Texas. In accordance with such laws, regulations and executive orders, Vendor agrees that no person in the United States shall, on the grounds of race, color, religion, national origin, sex, age, veteran status, disability or genetic information, be excluded from employment with or participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity performed by Vendor under the Contract. Upon request, Vendor will furnish information regarding its nondiscriminatory hiring and promotion policies; and

14) Any false statement contained in the Proposal is a material breach of contract which will void the Proposal or any resulting Contract, and subject Proposer to removal from all proposal lists, and possible criminal prosecution.

2.4. Prevailing Wages, Bonding, and Insurance Requirements

Vendor must comply with any applicable prevailing wage rate requirements under the federal Davis-Bacon or state or local law, including Chapter 2258 of the Texas Government Code. Vendor must provide any applicable performance and payment bonds as required by law, including Chapter 2253 of the Texas Government Code.

Vendor must maintain appropriate and sufficient insurance, including without limitation such workers’ compensation insurance as may be required by state or local law or policy, necessary to protect Vendor and the District from all claims for bodily injury, death, or property damage that might arise from the performance by Vendor or its employees or agents of any service under the Contract; however, the existence of such insurance does not relieve Vendor of full responsibility and liability for damages, injury, death, or loss as described or as otherwise provided by law.

3. CONTRACT TERMS AND CONDITIONS

3.1. Contract Term

Length of this RFP shall be for a period of one (1) year. To the extent provided for in the contract, the District, at its sole option, may renew this contract for four (4) additional one-year terms.

3.2. Non-Appropriation

Goods and/or services to be provided by Vendor in years subsequent to the first fiscal school year will be dependent upon the appropriation and allotment of funds. CISD under this agreement may be dependent upon the appropriation and allotment of funds by the Texas State Legislature and/or allocation of funds by the CISD Board of Trustees. If the Legislature fails to appropriate or allot the necessary funds, or the Board fails to allocate the necessary funds, then CISD will issue written notice to Vendor and CISD may terminate this agreement without further duty or obligation under this agreement. Vendor acknowledges that appropriation, allotment, and allocation of funds are beyond the control of CISD.

3.3. Central Texas Purchasing Alliance

Cleveland Independent School District is a member in good standing of the Central Texas Purchasing Alliance (CTPA I txctpa.org), an alliance of over 120 public school districts in Texas representing over a million students, sharing information, services, and contractual o p p o r t u n i t i e s. CTPA is an alliance created in accordance with Section

791.001 of the Texas Government Code through interlocal agreements. In support of this collaborative effort, all awards made by Cleveland Independent School District may be adopted by other active CTPA member districts. By adopting a contract from another CTPA member district, the adopting district has met the competitive bidding requirements established by the Texas Education Code, Section 44.031(a)(4) and as required by the adopting district's policies. There is no obligation on either the awarded vendor or the adopting CTPA member district to participate unless both parties agree. Upon mutual agreement of both parties to engage under the terms of the original contract, the vendor agrees to provide the contracted goods and services at the same or better contract pricing and purchasing terms established by the originating district. Minor modifications to the scope of work of the original contract may be allowed to accommodate the adopting district’s needs, as long as such modifications are directly related in nature to the original contract. To assist an adopting member district in establishing their supporting documentation, the awarded vendor’s response and related documents owned by the originating district may be shared without prior notification to the awarded vendor, unless the vendor at the time of their response to the original solicitation clearly annotates that such sharing of their response is to not occur without prior permission of the vendor. The adopting district shall be responsible for the management of the new contract and all payments to the contracted vendor. The originating district shall have no responsibilities under the new contract agreement. Upon adoption of the contract by the adopting CTPA member district, the original term of the contract and any renewal or extension options allowed under the original contract shall then transfer to the adopted contract, and such renewals options may be executed by the adopting member district at its sole discretion and independently of the originating member district’s decision to execute such renewal options on the original contract.

3.4. Termination of Contract

CISD reserves the right to cancel any contract resulting from this RFP at any time, for any reason, or for no reason with a thirty (30) day written notice to the Vendor. Any notice required or permitted to be delivered to the vendor(s) shall be deemed to be delivered when mailed by registered or certified mail, return receipt requested, postage prepaid, and addressed to the Vendor’s address appearing on the face of the RFP (or as subsequently revised or changed). Any compensation due the vendor(s) will be limited to services performed and accepted by the District.

At the District’s option and in addition to any other remedies it may have available, the District may terminate the Contract if Vendor fails to adhere to or violates any of the provisions of these Terms and Conditions, including the certifications. Without limiting the scope of the foregoing, one or more of the following constitute grounds for termination:

1) Delivery of product or services that fail to meet the item specifications; 2) Delivery of product or services that are defective or substandard or fail to pass product inspection;

3) Delivery of a product substitution, except as specifically authorized;

4) Failure to meet required delivery schedules;

5) Failure to timely supply the awarded products or services at the contract price; 6) Failure to provide, within a reasonable time and where required by the Contract, information reasonably requested by the District;

7) Providing architectural or engineering services under the Contract that must be procured pursuant to the Professional Services Procurement Act (Chapter 2254 of the Texas Government Code);

8) Selling non-awarded goods or services under the Contract;

9) Vendor refusal, inability or loss of ability, to offer or provide awarded goods or services to District unless caused by a Force Majeure event.

Notwithstanding any other provision of these Terms and Conditions, in the event of Vendor’s default under or breach of any provision in the Contract, the District reserves the right to enforce the performance of the Contract in any manner prescribed by law or deemed to be in the best interest of, or necessary or appropriate to protect or provide best value, to the District. Without limiting the scope of the foregoing, the District may temporarily inactivate (suspend) Vendor as a District vendor, with or without prior notice to Vendor, if the District determines that the nature of the breach under the Contract with Vendor or a potential public health and safety issue warrants such action, and the temporary inactivation will remain in effect pending further action or termination of the Contract by the District. Vendor remains liable for all obligations and responsibilities incurred prior to and during any temporary inactivation and prior to termination, as applicable.

In the event the District terminates the Contract, in whole or in part, the District reserves the right to award the terminated Contract, or any portion thereof, to the next Proposer the District determines to provide best value.

The District shall not be liable to Vendor for any damages (including, but not limited to, loss of profits or loss of business, or any special, consequential, exemplary, or incidental damages) resulting from termination based on Vendor’s default or breach of contract.

3.5. Assignment

It is understood that in the performance of any services herein provided, Vendor shall be, and is, an independent contractor, and is not an agent or employee of CISD and shall furnish such services in its own manner and method, except as required by this contract.

Further, Vendor has and shall retain the right to exercise full control over the employment, direction, compensation, and discharge of all persons employed by Vendor in the performance of the services hereunder. Vendor shall be solely responsible for, and shall indemnify, defend, and save CISD harmless, from all matters relating to the payment of its employees, including compliance with Social Security, withholding, and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.

If any services to be rendered by Contractor under the Contract will be (or may be) performed by individuals other than the Contractor’s own employees (hereinafter referred to as “Subcontractors”), then Contractor must inform District of such Subcontractor engagement and shall describe the extent of the work to be performed by the Subcontractor. Contractor shall disclose to District the name of the firm and/or individuals Subcontracted and any other information the District may require to ensure the Subcontractor is qualified to perform such services in connection with the Contract.

Subcontractors shall operate under, and shall be bound by, the same terms and conditions of the Contract. Compensation and supervision of Subcontractors shall be the sole responsibility of the Contractor. The District reserves the right to, at any time, reject services provided by a Subcontractor and reserves the right to interview the Subcontractor prior to accepting any services from such. Any assignment by Vendor of this contract or any part thereof without written consent of CISD shall be void.

CISD reserves the right to select another Vendor to continue with additional scope(s) of work or determine that the scope for additional tasks will not be performed for any reason. All work products from any SOW as well as any work paid for by CISD, are the property of CISD. The Vendor will deliver all of its documentation and records from any SOW performed to CISD in an orderly and timely manner. CISD reserves the right to use the work product as CISD requires including, but not limited to, use by a replacement vendor in performing another SOW’s.

3.6. Intellectual Property

Without limiting these Terms and Condition, if any claim is asserted, or action or proceeding brought against the District that alleges that all or any part of the products supplied by Vendor, in the form supplied or modified by Vendor, or its subcontractors pursuant to Vendor’s sole directions, infringes or misappropriates any United States intellectual property, intangible asset, or other proprietary right, title or interest (including, without limitation, any copyright or patent or any trade secret right, title, or interest), or violates any other contract, license, grant, or other proprietary right of any third party, the District, upon its awareness, shall give Vendor prompt written notice thereof. Vendor shall defend, and hold the District harmless, against any such claim or action and shall indemnify the District against any liability, damages and costs resulting from such claim. In addition, if, in any such suit arising from such claim, the continued use of the product for the purpose intended is enjoined by any court of competent jurisdiction, Vendor shall, at its expense and option, either (a) procure for the District the right to continue using the product; (b) modify the product so that it becomes non infringing; (c) replace the product or portions thereof so that it becomes non-infringing;

or (d) allow the District to return the product and refund the purchase price (less reasonable depreciation for use.)

3.7. Indemnification

VENDOR SHALL HOLD CISD AND ITS PAST AND PRESENT AND FUTURE

TRUSTEES, OFFICERS AND EMPLOYEES (COLLECTIVELY “INDEMNIFIED

PARTIES”) HARMLESS AND SHALL INDEMNIFY ALL SUCH INDEMNIFIED

PARTIES AGAINST ANY AND ALL CLAIMS, DEMANDS, AND CAUSES OF

ACTION OF WHATEVER KIND OR NATURE ASSERTED BY ANY THIRD

PARTY, OCCURRING OR IN ANY WAY INCIDENT TO, ARISING OUT OF, OR IN

CONNECTION WITH ANY ACTS OF VENDOR AND ITS AGENTS, EMPLOYEES,

AND SUBCONTRACTORS DONE IN CONNECTION WITH THIS CONTRACT.

3.8. Force Majeure

The term Force Majeure includes, but is not limited to, governmental restraints or decrees, provided they affect all companies in Vendor’s industry equally and are not actions taken solely against Vendor; acts of God (except natural phenomena, such as rain, wind or flood, which are normally expected in the locale in which performance is to take place); work stoppages due to labor disputes or strikes; fires; explosions; epidemics; riots;

war; rebellion; or sabotage.

The District and Vendor are required to use due caution and preventive measures to protect against the effects of Force Majeure, and the burden of proving that Force Majeure has occurred rests on the party seeking relief. The claiming party must promptly notify the other party in writing, citing the details of the Force Majeure event, use due diligence to overcome obstacles to performance created by the Force Majeure event, and resume performance immediately after the obstacles have been removed, provided the Contract has not been terminated in the interim.

Delay or failure of performance of the Contract or a Purchase Order caused solely by a Force Majeure event will be excused for the period of delay caused solely by the Force Majeure event, provided the party claiming the event promptly notifies the other party in writing. Neither party shall have any claim for damages against the other resulting from delays caused solely by Force Majeure. The District will not be responsible for any cost incurred by Vendor because of the Force Majeure event unless the District has requested, in writing, that Vendor incur such cost in connection with any delay or work stoppage caused by the Force Majeure event.

Notwithstanding any other provision of these Terms and Conditions, in the event Vendor’s performance of its obligations under the Contract is delayed or stopped by a Force Majeure event, the District may, at its sole option, terminate the Contract. This section does not limit or otherwise modify any of the District’s rights as provided elsewhere in the Contract.

3.9. Applicable Law, Venue and Dispute Resolution

This Request for Proposals and any resulting award(s) shall be interpreted within the laws of the State of Texas. Venue for any legal action filed relative to this Request for Proposals or any resulting contract shall be in Liberty County, Texas.

In the event that any one or more of the provisions contained in this RFP (or resulting contract) shall be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provisions shall not affect any other provision hereof, and this RFP (or any resulting contract) shall be construed as if the invalid, illegal, or unenforceable provision(s) had never been contained herein.

4. OTHER CONTRACT PROVISIONS

4.1. Criminal History Checks

Contractor shall certify compliance with Texas Education Code 22.0834 and Education Commissioner’s rules regarding criminal history record review for all employees, applicants for employment, agents or subcontractors of the Contractor. Contractor shall obtain criminal history record information through the criminal history clearinghouse as provided by Government Code 411.0845 when the employee, applicant, agents or subcontractor has or will have continuing duties related to the contracted services and will have direct contact with students. The District considers “continuing duties” to exist when a Contractor will be providing services on District grounds over a term that spans beyond one (1) calendar day or school day, whichever applies. The District considers “direct contact” to exist either when a Contractor will be providing services to students directly or providing services in a manner that could lead to opportunities for significant verbal or physical contact with students. The Contractor shall certify to the District before beginning work and at no less than an annual basis thereafter that criminal history record information has been obtained. Contractor shall assume all expenses associated with the background checks, and shall immediately remove any employee or agent who was convicted of a felony or misdemeanor involving moral turpitude, as defined by Texas law, from District property or other location where students are regularly present. District shall be the final decider of what constitutes a “location where students are regularly present.”

Should an environment develop where there is direct and ongoing unsupervised contact with student(s), then, at a minimum, the Qualified Vendor shall cease work immediately, notify CISD, and obtain required criminal history record information, through the Department of Public Safety’s Fingerprint-based Applicant Clearinghouse of Texas (FACT), regarding its employees assigned to work on CISD premises. The following steps should be followed to complete the process:

• If you are a sole proprietor (one-person company) you must:

1. Contact CISD Purchasing Department to obtain FAST pass.

2. After fingerprinting is completed, email Ginger Deck, Purchasing Manager, at gdeck@clevelandisd.org and provide the following: RFP number, full name and date of birth for all personnel assigned to work on site during the contract term. If it is not possible to verify an employee based on the name and date of birth, it may be necessary to provide a driver’s license number or state characterization card.

• All other suppliers, contractors, and subcontractors must:

1. Receive award letter or signed contract from the Purchasing Department.

Subcontractors will obtain an award letter or contract from the general contractor, before contacting DPS.

2. Contact the Department of Public Safety (DPS) at (512) 424-2474, select option 2, to establish a vendor account and obtain a FAST pass. This process can take up to seven to ten business days.

3. Follow instructions on the FAST Pass to arrange an appointment for employees to be finger printed. Employers may select the most convenient location to their zip code.

After fingerprinting is completed, email Ginger Deck, Purchasing Manager at gdeck@clevelandisd.org and provide the following: RFP number, full name and date of birth for all personnel assigned to work on site during the contract term. If it is not possible to verify an employee based on the name and date of birth, it may be necessary to provide a driver’s license number or state characterization card.

If an employee is arrested while under contract, you must contact CISD. The incident must be reported within 3 business days of the arrest.

Notify CISD Purchasing Department if employees leave employment with the firm during the contract term or cease responsibilities on CISD property.

4.2. Insurance Requirements

The successful Vendor shall provide and maintain such insurance as will protect the Vendor and the District from claims set forth below, which may arise out of, or result from, the operations under the contract. The Vendor shall file with the Purchasing Department, before work is begun, certificates of such insurance which shall be subject to approval by the District as to the company providing insurance and the manner and adequacy of insurance protection.

The Vendor agrees to add CISD as an additional insured with a Waiver of Subrogration. The Firm shall, during the performance of this Agreement, keep in force the following insurance:

• Commercial General Liability, $1,000,000 per occurrence;

• Texas Workers’ Compensation and Employers’ Liability, $1,000,000 each accident per statute;

• Auto Liability, $500,000 per occurrence any auto;

• Umbrella Liability, $1,000,000 per occurrence

All such policies of insurance shall contain a provision that they shall not be cancelled or altered nor the amount of coverage reduced until at least thirty (30) days after notice of such cancellation, alteration, or reduction has been delivered to the District.

Such policies of insurance shall be written by companies authorized by the Texas Department of Insurance to conduct business in the state and shall be satisfactory to the District.

The Certificate of Insurance must be presented prior to start of service. The amount of deductibles and self-insurance retention must be shown on Certificate of Insurance.

5. BIDDER REQUIREMENTS

5.1. Proposal Requirements

Proposer shall organize the response in the order listed below and include the content as requested.