SPECIAL_TERMS_AND_CONDITIONS.pdf

TEMPE SCHOOL DISTRICT NO. 3

3205 South Rural Rd

Tempe, AZ 85282

SPECIAL TERMS AND CONDITIONS

1. Purpose

Pursuant to provisions of the Arizona School District Procurement Rules, the District intends to establish a contract(s) for Water Treatment Services.

2. Sufficient Funds

The District fully anticipates that sufficient funds will be available for this purchase; however, funds are not currently available. Any contract awarded under this bid will be conditioned upon the availability of funds.

3. Insurance

Bidder agrees to maintain such insurance as will fully protect Bidder and the District from any and all claims under any workers’ compensation statute or unemployment compensation laws, and from any and all other claims of any kind or nature for damage to property or personal injury, including death, made by anyone, that may arise from work or other activities carried on, under, or facilitated by this Agreement, either by Bidder, its employees, or by anyone directly or indirectly engaged or employed by Bidder. Bidder agrees to maintain such automobile liability insurance as will fully protect Bidder and the District for bodily injury and property damage claims arising out of the ownership, maintenance or use of owned, hired or non-owned vehicles used by Bidder or its employees, while providing services to the District.

Successful Bidder shall be required to provide proof of and maintain comprehensive general liability insurance with a limit of not less than $1,000,000 per occurrence and $2,000,000 aggregate coverage with a deductible of not more than $5,000 and naming Tempe Elementary School District #3 as an additional insured party.

Successful Bidder shall be required to submit proof of and maintain Worker’s Compensation and Employer’s Liability Insurance as required by law.

4. Affordable Care Act

Bidder understands and agrees that is shall be solely responsible for compliance with the Patient Protection and Affordable Care Act, Public Law 111-148 and the Health Care and Education Reconciliation Act, Public Law 111-152 (collectively the Affordable Care Act “ACA”). Bidder shall bear sole responsibility for providing health care benefits for its employees who provide services to the District as required by state or federal law.

5. Licenses

Successful Bidder shall maintain in current status all federal, state, and local licenses and permits required by the operation of the business conducted by the Bidder.

6. Safety

Bidder, at its own expense and at all times, shall take all reasonable precautions to protect persons and the District property from damage, loss or injury resulting from the activities of Bidder, its employees, its subcontractors, and/or other persons present. Bidder will comply with all specific job safety requirements promulgated by any governmental authority, including without limitation, the requirements of the Occupational Safety Health Act of 1970.

All items supplied on this contract must comply with the current applicable occupational safety and health standards of the State of Arizona Industrial Commission, the National Electric Code, and the National Fire Protection Association Standards.

7. Fingerprint Requirements

Fingerprint clearance cards will not be required for this contract.

8. Registered Sex Offender Restrictions

Pursuant to award, Bidder agrees that no employee of the Firm or subcontractor of the Firm, who is required to register as a sex offender, pursuant to A.R.S. § 13-3821, will perform work on the District premises or equipment at any time when District students are, or are reasonably expected to be, present.

Bidder further agrees that a violation of this condition shall be considered a material breach and may result in the cancellation of the award at the District’s discretion.

9. Terms of Award

Per A.A.C. R7-2-1024(B.1.i), it is the intent of the District to award a multi-term contract, beginning immediately and continuing through June 30, 2026. If all conditions are met during this period of time, this contract can be extended, if funding is available, for up to an additional four one-year contracts. However, no contract exists unless and until a purchase order is issued each fiscal year.

The contract may be terminated by either party prior to the expiration date upon thirty (30) days written notice to the other party. Cancellation of the contract shall not relieve the contractor of responsibility for satisfaction of all work that should have been done up to the last day of the contract.

It is expected that Governing Board approval for this contract will be made in October 15, 2025.

10. Product Delivery

Any Bid item delivered that does not meet specifications or is received in an unsatisfactory condition and is in a damaged or unusable condition must be picked up by the bidder immediately and replaced to the District’s satisfaction at no additional charge, or issue full credit.

11. Guarantees by the Successful Bidder(s)

Bidder guarantees that equipment or material offered is standard, new, and as required by the specifications.

Every item delivered must be guaranteed against faulty material and workmanship for a period of at least one

(1) year from the date of purchase. If during this period such faults develop, the successful Bidder agrees to replace the item affected without cost to the District.

12. Minimum

The volume of value of purchase under the resultant contract(s) is unknown. The District shall not be bound to purchase a minimum quantity during the contract period. The quantities listed are an estimated amount based upon FY2024-2025 documented usage. The District reserves the right to increase or decrease any estimated quantities.

13. Non-Exclusive Contract

Any contract resulting from this solicitation shall be awarded with the understanding and agreement that it is for the sole convenience of the District. The District reserves the right to obtain like goods or services from other sources.

14. Inspection

All materials are subject to final inspection and acceptance by the District. Materials failing to meet the requirements of this contract will be held at Bidder’s risk and may be returned to Bidder. If so returned, the cost of transportation, unpacking, inspection, repudiating, reshipping or other like expenses shall be the responsibility of the Bidder.

15. Delivery of Services

Services must be received within time agreed to by the District and the Bidder. The District shall make decisions as to compliance with contract services and time and their decision shall be final. The items on this contract shall be delivered per the specifications and instructions for each of the campuses.

16. Local Representative

Bidder shall have a LOCAL field representative available at all times during the contract period.

17. Billing

All billing notices must be sent to each District’s Accounts Payable Department as shown on the purchase orders. All invoices shall identify the specific item(s) being billed. Any purchase order issued by Tempe School District #3 will refer to the IFB number of this Bid.

18. Price Clause

Prices shall be firm for the term of the contract. Prices as stated must be complete for all services offered and shall include all associated costs.

After initial contract term and prior to any contract renewal, the Tempe School District #3 will review fully documented requests for price increases and may at its sole option accept any changes or cancel the contract.

19. Fuel Surcharges

No fuel surcharges will be accepted. No price increases will be accepted without proper request by Bidder and response by the District’s Purchasing Division.

20. Procurement Methods

Any parts or repair services obtained under this Invitation for Bid will be by Blanket Purchase Order or Specific Purchase Order. The percent discount for parts and the labor rate must remain the same no matter what purchasing method the District uses.