request for proposals for recess coaching services
TRANSCRIPT
Fort Bend Independent School District
REQUEST FOR PROPOSALS FOR
RECESS COACHING SERVICES
RFP 19-090LB OPENING DATE: May 13, 2019 at 10:00a.m. (CST)
RETURN PROPOSAL PACKET TO:
Attn: Lisa Bryant
Fort Bend Independent School District 555 Julie Rivers Drive
Purchasing Department, 2nd Floor Sugar Land, TX 77478
Company Name:
Company Address:
City, State, & Zip:
Telephone # ______________ Email
Print Name
Signature
Your signature attests to your offer to provide the goods and/or services in this proposal according to the published provisions of this Job. Contract is not valid until FBISD Board has approved the award. For additional information, contact Lisa Bryant by email at [email protected]
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
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Recess Coaching Services BACKGROUND Fort Bend ISD (FBISD) is a Pre K-12 public school district in Fort Bend County serving a student enrollment of over 76,000. The district currently consists of 81 campuses and multiple administrative sites. We are a growing district, adding campuses in the near future. The intention of this Request for Proposal (RFP) is to solicit proposals for Recess Coaching Services to meet the needs of all students served in Fort Bend ISD. SPECIAL NOTE Please be reminded that all Fort Bend ISD campuses and departments are tobacco, drug and weapon free facilities. Vendors are responsible for the conduct of their employees and adherence to Fort Bend ISD building policies. No work shall interfere with school or system activities or environment unless permission is given by the Infrastructure Manager or designee. GENERAL TERMS, CONDITIONS AND REQUIREMENTS FOR SOLICITATIONS This solicitation shall be governed by the following documents which are incorporated herein. A copy may be obtained at http://www.fortbendisd.com/docs/purchasing/general-provisions-for-purchasing-solicitations-andcontracts.pdf or by contacting the Fort Bend ISD Buyer listed on the cover sheet. Any exception to the terms and conditions must be included in the Proposer’s response. The contract period shall be for a maximum five (5) year term. District reserves the right to negotiate changes with the selected vendor and waive any specifications or requirements to the district's benefit. The district plans to and may upgrade services and/or modify/add/delete the number of accounts and/or features as needs change either during the year or at the beginning of each year renewal. The District reserves the right to waive minor technical defects in a proposal, reject any and all proposal, reject any part of a bid, advertise for a new proposal or make the purchase on the open market if the price or services can be obtained at a better price.
All Fort Bend ISD procurement solicitations and addendums can be downloaded at http://purchasing.fortbendisd.com/CurrentBids.aspx. PLEASE NOTE THAT IT IS THE RESPONSIBILITY OF THE PROPOSERS TO CHECK FOR ANY ADDENDUMS ON THE FORT BEND ISD PURCHASING WEBSITE PRIOR TO SUBMITTING A PROPOSAL.
Proposers are required to respond to all requests identified in this RFP and indicate their acceptance or objection to the terms of the RFP and the terms of the Agreement. Any exceptions to the terms and conditions in the RFP or the Agreement must be clearly indicated in the Proposer’s submitted proposal. Each Proposer, by submitting its proposal, represents that the Proposer has read, understands, and agrees with the RFP and the Agreement, excluding any exception specifically made by Proposer in its proposal. Proposers are requested to sign the form of agreement (Appendix A) to verify their assent to the terms and conditions therein. If proposers have contract documents that they expect FBISD to execute, those forms must be included in the proposal responses submitted.
Fort Bend ISD will accept sealed proposals either by mail or hand delivered until, May 13, 2019 at 10:00 a.m. (CST). Proposals received after the opening date and time will not be accepted and will be returned unopened.
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Vendor submissions should include one (1) original, one (1) printed copy and one (1) electronic (flash drive) copy of the response for evaluation purposes. Submissions should include access to view all electronic resources proposed. Proposals submitted without electronic access and sample materials will be treated as a “no bid”. Original and copies should be submitted in a SEALED ENVELOPE with the proposal information: “RFP 19-090LB Recess Coaching Services” along with the proposer’s name clearly visible on the front of the envelope. QUESTIONS AND ANSWERS Any questions or needed clarifications pertaining to this proposal shall be emailed to Lisa Bryant at [email protected]. All questions must be submitted no later than May 6, 2019 at 10:00 a.m. (CST). Questions received by this deadline and corresponding answers will be included in an Addendum and posted on our Fort Bend ISD Website.
FORMS AND EXHIBITS All forms and exhibits should be completed and returned as part of the RFP as listed in the proposal response requirements.
RESPONSE REQUIREMENTS
Fort Bend ISD reserves the right to award this contract as best meets the district needs to include by line items, group, single, dual or multiple award.
PROPOSAL EVALUATION All materials, programs, and products that are submitted will be evaluated for alignment to the Fort Bend ISD instructional model and the degree to which it supports the instructional priorities. The following criteria will be used to evaluate materials, programs, and products:
• Alignment to the identified priorities • Alignment to the instructional model • Alignment to the Standards/TEKS • Instructional guidance/support for instructors • Balance of digital and print materials • Ability to integrate with existing programs/ materials/ databases
SELECTION PROCESS: a. Selection Process - The evaluation and advisory committee will be composed of a variety of educators from the Fort Bend Independent School District. A representative(s) from Purchasing will sit on the committee to help facilitate all meetings regarding evaluation of the proposals. The Purchasing official is not a voting member. b. Pricing - All fees and charges should be included in the prices section. However, if the proposer anticipates any extraordinary charges, they must be detailed in the proposal.
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c. Proposal will be evaluated and scored independently by each member and the scores will be compiled and analyzed to determine top vendors. The evaluation committee will discuss top choices and narrow the field from the written proposals in order to invite certain vendors to demonstrate. A variety of stakeholders, including a broader set of educators, and parents and students will be invited to the demonstrations to give feedback before final recommendations are made for superintendent and board consideration. d. The evaluation committee will narrow the submitted proposals to the vendors that best meet the requirements of the Request For Proposal (RFP) and which best meets the complete needs of the Fort Bend Independent School District.
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Time Table: Fort Bend ISD anticipates following the time table listed below for this bid:
Activity Date Job starts to advertise (1st run) 4/22/2019 Job advertises (2nd run) 4/29/2019 Vendor Questions Due 10:00 AM (CST) 5/6/2019 Proposal Package Due 10:00 AM (CST) 5/13/2019 Presentation to the Board of Trustees July 2019 Tabulations and awards posted to http://purchasing.fortbendisd.com/AwardedClosedBids.aspx July 2019
The time table above is only an estimate and actual dates may vary.
INTERLOCAL AGREEMENTS WITH OTHER SCHOOL DISTRICTS THROUGH THE CENTRAL TEXAS
PURCHASING ALLIANCE
A. Membership. Fort Bend Independent School District is a member in good standing of the Central Texas Purchasing Alliance (CTPA / txctpa.org), an alliance of over 40 school districts in Texas representing over a million students, sharing information, services and contractual opportunities. CTPA is an alliance created in accordance with Section 791.001 of the Texas Government Code through inter-local agreements.
B. Adoption of Awarded Contracts. In support of this collaborative effort, all awards made by Fort Bend 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 party to participate unless both parties agree. The goods and services provided under the contract will be at the same or better contract pricing and purchasing terms established by the originating district.
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RFP 19-090LB Recess Coaching Services
Evaluation Criteria: Proposal shall be evaluated using the evaluation criteria listed below. Fort Bend ISD reserves the right to award contract as best meets the District needs such as per section, groups, or all.
Evaluation Criteria Point System
1
Purchase price Offer a fair and reasonable price for items or services to be procured by Fort Bend ISD. Pricing will be calculated using the Price Delivery Sheet in this document
2
Reputation of the vendor and of the vendors goods or services Experience: Use and success of the product(s) and/or services in school districts or similar entities
3 Quality of the vendors goods or services
4 Extent to which the goods or services meet the district priorities
5 Vendors past relationship with the District
6 Long-term cost to the District to acquire the vendors goods or services
7
Extent to which the vendor agrees to our Standard Form of Agreement embedded herein as Appendix A. By Signing the Agreement and EDGAR Certification forms, you assent to the Terms and Conditions of Fort Bend ISD
8 Insurance requirements: Vendor meets the requirements and included a copy of the Certificate of Insurance in your proposal
9 Vendors principal place of business is in the state of Texas, or employs 500 people in this state
TOTAL
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SPECIAL TERMS & CONDITIONS/BID SPECIFICATIONS Scope of Services Fort Bend Independent School District is the seventh largest district in Texas with close to 76,000 students and one of the most diverse school districts in the nation. Working and learning cohesively alongside families who speak more than 90 languages and dialects, Fort Bend ISD works together with students, their families and the community to address each student's unique needs. FBISD currently has 81 campuses: 11 high schools, 15 middle schools, 51 elementary campuses and 3 unique secondary campuses to address the academic and vocational interests of students. With close to 10,000 full-time employees and substitutes, the District is the largest employer in Fort Bend County. Fort Bend ISD is committed to its mission to inspire and equip all students to pursue futures beyond what they can imagine. FBISD seeks to provide a holistic approach to recess by proving student instruction and support while also offering teachers the opportunity to grow professionally and develop as leaders who positively impact the lives of students, during recess. We strive to see results in academic innovation and improved student achievement; elementary students will be enriched both academically and socially. Fort Bend ISD will focus on the needs of the whole child, including their mental, physical, and emotional needs, by creating an environment where students feel healthy, safe, engaged, supported, and challenged. To build and foster this positive school culture, an emphasis on providing quality programming that aligns with educating the whole child is crucial. Fort Bend ISD has determined that additional services are required at identified elementary campuses to positively engage students during recess and create an environment that supports movement, discovery, and leadership. Objective:
The district's objective is to provide elementary campuses with an enrichment program during the school day that can support and provide training and services for a high-functioning recess and movement opportunities both on the playground and in the classrooms. The program will help to develop a positive school culture through safe and meaningful play. The district will support the implementation and monitoring of the services and will evaluate the success of the program based on culture surveys and discipline referral data.
Recess Coaching Services include:
• Provide play based strategies for engagement in all classrooms • Provide conflict resolution strategies for all K-5th teachers and students • Provide multiple diverse and engaging play opportunities for all students during recess • Implement a student leadership program for students that provides opportunities for students to serve as
campus role models for their peers • Provide an onsite instructor at least once week every four weeks to facilitate recess and build capacity
with teachers • Provide evaluation tool to assess the success of the programs and assist with data collection and analysis
Deliverables: The desired deliverables for this project include:
• Multiple professional learning opportunities focused on conflict resolution, creating a safe and healthy
environment, and play-based strategies throughout the school year • Daily in-person recess coaching during the school day provided by the vendor
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• Quarterly data reports indicating the success of the program• Develop an end of year culture evaluation tool that assesses the impact of the program and provide results
to elementary campus principals and district leaders
Academic and Educational Requirements:
1. Proposer must prove through documentation and references that its recess program has been utilizedsuccessfully in multiple Title 1 schools.
2. Proposer must provide evidence that they implement research-based strategies for developing conflictresolution skills and creating a positive school culture.
3. Proposer must provide on-going professional development for campus staff and administrators during theterm of the contract. This professional development includes initial staff training inAugust/September 2019 on the overall goals of the program, as well as how to effectively implementconflict resolution skills and play-based strategies for students.
General Requirements:
1. If the Proposer has been awarded previous business with FBISD, the proposer should describe the nature of the business and name an individual at FBISD for reference.
2. Proposer must include evidence of its financial strength and stability through the presentation of such items as annual reports, Dun & Bradstreet reports, or confidential release of private financial statements and balance sheets.
Evaluation of Proposals:
Proposals will be evaluated in accordance with the Texas Education Code 44.031
Purchasing and Acquisition, Fort Bend ISD Policy CH (Legal)Purchasing and Acquisition, Fort Bend ISD Policy CH (Local)
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PROPOSAL PRICING
Respondent must complete the open boxes using information supplied in the previous section (Deliverables). A separate chart can be included for each priority for which the vendor is submitting materials for consideration.
This form is required for the Bid to be considered. Type or print the responses VERY CLEARLY
Bidder:
II. Related ServicesWhat percentage discount could you offer FBISD off your pricing on services not listed?(If this line is left blank, it will be considered a “NO BID”. Please fill in the percentage discount even if itis 0%). ________Discount %
III. Payment Information: Please provide your payment remit address:
IV. Please provide an email address where purchase orders can be sent
Email:
Pricing Requirements:
Pricing submissions must include:
• Indicate priority area(s) of your product/material and include a separate pricing chart for eachpriority area
• Product pricing structures• Training pricing structures• Customer support and technical support costs• Include any fees associated with integration with a learning management system• Cost of ancillary products and/or resources, including training materials• Estimated Travel Expenses• Other Expenses
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
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PRICE DELIVERY SHEET
Priority – TITLE OF PRIORITY AREA HERE
Description (Including, but not limited to the following options)
Cost
Pricing Structures for Products Include pricing package options: - Per Student Cost- Per Campus Cost- Per District Cost
Include any discount options: - Bulk purchase- Multi-year contract- Bundled product pricing
Included any fees associated with integration with a learning management system
Pricing Structures Customer Support/Technical Support
Include support package pricing options: - Consultant(s)- Project Manager- Single Training (for TOT model)- Multiple Trainings
Pricing Structures for Training Include menu of training options: - Single Training (for TOT model)- Multiple Trainings- Year-to-year Service Packages- Update Training- Webinars- Various Audiences: Teachers, Support Staff,
Technical Staff
Pricing for Additional Materials or Services
Include options: - Additional Product Materials- Travel expenses
Other Expenses Include explanation of other expenses
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
REFERENCES
Recess Coaching Services
Please provide at least five (5) non-Fort Bend ISD references (company name, address, phone number, email address and contact person) that have used your company for services, Fort Bend ISD is requesting in this RFP. List those companies that have used your services in the last 1-5 years. Please type the information to ensure it is clear, legible and current.
References will be contacted via email with a deadline. If no response is received by the deadline, there will be points deducted in this section of the Evaluation Criteria.
1. Company Name
Company Representative
Phone # Fax #
Email Address
2. Company Name
Company Representative
Phone # Fax #
Email Address
3. Company Name
Company Representative
Phone # Fax #
Email Address
4. Company Name
Company Representative
Phone # Fax #
Email Address
1. Company Name
Company Representative
Phone # Fax #
Email Address
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
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QUESTIONNAIRE
Recess Coaching Services
PROPOSER: 1. Did you include one (1) original, and one (1) paper copy and one (1) electronic copy on flash
drive? Yes □ No □
QUALITY & PERFORMANCE 2. Can you meet all bid specifications? Yes □ No □ INSURANCE
3. Have you included your Certificate of Insurance with you proposal submission? Yes □ No □ 4. Does your company meet the insurance standards outlined in this proposal? Yes □ No □
ADDITIONAL 5. Did you include the most recent up to date references with email addresses in this packet? □ Yes □ No References will be checked, email addresses need to be current. 6. List notification procedures to take if FBISD experiences unsatisfactory service? _____________________________________________________________________ 7. Does your company agree with the terms and conditions that are listed in Appendix A – Agreement of
Services? □ Yes □ No If NO, please provide why: _____________________________ ________________________________________________________________________________ 8. Did you attach the completed & signed Form 1295 with your submittal? □ Yes □ No 9. Did you submit a brief company background description with similar size projects within the last five
years? □ Yes □ No 10. Did you attach signed EDGAR Certification Forms with your submittal? □ Yes □ No
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
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VENDOR ACH/DIRECT DEPOSIT AUTHORIZATION FORM
Check One: NEW Direct Deposit CHANGE Direct Deposit CANCEL Direct Deposit
VENDOR/ PAYEE INFORMATION
NAME: ADDRESS:
COMPANY PERSON'S NAME (if other than payee): TELEPHONE NUMBER: ( )
EMAIL ADDRESS: (Required for notification of payments) FAX NUMBER: ( )
FINANCIAL INSTITUTION INFORMATION BANK NAME:
BANK ADDRESS:
ACH COORDINATOR NAME:
TELEPHONE NUMBER: ( )
NAME ON BANK ACCOUNT: BANK ACCOUNT NUMBER: NINE-DIGIT ROUTING/TRANSIT NUMBER:
Type of Account (circle one): Checking Savings
I certify that the information provided on this form is correct, and I hereby authorize Fort Bend ISD Accounts Payable Department to electronically deposit payments to the bank account designated above. It is my responsibility to notify the FBISD Accounts Payable Department (281)634-1173 immediately if I believe there is a discrepancy between the amount deposited to my bank account and the amount of the invoice(s) paid. Please allow ten (10) business days for processing. I understand that I must notify the FBISD Accounts Payable department in writing immediately of any changes in status or banking information.
NAME OF AUTHORIZED REPRESENTATIVE: TITLE:
SIGNATURE OF AUTHORIZED REPRESENTATIVE: DATE:
FOR FBISD USE ONLY: Entered Date Verified Date Initials Initials
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
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CERTIFICATE OF RESIDENCY The State of Texas has passed a law concerning non-resident contractors. This law can be found in Texas Education Code under Chapter 2252, Subchapter A. This law makes it necessary for Fort Bend ISD to determine the residency of its proposers. In part, this law reads as follows: “Section: 2252.001 (3) ‘Non-resident bidder’ refers to a person who is not a resident. (4) ‘Resident bidder’ refers to a person whose principal place of business is in this state, including a contractor
whose ultimate parent company or majority owner has its principal place of business in this state. Section: 2252.002
A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident’s principal place of business is located.”
I certify that (Name of Company Bidding) is, under Section: 2252.001 (3) and (4), a Resident Bidder Non-resident Bidder My or Our principal place of business under Section: 2252.001 (3) and (4), is in the city of in the state of Signature of Authorized Representative Print Name Title Date
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
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CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of a Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instruction.
3) The undersigned shall require that the language of this certification be included in the award documents
for all sub awards at all tiers (including subcontracts, sub grants and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, US Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. __________________________________ ___________________________________ Company Authorized Representative (Print) __________________________________ ____________________________________ Signature Date
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
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RESPONSE FORM
RETURN ONLY IF YOU CHOOSE NOT TO SUBMIT A RESPONSE TO THIS SOLICITATION
Please Print
Whereas on the ___________ day of ____________________, 2019 (print name of company)
__________________________________________________________________________
has reviewed Fort Bend ISD’s solicitation RFP No. 19-090LB and elects not to submit a bid/proposal:
State Reason for “No bid”:________________________________________________________
_____________________________________________________________________________
______________________________________________
Street Address
______________________________________________
City, State, Zip Code
______________________________________________
Telephone/Fax Number
______________________________________________
Name of Authorized Individual
___________________________________________
Signature of Authorized Individual
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PROPOSAL SUBMISSION FORM
Please Print
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
Whereas on the _____________ day of _____________________________, 2019 (print name of company)
___________________________________________________________________________ has reviewed
RFP No.19-090LB and has responded in accordance with the terms and conditions which are incorporated herein as part of this Solicitation. A copy may be obtained at http://www.fortbendisd.com/cms/lib09/TX01917858/Centricity/Domain/44/general-provisions-for-purchasing-solicitations-and-contracts.pdf Or by contacting the Fort Bend ISD Buyer listed on the cover sheet. Any exception to the terms and conditions must be included in the Proposer’s response. Texas Education Code 44.031 Purchasing and Acquisition, Fort Bend ISD Policy CH (Legal)
Purchasing and Acquisition, Fort Bend ISD Policy CH (Local):
______________________________________
_____________________________________
Street Address City, State, Zip Code
______________________________________
_____________________________________
Telephone Number Fax Number
______________________________________
______________________________________
Name of Authorized Individual Signature of Authorized Individual
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DISTRICT PURCHASE ORDER POLICY AGREEMENT Items and/or services are to be delivered/rendered to Fort Bend Independent School District ONLY when your company has received a district approved purchase order. Under no circumstances, should items and/or services be provided to the District without a properly drawn District purchase order. If your company provides any item and/or service without a properly drawn District purchase order, you are NOT GUARANTEED PAYMENT and the item and/or service you are provided could be constituted as a donation to the district. Please inform any staff member that handles the Fort Bend Independent School District account of these procedures.
You MUST sign this document as acknowledgement that you understand this policy. ________________________________________________________________ _________________ Print Name Signature Date
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Certificate of Interested Parties (Form 1295 – must be filled out electronically with the Texas Ethics
Commission online filing application, printed out, signed and attached to proposal)
FBISD is required to comply with House Bill 1295, which amended the Texas Government Code by adding
Section 2252.908, Disclosure of Interested Parties. Section 2252.908 prohibits FBISD from entering into a
contract resulting from this RFP with a business entity unless the business entity submits a Disclosure of
Interested Parties (Form 1295) to FBISD at the time business entity submits the signed contract. The Texas
Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the
Texas Ethics Commission. The following definitions apply:
(1) “Business Entity” means an entity recognized by law through which business is conducted,
including a sole proprietorship, partnership, or corporation. TEX. GOV’T CODE § 2252.908(1).
(2) “Interested Party” means a person:
a) who has a controlling interest in a business entity with whom FBISD contracts; or
b) who actively participates in facilitating the contract or negotiating the terms of the contract,
including a broker, intermediary, adviser, or attorney for the business entity. TEX. GOV’T CODE
§ 2252.908(3).
(3) “Controlling interest” means:
a) an ownership interest or participating interest in a business entity by virtue of units,
percentage, shares, stock, or otherwise that exceeds 10 percent;
b) membership on the board of directors or other governing body of a business entity of which
the board or other governing body is composed of not more than 10 members; or
c) service as an officer of a business entity that has four or fewer officers, or service as one of
the four officers most highly compensated by a business entity that has more than four officers.
TEX. ETHICS COMM. RULE 46.3(c).
(4) “Intermediary” means a person who actively participates in the facilitation of the contract or
negotiating the contract, including a broker, adviser, attorney, or representative of or agent for the
business entity who:
a) receives compensation from the business entity for the person’s participation;
b) communicates directly with the governmental entity or state agency on behalf of the business
entity regarding the contract; and
c) is not an employee of the business entity. TEX. ETHICS COMM. RULE 46.3(e).
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As a “business entity,” all vendors must:
(1) Complete Form 1295 electronically with the Texas Ethics Commission using the online filing
application, which can be found at
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
- All vendors must complete Form 1295, even if no interested parties exist
- In Section 2, insert “Fort Bend Independent School District”
- In Section 3, insert the FBISD RFP # for this proposal
(2) Print a copy of the completed form (make sure that it has a computer-generated certification
number in the “Office Use Only” box)
(3) Have an authorized agent of the business entity sign the form
(4) Submit the completed, signed, Form 1295, with the certification of filing, by attaching the form to
your proposal
FBISD must acknowledge the receipt of the filed Form 1295 by notifying the Texas Ethics Commission of
the receipt of the filed Form 1295 no later than the 30th day after the date the contract binds all parties to the
contract. After FBISD acknowledges the Form 1295, the Texas Ethics Commission will post the completed
Form 1295 to its website with seven business days after receiving notice from FBISD.
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Appendix A
Agreement of Services This Agreement for Services (“Agreement”) is entered into between the Fort Bend Independent School District (“FBISD”) and _________ (“Contractor”). FBISD and Contractor may be referred to singularly as a “Party” and collectively as the “Parties.”
1. AGREEMENT DOCUMENTS: This Agreement shall consist of the following Agreement Documents, which are incorporated herein by reference for all purposes, and in the event of a conflict or inconsistency between or among the Agreement Documents, except as otherwise provided herein, the conflict or inconsistency shall be resolved by giving precedence in the follows::
a. The body of this Agreement; b. Exhibit A – Detailed Description of Services; c. The Terms and Conditions of the RFP 19-090LB solicitation documents and addenda, if any. d. The proposal document submitted by Contractor in response to RFP 19-090LB. e. Fort Bend I.S.D. Insurance Requirements; f. Contractor Certification; g. Conflict of Interest Disclosure; h. Felony Conviction Notice; i. Debarment and Suspension Certification; j. FBISD Data Protection Addendum (if applicable); k. FBISD’s General Provisions for Purchasing Solicitations and Contracts (available at
http://www.fortbendisd.com/docs/purchasing/general-provisions-for-purchasing-solicitations-and-contracts.pdf );
2. TERM: The term of this Agreement (“Term”) will begin on _________ and end on __________, unless terminated earlier pursuant to the terms of this Agreement or extended by mutual written agreement of the Parties. FBISD shall have the option to extend this Agreement for a maximum of 5 years.
3. SERVICES: FBISD agrees to contract with the Contractor and the Contractor agrees to personally perform in a manner satisfactory to the District the following services: (“Services”):
Recess Coaching Services
[The Services are more fully detailed in Exhibit A, which is attached and incorporated by reference for all purposes. In the event of any inconsistency between Exhibit A and this Agreement, this Agreement shall prevail.]
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4. COMPENSATION: DO NOT COMPLETE THIS SECTION This is not a fixed price contract and will be performed on a service-order basis. FBISD will pay Contractor an amount not to exceed $ ____ (based on service order form(s) to be completed and signed by the Parties, a version of which will be provided to Contractor by FBISD). FBISD will engage Contractor on an “as-needed if needed” basis and does not guarantee the purchase of any quantity or dollar amount of Services. PAYMENT TERMS: Payment to Contractor shall be made only after services are performed and not before. Advance payment to Contractor is strictly prohibited. Contractor shall submit detailed invoices to FBISD describing the Services rendered, the times when such Services were performed, compensable expenses and the amount due. FBISD will pay undisputed amounts within thirty (30) days of receiving acceptable invoices, and payment may not be deemed overdue until the 31st day after the later of: (1) the date the services are performed under this Agreement or (2) the date FBISD receives an invoice. Payment terms, including the rate of interest that shall accrue on any overdue payments, are subject to Chapter 2251 of the Texas Government Code. For purposes of Texas Government Code §2251.021(a) (1) and §2251.021(a) (2), the date the performance of service is completed, and the date goods are received, is the date when the District's representative approves the invoice.
Contractor shall submit separate invoices, in duplicate, on each purchase order after each delivery and/or project completed. Invoices shall indicate the purchase order number, BID#. Invoices shall be itemized. If applicable, a copy of the bill of lading should be attached to the invoice and mailed to FBISD at the address specified on the purchase order. No charge or addition to the accepted price shall be made by the contractor for delivering, placing, or invoicing product(s). Payment shall not be due until all items on the purchase order have been received by FBISD (unless specified in the specifications) or the project has been completed, the above instruments are submitted and the invoice has been accepted by FBISD. Invoices are to be submitted to:
Fort Bend ISD ATTN: Accounts Payable P.O. Box 1004 Sugar Land, Texas 77487-1004
All prices shall be F.O.B. destination. Funds for completed purchase orders concerning this contract will be available within thirty (30) days of completion and acceptance by the district.
FBISD will reimburse Contractor only for those reasonable travel and miscellaneous expenses incurred as a result of an explicit request by FBISD in rendering the Services. Expenses will be reimbursed in a timely manner upon presentation by Contractor of an invoice with supporting receipts. Business mileage will be reimbursed at the current IRS-approved mileage rate. All reimbursable travel and expenses by Contractor, if any, must be approved in advance by FBISD and should be computed in accordance with FBISD procedure and applicable grant guidelines. Contractor shall be solely responsible for all non-reimbursed business expenses.
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5. CONTRACTOR’S STATUS AND RESPONSIBILITIES: In performing the Services, Contractor will be deemed an independent contractor and not FBISD’s agent or employee. This Agreement will not be construed to create any partnership, joint venture or other similar relationship between the Parties. As an independent contractor, Contractor will be solely responsible for determining the means and methods for performing the Services and shall furnish all tools, materials, transportation and personal incidentals necessary in the performance of the Services. Contractor shall be responsible for any and all applicable social security and personal income taxes which may become due as a result of any payments made by FBISD hereunder and Contractor shall indemnify and hold FBISD harmless in this regard. Before invoicing FBISD for Services, Contractor will complete and submit an Internal Revenue Service (“IRS”) Form W-9. Contractor shall perform the Services in strict accordance with this Agreement and in accordance with the highest standards of care, skill, diligence and professional competence applicable to contractors engaged in providing similar services.
6. PROVISIONS RELATED TO FEDERAL CONTRACTORS (EDGAR): This section is applicable only for services to be paid with federal funds. If federal funds will be used to pay for Services under this Agreement, the Parties understand and agree that this Agreement is subject to appropriation, approval, and disbursement of such funding by the United States federal government and its funding administrators, including, but not limited to, the Texas Education Agency. As applicable, the Parties agree to comply with any terms, conditions, and policies related to the use of federal funds, including, but not limited to, the Education Department General Administrative Regulations (“EDGAR”) and any other requirements related to applying for, receiving, managing, and reporting federal funds. Contractor shall complete the “EDGAR Certification” attached as Exhibit G and incorporated by reference. Noncompliance or misrepresentation regarding this certification may be grounds for termination of this Agreement. Notwithstanding any contrary provision of this Agreement, if FBISD does not receive sufficient funding for Services under this Agreement, upon written notice to Contractor, FBISD may terminate this Agreement without penalty or further obligation to Contractor at the end of the period for which funding is available.
All services contracts paid with federal grants shall be effective only during the period of availability of the funds identified in the Notice of Grant Award (“NOGA”). This Agreement is effective only after the NOGA is issued. This agreement identifies and lists only reasonable, necessary, and allocable services to be provided during the period of availability of the funding sources listed in the contract. The administrative costs charged to the grant in the contract must comply with any limitations for administrative costs for funding sources (if applicable).
7. INTELLECTUAL PROPERTY: Contractor represents that it has all intellectual property rights necessary to enter into and perform its obligations in this Agreement.
8. OWNERSHIP OF WORK PRODUCT: All work product, including any concepts, products, software, research, reports, studies, data, photographs, negatives or other documents, drawings or materials prepared by Contractor in the performance of its obligations under this Agreement will be deemed
Rev 3/17 Page 25
works for hire and the exclusive property of FBISD. Contractor shall deliver all such materials to FBISD upon completion, termination or cancellation of this Agreement. Any programs, data or other materials furnished by FBISD for use by Contractor in connection with the Services performed under this Agreement will remain FBISD’s property.
9. INDEMNITY: To the fullest extent permitted by law, Contractor shall indemnify and hold harmless FBISD and each of its trustees and employees from and against all liability, loss, expense (including reasonable litigation costs and attorney fees), or claims for injury or damages arising out of the performance of this Agreement (collectively, “Claim”) to the extent the Claim arises from the negligence, willful act, breach of contract or violation of law by Contractor, its employees, contractors or subcontractors.
10. INSURANCE: Unless an appropriate FBISD representative agrees to waive the requirements by initialing the designated space near the signature block below, Contractor shall comply with all of FBISD’s insurance requirements, as reflected in the attached document entitled Fort Bend I.S.D. Construction Bond and Insurance Requirements, attached as Exhibit B and incorporated by reference. Contractor shall provide Certificates of Insurance evidencing the Insurance Requirements prior to the start of work.
11. INSPECTION AND ACCEPTANCE OF SERVICE: FBISD reserves the right to inspect the Services provided under this Agreement at all reasonable times and places during the Term. If any of the Services do not conform to the requirements set forth in this Agreement, FBISD may (i) require Contractor to perform the Services again in conformity with such requirements, with no additional charge to FBISD; or (ii) equitably reduce payment due Contractor to reflect the reduced value of the Services performed. These remedies do not limit other remedies available to FBISD in this Agreement or otherwise available at law.
12. COMPLIANCE: Contractor agrees to observe and abide by all applicable local ordinances and state and
federal laws, including but not limited to, the Americans with Disabilities Act; Section 504 of the 1973 Rehabilitation Act; Executive Orders 11246 and 11375 regarding Equal Employment Opportunity, as supplemented in Department of Labor Regulations; the Family Educational Rights & Privacy Act; and Title IX of the Education Amendments of 1972. Contractor further agrees to observe and abide by all FBISD policies and procedures, which can be accessed online at http://pol.tasb.org/Home/Index/483.
13. CONFIDENTIALITY; DATA PROTECTION: Contractor and each of the Contractor’s employees must agree to abide by the confidentiality provisions surrounding the use and dissemination of student educational records and information as contained in the federal Family Educational Rights & Privacy Act (FERPA). Contractor also agrees that he/she may be held professionally and personally liable for violation of this Act. Subject to the Texas Public Information Act (TPIA) and any similar legal requirements which may require FBISD to release documents and other information, neither Party shall disclose any confidential information obtained from the other Party without such Party’s prior written approval. As applicable, Contractor shall maintain and process all information it receives in compliance with all applicable data protection/privacy laws and regulations and FBISD policies.
Contractor acknowledges that FBISD is subject to the TPIA. As such, upon receipt of a request under the TPIA, FBISD is required to comply with the requirements of the TPIA. In the event that the request involves documentation that Contractor has clearly marked as confidential and/or proprietary, FBISD
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will provide Contractor with the required notices under the TPIA. Contractor acknowledges that it has the responsibility to brief the Texas Attorney General's Office on why the documents identified as confidential and/or proprietary fall within an exception to public disclosure.
If applicable, and notwithstanding any provision of this Agreement to the contrary, Contractor shall comply with the requirements of the FBISD Data Protection Addendum with respect to any District electronic data made available to Contractor under this Agreement.
14. PUBLICITY: Contractor shall not use FBISD’s name, logo or other likeness in any press release, marketing material or other announcement without FBISD’s prior written approval.
15. SUBCONTRACTORS: If Contractor is permitted to subcontract any of the Services, Contractor shall ensure that each subcontractor complies with all provisions of this Agreement. Contractor will remain liable for the acts and omissions of such subcontractor(s) and the proper performance and delivery of the Services.
16. BONDS: If applicable to the Services and this Agreement, Contractor shall secure payment and/or performance bonds in accordance with Section 2253.021 of the Texas Government Code upon executing this Agreement.
17. AUDIT: Execution of this Agreement constitutes Contractor’s acceptance of the authority of FBISD’s internal and external auditors, the Texas Education Agency, the Comptroller General of the United States, or any of their duly authorized representatives (collectively, “Auditor”) to conduct audits or investigations in connection with this Agreement. Contractor agrees to cooperate with the Auditor conducting such audits or investigations and to provide the Auditor access to any books, documents, papers, and records of Contractor, which are directly pertinent to this Agreement, for the purpose of making audit, examination, excerpts, and transcriptions. Contractor agrees to maintain all records pertinent to this Agreement for five years after FBISD has made final payment and all other pending matters related to this Agreement are closed.
18. TIME IS OF THE ESSENCE: Time is of the essence in the performance of this Agreement.
19. TERMINATION FOR CAUSE: A Party will be in default of this Agreement if such Party fails to comply with any obligation in this Agreement and such failure continues for ten (10) days after receiving written notice from the non-defaulting Party. In the event of default, the non-defaulting Party, upon written notice to the defaulting Party, may terminate this Agreement for cause as of the date specified in the notice, and may seek other relief as provided by law. In the event of termination prior to completion of the Agreement, the Contractor shall be entitled to just and equitable compensation for any satisfactory work completed to the date of termination.
20. TERMINATION FOR CONVENIENCE: FBISD may terminate this Agreement in writing at any time upon providing at least thirty (30) days written notice to Contractor. The Contractor will be paid an amount, which bears the same ratio to the total compensation as the services actually performed to the total services of this Agreement, less any compensation previously paid.
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21. FORCE MAJEURE: Either Party’s failure to perform its obligations hereunder shall not be deemed a
breach of this Agreement if such failure is due to fire, war, civil unrest, terrorist action, governmental regulations, acts of Nature, or other causes beyond the reasonable control of the Party claiming force majeure.
22. NOTICE: Any notice required or permitted by this Agreement must be in writing and addressed to the Party at the address set forth below, or such other address as is subsequently specified in writing. Notices will be effective as the date: (i) delivered by hand, (ii) delivered by national courier service or Registered/Certified Mail, postage prepaid, return receipt requested, or (iii) received by facsimile.
23. FUNDING CONTINGENCY: Notwithstanding any contrary provision of this Agreement, each payment obligation of FBISD created by this Agreement is conditioned upon the availability of funds that are appropriated or allocated for the payment of Services. If such funds are not allocated and available, this Agreement may be terminated by FBISD at the end of the period for which funds are available. FBISD shall notify Contractor at the earliest possible time before such termination. No penalty shall accrue to FBISD in the event this provision is exercised, and FBISD shall not be obligated or liable for any future payments due or for any damages as a result of termination under this section. This provision shall not be construed so as to permit FBISD to terminate this Agreement in order to purchase similar services from another party.
24. CONTRACTOR REPRESENTATIONS: If Contractor is a business entity, it represents that: (i) it is duly organized, validly existing and in good standing under the laws of the state of its organization; (ii) it is authorized and in good standing to conduct business in the State of Texas; (iii) it has all necessary power and has received all necessary approvals to execute and perform its obligations in this Agreement; and (iv) the individual executing this Agreement on behalf of Contractor is authorized to do so.
25. CONTRACTOR CERTIFICATION: Contractor shall complete the “Contractor Certification” regarding the criminal history of covered employees, attached as Exhibit C and incorporated by reference herein. Noncompliance or misrepresentation regarding this certification may be grounds for termination of this Agreement.
To Fort Bend ISD
Dept Name Purchasing Department
Attn: ___________________________________
Address: 555 Julie River Drive
Sugar Land, Texas 77478
With a copy to: Legal Department 16431 Lexington Blvd. Sugar Land, TX 77479
To Contractor
________________________________________
Attn: ___________________________________
Address: ________________________________
________________________________________With a copy to _______________________________________
Attn: ____________________________________
Address: _________________________________
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26. CONFLICT OF INTEREST DISCLOSURE: Prior to and as a condition of doing business with FBISD, Contractor shall complete a Conflict of Interest Disclosure Form, attached hereto as Exhibit D and incorporated by reference herein, and shall disclose any business relationship, past or present, with a sitting Board member or FBISD employee. Failure to disclose the existence of any such relationship may be grounds for termination of this Agreement.
27. FELONY CONVICTION NOTICE: Texas Education Code 44.034(a), Notification of Criminal History states,
“a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony.” Subsection (b) states “a school district may terminate a contract with a person or entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract.” This notice is not required of a publicly-held corporation. If notice is required of Contractor, then Contractor shall complete a Felony Certification Form, attached hereto as Exhibit E and incorporated by reference herein.
28. DEBARMENT OR SUSPENSION: Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits
non-federal entities from contracting with or making sub awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non-procurement transactions (e.g., sub awards to sub recipients). Contractors receiving individual awards of $25,000 or more and all sub recipients must certify that their organization and its principals are not suspended or debarred by a federal agency. If certification is required of Contractor, then Contractor shall complete a Suspension and Debarment Certification, attached hereto as Exhibit F and incorporated by reference herein.
29. RELATIONSHIPS WITH FOREIGN ENTITIES: In accordance with Texas Government Code Chapter 2252, Subchapter F, Contractor certifies that it is not a company identified on the Texas Comptroller’s list of companies known to have contracts with, or provide supplies or services to, the Government of Iran, the Government of Sudan, or a foreign organization designated as a Foreign Terrorist Organization by the U.S. Secretary of State. Contractor further certifies and verifies that, pursuant to Texas Government Code Chapter 2270, neither Contractor, nor any affiliate, subsidiary, or parent company of Contractor, if any (the “Contractor Companies”), boycotts Israel, and Contractor agrees that Contractor and Contractor Companies will not boycott Israel during the term of this Agreement.
30. WAIVER: Waiver by either Party of a breach or violation of any provision of this Agreement will not operate as a waiver of any subsequent breach. Nothing in this Agreement shall be construed as a waiver or relinquishment of any governmental immunities or defenses on behalf of FBISD, its trustees, officers, employees, and agents as a result of the execution of this Agreement or performance of the functions or obligations described herein.
31. SURVIVAL: Termination or expiration of this Agreement will not affect the Parties’ rights or obligations that, by their nature and context, are intended to survive termination or expiration.
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32. ELECTRONIC DELIVERY: Execution and delivery of this Agreement by exchange of email or fax copy containing the signature of a Party will constitute a valid and binding execution and delivery of this Agreement by such Party.
33. LIMITATIONS: Terms and conditions of this Agreement will only be binding on FBISD to the extent permitted by the Constitution and laws of the State of Texas.
34. GOVERNING LAW; VENUE: This Agreement shall be governed by the laws of the State of Texas without
regard to choice of law principles. In the event of any suit or action arising from this Agreement, the Parties consent to mandatory and exclusive jurisdiction of the courts in Fort Bend County, Texas.
35. MISCELLANEOUS: This Agreement, together with any Attachment(s), constitutes the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all prior contracts, agreements, representations and understandings made by the Parties relating to such subject matter. This Agreement may not be amended or otherwise modified except by the written agreement of both Parties. Contractor may not assign this Agreement without FBISD’s prior written consent. The invalidity or unenforceability of any provision(s) of this Agreement will not impair the validity and enforceability of the remaining provisions.
Insurance Requirements Waiver – IF the Insurance Requirements are not applicable to the Services or if FBISD otherwise chooses to waive such requirements for purposes of this Agreement, the appropriate FBISD representative may waive the requirements by initialing here: →
Otherwise, Contractor must satisfy the Insurance Requirements specified in this Agreement.
By signing below, Contractor acknowledges that FBISD does not provide insurance coverage for Contractor or its employees. Contractor does_____ or does not _____ carry workers’ compensation coverage for its employees.
By signing below, Contractor certifies that he or she is not an employee of the District. This includes individuals that are not: (a) currently working due to the District’s break/holiday for students and employees; (b) a substitute employee for the District; or (c) a business owned or operated by a District employee.
As the requestor for these contracted services, I understand and approve the terms of this contract, and assure that contracted services have not begun before a purchase order has been issued.
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FORT BEND INDEPENDENT SCHOOL DISTRICT
By: _____________________________ _______________________
Charles E. Dupre, Ed.D. Date
CONTRACTOR
By: _____________________________ _______________________
Signature Date
(Note: If the Contractor will earn $50,000 or more during any twelve-month period, then this Contract must be approved by the Board of Trustees.)
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
Addendum to Agreement for Services
1
FBISD Data Protection Addendum v2.1
1. Definitions.
a. “Brand Features” means the trade names, trademarks, service marks, logos, domain
names, and other distinctive brand features of each Party, respectively, as secured by such
Party from time to time.
b. “District Data” includes all Personally Identifiable Information and other information that
is not intentionally made generally available by the District on public websites or
publications, including but not limited to business, administrative and financial data,
intellectual property, and student and personnel data and metadata, as well as any de-
identified, aggregated, or otherwise anonymized data derived from such data.
c. “End User” means the individuals authorized by the District to access and use the Services
provided by the Contractor under this Agreement.
d. “Personally Identifiable Information” (or PII) includes but is not limited to: personal
identifiers such as name, address, phone number, date of birth, Social Security number,
and student or personnel identification number; personally identifiable information
contained in student education records as that term is defined in the Family Educational
Rights and Privacy Act, 20 USC 1232g, as amended (“FERPA”); “personal information”
as that term is defined in the Children’s Online Privacy Protection Act of 1998 (“COPPA”);
“personal information” as that term is defined in the Protection of Pupil Rights Amendment
(“PPRA”); “personally identifiable information” as that term is defined in the Individuals
with Disabilities Education Act, as amended (“IDEA”); “protected health information” as
that term is defined in the Health Insurance Portability and Accountability Act, 45 CFR
Part 160.103 (“HIPAA”); nonpublic personal information as that term is defined in the
Gramm-Leach-Bliley Financial Modernization Act of 1999, 15 USC 6809 (“GLB”); credit
and debit card numbers and/or access codes and other cardholder data and sensitive
authentication data as those terms are defined in the Payment Card Industry Data Security
Standards (“PCI-DSS”); other financial account numbers, access codes, driver’s license
numbers; and state- or federal-identification numbers such as passport, visa or state identity
card numbers.
e. “Securely Destroy” means taking actions that render data written on physical (e.g.,
hardcopy, microfiche, etc.) or electronic media unrecoverable by both ordinary and
extraordinary means. These actions must meet or exceed those sections of the National
Institute of Standards and Technology (NIST) SP 800-88r1 guidelines relevant to data
categorized as high security.
f. “Security Breach” means an event in which District Data is exposed to unauthorized
disclosure, access, alteration, or use.
g. “Mining District Data” means to search through, access, or extract District Data, metadata,
or information which is not necessary to accomplish the purpose(s) of this Agreement.
2. Rights and License in and to District Data. The Parties agree that as between them, all rights
including all intellectual property rights in and to District Data shall remain the sole and exclusive
property of the District, and Contractor has a limited, nonexclusive license as provided in this
Agreement solely for the purpose of performing its obligations hereunder. This Agreement does
not give Contractor any rights, implied or otherwise, to District Data, content, or intellectual
property, except as expressly stated in the Agreement.
3. Intellectual Property Rights/Disclosure.
a. Unless necessary to perform Contractor’s obligations under this Agreement or expressly
agreed by the District in writing, all goods, products, materials, documents, reports,
writings, video images, photographs or papers of any nature including software or
Addendum to Agreement for Services
2
computer images prepared by Contractor (or its subcontractors) for the District will not be
disclosed to any other person or entity.
b. Contractor warrants to the District that the District will own all rights, title and interest in
any and all intellectual property created by the District or created by Contractor on behalf
of the District in the performance of this Agreement and will have full ownership and
beneficial use thereof, free and clear of claims of any nature by any third Party including,
without limitation, copyright or patent infringement claims. Contractor agrees to assign
and hereby assigns all rights, title, and interest in any and all such intellectual property
created in the performance of this Agreement to the District, and will execute any future
assignments or other documents needed for the District to document, register, or otherwise
perfect such rights.
c. Notwithstanding the foregoing, for grant collaboration pursuant to subcontracts under
sponsored grants, intellectual property rights will be governed by the terms of the grant or
contract to the District to the extent such grant or contract requires intellectual property
terms to apply to subcontractors.
4. Data Privacy.
a. Contractor will use District Data only for the purpose of fulfilling its duties under this
Agreement and will not share District Data with or disclose it to any third Party without
the prior written consent of the District, except as required by law.
b. District Data will not be stored outside the United States without prior written consent from
the District.
c. Contractor will provide access to District Data only to its employees and subcontractors
who need to access the data to fulfill Contractor’s obligations under this Agreement.
Contractor will ensure that employees and subcontractors who perform work under this
Agreement have read, understood, and received appropriate instruction as to how to
comply with the data protection provisions of this Agreement. If Contractor will have
access to “education records” for the District’s students as defined under FERPA, the
Contractor acknowledges that for the purposes of this Agreement it will be designated as a
“school official” with “legitimate educational interests” in the District Education records,
as those terms have been defined under FERPA and its implementing regulations, and the
Contractor agrees to abide by the FERPA limitations and requirements imposed on school
officials. The Parties agree that: (1) the services/functions to be provided by Contractor are
services/functions for which the District would otherwise use its own employees; (2)
Contractor is under the District’s direct control with respect to Contractor’s access to and
use of the education records; and (3) Contractor is subject to the requirements of 34 C.F.R.
99.33(a) with respect to Contractor’s access to and use of the education records. Contractor
will use the education records only for the purpose of fulfilling its duties under this
Agreement for District’s and its End User’s benefit, and will not share such data with or
disclose it to any third Party except as provided for in this Agreement, required by law, or
authorized in writing by the District.
d. Contractor will not use District Data (including metadata) for advertising or marketing
purposes.
e. Contractor agrees to assist District in maintaining the privacy of District Data as may be
required by State and Federal law, including but not limited to FERPA, PRRA, IDEA, and
COPPA. Contractor shall, upon reasonable request, provide the District with a written
summary of the procedures Contractor uses to maintain the privacy of District Data.
f. Contractor is prohibited from Mining District Data for any purposes other than those agreed
to by the Parties.
Addendum to Agreement for Services
3
5. Data Security.
a. Contractor will store and process District Data in accordance with commercial best
practices, including appropriate administrative, physical, and technical safeguards, to
secure such data from unauthorized access, disclosure, alteration, and use. Such measures
will be no less protective than those used to secure Contractor’s own data of a similar type,
and in no event less than reasonable in view of the type and nature of the data involved.
Without limiting the foregoing, Contractor warrants that all electronic District Data will be
encrypted in transmission using Transport Layer Security (TLS) for all interfaces
transmitting or receiving District data (including all back-end communications and all web
interfaces) and stored at no less than 128-bit level encryption. Note: The minimum of TLS
1.1 is required (1.2 is preferred), SSL is no longer sufficient for adequate transmission
security.
b. Contractor will use industry-standard and up-to-date security tools and technologies such
as anti-virus protections and intrusion detection methods in providing Services under this
Agreement.
6. Employee and Subcontractor Qualifications.
a. Contractor shall ensure that its employees and subcontractors who have potential access to
District Data have undergone appropriate background screening, to the District’s
satisfaction, and possess all needed qualifications to comply with the terms of this
agreement including but not limited to all terms relating to data and intellectual property
protection.
b. If the Contractor must under this Agreement create, obtain, transmit, use, maintain,
process, or dispose of the subset of District Data known as Personally Identifiable
Information or financial or business data which has been identified to the Contractor as
having the potential to affect the accuracy of the District’s financial statements, Contractor
shall perform the following background checks on all employees who have potential to
access such data in accordance with the Fair Credit Reporting Act: Social Security Number
trace; seven (7) year felony and misdemeanor criminal records check of federal, state, or
local records (as applicable) for job related crimes; Office of Foreign Assets Control List
(OFAC) check; Bureau of Industry and Security List (BIS) check; and Office of Defense
Trade Controls Debarred Persons List (DDTC).
7. Data Authenticity and Integrity. Contractor will take reasonable measures, including audit trails,
to protect District Data against deterioration or degradation of data quality and authenticity.
8. Security Breach.
a. Response. Immediately upon becoming aware of a Security Breach, or of circumstances
that could have resulted in unauthorized access to or disclosure or use of District Data,
Contractor will notify the District, fully investigate the incident, and cooperate fully with
the District’s investigation of and response to the incident. Except as otherwise required by
law, Contractor will not provide notice of the incident directly to individuals whose
Personally Identifiable Information was involved, regulatory agencies, or other entities,
without prior written permission from the District.
b. Liability. In addition to any other remedies available to the District under law or equity,
Contractor will reimburse the District in full for all costs incurred by the District in
investigation and remediation of any Security Breach caused in whole or in part by
Contractor or subcontractors, including but not limited to providing notification to
individuals whose Personally Identifiable Information was compromised and to regulatory
agencies or other entities as required by law or contract; providing one year’s credit
monitoring to the affected individuals if the Personally Identifiable Information exposed
Addendum to Agreement for Services
4
during the breach could be used to commit financial identity theft; and the payment of legal
fees, audit costs, fines, and other fees imposed against the District as a result of the Security
Breach.
9. Response to Legal Orders, Demands or Requests for Data.
a. Except as otherwise expressly prohibited by law, Contractor will:
i. immediately notify the District of any subpoenas, warrants, or other legal orders,
demands or requests received by Contractor seeking District Data;
ii. reasonably consult with the District regarding Contractor’s response;
iii. cooperate with the District’s reasonable requests in connection with efforts by the
District to intervene and quash or modify the legal order, demand or request; and
iv. upon the District’s request, provide the District with a copy of its response.
b. If the District receives a subpoena, warrant, or other legal order, demand (including a
request for information pursuant to the Texas Public Information Act), or other request
seeking District Data maintained by Contractor, the District will promptly provide a copy
of the request to Contractor. Contractor will promptly supply the District with copies of
records or information required for the District to respond, and will cooperate with the
District’s reasonable requests in connection with the District’s response.
10. Data Transfer Upon Termination or Expiration.
a. Upon termination or expiration of this Agreement, Contractor will ensure that all District
Data are securely returned or destroyed as directed by the District. Transfer to the District
or a third Party designated by the District shall occur within a reasonable period of time,
and without significant interruption in service. Contractor shall ensure that such
transfer/migration uses facilities and methods that are compatible with the relevant systems
of the District or its transferee, and to the extent technologically feasible, that the District
will have reasonable access to District Data during the transition. In the event that the
District requests destruction of any District Data, Contractor agrees to Securely Destroy all
data in its possession and in the possession of any subcontractors or agents to which the
Contractor might have transferred District Data. The Contractor agrees to provide
documentation of data destruction to the District.
b. Contractor will promptly notify the District of impending cessation of its business and any
contingency plans. This includes immediate transfer of any previously escrowed assets and
data and providing the District access to Contractor’s facilities as necessary to remove and
destroy District-owned assets and data. Contractor shall implement its exit plan and take
all necessary actions to ensure a smooth transition of service with minimal disruption to
the District. Contractor will also provide a full inventory and configuration of servers,
routers, other hardware, and software involved in service delivery along with supporting
documentation, indicating which if any of these are owned by or dedicated to the District.
Contractor will work closely with its successor to ensure a successful transition to the new
equipment, with minimal downtime and effect on the District, all such work to be
coordinated and performed in advance of the formal, final transition date.
11. Audits.
a. The District reserves the right in its sole discretion to perform audits of Contractor at the
District’s expense to ensure compliance with the terms of this Agreement. The Contractor
shall reasonably cooperate in the performance of such audits. This provision applies to all
agreements under which the Contractor must create, obtain, transmit, use, maintain,
process, or dispose of District Data.
b. If the Contractor must under this Agreement create, obtain, transmit, use, maintain,
process, or dispose of the subset of District Data known as Personally Identifiable
Addendum to Agreement for Services
5
Information or financial or business data which has been identified to the Contractor as
having the potential to affect the accuracy of the District’s financial statements, Contractor
will at its expense conduct or have conducted at least annually a/an:
i. American Institute of CPAs Service Organization Controls (SOC) Type II audit,
or other security audit with audit objectives deemed sufficient by the District,
which attests the Contractor’s security policies, procedures and controls;
ii. vulnerability scan, performed by a scanner approved by the District, of
Contractor’s electronic systems and facilities that are used in any way to deliver
electronic services under this Agreement; and
iii. formal penetration test, performed by a process and qualified personnel approved
by the District, of Contractor’s electronic systems and facilities that are used in
any way to deliver electronic services under this Agreement.
c. Additionally, the Contractor will provide the District upon request the results of the above
audits, scans and tests, and will promptly modify its security measures as needed based on
those results in order to meet its obligations under this Agreement. The District may
require, at District expense, the Contractor to perform additional audits and tests, the results
of which will be provided promptly to the District.
12. Institutional Branding. Each Party shall have the right to use the other Party’s Brand Features
only as permitted under this Agreement or as approved in writing by the other Party, in advance of
such use. Any use of a Party’s Brand Features will inure to the benefit of the Party holding
intellectual property rights in and to those features.
13. Compliance.
a. Contractor will comply with all applicable laws and industry standards in performing
services under this Agreement. Any Contractor personnel visiting the District’s facilities
will comply with all applicable District policies regarding access to, use of, and conduct
within such facilities. The District will provide copies of such policies to Contractor upon
request.
b. Contractor warrants that any subcontractors used by Contractor to fulfill its obligations
under this Agreement will be subject to and will comply with each and every term of this
Data Protection Addendum in the same manner that Contractor itself is subject to the terms
of this Data Protection Addendum.
c. Contractor warrants that the service it will provide to the District is fully compliant with
and will enable the District to be compliant with relevant requirements of all laws,
regulation, and guidance applicable to the District and/or Contractor, including but not
limited to: COPPA, FERPA, PPRA, IDEA, HIPAA and Health Information Technology
for Economic and Clinical Health Act (HITECH), GLB, PCI-DSS, Americans with
Disabilities Act (ADA), as amended, and Federal Export Administration Regulations.
14. No End User Agreements. This Agreement is the entire agreement between the District (including
District employees and other End Users) and the Contractor regarding Contractor’s access to, use
of, and disclosure of District Date. In the event that the Contractor enters into terms of use
agreements or other agreements or understandings, whether electronic, click-through, verbal or in
writing, with District employees or other End Users, such agreements shall be null, void and
without effect, and the terms of this Agreement shall apply.
15. Term and Termination.
a. Term. This Addendum will become effective when the Contractor accepts the Agreement.
It will continue in effect until all obligations of the Parties have been met, unless terminated
as provided in this Section. In addition, certain provisions and requirements of this
Addendum to Agreement for Services
6
Addendum will survive its expiration or other termination in accordance with Section 16
herein.
b. Termination by the District. The District may immediately terminate the Agreement if the
District makes the determination that the Contractor has breached a material term of this
Data Protection Addendum.
c. Automatic Termination. This Addendum will automatically terminate without any further
action of the Parties upon the termination or expiration of the Agreement between the
Parties.
16. Survival. The Contractor’s obligations under Section 10 shall survive termination of this
Agreement until all District Data has been returned or Securely Destroyed.
17. Advertisement. Any and all forms of advertisement in connection with this Agreement, whether
directed towards children, parents, guardians or District employees, shall be strictly prohibited.
18. Injunctive Relief. The Parties agree that Contractor’s disclosure or use (or threat to disclose or
use) any District Data in breach of this Agreement will cause immediate and irreparable harm to
the District and the District shall be entitled to immediate injunctive relief against any actual or
threatened violation, in addition to any of its other rights and remedies. In the event of any suit or
action arising under this Section 18, Contractor consents to mandatory and exclusive jurisdiction
of the courts in Fort Bend County, Texas.
FORT BEND INDEPENDENT SCHOOL DISTRICT
By: _____________________________ _______________________ Charles E. Dupre, Ed.D. Date CONTRACTOR By: _____________________________ _______________________ Signature Date
Not Applicable _______________________ Date
Rev 3/17 Page 31
Exhibit B
INSURANCE REQUIREMENTS and CONDITIONS for Non-Construction Services
REQUIREMENTS
Type Limit
Automobile Liability (Auto) - Covering ‘Any Auto’ $1,000,000 Combined Single Limit Comprehensive General Liability (CGL) Including Products, Completed Operations, Independent Contractors, Broad Form Property Damage, Pollution and Blanket Contractual Liability coverages. XCU exclusions to be removed when underground work is performed
$1,000,000 Occurrence $2,000,000 Aggregate $1,000,000 Personal Injury $500,000 Fire Damage $5,000 Medical Payments
Professional Errors & Omissions Liability ( E&O) may be required from all contractors and licensed or certified as professionals; e.g., engineers, architects, insurance agents , physicians, attorneys, banks, financial consultants, etc.
One-time project amount. $1,000,000 Occurrence and Aggregate minimum $5,000,000 Maximum Limit Retroactive Date preceding date of contract must be shown Extended Reporting Period three (3) years past completion of contract
Workers’ Compensation (WC) Limits to comply with the requirements of the Texas Workers’ Compensation Act Employers Liability
Statutory Limits $1,000,000
Umbrella or Excess Liability Excess of primary General Liability, Automobile Liability and WC Coverage B
100% of Contract Amount for all contracts exceeding $100,000, up to $25,000,000 max
Sex Molestation/Abuse Required when service performance permits direct, unsupervised access to students.
$100,00 per claim / $300,000 aggregate
Rev 3/17 Page 32
Insurance Conditions
All insurance coverage shall be issued on an Occurrence basis (except Professional Liability) by companies acceptable to District and licensed to do business in the State of Texas by the Texas Department of Insurance. Such companies shall have a Best's Key rating of at least "A- X".
All certificates must include:
1. The location or description and the bid number, CSP number or Purchase Order number 2. A 60-day notice of cancellation of any non-renewal, cancellation or material change to any of the policies 3. "Additional Insured" on the Property, General Liability, Automobile Liability and Umbrella (Excess)
Liability policies naming the District. 4. A "Waiver of Subrogation" clause in favor of the District will be attached to the Workers Compensation,
General Liability, Automobile Liability, Umbrella Liability and the Property insurance policies. 5. In addition to certificates of insurance, copies of policy endorsements must be provided (a) listing the
District as Additional Insured, and (b) showing waivers of subrogation in favor of the District: CG2010, CG2037, CG2404, CA0070, CA0032, WC0003 or their equivalents.
All insurance must be maintained for one year following substantial completion with Certificates of Insurance provided.
Contractor shall be responsible for payment of all deductibles; the District shall approve the deductibles selected.
If any policy has aggregate limits, a statement of claims against the aggregate limits is required.
The District reserves the right to review the insurance requirements during the effective period of any contract to make reasonable adjustments to insurance coverage and limits when deemed reasonably prudent by District based upon changes in statutory laws, court decisions or potential increase in exposure to loss.
Fort Bend Independent School District 555 Julie Rivers Drive Sugar Land, TX 77479
Rev 3/17 Page 33
EXHIBIT C Contractor Certification
Introduction: Texas Education Code Chapter 22 requires entities that contract with school districts to obtain criminal history records on covered employees. Covered employees with disqualifying criminal histories are prohibited from serving at a school district. Contractors must certify to the district that they have complied and must obtain similar certifications from their subcontractors. Definitions: Covered individuals: Individual who have or will have continuing duties related to the service to be performed and have or will have direct contact with students. The District will be the final arbiter of what constitutes direct contact with students. Disqualifying criminal history: (1) a conviction or other criminal history information designated by the District; (2) a felony or misdemeanor offense that would prevent a person from obtaining certification as an educator under Texas Education Code § 21.060, including 19 Tex. Admin. Code §249.16; or (3) one of the following offenses, if at the time of the offense, the victim was under 18 or enrolled in a public school: (a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law or the laws of another state. On behalf of _________________________________________________ (“Contractor”), I certify that [check one]: [ ] None of Contractor’s employees are covered individuals, as defined above. If this box is checked, I further certify that Contractor has taken precautions or imposed conditions to
ensure that Contractor’s employees will not become covered individuals. Contractor will maintain these precautions or conditions throughout the time the contracted services are provided.
Or [ ] Some or all of Contractor’s employees are covered individuals. If this box is checked, I further certify that:
1. Contractor has obtained all required criminal history record information regarding its covered individuals. None of the covered individuals has a disqualifying criminal history.
2. If Contractor receives information that a covered individual subsequently has a reported criminal history, Contractor will immediately remove the covered individual from contract duties and notify the District in writing within three business days.
3. Upon request, Contractor will provide the District with the name and any other requested information of covered individuals so that the District may obtain criminal history record information on the covered individuals.
4. If the District objects to the assignment of a covered individual on the basis of the covered individual’s criminal history record information, Contractor agrees to discontinue using the covered individual to provide services at the District.
Noncompliance or misrepresentation regarding this certification may be grounds for contract termination. ________________________________________ ____________________________ Signature Date
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
Rev 3/17 Page 34
CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is
subject to regular examination by, and reporting to, that agency.
Local Government Code § 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
*** (2) the vendor:
(A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code § 176.006(a) and (a-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or
(3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of:
(1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or
(2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a);
(C) of a family relationship with a local government officer.
Rev 3/17 Page 35
CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity
***IF NO CONFLICT OF INTEREST, PLEASE CHECK THIS BOX**
FORM CIQ
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.
Date Received
1. Name of vendor who has a business relationship with local governmental entity.
2. Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3. Name of local government officer about whom the information is being disclosed. ______________________________________________________ Name of Officer 4. Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a) (2) (A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. (A) Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No (B) Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No
5. Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more.
6. Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts As described in Section 176.003(a) (2) (B), excluding gifts described in Section 176.003(a-1). 7. _______________________________________________ _______________________________ Signature of vendor doing business with the governmental entity Date ______________________________________________ Name of Company / Business
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
EXHIBIT D
Rev 3/17 Page 36
EXHIBIT E
FELONY CONVICTION NOTIFICATION State of Texas Legislative Senate Bill No. 1, Section 44.034, Notification of Criminal History, Subsection (a), states “a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony”. Subsection (b) states “a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The District must compensate the person or business entity for services performed before the termination of the contract”. This Notice is Not Required of a Publicly-Held Corporation. I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best of my knowledge. Vendor’s Name: Authorized Company Official’s Name (Printed): A. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable. Signature of Company Official: B. My firm is not owned or operated by anyone who has been convicted of a felony. Signature of Company Official: C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony: Name of Felon(s):
Details of Conviction(s):
Signature of Company Official:
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
Rev 3/17 Page 37
EXHIBIT F
SUSPENSION AND DEBARMENT CERTIFICATION
Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non-federal entities from contracting with or making sub awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $25,000 and all non-procurement transactions (e.g., sub awards to sub recipients). Contractors receiving individual awards of $25,000 or more and all sub recipients must certify that their organization and its principals are not suspended or debarred by a federal agency. Before an award of $25,000 or more can be made to your firm, you must certify that your organization and its principals are not suspended or debarred by a federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a federal agency. VENDOR’S NAME: _________________________________________________ Signature of Company Official:______________________________________________ Date Signed: _________________________________
Printed name of company official signing above: _____________________________
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
Rev 3/17 Page 38
EDGAR CERTIFICATIONS Addendum FOR CONTRACT FUNDED BY U.S. FEDERAL GRANT
The following certifications and provisions are required and apply when Fort Bend Independent School District (“FBISD”) expends federal funds for any contract resulting from this procurement process. Accordingly, the parties agree that the following terms and conditions apply to the Contract between the District and vendor (“Vendor”) in all situations where Vendor has been paid or will be paid with federal funds:
REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS
APPENDIX II TO 2 CFR PART 200
(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate
Pursuant to Federal Rule (A) above, when FBISD expends federal funds, FBISD reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.
Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor
(B) Termination for cause and for convenience by the grantee or sub-grantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000)
Pursuant to Federal Rule (B) above, when FBISD expends federal funds, FBISD reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Vendor in the event Vendor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. FBISD also reserves the right to terminate the contract immediately, with written notice to vendor, for convenience, if FBISD believes, in its sole discretion that it is in the best interest of FBISD to do so. Vendor will be compensated for work performed and accepted and goods accepted by FBISD as of the termination date if the contract is terminated for convenience of FBISD. Any award under this procurement process is not exclusive and FBISD reserves the right to purchase goods and services from other vendors when it is in FBISD’s best interest.
Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
Pursuant to Federal Rule (C) above, when FBISD expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein.
Does Vendor agree to abide by the above? YES ________ Initials of Authorized Representative of Vendor
EXHIBIT G
Rev 3/17 Page 39
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or sub recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.
Pursuant to Federal Rule (D) above, when FBISD expends federal funds during the term of an award for all contracts and sub-grants for construction or repair, Vendor will be in compliance with all applicable Davis-Bacon Act provisions.
Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
Pursuant to Federal Rule (E) above, when FBISD expends federal funds, Vendor certifies that Vendor will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by FBISD resulting from this procurement process.
Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or sub-recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or sub-recipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
Pursuant to Federal Rule (F) above, when federal funds are expended by FBISD, Vendor certifies that during the term of an award for all contracts by FBISD resulting from this procurement process, Vendor agrees to comply with all applicable requirements as referenced in Federal Rule (F) above.
Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor
Rev 3/17 Page 40
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and sub-grants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Pursuant to Federal Rule (G) above, when federal funds are expended by FBISD, Vendor certifies that during the term of an award for all contracts by FBISD resulting from this procurement process, Vendor agrees to comply with all applicable requirements as referenced in Federal Rule (G) above.
Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549
Pursuant to Federal Rule (H) above, when federal funds are expended by FBISD, Vendor certifies that during the term of an award for all contracts by FBISD resulting from this procurement process, Vendor certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
Pursuant to Federal Rule (I) above, when federal funds are expended by FBISD, Vendor certifies that during the term and after the awarded term of an award for all contracts by FBISD resulting from this procurement process, the vendor certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that:
(1) No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all sub-recipients shall certify and disclose accordingly.
Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor
Rev 3/17 Page 41
(J) Procurement of Recovered Materials – When federal funds are expended, FBISD and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
Pursuant to Federal Rule (J) above, when federal funds are expended by the District, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c) (3) (A) (i)), the vendor certifies, by signing this document, that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the contract will be at least the amount required by the applicable contract specifications or other contractual requirements.
Does vendor agree? YES ________ Initials of Authorized Representative of vendor
RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS
When federal funds are expended by FBISD for any contract resulting from this procurement process, Vendor certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. Vendor further certifies that it will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or sub-grantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor
CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT
When FBISD expends federal funds for any contract resulting from this procurement process, Vendor certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18).
Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor
CERTIFICATION OF EQUAL EMPLOYMENT STATEMENT
It is the policy of FBISD not to discriminate on the basis of race, color, national origin, gender, limited English proficiency or handicapping conditions in its programs. Vendor agrees not to discriminate against any employee or applicant for employment to be employed in the performance of this Contract, with respect to hire, tenure, terms, conditions and privileges of employment, or a matter directly or indirectly related to employment, because of age (except where based on a bona fide occupational qualification), sex (except where based on a bona fide occupational qualification) or race, color, religion, national origin, or ancestry. Vendor further agrees that every subcontract entered into for the performance of this Contract shall contain a provision requiring non-discrimination in employment herein specified, binding upon each subcontractor. Breach of this covenant may be regarded as a material breach of the Contract.
Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor
CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS
FBISD has a preference for domestic end products for supplies acquired for use in the United States when spending federal funds (purchases that are made with non-federal funds or grants are excluded from the Buy America Act). Vendor certifies that it is in compliance with all applicable provisions of the Buy America Act.
Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor
Rev 3/17 Page 42
CERTIFICATION OF ACCESS TO RECORDS – 2 C.F.R. § 200.336
Vendor agrees that the District’s Inspector General or any of their duly authorized representatives shall have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.
Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor
CERTIFICATION OF APPLICABILITY TO SUBCONTRACTRS
Vendor agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions.
Does Vendor agree? YES ________ Initials of Authorized Representative of Vendor
VENDOR AGREES TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, RULES, REGULATIONS, AND ORDINANCES. IT IS FURTHER ACKNOWLEDGED THAT VENDOR CERTIFIES COMPLIANCE WITH ALL PROVISIONS, LAWS, ACTS, REGULATIONS, ETC. AS SPECIFICALLY NOTED ABOVE.
Vendor’s Name: _______________________________________________________________________________________
Address, City, State, and Zip Code: ________________________________________________________________________
Phone Number: ____________________________________ Fax Number: ____________________________________
Printed Name and Title of Authorized Representative: __________________________________________________________
Email Address: ________________________________________________________________________________________
Signature of Authorized Representative: _____________________________________________________________________
Date: ___________________________
Rev 3/17 Page 43
MAP TO FBISD DISTRIBUTION CENTER
The Fort Bend ISD Distribution Center is located at 555 Julie Rivers Drive in Sugar Land. Not all mapping services and GPS services have the location correct, but we have found Google Maps to be most accurate. The link to the Google Maps directions to the Distribution Center is: https://maps.google.com/maps?q=555+Julie+Rivers+Drive,+Sugar+Land,+TX&ie=UTF-8&hq=&hnear=0x8640e7a9b4f0db83:0xdaaa49b5ced8406a,555+Julie+Rivers+Dr,+Sugar+Land,+TX+77478&gl=us&daddr=555+Julie+Rivers+Dr,+Sugar+Land,+TX+77478&ei=oQguUpaPL-bK2AXz8YCgCQ&ved=0CCsQwwUwAA When traveling from Houston on HWY 59 S., take the Corporate Drive/US-90/Stafford/Sugar Land exit. Stay right on the frontage, turn right onto Corporate Drive. At the intersection of Corporate Drive and Julie Rivers Drive, proceed straight into Sugar Land Center. Drive all the way the back. The FBISD Distribution Center is the last warehouse on the right and faces a railroad track. From 90A, turn onto North over the railroad tracks onto Dairy Ashford Blvd. Take the first left onto Julie Rivers Dr. and proceed to the 4-way stop at Corporate Drive. Make a left into Sugar Land Center and the FBISD Distribution Center will be the last warehouse on the right facing the railroad tracks.