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TRANSCRIPT
Fort Bend Independent School District
REQUEST FOR PROPOSALS FOR
LAN NETWORK EQUIPMENT AND RELATED SERVICES
RFP NUMBER 20-054LJ
OPENING DATE: November 21, 2019 OPENING TIME: 2:00 p.m. (CST)
RETURN PROPOSAL PACKET TO: Attn: Lekecha Johnson
Fort Bend Independent School District 555 Julie Rivers Drive - Second 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 Lekecha Johnson at 281-634-5331 or by e-mail at [email protected]
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
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BACKGROUND Fort Bend ISD (FBISD) is a K-12 public school district in Fort Bend County serving a student enrollment of over 78,000. The district currently consists of 80 campuses and multiple administrative sites. The intention of this Request for Proposal (RFP) is to solicit proposals for LAN NETWORK EQUIPMENT AND RELATED SERVICES. PRE-BID CONFERENCE: A pre-proposal conference is not scheduled for this RFP. DEMONSTRATIONS/INTERVIEWS The Evaluation Committee will review submissions and reserve the right to create a short list of vendors. Product Demonstrations/ Interviews may be scheduled with short list vendors. The District reserves the right to use the same weight factors for Product Demonstrations/ Interviews as in the Evaluation Criteria or adapt new factors. If adapting new factors, such factors will be made public to the short listed vendors prior to the scheduled Product Demonstrations/ Interviews. Persons with disabilities requiring special accommodations should contact Lekecha Johnson, FBISD at 281-634-5331 at least two (2) days prior to the conference. 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-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. The contract period shall be for a maximum of (5) five years. 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 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. Only authorized dealers may bid on requested equipment. At the discretion of FBISD, a certificate, executed by the manufacturer, may be requested stating that the bidder is an authorized agent of the manufacturer and is duly authorized to sell, service, and maintain the equipment. 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.
LAN NETWORK EQUIPMENT AND RELATED SERVICES
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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, November 21, 2019 at 2:00 PM (CST). Proposals received after the opening date and time will not be accepted and will be returned unopened.
Vendor’s submissions should include One (1) original, one (2) copy and one (1) electronic (pdf format on CD or flash drive) copy of the response are required for evaluation purposes. Original and copies should be submitted in a SEALED ENVELOPE with the proposal information: “RFP # 20-054LJ LAN NETWORK EQUIPMENT AND RELATED SERVICES” along with the proposers 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 Lekecha Johnson at [email protected] . All questions must be submitted no later than October 30, 2019 at 2:00 P.M. (CST). Questions received by this deadline and corresponding answers will be included in an Addendumand 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.
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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.
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’s needs such as per section, groups, or all.
Evaluation Criteria
1
Purchase price Offer a fair reasonable price for eligible goods and 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 vendor’s goods or services Vendor should have a solid reputation with other ISD’s, Government or Collegiate entities that show a high level of customer service, a high level of quality of good or services. (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.)
3
Quality of the vendor’s goods or services • Project management experience• Experience with structured cabling solutions• Experience working in Networking wiring centers (MDF/IDF)• Experience working with and deploying UPS and PDU• Staff certifications (CCIE, CCNP, CCNA, CISSP)• Experience with LAN wireless systems (802.11)
4
Extent to which the goods or services meet the district’s needs • Discount level off list price• Ability to architect and deploy turnkey solutions• Ability to meet customer critical timelines for deployment
5 Vendor’s past relationship with the district. For reference, the vendor may list any past projects or contracts that the service provider has had with the district.
6 Long-term cost to the district to acquire the Vendor’s goods or services Warranty, setup fee; maintenance or other fees
7 Extent to which the vendor agrees to our Standard Form of Agreement embedded herein as Appendix A. By Signing the Agreement, you assent to the Terms and Conditions of Fort Bend ISD (10 pts.)
8 Insurance requirements: Vendor meets insurance requirements and included a copy of the Certificate of Insurance in their proposal.
9 The impact on the ability of the District to comply with laws and rules relating to historically underutilized businesses;
10 Vendor’s Principal place of business is in the state of Texas, or employs 500 people in this state (this is optional but can not be done using federal funds).
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TIME TABLE: Fort Bend ISD anticipates following the time table listed below for this bid:
Activity Date 1. Job starts to advertise (1st run) 10/8/19 2.
Job advertises (2nd run) 10/16/2019 3. Pre-Proposal N/A 4. Vendor Questions Due 2:00 PM (CST) 10/30/2019 5. Proposal Package Due 2:00 PM (CST) 11/21/2019 6. Demos/Interviews N/A 7. Tabulations and awards posted to
http://purchasing.fortbendisd.com/AwardedClosedBids.aspx February 2020
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 TexasPurchasing Alliance (CTPA / txctpa.org), an alliance of over 40 school districts in Texas representing overa million students, sharing information, services and contractual opportunities. CTPA is an alliancecreated in accordance with Section 791.001 of the Texas Government Code through interlocalagreements.
B. Adoption of Awarded Contracts. In support of this collaborative effort, all awards made by Fort BendIndependent 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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SPECIAL TERMS & CONDITIONS/BID SPECIFICATIONS
1. All deliveries shall be marked with the proper Fort Bend Independent School District purchase order
number. Any item received without a purchase order number may be returned to the vendor at their
expense. Invoice numbers are unacceptable.
2. Two or more purchase orders shall not be combined in one package. All purchase orders must be boxed
separately.
3. FBISD prefers that orders be shipped complete rather than partial. Therefore, there shall not be more
than three (3) shipments to complete any purchase order. Shipments from two (2) or more locations at
similar time periods will be considered as one shipment. Split shipments shall be indicated on the packing
slip.
4. When multiple purchase orders are shipped, FBISD receiving clerks shall sign only the vendor/shipper
manifest which should contain the total amount of containers and the total listing of purchase order
numbers. One signature shall be required and not one signature per purchase order.
5. There shall be no substitutes of any item without prior approval from Fort Bend ISD Purchasing
department and indicated on the packing slip.
6. All items shall be new and unused.
7. Items with an expiration date earlier than one (1) year from date of shipment are unacceptable and will
be returned at vendor’s expense. If there is a discrepancy, please contact the FBISD Purchasing
Department at 281-634-1802
8. All items are delivered F.O.B., FBISD Warehouse 555 Julie Rivers Drive, Sugar Land, Texas 77478
9. Each invoice shall reflect the agreed upon pricing.
10. Invoices shall reference the purchase order number and the school placing the order.
11. Invoices shall indicate back-orders, cancellations and substitutions.
12. Successful bidder must furnish current material safety data sheet for any item containing any element,
chemical compound or mixture of elements that is a physical hazard or health hazard as defined by
federal regulations (if applicable) .
13. Brand names used in the Specification descriptions do denote a preference based on previous
experiences; however, they are not intended to restrict other considerations. If other brands are
presented, Fort Bend ISD requires them to be ‘equal to or better than’ the referenced brand in quality,
availability and performance.
14. Following a review, Fort Bend ISD’s decisions will be final. It is required that all other brands offered
must be identified in the bid and current specifications are provided with the bid.
15. Service provider’s proposal must contain Lowest Corresponding Price (LCP). The equipment proposed
pricing is the LCP of similarly situated non‐residential customers for similar services.
16. The price of services and equipment delivered and charged are no higher than LCP of similarly situated
non-residential customers for similar services.
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17. All items shall be new and unused. No refurbished items will be accepted.
18. Proposal Price shall be F.O.B to the vendor’s location for burn-in and testing. Location is preferred to be
within 30 miles from the FBISD Administration Building at 16431 Lexington Blvd.Sugarland, Tx. 77479
19. Vendor will inventory equipment upon receipt and provide both an invoice and a spreadsheet with
deployment location, parts list, description, serial numbers and quantities within 5 days of equipment
delivery.
20. The vendor must submit the E-Rate SPIN number with proposal; agree to work within the requirements
of the E-Rate program, adhering to all federal gift rules and processing of all required paperwork on a
timely basis.
21. District reserves the right to negotiate changes with the selected vendor and to 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 accounts and/or features as needs change either during the year or at the
beginning of each year renewal.
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SUMMARY – SCOPE OF WORK
The Fort Bend ISD is receiving sealed proposals in the Purchasing Office, for LAN NETWORK EQUIPMENT AND RELATED SERVICES.
INTRODUCTION
Fort Bend Independent School District (FBISD, the District) request proposals for Local Area Network (LAN) infrastructure equipment and related services that include but is not limited to the following: 1 Elementary School rebuild project for 2020, 1 new Elementary School slated for 2021, 2 new School additions for 2020 and 2021, 1 Support Site Renovation for 2020, 1 new Agricultural facility for 2020. The bid will also be used any new construction entities added to the district that require new (LAN ) infrastructure equipment and related services during the life of the five year contract.
DESCRIPTION
The District will only consider existing E-Rate approved vendors with current Service Provider Identification Number (SPIN) and Service Provider Annual Certificate (SPAC) for this proposal. Proposer(s) must provide SPIN number as part of their response.
A contract with the selected Proposer(s) and the District will be executed by both parties once it is awarded by the District. The district is seeking USAC E-Rate funds for these products and the vendor must agree to meet this program’s requirements. The proposed solution is for E-Rate Category Two – Internal Connections. All ineligible items proposed must be clearly identified. A service provider must label all equipment with District bid number that clearly show that the equipment is purchased with E-Rate funds.
There will be two areas of focus with each one having equal importance. The first area of focus concerns the price schedule for representative Cisco software and hardware. The second area covering professional services includes technical architecture/design and deployment services for Cisco software and hardware. This RFP will provide maximum flexibility for the rapid, efficient, and cost-effective design, purchase, and deployment of Cisco software, hardware, and other network professional services.
Major Projects Timeline
Network Lifecycle Management/ Major Projects • Replacements - As network gear progresses through the End of Sale (EOS), End of Life (EOL)
equipment lifecycle will need to be replaced.• Replacements - Failures of equipment that is not covered by a Limited Lifetime Warranty or hardware
replacement warranty will need to be replaced.• Small Projects and Ongoing Needs - This bid will also facilitate on-going needs for network
technology to include operational needs as well as small projects and initiatives.• New Construction and Renovations - The bid will also be used for the construction of new schools
that require new LAN equipment to provide networked services for these campuses including but notlimited to: wireless network, wired network, phones, computers, building automation systems,security cameras, and any other device requiring network connectivity for functionality.1 Elementary School rebuild project for 2020, 1 new Elementary School slated for 2021, 2 new Schooladditions for 2020 and 2021, 1 Support Site Renovation for 2020, 1 new Agricultural facility for 2020in addition to any new construction entities added to the district during the life of the five yearcontract.
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Software and Hardware The vendor or successful proposer, hereafter referred to as Vendor, will supply Fort Bend ISD a combination of Cisco software and hardware or equivalent to meet detailed requirements for various network projects. The price schedule provided in the Price Delivery Sheet (excel document), which can be downloaded at http://purchasing.fortbendisd.com/CurrentBids.aspx , includes typical hardware configurations planned for deployment; however, these items do not represent all of the software, hardware and professional services required by Fort Bend ISD.
Professional Services Vendor will supply Fort Bend ISD professional services in four separate categories:
• Design Services: Provide flexible, resilient, scalable architectural foundation to support businesssolutions by developing designs for network infrastructure, applications, operations processes, andnetwork management.
• Deployment Services: Provide customized engagements bringing extensive experience in planning,scheduling, deploying, and managing large multifaceted networks.
• Wireless Network Assessment and Survey• Staff Augmentation and Operational Support
Certification Vendor must submit a copy of a Cisco Certified Internetwork Expert (CCIE) certificate of the individual(s) who design and/or supervise the design of any proposed work. For equivalent proposals, please provide equivalent certifications.
Documentation Deliverables
The following documentation will be provided for all professional services: • Vendor will provide, following the client's standardized build documentation format, a complete set
of physical, logical and rack diagrams for all deployments• Installation Workbook: Includes all IP address and node specific configuration information added to
Layer 2/3 template for all deployments, before and after pictures where applicable, pre and postchecklist completion status, site survey documentation and any other documents as needed forselective services
Scheduling and Completion No less than 24 hours from requested delivery of service, Vendor will communicate and schedule work with the FBISD personnel or designee. Vendor must promptly notify FBISD personnel or designee of work on each project or such portion thereof that is/are ready for inspection.
Vendor Representative Fort Bend ISD reserves the right, with sole discretion, to refuse to allow any representative of the Vendor to service the contract in any manner. In this event, the Vendor shall furnish another representative who is acceptable to Fort Bend ISD.
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1. Vendor shall be responsible for and repair all damage to the building due to negligence of its workers,and report to the school system any such damage to the building, which may exist or may occur duringthe occupancy of the quarters.
2. Vendor must replace any equipment damaged by the Vendor due to negligence and shall make allnecessary repairs at the Vendor’s expense.
3. Awarded vendor will provide all necessary equipment to aid in the successful completion of allproposed work.
4. Awarded vendor must be an approved distributer/service provider and partner in good standing with themanufacture for which products and services is being rendered by FBISD. A certification may berequired by FBISD to show that the Vendor is an authorized reseller.
5. Awarded vendor is responsible for establishing and maintaining good an acceptable status withmanufacture, distributors of manufacture and its products and services. It is the responsibility of theawarded vendor for the acquisition, transportation, storage and security of all products and services untilat which time the product or services is delivered, implemented and accepted by Fort Bend ISDrepresentative(s) or designee.
Subcontracting Vendor may use subcontractors for any portion of the work, subject to the approval of FBISD staff. Vendor must notify FBISD within a minimum 24 hours prior to scheduled arrival of subcontractor(s) on FBISD property. Fort Bend ISD will reject any unauthorized subcontractor without explanation or recourse by the contractor or the subcontractor.
All vendor representatives must have an identification badge clearly identifying vendor name and individual’s name. A badge with picture is preferred. Identification badge must be worn above the belt-line toward front upper torso. Vendor representative must notify building /campus personnel when arriving at a location. Some sites will require sign-in and sign-out. Follow the procedures as identified by building representative.
Alternates and Samples Equivalent product will be considered. If bidding equivalent brands, please provide detailed specifications with your proposal. Acceptance will be at the sole discretion of FBISD. Fort Bend ISD reserves the right to request samples of proposed alternates for evaluation purposes.
Quantities listed in this proposal are estimates only and no minimum quantity is guaranteed.
Project Coordination • All projects must have a single point of contact or Project Manager for work scheduling, coordination
and progress updates.• Vendor should be capable of meeting aggressive timelines for projects as defined by Fort Bend ISD.• Vendor must be flexible to work outside normal business hours in order to meet Fort Bend ISD
timeline(s).
Protection in General
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PROPOSAL RESPONSE REQUIREMENTS
The Proposal shall be submitted in a binder with tabs as set forth below:
Title Page Show the RFP subject, the name of the Proposer’s firm, address, telephone number, name of contact person, and date.
Tab 1 – Table of Contents
Clearly identify the materials by sections and page numbers.
Tab 2 – Proposal Submission Forms Complete and return FORMS A through J, APPENDIX A, and EXHIBITS A through C in the following order:
1. FORM A: Price Delivery Information2. FORM B: References3. FORM C: Response Form4. FORM D: Proposal Submittal Form5. FORM E: District Purchase Order Policy Agreement6. FORM F: Questionnaire7. FORM G: Certificate of Residency8. FORM H: Certification Regarding Lobbying9. FORM I: W-910. FORM J: Vendor ACH/Direct Deposit Authorization Form11. APPENDIX A: Agreement for Services12. EXHIBIT A: Detailed Description of Services13. EXHIBIT B: Fort Bend I.S.D Insurance Requirements14. EXHIBIT C: EDGAR Certifications (if applicable);15. Certificate of Interested Parties (Form 1295) (if over $50,000)16. Data Protection Addendum (If applicable)
The “ORIGINAL” forms require original manual signatures. Copies of the forms bearing original signatures should be included in each additional proposal.
Tab 3 – Profile of the Proposer Indicate the key people in your organization, a hierarchy chart with the level of service, experience, qualifications and the percentage time for each person dedicated to this project.
Tab 4 – Scope Section Clearly describe the scope of the goods and/or services to be provided based upon the information in the Scope of Work and Specific Conditions of the RFP. Respond to each of the items listed in the Scope of Services as it aligns with the proposer’s area(s) of expertise via Appendix A, Agreement for Services and Specific Conditions.
Tab 5 – Price Include entries on the Price and Delivery Information Form in Tab 5.
Tab 6 – Addenda Place all acknowledged addenda in Tab 6.
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
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PROPOSAL PRICING FORM A
20-054LJ LAN NETWORK EQUIPMENT AND RELATED SERVICES
Bidder Name:___________________________________________________________
EXCEL PRICE DELIVERY SHEET CAN BE DOWNLOADED AT http://purchasing.fortbendisd.com/CurrentBids.aspx. AND MUST BE RETURNED WITH THE RFP SUBMISSION. DO NOT ALTER THE PRICE DELIVERY INFORMATION SHEET.
Note: This bid form must be used for bid to be considered. Please print your responses VERY CLEARLY. Note: Make sure you read Special Terms & Conditions/Bid Specifications before filling-in the bid/proposal pricing information. Please provide an email address where purchase orders should be sent. Email: ___________________________________________________
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
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REFERENCES FORM B LAN NETWORK EQUIPMENT AND RELATED SERVICES.
RFP 20-054LJ
Please provide at least five (5) references (company name, address, telephone no., email address and company representative) that have used your company for the good and/or services Fort Bend ISD is requesting in this RFP. List those districts or companies that have used your services in the last 1-5 years. Please make sure the email is 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.
2.
3.
4.
5.
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
District or Company Name:
Company Representative:
Phone #: Email Address
District or Company Name:
Company Representative:
Phone #: Email Address
District or Company Name:
Company Representative:
Phone #: Email Address
District or Company Name:
Company Representative:
Phone #: Email Address
District or Company Name:
Company Representative:
Phone #: Email Address
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RESPONSE FORM FORM C
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 20-054LJ Lan Network Equipment And Related Services and elects not to submit a bid/proposal for the following reason:
______________________________________________
Street Address
______________________________________________
City, State, Zip Code
______________________________________________
Telephone Number
______________________________________________
Name of Authorized Individual
___________________________________________
Signature of Authorized Individual
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PROPOSAL SUBMISSION FORM D
Please Print
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
Whereas on the _____________ day of _____________________________, 2019 (print name of company)
___________________________________________________________________________ has reviewed
RFP 20-054LJ Lan Network Equipment And Related Services 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.
Street Address City, State, Zip Code
Telephone Number Email Address
Name of Authorized Individual Signature of Authorized Individual
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FORM E
DISTRICT PURCHASE ORDER POLICY AGREEMENT
Items and/or services are to be delivered/rendered to Fort Bend Independent School District ONLY when a district approved purchase order has been received by your company. 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’re 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
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKET
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QUESTIONNAIRE FORM F LAN NETWORK EQUIPMENT AND RELATED SERVICES
20-054LJ
PROPOSER: 1. Did you include One (1) original, one (2) hard copies 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 your 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, emails 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 – Agreementfor Services? □ Yes □ No If NO, please provide why: _____________________________
_________________________________________________________________________________
8. Did you attach all your signed exhibits with your submittal? □ Yes □ No
9. Is your firm’s principal place of business is in the State of Texas, or alternatively, whether the firm employsat least 500 people in this state? □ Yes □ No
10. Did you include the Excel Proposal price sheet (Form A) with your submittal? □ Yes □ NoThe Excel sheet can be downloaded at http://purchasing.fortbendisd.com/CurrentBids.aspx
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
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CERTIFICATE OF RESIDENCY FORM G
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 Company Representative
Print Name
Title Date
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
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CERTIFICATION REGARDING LOBBYING FORM H
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 anyperson for influencing or attempting to influence an officer or employee of Congress, or an employee ofa Member of Congress in connection with the awarding of a Federal loan, the entering into of anycooperative agreement, and the extension, continuation, renewal, amendment, or modification of anyFederal 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 forinfluencing or attempting to influence an officer or employee of any agency, a Member of Congress, anofficer or employee of Congress, or an employee of a Member of Congress in connection with thisFederal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submitStandard 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 documentsfor all sub awards at all tiers (including subcontracts, sub grants and contracts under grants, loans, andcooperative 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
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Form W-9(Rev. December 2014)Department of the Treasury Internal Revenue Service
Request for Taxpayer Identification Number and Certification
Give Form to the requester. Do not send to the IRS.
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2.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
2 Business name/disregarded entity name, if different from above
3 Check appropriate box for federal tax classification; check only one of the following seven boxes:
Individual/sole proprietor or single-member LLC
C Corporation S Corporation Partnership Trust/estate
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ▶
Note. For a single-member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for the tax classification of the single-member owner.
Other (see instructions) ▶
4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3):Exempt payee code (if any)
Exemption from FATCA reporting
code (if any)(Applies to accounts maintained outside the U.S.)
5 Address (number, street, and apt. or suite no.)
6 City, state, and ZIP code
Requester’s name and address (optional)
7 List account number(s) here (optional)
Part I Taxpayer Identification Number (TIN)Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3.
Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter.
Social security number
– –
orEmployer identification number
–
Part II CertificationUnder penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal RevenueService (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I amno longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3.
Sign Here
Signature of U.S. person ▶ Date ▶
General InstructionsSection references are to the Internal Revenue Code unless otherwise noted.
Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www.irs.gov/fw9.
Purpose of FormAn individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following:
• Form 1099-INT (interest earned or paid)
• Form 1099-DIV (dividends, including those from stocks or mutual funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)
• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2.
By signing the filled-out form, you:
1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and
4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information.
Cat. No. 10231X Form W-9 (Rev. 12-2014)
FORM I
Form W-9 (Rev. 12-2014) Page 2
Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9.
Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien;
• A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States;
• An estate (other than a foreign estate); or
• A domestic trust (as defined in Regulations section 301.7701-7).
Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners’ share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income.
In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States:
• In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity;
• In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and
• In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust.
Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities).
Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a “saving clause.” Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items:
1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien.
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions.
4. The type and amount of income that qualifies for the exemption from tax.
5. Sufficient facts to justify the exemption from tax under the terms of the treaty article.
Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption.
If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233.
Backup WithholdingWhat is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This is called “backup withholding.” Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding.
You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return.
Payments you receive will be subject to backup withholding if:
1. You do not furnish your TIN to the requester,
2. You do not certify your TIN when required (see the Part II instructions on page 3 for details),
3. The IRS tells the requester that you furnished an incorrect TIN,
4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or
5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only).
Certain payees and payments are exempt from backup withholding. See Exempt payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more information.
Also see Special rules for partnerships above.
What is FATCA reporting?The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code on page 3 and the Instructions for the Requester of Form W-9 for more information.
Updating Your InformationYou must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies.
PenaltiesFailure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect.
Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty.
Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment.
Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties.
Specific InstructionsLine 1You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return.
If this Form W-9 is for a joint account, list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9.
a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name.
Note. ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application.
b. Sole proprietor or single-member LLC. Enter your individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or “doing business as” (DBA) name on line 2.
c. Partnership, LLC that is not a single-member LLC, C Corporation, or S Corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2.
d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2.
e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a “disregarded entity.” See Regulations section 301.7701-2(c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, “Business name/disregarded entity name.” If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN.
Form W-9 (Rev. 12-2014) Page 3
Line 2If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2.
Line 3Check the appropriate box in line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box in line 3.
Limited Liability Company (LLC). If the name on line 1 is an LLC treated as a partnership for U.S. federal tax purposes, check the “Limited Liability Company” box and enter “P” in the space provided. If the LLC has filed Form 8832 or 2553 to be taxed as a corporation, check the “Limited Liability Company” box and in the space provided enter “C” for C corporation or “S” for S corporation. If it is a single-member LLC that is a disregarded entity, do not check the “Limited Liability Company” box; instead check the first box in line 3 “Individual/sole proprietor or single-member LLC.”
Line 4, ExemptionsIf you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space in line 4 any code(s) that may apply to you.
Exempt payee code.• Generally, individuals (including sole proprietors) are not exempt from backup withholding.
• Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends.
• Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions.
• Corporations are not exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC.
The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4.
1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2)
2—The United States or any of its agencies or instrumentalities
3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities
4—A foreign government or any of its political subdivisions, agencies, or instrumentalities
5—A corporation
6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession
7—A futures commission merchant registered with the Commodity Futures Trading Commission
8—A real estate investment trust
9—An entity registered at all times during the tax year under the Investment Company Act of 1940
10—A common trust fund operated by a bank under section 584(a)
11—A financial institution
12—A middleman known in the investment community as a nominee or custodian
13—A trust exempt from tax under section 664 or described in section 4947
The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13.
IF the payment is for . . . THEN the payment is exempt for . . .
Interest and dividend payments All exempt payees except for 7
Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012.
Barter exchange transactions and patronage dividends
Exempt payees 1 through 4
Payments over $600 required to be reported and direct sales over $5,0001
Generally, exempt payees 1 through 52
Payments made in settlement of payment card or third party network transactions
Exempt payees 1 through 4
1 See Form 1099-MISC, Miscellaneous Income, and its instructions.
2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency.
Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with “Not Applicable” (or any similar indication) written or printed on the line for a FATCA exemption code.
A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37)
B—The United States or any of its agencies or instrumentalities
C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities
D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i)
E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i)
F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state
G—A real estate investment trust
H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940
I—A common trust fund as defined in section 584(a)
J—A bank as defined in section 581
K—A broker
L—A trust exempt from tax under section 664 or described in section 4947(a)(1)
M—A tax exempt trust under a section 403(b) plan or section 457(g) plan
Note. You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed.
Line 5Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your information returns.
Line 6Enter your city, state, and ZIP code.
Part I. Taxpayer Identification Number (TIN)Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below.
If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN.
If you are a single-member LLC that is disregarded as an entity separate from its owner (see Limited Liability Company (LLC) on this page), enter the owner’s SSN (or EIN, if the owner has one). Do not enter the disregarded entity’s EIN. If the LLC is classified as a corporation or partnership, enter the entity’s EIN.
Note. See the chart on page 4 for further clarification of name and TIN combinations.
How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.ssa.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/businesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W-7 and SS-4 from the IRS by visiting IRS.gov or by calling 1-800-TAX-FORM (1-800-829-3676).
If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write “Applied For” in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester.
Note. Entering “Applied For” means that you have already applied for a TIN or that you intend to apply for one soon.
Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8.
Form W-9 (Rev. 12-2014) Page 4
Part II. CertificationTo establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if items 1, 4, or 5 below indicate otherwise.
For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code earlier.
Signature requirements. Complete the certification as indicated in items 1 through 5 below.
1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification.
2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form.
3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification.
4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. “Other payments” include payments made in the course of the requester’s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations).
5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification.
What Name and Number To Give the RequesterFor this type of account: Give name and SSN of:
1. Individual The individual2. Two or more individuals (joint
account)The actual owner of the account or, if combined funds, the first individual on the account1
3. Custodian account of a minor (Uniform Gift to Minors Act)
The minor2
4. a. The usual revocable savings trust (grantor is also trustee) b. So-called trust account that is not a legal or valid trust under state law
The grantor-trustee1
The actual owner1
5. Sole proprietorship or disregarded entity owned by an individual
The owner3
6. Grantor trust filing under Optional Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(i)(A))
The grantor*
For this type of account: Give name and EIN of:
7. Disregarded entity not owned by an individual
The owner
8. A valid trust, estate, or pension trust Legal entity4
9. Corporation or LLC electing corporate status on Form 8832 or Form 2553
The corporation
10. Association, club, religious, charitable, educational, or other tax-exempt organization
The organization
11. Partnership or multi-member LLC The partnership12. A broker or registered nominee The broker or nominee
13. Account with the Department of Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments
The public entity
14. Grantor trust filing under the Form 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulations section 1.671-4(b)(2)(i)(B))
The trust
1List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person’s number must be furnished.
2Circle the minor’s name and furnish the minor’s SSN.
3 You must show your individual name and you may also enter your business or DBA name on the “Business name/disregarded entity” name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN.
4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships on page 2.
*Note. Grantor also must provide a Form W-9 to trustee of trust.
Note. If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed.
Secure Your Tax Records from Identity TheftIdentity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund.
To reduce your risk:
• Protect your SSN,
• Ensure your employer is protecting your SSN, and
• Be careful when choosing a tax preparer.
If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter.
If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039.
For more information, see Publication 4535, Identity Theft Prevention and Victim Assistance.
Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059.
Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft.
The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts.
If you receive an unsolicited email claiming to be from the IRS, forward this message to [email protected]. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at: [email protected] or contact them at www.ftc.gov/idtheft or 1-877-IDTHEFT (1-877-438-4338).
Visit IRS.gov to learn more about identity theft and how to reduce your risk.
Privacy Act NoticeSection 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information.
VENDOR ACH/DIRECT DEPOSIT AUTHORIZATION FORM FORM J BID#
Check One: NEW Direct Deposit CHANGE Direct Deposit CANCEL Direct Deposit
VENDOR/ PAYEE INFORMATION
NAME:
ADDRESS:
CONTACT 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:
Rev 4/18 Page 25
Verified Date initials
Date FOR FBISD USE ONLY:
Entered Initials
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
Rev 4/18 Page 17
Agreement for 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 consists of the following Agreement Documents,which are incorporated by reference for all purposes, and in the event of a conflict or inconsistencybetween or among the Agreement Documents, except as otherwise provided, the conflict or inconsistencyshall be resolved by giving precedence in the follows:
a. The body of this Agreement;b. Exhibit A – Detailed Description of Services and Payment Schedule;c. The Terms and Conditions of the RFP 20-054LJ solicitation documents and addenda, if any.d. The proposal document submitted by Contractor in response to RFP 20-054LJ.e. Exhibit B – Fort Bend I.S.D. Insurance Requirements;f. Exhibit C – EDGAR Certifications (if applicable);g. FBISD Data Protection Addendum (if applicable); and,h. 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 __________, unlessterminated earlier pursuant to the terms of this Agreement or extended by mutual written agreement ofthe Parties.
3. SERVICES: FBISD agrees to contract with the Contractor and the Contractor agrees to personallyperform in a manner satisfactory to the District the following services: (“Services”):
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________
[The Services are more fully detailed in Exhibit ___, which is attached and incorporated by reference for all purposes. In the event of any inconsistency between Exhibit ___ and this Agreement, this Agreement shall prevail.]
4. COMPENSATION:
The District agrees to pay Contractor for the above services when satisfactorily performed.This is a fixed price contract. FBISD will pay Contractor the amount of $_________, to be paid [insertpayment frequency].
[OR]
FBISD will pay Contractor an amount not to exceed $_________, based on an hourly fee and/or other method of calculation as follows: ______________________________________________ _____________________________________________________________________________________________________________________________________________________
APPENDIX A
Rev 4/18 Page 18
[OR]
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.
The payment schedule is detailed in Exhibit A, Payment for Services, which is attached and incorporated by reference for all purposes.
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 thedate 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 and the CSP or RFP number. 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.
5. CONTRACTOR’S STATUS AND RESPONSIBILITIES: In performing the Services, Contractor willbe deemed an independent contractor and not FBISD’s agent or employee. This Agreement will not beconstrued to create any partnership, joint venture or other similar relationship between the Parties. As anindependent contractor, Contractor will be solely responsible for determining the means and methods forperforming the Services and shall furnish all tools, materials, transportation and personal incidentalsnecessary in the performance of the Services. Contractor shall be responsible for any and all applicablesocial security and personal income taxes which may become due as a result of any payments made by
Rev 4/18 Page 19
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 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
Rev 4/18 Page 20
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 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.
Rev 4/18 Page 21
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.
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
Rev 4/18 Page 22
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. CRIMINAL HISTORY CERTIFICATION: Contractor certifies it has obtained all required criminal
history record information regarding any individual or employee with continuing duties related to the services provided in this Agreement and who has or will have direct contact with students. Contractor further certifies no employee has a felony or misdemeanor offense described in Texas Education Code 22.085(a). If Contractor subsequently receives information an employee has a criminal history prohibited under this section, Contractor will immediately remove the employee from contract duties and notify the District in writing within 3 days. Contractor will comply with District requests for employee information required by the District to obtain criminal history information on Contractor employees, and with District objections to the assignment of an employee on the basis of the employee’s criminal history. To the extent no individual or employee has or will have direct contact with students, Contractor will ensure the individuals or employees will not have direct contact with students throughout the term of this agreement. Noncompliance or misrepresentation regarding this certification is grounds for immediate termination of this Agreement.
26. CONFLICT OF INTEREST DISCLOSURE: Prior to and as a condition of doing business with FBISD,
Contractor shall disclose any business relationship, past or present, with a sitting Board member or FBISD employee. Any such relationship shall be disclosed on Form CIQ provided by the Texas Ethics Commission and currently available at https://www.ethics.state.tx.us/forms/CIQ.pdf. Failure to disclose the existence of any such relationship is grounds for immediate termination of this Agreement. Contractor represents it has attached any conflict of interest disclosure required by this section.
27. DISCLOSURE OF INTERESTED PARTIES: For any agreement that requires action by the District’s Board of Trustees, unless excepted by Texas Government Code 2252.908(c), Contractor shall electronically submit a disclosure of interested parties on a form prescribed by the Texas Ethics Commission (“Form 1295”) and attach a signed copy of the submitted form with this Agreement. The form is currently available via the Texas Ethics Commission website at https://www.ethics.state.tx.us/tec/1295-Info.htm.
28. FELONY CONVICTION NOTICE: Texas Education Code 44.034(a), Notification of Criminal
History provides, “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) provides “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.” This notice is not required of a publicly-held corporation. If notice is required of Contractor, then Contractor shall attach a statement providing a person or an owner operator of the business entity has been convicted of a felony and a general description of the conviction and conduct resulting in the conviction of a felony.
29. DEBARMENT OR SUSPENSION: Federal Law (2 CFR Part 180 and Part 200) prohibits non-federal entities from contracting with or making subawards 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 nonprocurement transactions (e.g., subawards to subrecipients). Contractor certifies neither Contractor nor its principals are suspended or debarred by a federal agency.
30. 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
Rev 4/18 Page 23
Organization by the U.S. Secretary of State. If Contractor is a company with 10 or more full-time employees and for contracts with a value of $100,000 or more, Contractor 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.
31. 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.
32. 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. 33. 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.
34. 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.
35. 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.
36. DISPUTE RESOLUTION: Any claim, dispute, or matter in controversy arising out of or related to this Agreement (“Dispute”) between the Parties shall be discussed by the parties in good faith, in an attempt to resolve the Dispute. In the event such Dispute cannot be resolved by good faith discussion between the parties, any such Dispute shall be subject to FBISD’s complaint policy (GF Local or other policy designated by FBISD) and the timelines established in the policy. If a party is dissatisfied with the outcome of FBISD’s complaint process, then the Dispute shall be subject to mediation as a condition precedent to litigation.
37. 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 Contractor must satisfy the Insurance Requirements specified in this Agreement (Exhibit B). 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. FORT BEND INDEPENDENT SCHOOL DISTRICT
Rev 4/18 Page 24
By: _____________________________ _______________________ Charles E. Dupre, Ed.D.Date CONTRACTOR By: _____________________________ _______________________ SignatureDate (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.)
EXHIBIT B
INSURANCE REQUIREMENTS and CONDITIONS for Non-Construction Services
2.16.17 BCMorrison Page 1
Insurance Agent / Broker
Providing Certificate
And Address
A xx
Insurance Agent/Broker
Providing CertificateTrucker/Vendor/ Name Needs to Agree
With ContractDate Issued
Insurance
Company
Writing Policy
General
Liability Commercial
XYZ22434343334 1/1/2012 1/1/20131,000,000
100,000
50,000
1,000,000
Company A
Company B
Limits Required
Trucker/Vendor Name
Address
Name Needs to Agree with Contract
x
x x
x
A
B
A
Liability
Auto Liability
Umbrella Excess
(Limits can be combined with AL,
GL and/or EL to meet req.)
Workers’
Compensation
Commercial
General Liability &
Occurrence Based
Location name &
mailing address:
This is where notice
of cancellation will
be mailed to.
NOTICE OF CANCELLATION
Require 30 days but some agents will not issue more than 10 days because policies can be cancelled in 10 days for non-
payment.
Certificate Holder is named as an Additional Insured with respect to General Liability, Automobile Liability and Umbrella or Excess Liability coverages. General Liability coverage is primary and non-contributory. Waivers of
Subrogation are provided on behalf of Certificate Holder with respect to Workers' Compensation, General Liability,
Automobile Liability and Excess Liability. In the event of cancellation by the insurance companies, the policies
have been endorsed to provide (30) days Notice of Cancellation to the certificate holder shown
below. .
Customary Limits for
Umbrella attachment
xWC Statutory Limits1,000,000
1,000,000
1,000,000
5,000,0005,000,000
Note: Higher limits may be
required
8783009889 1/1/2012 1/1/2013
1/1/2012 1/1/2013
ABCE897658 1/1/2012 1/1/2013
1,000,000
2,000,000
2,000,000
1,000,000
ALL 3 Boxes
Checked Also OK
x
Limits Required
in ALL Four
Certus Energy Solutions, LLC 15710 John 16431 Lexington Blvd.Sugar Land , 77479F. Kennedy Blvd,Ste 260 Houston, TX 77032
SAMPLE ACORDEXHIBIT B
Rev 4/18 Page 7
EXHIBIT C
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 theinflation adjusted amount determined by the Civilian Agency Acquisition Council and the DefenseAcquisition 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, andprovide 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.
(B) Termination for cause and for convenience by the grantee or subgrantee including the manner bywhich 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?
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contractsthat meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must includethe equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), asamended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal EmploymentOpportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract CompliancePrograms, Equal Employment Opportunity, Department of Labor.”
Does Vendor agree? YES Initials of Authorized Representative of Vendor
YES Initials of Authorized Representative of Vendor
Rev 4/18 Page 8
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?
(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 aprovision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) assupplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards ProvisionsApplicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance withthe statute, contractors must be required to pay wages to laborers and mechanics at a rate not less thanthe 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 acopy 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 wagedetermination. The non-Federal entity must report all suspected or reported violations to the Federalawarding 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 byLoans or Grants from the United States”). The Act provides that each contractor or subrecipient must beprohibited from inducing, by any means, any person employed in the construction, completion, or repairof 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 subgrants for construction or repair, Vendor will be in compliance with all applicable Davis-Bacon Act provisions.
Does Vendor agree?
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, allcontracts awarded by the non-Federal entity in excess of $100,000 that involve the employment ofmechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, assupplemented 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 astandard work week of 40 hours. Work in excess of the standard work week is permissible provided thatthe worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hoursworked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable toconstruction work and provide that no laborer or mechanic must be required to work in surroundings orunder working conditions which are unsanitary, hazardous or dangerous. These requirements do notapply to the purchases of supplies or materials or articles ordinarily available on the open market, orcontracts 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?
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definitionof “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into acontract with a small business firm or nonprofit organization regarding the substitution of parties,
YES Initials of Authorized Representative of Vendor
YES Initials of Authorized Representative of Vendor
YES Initials of Authorized Representative of Vendor
Rev 4/18 Page 9
assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient 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?
(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 subgrants of amounts in excess of $150,000 must contain a provisionthat requires the non-Federal award to agree to comply with all applicable standards, orders orregulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water PollutionControl Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awardingagency 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?
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR180.220) must not be made to parties listed on the government wide exclusions in the System for AwardManagement (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement ExecutiveOrders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarmentand Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwiseexcluded by agencies, as well as parties declared ineligible under statutory or regulatory authority otherthan 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?
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an awardexceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will notand has not used Federal appropriated funds to pay any person or organization for influencing orattempting to influence an officer or employee of any agency, a member of Congress, officer or employeeof 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 areforwarded 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
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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, aMember of Congress, an officer or employee of congress, or an employee of a Member ofCongress 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, orcooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any personfor influencing or attempting to influence an officer or employee of any agency, a Member ofCongress, an officer or employee of congress, or an employee of a Member of Congress inconnection with this Federal grant or cooperative agreement, the undersigned shall completeand submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with itsinstructions.
(3) The undersigned shall require that the language of this certification be included in the awarddocuments for all covered sub-awards exceeding $100,000 in Federal funds at all appropriatetiers and that all subrecipients shall certify and disclose accordingly.
Does Vendor agree?
(J) Procurement of Recovered Materials – When federal funds are expended, FBISD and its contractorsmust comply with section 6002 of the Solid Waste Disposal Act, as amended by the ResourceConservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only itemsdesignated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that containthe highest percentage of recovered materials practicable, consistent with maintaining a satisfactory levelof competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquiredduring the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in amanner that maximizes energy and resource recovery; and (3) establishing an affirmative procurementprogram 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? 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 subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
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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?
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?
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?
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?
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?
VENDOR AGREES TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, RULES, REGULATIONS, AND ORDINANCES. IT IS FURTHER ACKNOWLEDGED THAT
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VENDOR CERTIFIES COMPLIANCE WITH ALL PROVISIONS, LAWS, ACTS, REGULATIONS, ETC. AS SPECIFICALLY NOTED ABOVE.
Vendor Name
Address, City, State, Zip Code
Phone Number Fax Number
Printed Name and Title of Authorized Representative
Signature of Authorized Representative Date
Email Address
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FBISD Data Protection Addendum (v3.0)
1. Definitions.
a. “Agreement” is defined in the attached agreement between the District and Contractor forsoftware and/or software related services (“Services”), and includes the terms of theattached agreement and this Data Protection Addendum.
b. “District Data” includes all Personally Identifiable Information and other information thatis not intentionally made generally available by the District on public websites orpublications, 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 Servicesprovided by the Contractor under this Agreement.
d. “Personally Identifiable Information” (or PII) includes but is not limited to: personalidentifiers such as name, address, phone number, date of birth, Social Security number,and student or personnel identification number; personally identifiable informationcontained in student education records as that term is defined in the Family EducationalRights 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 Individualswith Disabilities Education Act, as amended (“IDEA”); “protected health information” asthat term is defined in the Health Insurance Portability and Accountability Act, 45 CFRPart 160.103 (“HIPAA”); nonpublic personal information as that term is defined in theGramm-Leach-Bliley Financial Modernization Act of 1999, 15 USC 6809 (“GLB”); creditand debit card numbers and/or access codes and other cardholder data and sensitiveauthentication data as those terms are defined in the Payment Card Industry Data SecurityStandards (“PCI-DSS”); other financial account numbers, access codes, driver’s licensenumbers; and state- or federal-identification numbers such as passport, visa or state identitycard 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 andextraordinary means.
f. “Security Breach” means an event in which District Data is exposed to unauthorizeddisclosure, 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 rightsincluding all intellectual property rights in and to District Data shall remain the sole and exclusiveproperty of the District, and Contractor has a limited, nonexclusive license as provided in thisAgreement solely for the purpose of performing its obligations hereunder. This Agreement doesnot give Contractor any rights, implied or otherwise, to District Data, content, or intellectualproperty, except as expressly stated in the Agreement.
3. Intellectual Property Rights/Disclosure.
a. Unless necessary to perform Contractor’s obligations under this Agreement or expresslyagreed by the District in writing, all goods, products, materials, documents, reports,writings, video images, photographs or papers of any nature including software orcomputer images prepared by Contractor (or its subcontractors) for the District under thisAgreement will not be disclosed to any other person or entity.
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b. The District agrees and acknowledges that Contractor owns all rights, title and interest to any and all intellectual property associated with the software or services provided by Contractor, including but not limited to all copyright, trademark, trade name, patent, trade secret, or any other intellectual property or proprietary right, whether registered or unregistered with respect to Contractor’s software and related services. Contractor represents that it has all intellectual property rights necessary to enter into and perform its obligations in the Agreement, warrants to the District that the District will have use of any intellectual property contemplated by the Agreement free and clear of claims of any nature by any third Party including, without limitation, copyright or patent infringement claims, and agrees to indemnify the District for any related claims.
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 Personally Identifiable Information 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. Except as provided in this subsection, Contractor will use District Data (including metadata and de-identified/aggregated data) only for the purpose of fulfilling its duties under this Agreement.
i. Contractor may not use or sell District Data (including metadata and de-identified/aggregated data)
1. to market or advertise to students, families/guardians, or District employees;
2. to inform, influence, or enable marketing, advertising, or other commercial efforts by Contractor or a third party;
3. for any commercial purpose other than fulfilling its duties under this Agreement.
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ii. Contractor may use de-identified aggregated data only for the purposes of development, research, and product improvement. Data shall be considered “de-identified” when PII is removed, an individual record cannot be linked back to the original record, and there is no reasonable basis to believe that the remaining information in the records can be used to identify an individual.
iii. [Check if Applicable] Contractor requests approval to use de-identified and aggregated data for limited marketing purposes. If approved, Contractor may utilize such data for the Limited Marketing Purpose identified below. Such data shall be aggregated with data from other districts or clients, and in no event may the de-identified/aggregated data be identified or identifiable as data from the District. Limited Marketing Purpose:
Authorized District Approval: 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.
f. Contractor is prohibited from Mining District Data for any purposes other than those agreed to by the Parties.
g. Contractor is prohibited from using the software or Services to advertise in any form (including banner ads) to District students, parents, or employees.
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 it 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, 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 background checks reviewing any national criminal history record information on all employees who have potential to access such data.
7. Data Authenticity and Integrity. Contractor will take reasonable measures to protect District Data against deterioration or degradation of data quality and authenticity.
8. Security Breach.
a. Response. Immediately upon, but in no event later than 24 hours after becoming aware of a Security Breach, or of circumstances that could have resulted in unauthorized access to
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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 or law enforcement, 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 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.
c. Except in the event of Contractor’s negligence, gross negligence, or willful misconduct, Contractors total liability to the District under this Section 8 shall not exceed three times the total amount paid to Contractor under the Agreement.
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, without significant interruption in service, and in the manner or format in which the data was provided. Contractor shall ensure that such transfer/migration uses facilities and methods that enable the District to access and use the District Data, are reasonably 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
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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 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 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 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 industry standard security audit which attests the Contractor’s security policies, procedures and controls;
ii. vulnerability scan of Contractor’s electronic systems and facilities that are used in any way to deliver Services under this Agreement; and
iii. formal penetration test of Contractor’s electronic systems and facilities that are used in any way to deliver Services under this Agreement.
c. Upon request, the Contractor will provide the District appropriate documentation of the above audits, scans and tests, and will promptly modify its security measures as needed in order to meet its obligations under this Agreement.
12. 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 Agreement in the same manner that Contractor itself is subject to the terms of this Data Protection Agreement.
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, Americans with Disabilities Act (ADA), as amended, and Federal Export Administration Regulations.
13. 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 Data. 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, to the extent the provisions conflict with this Agreement, shall be without effect, and the terms of this Agreement shall control.
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14. Term and Termination.
a. Term. This Agreement will become effective when the Contractor accepts the Agreement.It will continue in effect until all obligations of the Parties have been met, unless terminatedas provided in this Section. In addition, certain provisions and requirements of thisAgreement will survive its expiration or other termination in accordance with Section 16herein.
b. Termination by the District. The District may immediately terminate the Agreement if theDistrict makes the determination that the Contractor has breached a material term of thisData Protection Agreement.
c. Automatic Termination. This Agreement will automatically terminate without any furtheraction of the Parties upon the termination or expiration of the Agreement between theParties.
15. Survival. The Contractor’s obligations under Section 10 shall survive termination of thisAgreement until all District Data has been returned or Securely Destroyed.
16. Injunctive Relief. The Parties agree that Contractor’s disclosure or use (or threat to disclose oruse) any District Data in breach of this Agreement will cause immediate and irreparable harm tothe District and the District shall be entitled to immediate injunctive relief against any actual orthreatened violation, in addition to any of its other rights and remedies. In the event of any suit oraction arising under this Agreement, Contractor consents to mandatory and exclusive jurisdictionof 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
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MAP TO FBISD DISTRIBUTION CENTER
The Fort Bend ISD Distribution Center is located at 555 Julie Rivers Drive in Sugar Land. The Purchasing Department is on the second floor. 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=0x8640e7a9b4f0db83:0xdbid#49b5ced8406a,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 Dr/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.