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NORTHSIDE INDEPENDENT SCHOOL DISTRICT PURCHASING DEPARTMENT 607 Richland Hills Dr. Suite 700 San Antonio, Texas 78245 210-397-8707 Please BID the following no later than February 18, 2016, 10:30am Please write or type your company name above January 23, 2016 REQUEST FOR PROPOSAL Sealed Proposals to be Marked RFP #2016-054 Page 1 of 13 Price - F.O.B. - Destination (Price must be extended) Copier Service ARTICLES AND DESCRIPTION Northside Independent School District is receiving sealed proposals for Copier Service, RFP #2016- 054 as per the attached specifications. Bids will be accepted at the office of the Director of Purchasing, 607 Richland Hills Drive, Suite 700, San Antonio, TX 78245, until 10:30 a.m., CST, Thursday, February 18, 2016, at which time they will be opened and tabulated for School Board approval. Bidders are invited to be present for the bid opening. It is not the policy of Northside Independent School District to purchase on the basis of low bids alone, “Best Value” being the controlling factor. The District will evaluate each bid received and make award(s) based on the criteria enumerated in Texas Education Code §44.031(b). All proposals shall include the cost of transportation to various locations within Northside Independent School District, San Antonio, Texas. Any exceptions to or deviations from this, or any other terms and conditions listed in this bid, must be stated in writing and attached to this bid at the time of the bid opening. Bidders must fill in all blanks on items being bid, for example Bidder’s Brand Name and Model Number, Unit Price and Total Price. The above information must be clear and concise. Unit Price and Total Columns must be figured correctly (if applicable) by the bidder or bid may be rejected. This bid form must be used and all bids are to be signed below. Original signature in blue ink required (no digital signature). Failure to follow these instructions could be cause for the bid not to be accepted. To insure proper receipt of bid response, please include Company Name, Bid Number and Bid Name on the outside of the delivery envelope or package. ****************************************************************************************************** This Bid is a firm offer which shall be irrevocable and open for acceptance for calendar days (60 calendar days unless otherwise specified) from the day set for submission of bids. When no bid is returned, the vendor is removed from our vendor list. NOTE: Use this form. If necessary to go into detail, attach a letter. Exclude Federal & State tax. The right is reserved to accept or reject quotations on each item separately or as a whole. By: George M. Ayala, Director of Purchasing Delivery Date A.R.O.* *After Receipt of Order Discount/ Payment Terms: (e.g. 2% 10, Net 30) Signature: (Original signature in BLUE ink required) Name: Type or Print Title: Telephone: Fax: Email:

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NORTHSIDE INDEPENDENT SCHOOL DISTRICT PURCHASING DEPARTMENT

607 Richland Hills Dr. Suite 700 San Antonio, Texas 78245

210-397-8707

Please BID the following no later than February 18, 2016, 10:30am

Please write or type your company name above

January 23, 2016 REQUEST FOR PROPOSAL Sealed Proposals to be Marked RFP #2016-054 Page 1 of 13 Price - F.O.B. - Destination (Price must be extended) Copier Service

ARTICLES AND DESCRIPTION

Northside Independent School District is receiving sealed proposals for Copier Service, RFP #2016-054 as per the attached specifications. Bids will be accepted at the office of the Director of Purchasing, 607 Richland Hills Drive, Suite 700, San Antonio, TX 78245, until 10:30 a.m., CST, Thursday, February 18, 2016, at which time they will be opened and tabulated for School Board approval. Bidders are invited to be present for the bid opening. It is not the policy of Northside Independent School District to purchase on the basis of low bids alone, “Best Value” being the controlling factor. The District will evaluate each bid received and make award(s) based on the criteria enumerated in Texas Education Code §44.031(b). All proposals shall include the cost of transportation to various locations within Northside Independent School District, San Antonio, Texas. Any exceptions to or deviations from this, or any other terms and conditions listed in this bid, must be stated in writing and attached to this bid at the time of the bid opening. Bidders must fill in all blanks on items being bid, for example Bidder’s Brand Name and Model Number, Unit Price and Total Price. The above information must be clear and concise. Unit Price and Total Columns must be figured correctly (if applicable) by the bidder or bid may be rejected. This bid form must be used and all bids are to be signed below. Original signature in blue ink required (no digital signature). Failure to follow these instructions could be cause for the bid not to be accepted.

To insure proper receipt of bid response, please include Company Name, Bid Number and Bid Name on the outside of the delivery envelope or package. ****************************************************************************************************** This Bid is a firm offer which shall be irrevocable and open for acceptance for calendar days (60 calendar days unless otherwise specified) from the day set for submission of bids. When no bid is returned, the vendor is removed from our vendor list.

NOTE: Use this form. If necessary to go into detail, attach a letter. Exclude Federal & State tax. The right is reserved to accept or reject quotations on each item separately or as a whole.

By: George M. Ayala, Director of Purchasing

Delivery Date A.R.O.* *After Receipt of Order Discount/ Payment Terms: (e.g. 2% 10, Net 30) Signature: (Original signature in BLUE ink required) Name:

Type or Print Title: Telephone: Fax: Email:

NISD RFP #2016-054 Page 2 of 13

FELONY CONVICTION NOTIFICATION State of Texas Legislative Senate Bill No. 1, Section 44.034, Notification of Criminal History, subsection (a), states “a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony”. Subsection (b) states “a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business for services performed before the termination of the contract.

THIS NOTICE IS NOT REQUIRED OF A PUBLICLY HELD CORPORATION.

Non-Federal entities are prohibited 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 for goods or services equal to or in excess of $100,000.00. Contractors receiving individual awards for $100,000.00 or more and all subrecipients must certify that the organization and its principals are not suspended or debarred. By submitting this offer and signing this certificate, this bidder: • Certifies that the owner/operator has not been convicted of a felony, except as indicated on a

separate attachment to this offer, in accordance with Sec. 44.034, Texas Education Code, and • Certifies that no suspension or disbarment is in place, which would preclude receiving a

federally funded contract under the Federal OMB, A-102, Common Rule (§ .36) Vendor Name: Vendor Address: Vendor E-mail Address: Vendor Telephone: Fax Number: Authorized Company Official’s Name: (Printed) Signature of Company Official: Date:

NISD RFP #2016-054 Page 3 of 13

GENERAL SPECIFICATIONS Scope & Intent The Northside Independent School District (“District”, “Northside” or “NISD”) is accepting proposals for Copier Services. It is the intent of the District to secure the services from the low, responsive, responsible bidder (“contractor”) whose bid conforms to the requirements of this solicitation. All bidders are to quote on a single cost per copy basis. Copier services resulting from this bid will support the instructional programs of the District at all campus locations in addition to administrative functions at District support facilities and campus administrative offices. It is the intent of the District to replace all machines currently under the existing cost per copy contract and, as necessary, to use this contract to add additional copiers as required for growth and new schools. Northside Independent School District Overview Northside is an accredited K-12 public school system serving the northwest quadrant of San Antonio, Texas. Enrollment for the school year 2015 – 2016 is 104,539 making NISD the 4th largest school District in Texas and the largest of 15 school districts in Bexar County. Current facilities include 100 plus campuses and support sites. Enrollment growth remains steady at approximately 3,000 students per year. The District’s employee workforce is approximately 13,500, with growth averaging 500-700 employees per year. Schedule of Events RFP Release January 27, 2016 Questions Due February 3, 2016 at 2:00 PM Question and Answer Release February 8, 2016 RFP Due February 18, 2016 at 10:30 AM Recommendation to Board of Trustees March 22, 2016

Questions Regarding this RFP Questions regarding this RFP must be submitted in writing or via email to: George M. Ayala 607 Richland Hills Dr. Suite 700 San Antonio, TX 78245 Attn: RFP #2016-054 -or- [email protected] Questions must be submitted by 2:00 PM, CST, January 3, 2016 to [email protected], with answers to be posted on the Purchasing website @ http://nisd.net/purchasing-dept/purchasing/current-bids on February 8, 2016. Current Base This contract will be for the replacement of approximately 545 copiers (multi-functional devices) currently in use District wide. In addition, the District is scheduled to open 2 new schools in the 2016-2017 school year which is estimated to require 4 high-speed copiers (Item #1, page 8) and 2 medium-speed copiers (Item #2, page 8).

NISD RFP #2016-054 Page 4 of 13

New Equipment All equipment submitted in this request for proposal must be new, never used equipment. No re-manufactured, re-built, rental or demo equipment will be accepted. All copiers must be of current manufacture, no discontinued equipment. The District will require the successful vendor to continue to provide new equipment during the term of this contract to meet the needs for new schools and additional copiers in other locations. If during the term of the contract a copier is discontinued or receives a manufacture upgrade the vendor will be required to provide the new model at no extra charge to the District, at this same cost per copy quoted. F.O.B. Point Delivery and installation of the equipment hereunder shall be Free on Board to the final destination at various locations within Northside to be specified in purchase orders placed against this contract. Installation Contractor shall be responsible for unloading, unpacking, installation and set up of all copiers in the room and location specified by the applicable Department Head. Contractor shall remove all cartons and packing materials from the final destination at no cost to the District. There will be no additional cost for installation, removal or relocation of equipment during the term of this contract. Contractor shall provide all technical assistance which may be required during the installation and initial use of the equipment. Removal Removal of copiers provided shall be within 5 days after written notice to the contractor to remove the equipment. Level of Copy Quality Copiers furnished hereunder shall provide copies of acceptable quality on the various types of paper normally used for copying purposes in a school environment. In order to be acceptable, copiers must create top quality copies with consistency and reliability. This consistency and reliability must be maintained throughout all features and functions of the equipment. Copier Downtime The successful vendor must maintain a quarterly average uptime of 95% on all equipment provided under this contract during Normal Business Hours (excluding scheduled preventative maintenance). “Operational” means substantial compliance with the manufacturer’s specifications and/or performance standards. “Normal Business Hours” means 8AM to 5PM CST of any work day listed on the official District calendar. Downtime will begin when a service call is placed and will end when the equipment is operational again. If at any time the contractor fails to maintain a copier at a quality state of operation, the contractor shall replace it with another new unit, which meets or exceeds contract requirements at not cost to the District. Contractor shall also replace any copier if downtime equals or exceeds 24 working hours in any 30-day period. Such replacement shall also be with a unit that meets or exceeds contract requirements and shall be replaced at not cost to the District. The successful vendor must maintain a quarterly average response time to service calls of 2 to 5 hours for any copier provided under this contract. Supplies All toner, developer, fuser oil, lubricants, staples or any other required consumables, except paper, shall be provided by the contractor at no additional cost to the District. Contractor shall deliver all required supplies as required to each individual school or department.

NISD RFP #2016-054 Page 5 of 13

Testing of District Furnished Supplies Contractor will be asked by the District to periodically test sample copy paper and transparencies to assure their successful use in the equipment. If asked, the District will furnish a minimum of 5 cases of paper and 10 boxes of transparencies for testing. Results of these tests will be reported to the Director of Purchasing. Billing and Payment Contractor shall be paid monthly in arrears for the actual number of copies made on each copier. All invoices must include the beginning and ending meter readings and reflect the total number of copies made for the month. Unless a contractor offers a prompt payment discount in their original proposal response, the District terms will be Net 30 days. Meter Readings Proposers must explain in detail how they will manage and obtain monthly meter readings, i.e., via personal visit, telephone call, post card, online submittal, etc. Any forms used for this purpose should be included with the proposal for District review and approval. Contract Term This is a firm fixed price, estimated quantity copy service contract for 48 months with an option to renew annually for two additional one-year terms. Additional Requirements It is anticipated that Northside Independent School District may have additional requirements for copiers not specifically indicated. Bid prices shall apply to any additional requirements called for. Any additional copiers awarded shall extend from date of installation through the contract period.

Installation Schedule It is the intent of the District to have equipment installed for the 2015-2016 school year. The Purchasing Department and the successful contractor will develop actual delivery and installation schedules. All copiers must be installed prior to the first week of school. Evaluation of Bids Bid evaluation will be done based on the information provided by the bidder. It is very important that the bidder provide all required information as part of their bid. Failure to provide necessary information and documentation could result in the bid being rejected. Demonstration of Equipment The District may require the bidder to demonstrate the copier machine being bid. Equipment Evaluation The District subscribes to and will use several different independent consumer guides to gain knowledge of all equipment submitted as part of this bid. Funding Funding for payment on this contract has been provided through “contracted services” in the District budget 2015 – 2016.

NISD RFP #2016-054 Page 6 of 13

Title of Equipment This is a “Contracted Service” provided to the District. Under no condition should or will title to the equipment pass to or be transferred to the District at any time during the term of the contract or upon its completion. Questions by Bidders All Questions must be submitted by 2:00 PM, CST, February 3, 2016 to [email protected], with answers to be posted on the Purchasing website @ http://nisd.net/purchasing-dept/purchasing/current-bids on February 8, 2016. The Director of Purchasing shall act as the District administrator for the proposal and any contract resulting from this request for proposal. Proposal Acceptance Period All bids received shall remain in effect and subject to acceptance for a period of sixty (60) days from bid opening date. Bids citing a shorter period may be rejected as non-responsive. Receipt of Proposals All Proposals must be submitted either by hand or delivery service in an opaque envelope clearly marked: Northside ISD RFP #2016-054. Proposals should be delivered to 607 Richland Hills Dr., Suite 700, San Antonio, TX 78245. Emailed or faxed proposals will not be accepted. Northside ISD assumes no responsibility for proposals delivered late or to the wrong location. Proposals received after the due date indicated in this RFP will be returned, unopened, to the originator. The cost of preparing and submitting proposals is the sole responsibility of responders to this proposal. Electrical Requirements Northside currently has 110-volt electrical outlets for copier use at all locations. Electrical requirements and the type of receptacle required are a major interest to the District. Consideration will be given to any equipment bid that can plug in to the existing power supply without requiring a change out of the receptacle. Bidders must provide the District with a detail specification of the electrical requirements and plug type for review. General Use Conditions All copiers will be installed in teacher work areas for teacher use or administrative offices. They will be in a “walk-up” environment and in most cases will not have dedicated operators. Therefore all copiers should be user friendly. Non-Appropriations of Funds In the event future funds are not appropriated for this service, the District reserves the right to cancel this contract without penalties of any type upon thirty (30) days written notice to the vendor. Training The successful vendor must be able to provide in-service and training to staff at each delivery site. A qualified trainer or someone who is familiar with the equipment and all of its functions must do this training. All training must be scheduled with the campus administration. Contracting Parties: The successful contractor must be either the manufacturer of the equipment or an authorized dealer with a letter of support for the duration of the contract signed by the manufacturer. Such letter of support shall be addressed to Northside Independent School District and include the manufacturers intention to fully support Northside Independent School District in the event any problems arise from dealing with the authorized dealer.

NISD RFP #2016-054 Page 7 of 13

Disadvantaged Business Enterprise Policy The Northside Independent School District, its contractors, their subcontractors and suppliers, as well as all vendors of goods, equipment, and services, shall not discriminate on the basis of race, color, religion, national origin, handicap, or sex in the award and/or performance of contracts. All vendors, suppliers, professionals, and contractors doing business, or anticipating doing business, with Northside Independent School District shall support, encourage, and implement affirmative steps toward the goal of establishing equal opportunity for all of the citizens.

History of Copier Volume Please contact Pauline at [email protected] to receive a spreadsheet indicating the copier volumes by location for the last six years. This information will be provided for the purpose of preparing a response to this RFP. This information is being furnished as “information only” with the understanding that the District does not guarantee any annual or monthly volumes. It is strictly intended to provide the vendors with a comfort zone based on the past six (6) years performance. The District will not accept proposals that contain monthly minimum cost or monthly base charges. The District also reserves the right of “Summer Waiver” for copiers that are not in service when school is not in session. Proposal Selection Criteria 1. The purchase price 2. The reputation of the vendor and of the vendor’s goods or services 3. The quality of the vendor’s goods or services 4. The extent to which the goods or services meet the District’s needs. 5. The vendor’s past relationship with the District 6. The total long-term cost to the District to acquire the vendor’s goods or services 7. Any other relevant factor that a private business entity would consider in selecting a vendor. Criteria

# Criteria Description Weighted Value

1 The purchase price 35% 2 The reputation of the vendor and of the vendor’s goods or

services 5%

3 The quality of the vendor’s goods or services 15% 4 The extent to which the goods or services meet the District’s

needs 15%

5 The vendor’s past relationship with the District 10% 6 The total long-term cost to the District to acquire the vendor’s

goods or services 10%

7 Any other relevant factor that a private business entity would

consider in selecting a vendor 10%

Total 100%

References Bidders must provide a minimum of five (5) references currently using the same type of equipment proposed. NISD is primarily interested in references from other large school districts.

NISD RFP #2016-054 Page 8 of 13

REFERENCES REFERENCES WILL BE REQUESTED OF NEW VENDORS: Vendors must submit a list of at least 5 references for which vendor has provided like products in volumes equal to or greater that the estimates listed in the proposal. Educational and governmental agencies are preferred. This list may be placed in a separate envelope and labeled “PROPRIETARY” and is subject to public view. Failure to provide references may cause proposal to be considered non-responsive. Company:

Address: City / State / Zip Code:

Contact Person: Phone:

Company:

Address: City / State / Zip Code:

Contact Person: Phone:

Company:

Address: City / State / Zip Code:

Contact Person: Phone:

Company:

Address: City / State / Zip Code:

Contact Person: Phone:

Company:

Address: City / State / Zip Code:

Contact Person: Phone:

NISD RFP #2016-054 Page 9 of 13

TEXAS EDUCATION CODE §44.02(b) QUESTIONNAIRE As required in Texas Education Code §44.031(b), in determining to whom to award this contract, the District shall consider: the purchase price, the reputation of the vendor and the vendor’s goods or services, the quality of the vendor’s goods or services, the extent to which the goods or services meet the district’s needs, the vendor’s past relationship with the district, the impact on the ability of the district to comply with laws and rules relating to historically underutilized businesses, the total long-term cost to the district to acquire the vendor’s goods or services, whether the vendor or the vendor’s ultimate parent company or majority owner: A) has its principal place of business in Texas or B) employs at least 500 persons in Texas and finally, any other relevant factor specifically listed in the request for bids or proposals.

CONFLICT OF INTEREST DISCLOSURE: Pursuant to Chapter 176, Texas Local Government Code, vendors doing or seeking to do business with Northside ISD must submit a Conflict of Interest disclosure form if they have a business relationship as defined by Section 176.001(1-a) with a local government entity and meet the disclosure requirements of Section 176.006(a). A person commits an offense (Class C misdemeanor) if they knowingly violate Section 176.006, Local Government Code. The District's electronic Conflict of Interest Disclosure form can be found here: http://nisd.net/business/purchasing/ciq . CERTIFICATE OF INTERESTED PARTIES – FORM 1295 Effective January 1, 2016 all contracts executed by the Northside ISD Board of Trustees’, regardless of the dollar amount, will require completion of Form 1295 "Certificate of Interested Parties", per the new Government Code Statute §2252.908. All vendors submitting a response to a formal Bid, RFP, SOQ or any contracts, contract amendments, renewals or change orders are required to complete the Form 1295 online through the State of Texas Ethics Commission website. Additional information can be found at: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm Item #1: Equipment Specifications / Requirements for Instructional Copiers for teacher/ classroom use. All equipment bid must meet or exceed the following specifications: Minimum Copy Speed 70 CPM Multi-copy Copy Paper Size 8 – ½ x 11, 8 – ½ x 14 Original Size Up to 11 x 17 Multi-copy Setting 1 – 999 Paper Tray Capacity Minimum 1000 sheets Auto Document Feed See Below Auto Duplexing Full function 1:2, 2:2, and 2:1 Reduction /Enlargement Yes, Open per Mfg. Book Copy Yes Process Dry Toner Transparency Yes User Password, code Yes Pause / Interrupt Standard Scanning Yes Networking Capability Yes Fax Capability Yes Item #2: Equipment Specifications / Requirements for Administrative Copiers for staff/ office use. Minimum Copy Speed 40 CPM Multi-Copy All other requirements same as above for Item #1

NISD RFP #2016-054 Page 10 of 13

Automatic Document Feed for the purpose of this bid means the capability of taking a stack of originals of either letter or legal size and duplexing them as required to produce the required sets of copies without operator intervention. Optional Equipment In some cases the District may require the use of the following optional equipment. Vendors are asked to quote the Total cost per copy if the feature or option will be used by the District. Sorter – 20 Bin Sorter – 40 Bin Stapler Future Needs Northside ISD is also enabling new features on our Multifunction Printer (also called MFPs or copiers). The copier has the ability to scan to network folders and email address, act as a secure network printer allowing staff to print documents from their classroom to the workrooms, and monitor the number of copies/prints a user is making. It is the intent of the District to move forward with this and other several copier device related initiatives during the term of this contract, to include networking the devices for greater operational control and utilizing fax, scanning and printing functionality. Vendors should describe in detail as part of their response what services and/or assistance that they can provide to the District to assist in moving forward with these initiatives. In addition, vendors should describe what, if any, software they offer to control and oversee copier use, and provide descriptive literature of such software if it is available.

Northside ISD is also enabling new features on our Multifunction Printer (also called MFPs or copiers). The copier has the ability to scan to network folders and email address, act as a secure network printer allowing staff to print documents from their classroom to the workrooms, and monitor the number of copies/prints a user is making.

LEFT BLANK INTENTIONALLY

NISD RFP #2016-054 Page 11 of 13

BID SHEET

301 each Item #1, High-Speed Instructional Copiers as specified above. Cost per copy $__.__ __ __ __ Base price Copier Manufacture ________________________________________________ Copier Model No.: _________________________________________________ District Options: If applicable and not included in vendor’s base price above Cost per Copy with 20 bin sorter $__.__ __ __ __ Cost per Copy with 40 bin sorter $__.__ __ __ __ Cost per Copy with stapler $__.__ __ __ __ 245 each Item #2, Medium Speed Administrative/Office Copiers as specified above. Cost per copy $__.__ __ __ __ Base Price Copier Manufacture __________________________________________________ Copier Model No.: __________________________________________________ District Options: If applicable and not included in vendor’s base price above Cost per Copy with 20 bin sorter $__.__ __ __ __ Cost per Copy with 40 bin sorter $__.__ __ __ __ Cost per Copy with stapler $__.__ __ __ __ Number of Certified Repair technicians Number of technicians dedicated to NISD Number of installation technicians for deployment Number of trainers dedicated to NISD Average Response Time Is the principal place of business for your company in the State of Texas? Yes_____ No_____ Does your company employ at least 500 people in the State of Texas? Yes_____ No_____ Company Name Contact Person Company Address Phone Number Fax Number Email

NISD RFP #2016-054 Page 12 of 13

MINIMAL ESSENTIAL COVENANTS 1. Northside Independent School District (Northside) considers cash discounts or discounts for prompt payment

when evaluating bids (For example, 2% 10, Net 30 or 1% 15, Net 30). 2. When a brand name is used, it is for the purpose of establishing quality. Although certain manufacturer brand

names and numbers may be specified, alternates can be considered at District’s discretion. The bidder/proposer, by bidding an alternate, warrants that products being bid meet or exceed all stated specifications. When an alternate is bid, bidder/proposer must furnish complete and descriptive literature on item(s) bid. If an alternate is bid and descriptive literature is not included, the bid may be considered invalid and rejected.

3. The District reserves the right to reject any and/or all bids and to make awards on the individual items as they may appear to be most advantages to the District, to include award of different items to different vendors, and to waive all formalities in bidding.

4. The term “As Specified” or “A/S” will not be accepted. If bidding on a make or model other than specified, bidder/proposer is to list make and model of item being bid and must state any deviations from the item specified. The burden of proof of compliance with this specification will be the responsibility of the vendor. Samples of items which are not as specified must be available to the District within 72 hours after our request.

5. The bid is a firm offer which shall be irrevocable and open for acceptance for _______calendar days (60 calendar days unless otherwise specified) from the date set for submission of bids. A 60 day minimum is usually required for School Board approval.

6. Bids received after the due date and time specified will not be considered. 7. When a bid is not returned, the vendor’s name is removed from the bidder list for this commodity. 8. Questions in regard to this bid must be submitted to the Director of Purchasing for clarification. 9. Payment: Payment terms will be Net 30 after acceptance of delivery of goods or services. 10. Bidder/proposer hereby affirmatively states that it has not participated in any act of collusion, favoritism,

gratuity, or inside dealings with any member of the staff of Northside or its Board of Trustees. 11. Any contract resulting from this solicitation shall be construed under and in accordance with the laws of the

State of Texas. Any legal action or proceeding brought or maintained, directly or indirectly, as a result of this solicitation shall be heard and determined in the City of San Antonio, Bexar County, Texas.

12. Renewal, if applicable, of resulting Contract will be in accordance with Local Government Code 271.903 concerning non-appropriation of funds for multi-year contracts. The Board of Trustees of Northside Independent School District, or its designee, reserve the right to rescind the Contract at the end of each fiscal year if it is determined that there are insufficient funds to extend the Contract.

13. All expenses resulting from preparation and responding to this bid/proposal shall be the sole responsibility of the bidder/proposer and not reimbursable. This provision includes, but is not limited to, bid bonds, performance and payment bonds, reproduction (copy) services, etc.

14. All purchases made as a result of this solicitation shall be delivered FOB: Inside Delivery at no additional charge to the District.

15. Contact between bidders/proposers and District staff other than those in the Purchasing Department during the bidding process or evaluation process is prohibited. Any attempt by a bidder/proposer to contact District staff outside the Purchasing Department may result in disqualification.

16. The District utilizes Electronic Funds Transfer (EFT) to pay for goods and services. Vendors awarded a contract as a result of this solicitation will be required to provide appropriate banking information to receive payment.

17. A Vendor awarded a Contract as a result of this solicitation shall defend, indemnify, and save whole and harmless Northside Independent School District and all of its officers, agents, and employees from and against all suits, actions, or claims of any character, name and description brought for or on account of any injuries or damages (including death) received or sustained by any person or property on account of, arising out of, or in contention with, any negligent act or omission of Vendor or any agent, employee, subcontractor or supplier of Vendor in the execution or performance of this Contract. The Vendor shall also defend and indemnify the Northside Independent School District against claims by any subcontractor, supplier, laborer, materialman or mechanic for payment for work or materials provided on behalf of the Vendor in the performance of the services contemplated herein, and all such claimants shall look solely to the Vendor and not Northside Independent School District for satisfaction of such claims.

NISD RFP #2016-054 Page 13 of 13

CERTIFICATE OF INTERESTED PARTIES – FORM 1295

A person or business entity entering into a contract and/or agreement with NISD is required by the New Government Code Statute §2252.908, to complete Form 1295 “Certificate of Interested Parties”. This form must be submitted online at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. Once the online submission has been processed and a claim number has been issued, the form must be printed with the claim number, notarized and then submitted along with the bid/quote/proposal document(s). If Form 1295 is not submitted along with your bid/quote/proposal response, your response will be considered “non-responsive” and will be disqualified.