RFP # Buyer: Pewitt Consolidated Independent School District I. GENERAL CONDITIONS

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1 PEWITT CONSOLIDATED 05/18/2018 INDEPENDENT SCHOOL DISTRICT BUSINESS OFFICE 1330 U.S. HWY 67 W P.O. Box 1106 Omaha, Texas (903) / FAX (903) Date REQUEST FOR PROPOSALS INTERCOM SYSTEM RFP # PROPOSAL RESPONSE FORM Please respond to Bid/Proposal by: Monday, June 4, 2018 at 2:00 p.m., Local Time Company Name: Authorized Rep.: Title: Signature: Delivery Date/Terms: Address: Phone: Fax: Buyer: Pewitt Consolidated Independent School District I. GENERAL CONDITIONS 1. SUBMISSION, MODIFICATION, AND WITHDRAWAL OF RFP a. Submission - The offeror should propose his/her lowest and best price, F.O.B. destination, on each item. All proposals, whether delivered by hand or mail, are due in sealed envelopes endorsed with RFP # no later than Monday, June 4, 2018 at 2:00 p.m. Local Time at the District s Business Office located at 1330 U.S. HWY 67 W, P.O. Box 1106, Omaha, Texas, Responses sent by overnight mail shall have I n t e r c o m S y s t e m R F P written on the delivery ticket. Proposal must be signed by an authorized agent of the vendor that has authority to bind the vendor contractually. Please submit one (1) original and one (1) unbound copy of all required documents as listed on the Submittal Checklist, including the Proposal Response Form and Scope of Work/Specification Form. For catalog proposals provide one (1) catalog with your submission and if awarded, be prepared to supply additional catalogs upon request. Proposals may not be faxed or ed. b. Modification - No response may be changed, amended, or modified, after the same has been submitted or filed in response to this solicitation, except for obvious errors in extension. These modifications must be made by written notice in accordance with original submission terms. Modifications or withdrawal of a proposal by the successful Proposer will be accepted only if the change is in the best interest of the DISTRICT and executed in writing. c. Withdrawal/Resubmission - A proposal may be withdrawn and resubmitted by written notice received by the Business Office prior to the exact hour and date specified on the proposal. A proposal may also be withdrawn in person by a 1

2 vendor or an authorized representative, provided his/her identity is made known and he/she signs a receipt for the proposal, but only if the withdrawal is made prior to the exact hour and date set for the receipt of proposals. Resubmissions may be done in accordance with the original submission terms in paragraph A above. d. Offer - This proposal 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/proposals. e. PCISD reserves the right to reject any or all bids or proposals and to waive any informality. b. Any reference within the following pages of this document to bid, Request for Proposal (RFP), Competitive Sealed Proposal (CSP) could be technically inaccurate but should be construed to mean and are used interchangeably as the designated legal method of procurement listed at the top of this page. 2. LATE PROPOSAL Proposals must be in the Business Office prior to the closing date and time. NO LATE PROPOSALS WILL BE ACCEPTED for any reason. All proposals delivered will be stamped with the date and time as proof they were received. The date and time in the Business Office shall be the official time of receipt. If a proposal is received after the stated date and time, it will be considered late and will not be opened. These proposals will be considered late and returned unopened. If a return address is not provided on the envelope, a late bid will be opened for identification purposes only and returned to the address provided within. 3. COSTS INCURRED IN RESPONDING All costs directly or indirectly related to the preparation of a proposal in response to this RFP or clarify the proposal shall be the sole responsibility of and borne by the REP incurring such costs. The District will not reimburse any REP for any cost incurred in the preparation, submission, or negotiation of a proposal. 4. AWARD DATE It is anticipated that a recommendation for this bid will be submitted at the next regularly scheduled Board of Trustees meeting taking into consideration internal timelines for submission. 5. ALL OR SOME PROPOSALS Proposers are requested to make a proposal on all of the items in the Proposal Form or Scope of Work/Specifications Form. However, partial proposals will be considered. 6. OPENING OF PROPOSAL Proposals will be publicly opened at the Business Office immediately after the date and time proposals are due. The District will read proposer s names. Proposers are invited to be present at the opening of this proposal on the above date and hour. 7. APPLICABILITY These conditions are applicable and form a part of the contract document and are 2

3 part of the terms and conditions of each purchase order (standard purchase terms and conditions) issued as a result of this proposal. The selected proposer will receive a Notice of Award with a contract that must be signed by the awarded proposer in accordance with specified timelines. If proposer has their own contract, they are to provide a copy of that contract for evaluation by the District and may require final evaluation and determination by the District s legal counsel. Any deviations to these general conditions and/or specifications shall be conspicuously noted in writing by the Proposer and shall be included with the proposal. The successful proposer will not begin services or deliver product without a purchase order signed by an authorized representative of the Pewitt Consolidated Independent School District and fully signed contract. The district will neither be responsible nor make payment for any goods delivered or services performed without a valid purchase order fully executed contract. 8. DETERMINING AWARD / EVALUATION OF PROPOSAL The District shall evaluate the proposal based on criteria as provided in the Texas Education Code (b). a. the purchase price - 30 point weight; b. the reputation of the vendor and of the vendor s goods or services - 15 point weight; c. the quality of the vendor s goods or services - 15 point weight; d. the extent to which the goods or services meet the district s needs - 20 point weight; e. the vendor s past relationship with the district - 10 point weight; f. the impact on the ability of the district to comply with laws and rules relating to historically underutilized businesses - 0 point weight; g. the total long-term cost to the district to acquire the vendor s goods or services - 5 point weight; h. Residency: for a contract for goods and services, other than goods and services related to telecommunications and information services, building construction and maintenance, or instructional materials, whether the vendor or the vendor s ultimate parent company or majority owner; (A) has its principal place of business in this state; or (B) employs at least 500 persons in this state; 3 point weight;.and i. any other relevant factor(s) specifically listed in the request for bids or proposal (i.e. delivery terms, safety records, certifications/licenses) - 2 point weight. Consideration may also be given to any additional information and comments if they increase the benefits to the DISTRICT. The Proposer must provide relevant information for the items above that will enable the District to evaluate the Proposer for each category. 9. RESPONDENT S ACCEPTANCE OF EVALUATION METHODOLGY Submission of a proposal indicates respondent s acceptance of the evaluation criteria and respondent s recognition that some subjective judgments must be made by the DISTRICT during the evaluations. 3

4 10. QUALIFICATION OF PROPOSER The DISTRICT may make investigations deemed necessary to determine the qualifications and/or ability of the Proposer to perform in accordance with the bid/proposal terms and conditions specified herein. The Proposer shall furnish to the DISTRICT all such information as the DISTRICT may request. The DISTRICT reserves the right to reject any Proposal if the Proposer fails to satisfy the DISTRICT that such Proposer is properly qualified to carry out the obligations of the contract. 11. DISQUALIFICATION OF PROPOSER Reasons that shall disqualify Proposers shall be disqualified and their responses not considered for any of the following reasons: a. Failure to submit proposal by required date and time b. Failure to submit required documents as specified on Submittal Checklist. c. Failure to submit prices in accordance with All or Some / All or None criteria as specified in #5, above. d. Failure to abide by Non-Collusion Statement as specified in # 37, below. e. Any pertinent information coming to the attention of the District resulting in material legal matters. 12. DISQUALIFICATION OF PROPOSER - Reasons that may disqualify Proposers may be disqualified and their responses not considered for any of the following reasons: a. Reason for believing collusion exists among Proposers. b. Reasonable grounds for believing that any Proposers have interest in more than one proposal or bid wherein there may be a conflict of interest. c. The Proposer being interested in any litigation against the Board or PCISD. d. The Proposer being in arrears on any existing contract or having defaulted on a previous contract. e. The Proposer being delinquent on any property taxes due to the District. f. Failure to demonstrate competency as revealed by any required financial statement, experience or equipment questionnaire, or omission or falsification of required proposal submittals on this or prior procurements, etc. g. Failure to demonstrate financial ability to fund the projects on an interim basis as revealed by a financial statement, financial records, bank references, etc. h. Current or uncompleted work, which, in the judgment of the District, will prevent or hinder the timely completion of additional work, if awarded. i. Failure to comply with applicable laws relevant to contracts with school districts. j. Other information or circumstances which establish reasonable grounds for belief that the proposer is not a responsible proposer. 13. INSURANCE REQUIRMENTS The contractor must provide a certificate of coverage to the District prior to being awarded the contract. Proposer may be disqualified for not providing this required document. 4

5 A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Department of Insurance (TDI), or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC- 84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project is required for the duration of the project. Duration of the project includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in Texas Labor Code ) include all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity that furnishes persons to provide services on the project. Services include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. Services do not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code (44) for all employees of the contractor providing services on the project for the duration of the project. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. The Contractor shall agree to waive all right of subrogation against the District, its officials, employees and volunteers for losses arising from work performed by contractor for the District. The following are the types of coverage and acceptable limits that shall be maintained: a. Worker s Compensation Insurance - documentation of insurance will be required prior to the work beginning. If applicable, the contractor shall procure and maintain during the life of this agreement Worker s Compensation Insurance in accordance with the Workers Compensation Act of the State of Texas and forwarded as evidence to the Pewitt Consolidated Independent School District that it is in force. 5

6 b. Comprehensive General Liability in the following minimum amounts: i. General Aggregate $1,000, ii. Products-Comp/Ops Aggregate $1,000, iii. Personal & Advertising Injury $1,000, iv. Each Occurrence $500, The Comprehensive General Liability Insurance must include liability coverage for bodily injury, personal injury (including employment related suits), independent contractor, blanket contractual, product, fire, medical expense, and complete operations. c. Comprehensive Automobile Liability Insurance in the following minimum amounts: i. Bodily Injury: $100, per person ii. Bodily Injury: $300, per accident iii. Property Damage: $100, per accident 14. BONDS (Performance and Payment) The contractor must provide a certificate of coverage to the District prior to being awarded the contract. Proposer may be disqualified for not providing this required document. The successful proposer must provide to PCISD a payment bond. The amount of the payment bond shall be equal to one hundred percent (100%) of the Contract Sum with a surety or sureties authorized to conduct an insurance business in the State of Texas and licensed, listed, and approved by the State of Texas to issue surety bonds in the State, and otherwise acceptable to the Owner. The surety or sureties shall be listed as an approved surety by the U.S. Treasury Department. Notwithstanding anything herein to the contrary, all bonds shall conform to the requirements of Chapter 2253, Texas Government Code, as amended. The bond shall be written on forms approved for use by Owner and shall be attached to and made a part of the Contract. 0 A payment bond required by this Paragraph #14 shall be signed by an agent resident in the State of Texas and the date of the bond shall be the date of execution of the contract. 15. WARRANTY Warranty conditions for all supplies and/or equipment shall be considered manufacturer s minimum standard warranty unless otherwise agreed to in writing. The District does not waive or limit any warranties, either expressed or implied, as to any services, products or goods made the subject of this bid. Failure to provide such information may be cause for rejection of the proposal. 6

7 16. IMPLIED AND EXPRESS WARRANTIES The implied warranty of merchantability and implied warranty of fitness for a particular purpose shall apply to all purchases initiated by this procurement process. The proposer shall assume all liabilities incurred within the scope of consequential damages and incidental exposures as set forth in the Uniform Commercial Code (as adopted in the State of Texas) which result from either delivery or use of a product which does not meet specifications within this document. The warranty conditions as stated herein shall be approximate and shall not be nullified, voided or altered in any way by the inclusion of the proposer s pre-printed forms with this document. The workmanship and material specified in this bid/proposal shall be fully guaranteed for a minimum period of one year from date of delivery and/or acceptance of work. 17. TITLE TO EQUIPMENT All freight is to be assumed by the proposer. No additional charges will be accepted. Title to goods and materials will not pass to the DISTRICT until installed and incorporated in the Project and officially accepted by the PCISD. 18. IDENTICAL PROPOSALS In the event of tie proposals, the DISTRICT, shall select by the casting of lots or award may be made to multiple vendors. 19. DISTRICT EXPRESSLY RESERVES THE RIGHT TO THE FOLLOWING: a. RIGHT OF AWARD - The DISTRICT reserves the right to make an award as is in its best interest and may consider and accept an alternate proposal when most advantageous to PCISD. b. RIGHT TO REJECT PROPOSALS AND WAIVE INFORMALITIES - The DISTRICT reserves the right to reject or cancel any and all proposals, waive any defect, irregularity or informality in any proposal or RFP procedure, waive minor deviations from specifications for goods or services at a lower price than other proposals meeting all aspects of the specifications if it is determined that the total cost is lower and overall function is not impaired, and to choose the proposal that is most advantageous and provides the best value for the District. c. RIGHT TO HOLD PROPOSALS - The DISTRICT reserves the right to hold proposals for 60 days before awarding the contract. d. RIGHT TO AMEND REQUEST FORPROPOSAL - The DISTRICT reserves the right to amend the REQUEST FOR PROPOSAL prior to proposal opening date. The DISTRICT may also consider and accept an alternate proposal as provided herein when most advantageous to the DISTRICT. e. RIGHT OF NEGOTIATIONS The DISTRICT reserves the right to conduct discussions and negotiate final scope and price. f. RIGHT TO CANCEL CONTRACT PCISD has the right to terminate or cancel the contract issuing as a result of this procurement process for cause or no cause (for convenience) with a thirty-day written notice. In that event, the successful proposal will be entitled only to the actual cost of the work up to the date of termination. The successful proposer will not be entitled to any other damages or compensation of any kind as a result of a termination or cancellation of the contract. 7

8 g. NO EXCLUSIVITY This is not an exclusive award and no guaranteed volumes of purchases are guaranteed. PCISD reserves the right to procure any items or services by other means at the sole discretion of PCISD. 20. LIST PRICE OR DISCOUNT PERCENT For list price proposals, the price shall be fixed for the entire contract period. For discount percentages, the discount percent shall be applied on a fixed per-unit price. The fixed per- unit price shall be fixed for a specified period of time, at least quarterly. The discount percentages shall be for the contract period specified. If the per-unit price will fluctuate at the quarterly intervals, proposer must disclose the maximum increases being proposed. 21. ALTERNATE PRODUCTS AND METHODS/SUBSTITUTIONS The showing or mentioning in these specifications of certain trade products and methods is done partly for the purpose of establishing a standard of quality. The mentioning of trade names does not imply that the mentioned products are the only ones that will receive approval or consideration. Please submit name of product of each item proposed. Substitutions from the brand(s) proposed will not be accepted unless approved in writing by the Purchasing Director. Samples of possible substitution items may be requested at that time. 22. AVAILABILITY OF FUNDS All awards are subject to approval upon availability of funds. In the event funds do not become available, the contract may be terminated with a written notice. 23. SALES TAX EXEMPTION The DISTRICT qualifies for exemption of the Texas limited sales, excise and use tax; sales tax will not be charged on these purchases. 24. REBATES/PROMOTION ITEMS If a rebate is offered by the manufacturer of a proposal item(s) after proposal is awarded, the successful proposers will advise the DISTRICT and deduct the rebate from the proposal price. If a special promotion is offered by the vendor, the vendor must clearly disclose the criteria for earning the promotion. All promotions shall be coordinated with the Business Office directly. 25. INSPECTION OF PROPOSAL ITEM(S) The proposal item(s) will be inspected upon arrival and upon installation. All defects will be repaired or replaced at the expense of the successful proposer. 26. SUBSTITUTIONS The use of brand names and catalog numbers does not prohibit the substitution of other brands of equal or greater quality, unless "no substitute or only" is specified in the PROPOSAL. All substitutions must meet or exceed specifications to be acceptable. The make, model, and description of all substitutions must be listed by specified item. FAILURE OF THE 8

9 VENDOR TO COMPLY WITH THESE SPECIFICATIONS MAY, AT THE OPTION OF THE DISTRICT DISQUALIFY THAT PORTION, OR THE ENTIRE BID, FROM CONSIDERATION. THE DISTRICT RESERVES THE RIGHT TO DISALLOW ANY SUBSTITUTIONS, IN WHOLE OR IN PART. 27. SAM PLES Samples, when requested, must be furnished at no cost to the District. If not destroyed during examination, they will be returned to the bidder/proposer upon request, at the company's expense. Each sample, when requested, should be clearly marked with the bidder's name and item number on the bid/proposal. DO NOT ENCLOSE IN OR ATTACH BID/PROPOSAL TO SAMPLE. 28. INVOICING Invoices must be addressed to the Accounts Payable Dept. at the above address. Payment of undisputed amounts on a properly submitted invoice will usually be made within the time specified by the Texas Prompt Payment Act. If an invoice is not properly submitted, the District will not be responsible for late and/or finance charges. 29. TERMINATION BY DISTRICT For Cause - The DISTRICT shall have the right to terminate for default all or any part of the contract or purchase order issuing from this procurement process if the successful proposer breaches any of the terms hereof, including warranties, or if the contractor becomes insolvent or files a petition in bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which PCISD may have in law or equity, specifically including, but not limited to, the right to collect for damages or demand specific performance. The DISTRICT may also terminate the contract or purchase order for unsatisfactory service performance. Additionally, PCISD may terminate the contract and debar the successful proposer from future participation in competitive procurement for violations of the federal requirements including, but not limited to, Contract Work Hours and Safety Standards Act, Equal Employment Opportunity Act, and Energy Policy and Conservation Act. Without Cause - The DISTRICT may terminate all or any part of the contract or purchase order issuing from this procurement process at will, for cause or no cause, with 30-days written notice to the awarded proposer. Termination hereunder shall be effected by the delivery to the awarded proposer a Notice of Termination specifying the date upon which such termination becomes effective. Waiver of the right to terminate at will at any time does not affect the right of the District to terminate the contract at will at another time and does not affect the right of the District to terminate under any other provision of the contract. Delinquent Property Taxes - Proposer affirms that it does not currently owe or is not otherwise indebted to the Pewitt Consolidated Independent School District for adjudicated delinquent property taxes. The Pewitt Consolidated Independent School District reserves the right to reject a proposal if the Proposer is currently indebted to the Pewitt Consolidated Independent School District for delinquent taxes and reserves the right to terminate a contract if the successful Proposer subsequently becomes delinquent. The Pewitt 9

10 Consolidated Independent School District further reserves the right to deduct any delinquent taxes owed from payments that the aforementioned school district may owe to the successful Proposer under the awarded contract. 30. CERTIFICATION OF PAYMENT Payment by the DISTRICT will be made in accordance with the terms of the contract. 31. COMPLIANCE WITH LAWS a.) The successful proposer shall comply with all laws, rules, regulations, and ordinances of the State of Texas, the County of Morris, and the City of Omaha, Texas relating to the contract awarded as a result of this procurement process, and the successful proposer shall comply with all requirements of the Pewitt Consolidated Independent School District regulating or applying to the performance of the awarded contract. b.) The successful proposer agrees not to discriminate against any employee or applicant for employment to be employed in the performance of this agreement, 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) or race, color, religion, national origin, or ancestry. The successful proposer further agrees that every subcontract entered into for the performance of this agreement will contain a provision requiring non-discrimination in employment of each subcontractor. Breach of this covenant may be regarded as a material breach of the agreement. c.) The successful proposer shall procure and maintain during the life of this agreement Workers Compensation Insurance in accordance with the Workers Compensation Act of the State of Texas, adequately protecting all labor employed by the successful proposer during the life of this agreement and shall provide evidence to the Pewitt Consolidated Independent School District that such insurance is, in fact, in force. All Certificates of Insurance shall be forwarded to the Business Office of the Pewitt Consolidated Independent School District. d.) When applicable, the successful proposer shall comply with OSHA safety rules and any other safety guidelines and standards as required by the Pewitt Consolidated Independent School District. 32. FELONY CONVICTION NOTIFICATION A person or business entity that enters into a contract with the DISTRICT shall notify the DISTRICT if the person or an owner or operator of the business entity has been convicted of a felony. Such notice shall include a general description of the conduct resulting in the conviction. Failure to provide such information may result in termination of the contract. Vendors shall complete and submit the Felony Conviction Notification included with this packet in the Required Forms. 33. CONFLICT OF INTEREST No member or spouse of the board, president, superintendent, business manager or any other person holding any position or employment under said board, shall be directly or indirectly interested in a purchase, sale, business, work or contract, the expense, price or consideration of which is paid from school funds of said district, nor shall any such 10

11 officer or employee purchase any warrants or claims against said board of district, or any interest herein, or become surety for any person or persons having a contract or any kind of business with said board, for the performance of which security may be required. Anyone violating this provision shall be removed from office, or be discharged from services by the majority of the board. No member of said board shall vote upon any question in which such member has an interest, distinct and apart from that of the citizens at large, and any member shall disclose such interest and refrain from voting. All interested parties shall comply with Board Policy BBFA (LEGAL), Conflict of Interest Disclosures; and, if applicable (for members of the Board and Superintendent), complete and submit Exhibit found at BBFA (EXHIBIT). Also, please refer to The Texas Ethics Commission website at for more information. Additionally, an employee interested in responding to this proposal shall disclose to his or her immediate supervisor a personal financial interest, a business interest, or any other obligation or relationship that in any way creates a potential conflict of interest with the proper discharge of assigned duties and responsibilities or that creates a potential conflict of interest with the best interest of the District, Board Policy DBD (LOCAL). 34. INDEPENDENT CONTRACTOR Nothing herein shall be construed as creating the relationship of employer or employee between the Pewitt Consolidated Independent School District and the contractor/vendor or between the Pewitt Consolidated Independent School District and the contractor's/vendor's employees. The contractor/vendor is an independent contractor and nothing contained herein shall constitute or designate the contractor/vendor or any of his employees as employees of the Pewitt Consolidated Independent School District. 35. GENERAL ETHICAL STANDARDS Gratuities - It is a breach of ethics to offer, give or agree to give any employee or former employee of a school district, or for any employee or former employee of a school district to solicit, demand, accept or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore pending before this government. Acceptance of gratuities may be construed as a criminal offense. Kickbacks - It is a breach of ethics for any payment, gratuity or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor for any contract of a school district, or any person associated therewith, as an inducement for the award of a subcontract or order. The prohibition against gratuities and kickbacks prescribed above will be conspicuously set forth in the District s contract resulting from this procurement process. 11

12 36. NON-COLLUSION STATEMENT The proposer affirms that he/she is duly authorized to execute a contract, that this company, corporation, firm, partnership or individual has not prepared this proposal in collusion with any other Proposer, and that the contents of this proposal as to prices, terms or conditions of said proposal have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this proposal. The proposer also affirms that they have not given; offered to give, do not intend to give at any time hereinafter any economic opportunity, future employment, gift, loan, gratuity, specified discount, trip, favor, or service to a private service in connection with this contract. Proposer further affirms that after the opening of this proposal, proposer (or any representative of proposer s company) will not discuss the contents of this proposal with any person affiliated with PEWITT CISD, other than the Business Manager, the Superintendent of Schools, the Director of Operations, the Proposal Evaluation Committee, or their Designee, prior to the awarding of this proposal. Failure to observe this procedure will cause the proposal to be rejected. 37. INDEMNIFICATION PROVISION The written contract executed between the successful respondent and PEWITT CISD will contain an indemnification provision in which the successful respondent agrees to DEFEND, INDEMNIFY, AND HOLD PEWITT CISD HARMLESS FROM AND AGAINST ANY AND ALL LOSS, EXPENSE, COST OR LIABILITY ARISING FROM ANY CLAIM OR CAUSE OF ACTION FOR LOSS OR DAMAGE INCLUDING REASONABLE COSTS, COLLECTIONS EXPENSES, AND ATTORNEYS FEE INCURRED, WHICH ARISE BY REASON OF THE ACTS OR OMISSIONS OF THE SUCCESSFUL PROPOSER, ITS AGENTS OR EMPLOYEES RELATING TO RESPONDENT S PERFORMANCE OF SERVICES OR THE GOODS MADE THE SUBJECT OF THIS PROPOSAL. PEWITT CISD will not indemnify the successful proposer. 38. GOVERNING LAW AND VENUE This RFP award, and any resulting contract or business transaction, shall be governed by and interpreted in accordance with the laws of the State of Texas without regard to its conflict of laws or choice of law principles. It is understood and agreed by both the successful proposer and the DISTRICT that venue for any disputes or litigation arising out of this RFP award and any resulting contract or business transaction shall be in the state district court(s) of Morris County, Texas. The contractor/vendor understands and agrees that the above general proposal specifications are terms and conditions of the contract between the Pewitt Consolidated Independent School District and the contractor/vendor. These general proposal specifications and terms and conditions shall control and govern in the event of any conflict with any other terms and conditions submitted by the contractor/vendor. 39. PROPOSAL INTERPRETATION No interpretation to the meaning of this RFP or other documents will be given orally. Every request will be in writing, addressed to the Business Office, and must be received at least five days prior to the date fixed for the opening of the bids. Any and all such 12

13 interpretations and supplemental instructions will be in the form of written addenda to this RFP, which if issued, shall be provided to all known prospective proposers. Failure of any proposer to receive any such addenda or interpretations shall not relieve such proposer from any obligation under his proposal as submitted. All addenda so issued shall become part of the contract document. 40. RIGHT TO AUDIT CLAUSE The District upon written notice shall have the right to audit all documents relating to all projects. Records subject to audit shall include, but not be limited to records which may have a bearing on matters of interest to the District in connection with the Vendor s work for the District and shall be open to inspection and subject to audit and/or reproduction by the District s agents or its authorized representative to the extent necessary to adequately permit evaluation and verification of (a) Vendor s compliance with contract requirements (b) compliance with District procurement policies and procedures (c) compliance with provisions for computing billings to the District and (d) any other matters related to the contract between the District and the successful proposer. Additionally, in accordance with TEC (c) the state auditor may audit purchases of goods or services by the District. 41. NO ARBITRATION CLAUSE There will be no agreement for binding arbitration in any written contract between PEWITT CISD and successful proposer relating to any dispute involving the services, products or goods made the subject of this RFP or the response to it. 42. NO LIMITATION OF LIABILITY REMEDIES OR DAMAGES PEWITT CISD will not contractually agree to limit in any manner either Respondent s potential liability or PEWITT CISD s potential remedies or damages relating to or arising from any potential dispute between the parties or relating to the services, products or goods made the subject of this proposal. 43. OTHER INFORMATION Failure to respond to this proposal in writing may result in your removal from our proposer/bid list. Proposals received after the time and date specified will not be considered and will be returned to the proposer unopened. Vendors may keep one copy of this proposal for their files. Questions regarding this RFP may be directed by U.S. mail, facsimile or to the following: Dr. Andy Reddock Pewitt CISD 1330 U.S. HWY 67 W P.O. Box 1106 Omaha, Texas

14 Fax: (903) Proposals are due no later than Monday, June 4, 2018, 2:00 p.m. Local Time at the District s Administration Office located at 1330 U.S. HWY 67 W, Omaha, Texas in a sealed envelope and marked as such: Intercom System RFP 14

15 II. BID / PROPOSAL PROCESS OVERVIEW 1. The bids/proposals are released to the potential bidders. 2. Deadline for submitting the Bids/Proposals. 3. The Pewitt Consolidated Independent School District reviews all Bids/Proposals and selects the Bids/Proposals reasonably qualified for selection of award. 4. The Pewitt Consolidated Independent School District and bidder(s) enter into discussions, negotiations, and revisions of Proposals as necessary. 5. A recommendation to the Pewitt Consolidated Independent School District Board of Trustees for Bid/Proposal award. 6. The Bid/Proposal is executed with the successful proposer. 15

16 NON-COLLUSION STATEMENT "The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership, or individual has not prepared this bid/proposal in collusion with any other Bidder/Proposer, and that the contents of this bid/proposal as to prices, terms, or conditions of said bid/proposal have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid/proposal." Vendor: Address: Address: Phone: Fax: Proposer Name (Print): Proposer Signature: Proposer Title / Position: Company Official Signature: Company Official Name (Print): 16

17 DEBARMENT AND SUSPENSION CERTIFICATE CERTIFYING STATEMENT In accordance with Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section the contractee certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or Agency. Vendor: Address: Address: Phone: Fax: Company Official Signature: Company Official Name (Print): Company Official Title: 17

18 Dear Vendor: NOTICE OF NO BID FORM If at this time your company will be submitting a NO BID for this bid/proposal please check the appropriate box below, complete the remainder of this form, and return this form only to the address listed below PRIOR to the scheduled DATE and TIME. Our company cannot provide the products, supplies, and/or services listed in this request. Please MOVE our name and address to the following category(ies) so that we may submit a proposal at a later date. Category(ies): We have chosen NOT to submit a bid/proposal at this time but would like to remain on your list for this category. We did not submit a bid/proposal because: Reason(s): Please REMOVE our name from all Pewitt CISD lists until further notice. Reason(s): Company Name: Address: Phone: Fax: Address: Representative: Authorized Signature: Please return this form to: PEWITT CISD NOTICE OF "NO BID" 1330 U.S. HWY 67 W OMAHA, TEXAS VENDORS WHO RESPOND TO THIS INVITATION WITH A COMPLETED BID/PROPOSAL FORM WILL REMAIN ON OUR MAILING LIST. VENDORS MAKING NO RESPONSE AT ALL MAY BE REMOVED FROM THAT LISTING. 18

19 CERTIFICATION BY CORPORATE OFFEROR To PEWITT CONSOLIDATED ISD IF OFFEROR IS A CORPORATION, THE FOLLOWING CERTIFICATE SHOULD BE EXECUTED AND INCLUDED AS PART OF PROPOSAL FORM/PROPOSAL FORM. OFFEROR: (Name of Corporation) I, certify that I am the Secretary of (Name of Corporate Secretary) the Corporation named as OFFEROR herein above; that (Name of person who completed proposal document) who signed the foregoing proposal on behalf of the corporation offeror is the authorized person that is acting as (Title/Position of person signing proposal/offer document within the corporation) of the said Corporation; that said proposal/offer was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. CORPORATE SEAL SIGNATURE DATE 19

20 FELONY CONVICTION NOTICE Statutory citation covering notification of criminal history of contractor is found in the Texas Education Code # Following is an example of a felony conviction notice: State of Texas Legislative Senate Bill No. 1, Section , Notification of Criminal History, Subsection (a), states a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony. Subsection (b) states a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract. THIS NOTICE IS NOT REQUIRED OF A PUBLICLY-HELD CORPORATION Complete only one of the three below: A or B or C. I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best of my knowledge. Official: Print Authorized Company Official s Name A. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable. Signature of Authorized Company Official: B. My firm is not owned nor operated by anyone who has been convicted of a felony: Signature of Authorized Company Official: C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony: Name of Felon(s): Details of Conviction(s): Signature of Authorized Company Official: 20

21 Notice to Vendors Conflict of Interest Disclosure Statements Texas Local Government Code, Chapter 176 Vendors are required to file a Conflict of Interest Questionnaire (Form CIQ) with the District if an employment or business relationship or family relationship exists between the vendor and a local government officer ( LGO ) of the District or a family member of the LGO. THERE ARE POTENTIAL CRIMINAL PENALTIES FOR FAILURE TO COMPLY WITH TEX. LOCAL GOVT. CODE CHAPTER 176. Certain terms used herein are defined in Chapter 176. Vendors are encouraged to review and become familiar with all disclosure requirements of Chapter 176 and Form CIQ. The information contained herein is for information purposes only and shall not be construed as legal advice. "Vendor" means a person who enters or seeks to enter into a contract with a local governmental entity. The term includes an agent (including an employee) of a vendor. A vendor is required to file a completed Form CIQ if the vendor has a business relationship with Pewitt Consolidated ISD (the District ) and: 1. has an employment or other business relationship with a Local Government Officer ( LGO ) of the District, or a family member of the LGO; 2. has given a LGO of the District, or a family member of the LGO, one or more gifts that have the aggregate value of more than $100 in the 12-month period specified in Loc. Govt. Code Section (a)(2)(B), excluding any gift described by Section (a-1); or 3. has a family relationship with a LGO of the District. Form CIQ must be filed with the appropriate District records administrator: 1. Not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the District; or (B) submits to the District an application, response to a request for proposals or bids, correspondence, or other writing related to a potential contract with the District; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a LGO, or a family member of the LGO; (B) that the vendor has given one or more gifts described above; or (C) of a family relationship with a LGO. 2. The vendor also shall file an updated completed questionnaire (Form CIQ) not later than the seventh business day after the date on which the vendor becomes aware of an event that would make a statement in the questionnaire in complete or inaccurate Local Government Officers (LGOs) of the Pewitt Consolidated Independent School District, as of May 23, 2018, include: 1. Members of the Pewitt Consolidated ISD Board of Trustees: A list of board members can be found on the District s website at 2. Superintendent of Schools: Dr. Andy Reddock 3. An agent (including an employee) of Pewitt Consolidated ISD who exercises discretion in the planning, recommending, selecting, or contracting of a vendor. If you are required to file a Conflict of Interest Questionnaire (Form CIQ), send the completed form to Dr. Andy Reddock, Pewitt Consolidated Independent School District, 1330 US Highway 67 West, Omaha, Texas

22 Texas Education Code Chapter 22 Contractor Certification for Contractor Employees Introduction: Texas Education Code Chapter 22 requires entities that contract with school districts to provide services to obtain criminal history record information regarding covered employees. Contractors must certify to the district that they have complied. Covered employees with disqualifying criminal histories are prohibited from serving at a school district. Definitions: Covered employees: Employees of a contractor or subcontractor who have or will have continuing duties related to the service to be performed at the District and have or will have direct contact with students. The District will be the final arbiter of what constitutes direct contact with students. Disqualifying criminal history: Any conviction or other criminal history information designated by the District, or one of the following offenses, if at the time of the offense, the victim was under 18 or enrolled in a public school: (a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law or the laws of another state. On behalf of ("Contractor"), I certify that [check one below]: [ ] None of the employees of Contractor and any subcontractors are covered employees, as defined above. If this box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure that the employees of Contractor and any subcontractor will not become covered employees. Contractor will maintain these precautions or conditions throughout the time the contracted services are provided. Or [ ] Some or all of the employees of Contractor and any subcontractor are covered employees. If this box is checked, I further certify that: (1) Contractor has obtained all required criminal history record information regarding its covered employees. None of the covered employees has a disqualifying criminal history. (2) If Contractor receives information that a covered employee subsequently has a reported criminal history, Contractor will immediately remove the covered employee from contract duties and notify the District in writing within 3 business days. (3) Upon request, Contractor will provide the District with the name and any other requested information of covered employees so that the District may obtain criminal history record information on the covered employees. (4) If the District objects to the assignment of a covered employee on the basis of the covered employee's criminal history record information, Contractor agrees to discontinue using that covered employee to provide services at the District. 22

23 Noncompliance or misrepresentation regarding this certification may be grounds for contract termination. Company name Printed name of Company Representative: Signature Date 23

24 24 RFP #

25 25 RFP #

26 SCOPE OF WORK / PROPOSAL SPECIFICATIONS Pewitt CISD is looking to replace 2 existing Dukane Legacy Systems, 1 at the High School and 1 at the Jr. High, with 1 new Carehawk by Dukane Intercom System (or equal or comparable system) that will serve both campuses and work with all existing speakers. This RFP also requires the installation of an additional 11 speakers. 8 of which speakers will be located at the Field House. 3 of those 8 will be inside exposed-type ceiling speakers, 2 will be inside lay-in type ceiling speakers, 2 will be outside wall mounted paging horns, and 1 will be an inside wall mounted paging horn. 2 more outside wall mounted paging horns will be installed at the High School Ag Shop. The last of the 11 additional speakers is to be located at the Elementary playground and would be an outside wall mounted paging horn. The intercom system, must have features that offer emergency notification, ability to page all rooms at once, page single rooms and have the ability to communicate to the office from classrooms. Specifics of intercom system IP base / Hybrid Be able to create zone for paging Be able to have multiple bell schedules Intergrade wall mount clocks Two-way communication from classrooms to office Provide emergency notification Background music 26

27 SUBMITTAL CHECKLIST Proposal Response Non-Collusion Statement Felony Conviction Notice Certification by Corporate Offeror Debarment & Suspension Certificate Certifying Statement Notice of No Bid form, if applicable Conflict of Interest Questionnaire Criminal Background Check Form, if applicable Certificate(s) of Insurance, if applicable Bonds (Performance & Payment), if applicable Catalogue(s), if applicable 1 Original and 1 unbound copy (RFP) 1 Original and 1 unbound copy Request for Qualifications (RFQ) Other: 27