Competitive Sealed Proposal (CSP) CSP Number: 151015 Title: Library Jobber Due Date: October 15, 2015 Prior to: 3:00 pm Mail or deliver complete CSP package to: Denton Independent School District Purchasing Department 1213 N. Locust St. Denton, TX 76201 For additional information, please contact the person listed below. All questions must be submitted in writing (email preferred) and received on or before 3:00pm CST, October 7, 2015. . Cheryl Farmer, Asst. Purchasing Agent cfarmer@dentonisd.org PROPOSER IDENTIFICATION (Please print information clearly) Firm Name: Date: Address: Phone: Fax: City/St/Zip: Email: You MUST sign the CSP Signature Sheet on page 14 in order for your CSP to be accepted. Library/Jobber CSP 151015 Page 1 of 25 COMPETITIVE SEALED PROPOSAL (CSP) LIBRARY JOBBER DENTON INDEPENDENT SCHOOL DISTRICT The Denton Independent School District is accepting responses to this Competitive Sealed Proposal (CSP) for Library Jobber. The Proposer is strongly encouraged to read the entire CSP document prior to submitting response. Failure to provide the information requested in its entirety may be grounds for disqualification of the CSP. Section 1.0: Instructions to Proposers 1.1 Proposals will be received NO LATER THAN 3:00pm CST, October 15, 2015 in the Purchasing Department, 1213 N. Locust St., Denton, TX 76201. Proposals received after this date and time will not be considered. The district will not accept faxed or emailed proposals. 1.2 If due to inclement weather, natural disaster, or for any other cause the District office location where bids/proposals are to be submitted is closed on the due date, the deadline for submission shall automatically be extended to the next District business day on which the office is open, unless the proposer is otherwise notified by the District. The time of day for submission shall remain the same. 1.3 Addenda will be posted to the Denton ISD website, www.dentonisd.org. All Proposers receiving this CSP other than directly from Denton ISD are responsible to obtain all addenda that pertains to the CSP. All addenda become a part of the CSP documents. Proposers shall acknowledge receipt of all addenda on the Signature Sheet. 1.4 All vendor communications must be directed in writing to: Cheryl Farmer, Assistant Purchasing Agent Denton ISD Purchasing Department 1213 N. Locust St. Denton, TX 76201 Email: cfarmer@dentonisd.org Fax: 940-369-4991 (Include the CSP Number & Name in the subject line) 1.5 Library/Jobber The proposal submission will include one (1) original and seven (7) copies and must be sealed in an envelope, box or container, clearly marked on the outside with CSP 151015 – Library Jobber. CSP 151015 Page 2 of 25 1.6 Prices shall be firm for the period of one year from the date of award. After the initial one year period, any proposed price change(s) must be submitted in writing and signed by an authorized company representative to be considered. Prices will remain firm during each individual and renewal year. Notices must be received at least sixty (60) days prior to the effective date. Within this 60-day period, the District reserves the right to re-bid any affected items. 1.7 If any exceptions are taken to any portion of the CSP, the proposer must clearly indicate the exception taken and include a full explanation on the Deviation/Compliance Signature Form or as a separate attachment to the CSP. The failure to identify exceptions or proposed changes will constitute acceptance by the Supplier of the CSP as proposed by the District. The District reserves the right to reject a CSP containing exceptions, additions, qualifications or conditions. 1.8 To be considered for award of this solicitation, all pages requiring signature plus any/all attachments, must be completed with all requested information, signed and returned sealed in an envelope or other appropriate package adequate to conceal and contain the contents prior to the CSP date and time. 1.9 The CSP response must be signed by an individual authorized to contractually bind the company submitting the CSP. A failure to sign the CSP could cause it to be rejected as non-responsive. The CSP must include full company name and address of Proposer, the title or authority to bind his/her firm in a contract and contact information. A Signature Sheet is included in this packet. 1.10 Denton ISD reserves the right to accept or reject any and/or all of the proposals, to waive technicalities, to be the sole judge of quality and equality, to be the sole judge as to the definition of “best overall benefit” and accept the proposal that is in the best interest of the district. 1.11 The District reserves the right to acquire reasonable amount of additional goods or services, as listed on this CSP, subject to verification of the same or lower prices and conditions on the CSP. 1.12 Vendors that do business with a school district are required to file a questionnaire to identify any potential conflicts of interest. The CONFLICT OF INTEREST QUESTIONNAIRE is included in this proposal. 1.13 Possession of fire arms, alcohol and/or drugs, even in vehicles, is strictly prohibited on school district property. Use of any tobacco products is not permitted on school property. 1.14 The term of this contract, upon governing body approval, shall be for a period of two (2) years beginning November 11, 2015 through October 31, 2017 with an option to renew for two (2) two year extensions, with governing body approval, based on the long-range needs of the District and mutual consent of both parties. The final expiration date would be October 31, 2021. 1.15 The extension will be subject to the availability of funds, product quality, vendor performance, and the agreement of both parties to extend. Library/Jobber CSP 151015 Page 3 of 25 1.16 Section 2.0: The District reserves the right to extend this solicitation at the end of any contract term for up to 60 days if determined to be in the best interest of the District to ensure the availability of products and/or services. All purchase orders dated and issued within these dates will be subjected to the terms and conditions of this CSP. Standard Terms and Conditions 2.1 The District reserves the right to accept or reject any and/or all proposals, to waive any technicalities, to waive any formalities, to be the sole judge of quality and equality, to accept the proposal that is in the best interest of the district, and the right to waive minor irregularities in the procedures. 2.2 The District further reserves the right to reject all proposals and seek new proposals when such procedures are in the best interest of the district. The District also will be the sole judge as to the definition of “district’s best interest”. 2.3 No orders are to be placed without a purchase order signed by the Purchasing Agent. No payment will be made for orders filled without an approved purchase order. 2.4 All invoices must include the purchase order number and sent to: Denton Independent School District Accounts Payable Department P. O. Box 2387 Denton, Texas 76202 2.5 Denton ISD is exempt from Federal Excise Tax. DO NOT INCLUDE TAX IN CSP PRICES. Excise Tax Exemption Certificate will be furnished upon request. 2.6 Transfer or assignment of this contract by the proposer is prohibited. 2.7 Denton ISD is a member of the Educational Purchasing Cooperative of North Texas (EPCNT). Several governmental entities around Denton ISD have indicated an interest in being included in this contract. All purchases by entities other than Denton ISD will be billed directly to that entity and paid by that entity. Denton ISD will not be responsible for another entity’s debts. 2.8 Certificates of Insurance, if required (Section 4.0), are to name Denton ISD as Certificate Holder. The following limits shall apply to each type of insurance coverage. Library/Jobber 2.8.1 Worker’s Compensation and Employer’s Liability Insurance with statutory limits in conjunction with Employer’s Liability Insurance with limits no less than $500,000 per accident/disease is required. 2.8.2 Commercial Automobile Liability and Property Damage covering all owned, non-owned and hired vehicles to be used in performance of this work; Bodily CSP 151015 Page 4 of 25 injury and Property Damage coverage shall be in an amount no less than $100,000 per person/$300,000 per occurrence/$100,000 property damage. Section 3.0: 3.1 2.8.3 Commercial General Liability Damage Insurance – Comprehensive general liability insurance in the amount of $500,000 per occurrence. 2.8.4 Umbrella Liability Insurance – Liability on a following form basis with a limit not less than $1,000,000 per occurrence in excess of all primary limits. Evaluation Criteria Final evaluation of this proposal will be based on the Texas Education Code 44.034 (b) per the General Conditions. Evaluation of pricing will be based on Unit Price value to be submitted on the “Pricing Sheet”. POINT VALUE EVALUATION CRITERIA Purchase Price Reputation of the vendor and vendor’s goods or services Quality of the vendor’s goods or services Extent to which the goods or services meet the district’s needs Vendor’s past relationship with the district Impact of district’s compliance with laws and rules relating to Historically Underutilized Businesses Total long-term cost to the district Other relevant factors specifically listed in this CSP Total Points 40 10 20 15 3 2 5 5 100 3.2 The District does not award contracts on pricing alone. The District reserves the right to award the contract to the proposer(s) who offer the proposal with the best value and in the best interest of the district. 3.3 The District reserves the right to be the sole judge as to the definition of “best value” and “Best interest of the district”. Section 4.0: Special Terms and Conditions 4.1 The District intends to award this proposal to Multiple Vendors if it is in the best interest of the District. 4.2 To be considered for award of this solicitation, all pages requiring signature, plus any/all attachments, must be legible and completed with all requested information, signed and returned sealed in an envelope or other appropriate package adequate to conceal and contain the contents prior to the CSP date and time. Required documents are: Library/Jobber CSP 151015 Page 5 of 25 4.2.1 4.2.2 4.2.3 4.2.4 4.2.5 4.2.6 4.2.7 4.2.8 4.2.9 4.2.10 4.2.11 4.2.12 4.2.13 4.2.14 Signature Sheet Deviation / Compliance Signature Form SB9 – Criminal History Record Information Non-Collusion Statement Criminal Background Check and Felony Convection Notification Debarment or Suspension Certification Form Nonresident Bidder’s Certification Conflict of Interest Questionnaire Interlocal Agreement Clause (EPCNT) - Optional References Vendor Data Form W-9, Tax Payer Identification Number & Certification Valid copy(s) of Certificates of Insurance – if applicable HUB certification documentation – if applicable 4.3 In addition to the regular purchases, this proposal will be used for purchasing the collections for one (1) new High School, one (1) new Elementary School in the 2016-2017 school year and one (1) new Middle School in the 2017-2018. 4.4 All requirements for cataloging, electronic data and processing apply to all book categories. Book Categories include: 4.5 Library/Jobber 4.4.1 Hardback books - in a variety of bindings, may be accepted, depending on availability, but school and library bindings are preferable and will be expected unless out-of-print. Hardback editions will make up the majority of all orders. There will be no substitutions of paperback books for hardback unless expressly stated. 4.4.2 Pre-bound books - shall constitute two additional categories of books requested. The two categories of pre-binds shall be (1) hard cover binding of new trade books and (2) hard cover binding of new paperbacks which have been pre-bound to ensure longer life. These titles shall be available from a catalog that will assure 90% or better fulfillment with delivery within 60 days of receipt of order. All binding shall be of library quality and will be guaranteed. 4.4.3 Bilingual / Foreign Language books - for companies whose main inventory is dedicated to titles in Spanish, Chinese, Vietnamese, Farsi and/or other languages, and that can supply hard and soft cover books. 4.4.4 Paperback books – and paper “big books” will often be purchased for library use. 4.4.5 eBooks - will be purchased at the district and campus levels for use at home and at school. Each record must have a Call Number, as well as appropriate subject headings. Audio Visual Materials will be purchased for Library use. All standard cataloging and electronic data shall be provided. Custom cataloging charges must be approved by Library Services prior to fulfillment. CSP 151015 Page 6 of 25 4.6 Librarians are not authorized to respond to any telemarketing offers for either special purchases or preview programs. All book purchases are made through vendors (1) approved through this CSP or (2) registered as a sole source vendor. Please direct to the appropriate division the request that all Denton ISD schools be removed from any telemarketing databases in use by your company. 4.7 Service Amenities: Vendor will supply the following services upon request of the district representative: YES NO Customer Service 4.7.1 Provide the name of a specific company representative for the Denton ISD account to assist with adjustments or coordination of transactions. ____ ____ 4.7.2 Provide a representative to meet with a group of librarians to clarify and explain the full utilization of services provided by the vendor (if requested by the District). ____ ____ 4.7.3 Provide a toll-free telephone service that can be accessed for immediate customer service regarding book transactions. ____ ____ Provide a cataloging service that can be tailored to specifically ____ meet the needs of the District and the individual campus. All books with dust jackets will be covered with mylar jacket regardless of available cataloging. Books will be accepted if cataloging is not available. Cataloging needs to follow established standards, including proper use of diacritics when appropriate, as well as using Library of Congress authorities for series (800 or 830 tags) and other authority controlled fields. ____ Cataloging and Processing 4.7.4 Communication 4.7.5 Electronically confirm all orders in which a list has been submitted not more than fifteen (15) calendar days from the date the original order for books is received. 4.7.6 All communication regarding open purchase orders and titles lists should be directed directly to Library Services, and not to the individual school or librarian. ____ ____ Electronic Data Requirements 4.7.7 Library/Jobber Provide electronic data in US MARC format with 949 MARC tag for local holdings, which will include Library of Congress subject headings and Library of Congress Children’s headings with deduplication of headings that are duplicate terms, retaining the CSP 151015 Page 7 of 25 YES NO ____ ____ ____ ____ ____ ____ 4.7.11 Web-based ordering system must permit title lists to be Shared electronically with other accounts. ____ ____ 4.7.12 Provide Web-based MARC record downloading capabilities or provide MARC records via electronic file. ____ ____ Library of Congress subject heading if there are duplicates. (see full specifications below). Electronic records will be included with or electronically prior to each shipment. If barcodes are requested, it is the responsibility of the vendor to contact Denton ISD Library Services for barcode range and specifications. 4.7.8 Library Security tag installation shall be included only for high schools as needed. Security systems in use are Checkpoint and 3M. 4.7.9 Shipping and handling charges will not be added to Invoice. Value-Added Services 4.7.10 Provide a Web-based ordering component for creating title lists and collection analyses. 4.8 Shipping Requirements: 4.8.1 Shipments of books will be FOB Destination. Only inside deliveries will be accepted. Please note: Neither Library Services nor schools have a loading dock, so any pallets will need to be off-loaded by hand or by device provided by delivery service and may require the pallet(s) broken down to gain entry into the building. 4.8.2 All orders are to be shipped to: Library Services 1213 N. Locust Denton, TX 76201 (Unless otherwise directed on the purchase order) 4.8.3 Shipping labels must be included with all orders and must include the following information: 4.8.3.1 Name and number of school placing order/Library Processing Center. 4.8.3.2 Address of Denton ISD Library Processing Center. Library/Jobber CSP 151015 Page 8 of 25 4.8.3.3 District purchase order number from original request. 4.7.3.4 Packing slip enclosure notification prominently displayed in plain sight on the outside of each shipping container. 4.8.4 Shipping boxes are to be numbered to indicate sequence (box 1 of 4, 2 of 4, etc). 4.8.5 Questions concerning shipping should be directed to: Library Services library@dentonisd.org 940-369-0087 4.8.6 MARC records will be provided electronically when books are shipped, and must be received no later than the books. 4.8.7 Each shipment will contain 2 copies of the packing slip, with line item titles and a clear indication of the quantity of titles reflected in the shipment. 4.8.8 All freight/delivery charges are to be included in bid prices. NO shipping and handling charges will be paid on invoice. 4.8.9 Orders may be rejected in whole or in part and returned to the vendor at the vendor’s expense under the following conditions: 4.8.9.1 Books which are defective, damaged, substituted editions or titles for those specified, or otherwise not in compliance with the original order. 4.8.9.2 Unauthorized shipments for orders which were not confirmed. 4.8.9.3 Orders received without a bon-a-fide purchase order. 4.8.9.4 Books which have been processed incorrectly may be returned for adjustments to the problem area (barcodes, spine label, anti-theft strips) at the District’s discretion. 4.9 Any questions about processing should be directed to Library Services at 940-369-0087, NOT to the school librarian. 4.10 Invoicing and Billing Requirements: 4.10.1 All books shall be invoiced as line item titles appearing as specified by each purchase order or online order, with totals clearly indicating the quantity of titles reflected by the invoice. 4.10.2 Payment of invoice will be made when all discrepancies between orders and books received and invoices have been adjusted. Library/Jobber CSP 151015 Page 9 of 25 4.11 Conditions of Contract Obligations: Confirmation of Order (Timeline) Orders received by the vendor will be stamped with a mailing date. 4.11.1 If a title list acknowledgement is not received by the District within the fifteen (15) day designated time allocation, the order may be cancelled. 4.11.2 The majority of books on order will be shipped in the first shipment, with the balance to follow in one or two additional shipments. The District will expect to receive 50% or more of the order within sixty (60) days after vendor’s receipt of list. One or two backorders will be accepted if they are received within ninety (90) days of the initial shipment. All titles unavailable at the time will be cancelled. 4.11.3 Shipping of orders will be FOB destination. Only inside deliveries will be accepted. No curb or tailgate deliveries will be accepted. 4.11.4 All Freight / delivery charges are to be include in bid prices. No shipping and handling charges will be paid on invoice. Condition of Order Rejection Orders may be rejected in whole or in part and returned to the vendor at the vendor’s expense under the following conditions: 4.11.5 Books in an order which are defective, damaged, substituted editions or titles for those specified, or otherwise not in compliance with the original order request. 4.11.6 Unauthorized shipments for orders which were not confirmed. 4.11.7 Orders received without a verified Purchase Order number. 4.11.8 Books which have been processed incorrectly many be returned for adjustments to the problem area (barcode, spine label, anti-theft strip) at the District’s discretion. 4.12 Any questions concerning processing, should be directed to Library Services at 940-369-0087 or library@dentonisd.org. and not the school Librarian. 4.13 The vendor’s bid officer should make all processing specifications known to his/her own processing department in order that they may adjust records for all schools. Library/Jobber CSP 151015 Page 10 of 25 PROPOSAL PRICING This proposal form must be used for proposal to be considered. Please print your responses VERY CLEARLY. Make sure your read Section 4.0 Special Terms and Conditions before completing this form. _____ Bidding only pre-binds _____ Bidding only Bilingual / Foreign Language books _____ Bidding only eBooks _____ Bidding only Audio Visual material ITEM DESCRIPTION PERCENTAGE OF DISCOUNT (based on publisher’s suggested list price) A. Hardback bindings 1. Publishers Trade Binding ________________ % 2. Text & Reference ________________ % 3. School & Library Binding ________________ % 4. Publishers Library Binding ________________ % 5. Bilingual / Foreign Language Books ________________ % ________________ % 7. Pre-bound Trade Books ________________ % 8. Pre-bound Paperbacks ________________ % D. eBooks ________________ % E. Other Media (please specify types) ________________ % F. As an alternate, please state a flat discount for all books Supplied regardless of category ________________ % B. Paperback bindings 6. Trade Cover C. Pre-Binds Library/Jobber CSP 151015 Page 11 of 25 Discounts: (Check one) Reflected in online pricing _______ Will be deducted once order is placed _______ If quantity discounts are available, please attach a pricing breakdown. Any discount must remain firm for the entire length of the bid. ITEM IDENTIFICATION COST OF SERVICE PER TITLE G. Processing and Cataloging 9. MARC Records (Per District specs. – See Link below, page 13 of 25) $_______________ 10. Attachment of theft detection targets, when needed $_______________ 11. Complete attached book processing, includes: $_______________ Mylar jacket (for dust cover) taped to book Spine label in place (1” from bottom of book) 2 barcodes Property labels, with school name and address Barcode Labels and labels located on spine must be protected with clear label protectors. Reading Counts Labels $_______________ Full detail as indicated on processing specs. For Complete Cataloging/Processing Profile, See link below (page 13 of 25) 12. Complete unattached processing: For MP3, audiobooks, kits, and DVD’s, includes: 12.1 Spine Label 12.2 Barcodes $_______________ (Standard Pricing) $ _______________ (Custom Cataloging Pricing) 13. Bilingual items that have both a Spanish and English Reading Counts quiz will receive both labels, with Spanish unattached. $_______________ 14. Kapco covers, or similar substitute, for paperback books List brand name: ___________________________ $_______________ 15. Genre processing $ _______________ All processing requirements can be filled. If no, attach pricing for other cataloging and processing options. _____ Yes Signature: ______________________________________________ (Individual authorized to contractually bind the company) Library/Jobber CSP 151015 _____ No Date: __________________ Page 12 of 25 The proposer is asked to send the following for evaluation purposes, along with the completed proposal. 1. Sample MARC Record for formats found in your bid including Fiction, Non-Fiction, Spanish, a DVD and an eBook. 2. Access to Online Ordering System – email Library Services at library@dentonisd.org with login information. Cataloging and Processing Specifications for Vendors Denton ISD Library Services To access information for this section, please click on the following link: http://www.dentonisd.org/cms/lib/TX21000245/Centricity/Domain/76/Vendor%20Profile%20for%20Cataloging.pdf Library/Jobber CSP 151015 Page 13 of 25 SIGNATURE SHEET We, the undersigned, have read and fully understand the specifications and conditions relating to this document. SUBMITTED BY: FIRM: _____________________________________________ (OFFICIAL FIRM NAME) MUST BE SIGNED IN INK TO BE CONSIDERED RESPONSIVE BY: _____________________________________________ (Original Signature) Name: ____________________________________________ (Typed or Printed Name) Title: ____________________________________________ _______________________________ (Typed or Printed Title) (Date) Address: ______________________________________ City/State/Zip: ______________________________________ Phone #: ______________________________________ Fax #: __________________________ Email: ______________________________________ NOTE: Submit copy of Proposer’s Taxpayer Identification #: _____________________________ current W-9 Form I hereby acknowledge receipt of the following addenda (if applicable) which have been issued and incorporated into the RFCSP Document. (Please initial in ink beside each addenda received.) Addendum No. 1 _________ Addendum No. 2 __________ Addendum No. 3 _________ Addendum No. 4 __________ Library/Jobber CSP 151015 Page 14 of 25 DEVIATION/COMPLIANCE SIGNATURE FORM Company Name: Address: City/State/Zip: Phone Number: Fax #: Email: If the undersigned Proposer intends to deviate from the Item(s) Specifications listed in this CSP document, all such deviations must be listed on this page, with complete and detailed conditions and information included or attached. The District will consider any deviations in its CSP award decisions, and the District reserves the right to accept or reject any CSP based upon any deviations indicated below or in any attachments or inclusions. In the absence of any deviation entry on this form, the Proposer assures the District of his/her full compliance with the Terms and Conditions, Item Specifications, and all other information contained in this CSP document. No Deviation Yes Deviations Signature of Proposer Date Signed If yes is checked, please list below. Attach additional sheet(s) if needed. Library/Jobber CSP 151015 Page 15 of 25 THIS COMPLETED FORM MUST BE RETURNED WITH BID PROPOSAL. Model SB 9 Contractor Certification Form Criminal History Record Information Review of Certain Contract Employees Introduction: Texas Education Code Chapter 22 requires service contractors to obtain criminal history record information regarding covered employees and to certify to the District that they have done so. Covered employees with disqualifying convictions are prohibited from serving at a school district. Definitions: Covered employees: Includes all employees of a contractor (to include any subcontractors and/or independent contractors) 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 conviction: One of the following offenses, if at the time of the offense: (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 ______________________________________________ ("Name of Contractor"), I First Name: __________________________ Last Name:_______________________________ Address: _____________________________________ City: __________________State:_____ Zip: _________ Telephone: ______________ Fax: ____________ Email:__________________ Certify that [check one]: [ ] None of Contractor’s employees are covered employees, as defined above. Or [ ] Some or all of the Contractor's employee are covered employees. If this box is selected, I further certify that: Contractor has obtained all required criminal history record information, through the Texas Department of Public Safety, regarding its covered employees. None of the covered employees has a disqualifying conviction. Contractor has taken reasonable steps to ensure that its employees who are not covered employees do not have continuing duties related to the contract services or direct contact with students. If Contractor receives information that a covered employee has a disqualifying conviction, Contractor will immediately remove the covered employee from contract duties and notify the District in writing within three (3) business days. Upon request, Contractor will make available for the District's inspection the criminal history record information of any covered employee. 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. Noncompliance by the Contractor with this certification may be grounds for contract termination. __________________________________________ Signature Library/Jobber ____________________________ Date CSP 151015 Page 16 of 25 NON-COLLUSION STATEMENT The undersigned affirms that he/she is duly authorized to execute this RFCSP, that this company, corporation, firm, partnership or individual has not prepared this RFCSP in collusion with any other Proposer, and that the contents of this RFCSP as to prices, terms or conditions of said RFCSP 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 the RFCSP. Firm Name: _________________________________________________________________ Address: _________________________________________________________________ City/State/Zip: _________________________________________________________________ Phone #: _______________________ Fax #: ______________________ Name of Authorized Official: ____________________________________________________ (Typed or clearly printed) Signature of Authorized Official: ____________________________________________________ Position / Title: ___________________________________ Date Signed: ______________ Firm hereby assigns to purchaser any and all claims for overcharges associated with this RFCSP which arise under the antitrust laws of the United States, 15 USCA Section 1 and which arise under the antitrust laws of the State of Texas, Business and Commerce Code, Section 15.01. Library/Jobber CSP 151015 Page 17 of 25 CRIMINAL BACKGROUND CHECK AND FELONY CONVICTION NOTIFICATION CRIMINAL BACKGROUND CHECK Bidder/Proposer will obtain history record information that relates to an employee, applicant for employment, or agent of the Bidder/Proposer if the employee, applicant, or agent has or will have continuing duties related to the contracted services; and the duties are or will be performed on school property or at another location where students are regularly present. The Bidder/Proposer certifies to the Denton ISD before beginning work and at no less than an annual basis thereafter that criminal history record information has been obtained. Bidder/Proposer shall assume all expenses associated with the background checks, and shall immediately remove any employee or agent who was convicted of a felony, or misdemeanor involving moral turpitude, as defined by Texas law, from Denton ISD’s property or other location where students are regularly present. Denton ISD shall be the final decider of what constitutes a “location where students are regularly present.” Bidder/Proposer’s violation of this section shall constitute a substantial failure. If the Bidder/Proposer is the person or owner or operator of the business entity, that individual may not self-certify regarding the criminal history record information and its review, and must submit original evidence acceptable to the District with this Agreement showing compliance. 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 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. THE FELONY CONVICITON NOTICE IS NOT REQUIRED OF A PUBLICLY-HELD CORPORATION. I, the undersigned agent for the firm named below, certify that the information concerning criminal background check and notification of felony convictions has been reviewed by me, the following information furnished is true to the best of my knowledge, and I acknowledge compliance with this section. Firm Name: __________________________________________________________________________________ Name of Authorized Company Official: ____________________________________________________________ (Typed or clearly printed) My firm is a publicly-held corporation; therefore this reporting requirement is not applicable: Signature of Company Official: _________________________________ Date: ________________ A. My firm is not owned nor operated by anyone who has been convicted of a felony. Signature of Company Official: _________________________________ Date: ________________ B. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony: Name of Felon(s): _______________________________________________________________________ _______________________________________________________________________________________ Details of Conviction(s): __________________________________________________________________ _______________________________________________________________________________________ Signature of Company Official: _________________________________ Date: ________________ NOTE: Name and signature of company official should be the same as on the Non-Collusion Statement Vendor is responsible for the performance of the persons, employees and/or sub-contractors Vendor assigns to provide services for the Denton ISD pursuant to this CSP on any and all Denton ISD campuses or facilities. Vendor will not assign individuals to provide services at a Denton ISD campus or facility who have a history of violent, unacceptable, or grossly negligent behavior or who have a felony conviction, without the prior written consent of the Denton ISD Purchasing Department. Library/Jobber CSP 151015 Page 18 of 25 DEBARMENT OR SUSPENSION CERTIFICATION FORM Non-Federal entities are prohibited from contracting with or making sub-awards under covered transaction to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement of goods or services equal to or in excess of $100,000. Vendors receiving individual awards of $100,000 or more and all sub-recipients must certify that the organizations and its principals are not suspended or debarred. By submitting this offer and signing this certificate, this Proposer: Certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declares ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency. Firm’s Name: ___________________________________________________________________________ Authorized Company Official’s Name: ___________________________________________________ (Typed or printed) Title of Authorized Representative: __________________________________________________ (Typed or printed) Signature of Authorized Company Official: ____________________________________________________ Date Signed: Library/Jobber ____________________________________________________ CSP 151015 Page 19 of 25 NONRESIDENT BIDDER’S CERTIFICATION The 1985 Texas Legislature passed HB 620 relating to bids by nonresident contractors. The pertinent portion of the Act has been extracted and is as follows: Section 1. (a) “Nonresident bidder” means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. “Texas resident bidder” means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state; or employs at least 500 persons in this state. Section 1. (b) The state or a governmental agency of the state may not award a contract for general construction, improvements, services, or public works projects or purchases of supplies, materials, or equipment to a nonresident bidder unless the nonresident’s bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident’s principal place of business is located. I certify that _______________________________________________________________________is a Resident Bidder of Texas as defined in HB 620. Signature: __________________________________________________________________ Printed Name: __________________________________________________________________ ************************************************************************************** I certify that _______________________________________________________________________is a Nonresident Bidder of Texas as defined in HB 620 and our principal place of business is: City and State: __________________________________________________________________ Signature: ____________________________________________________________ Printed Name: ____________________________________________________________ Library/Jobber CSP 151015 Page 20 of 25 Library/Jobber CSP 151015 Page 21 of 25 INTERLOCAL AGREEMENT CLAUSE Several governmental entities around the Denton Independent School District have indicated an interest in being included in this contract. Should these governmental entities decide to participate in this contract, would you (the vendor) agree that all terms, conditions, specifications, and pricing would apply? Yes No If you (the vendor) check yes, the following will apply: Governmental entities utilizing Internal Governmental contracts with the Fort Worth Independent School District will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entity other than Denton Independent School District will be billed directly to that governmental entity and paid by that government entity. Denton Independent School District will not be responsible for another governmental entity’s debts. Each governmental entity will order its’ own material/service as needed. For information regarding the Educational Purchasing Cooperative of North Texas, please visit their website at the following address: http://www.epcnt.com/INDEX.htm Company Name: (Typed or printed) Title of Authorized Representative: (Typed or printed) Signature of Authorized Company Official: Date Signed: Library/Jobber CSP 151015 Page 22 of 25 REFERENCES Please provide three (3) references, preferably from school districts, who have used your services within the last three years. Additional references may be required. DO NOT LIST DENTON ISD EMPLOYEES, FORMER OR CURRENT AS REFERENCES. 1. Company Name: _____________________________________________________________________________ Address: _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ Business Phone: _______________________________ Fax: __________________________________ Contact Person: _______________________________ Email: __________________________________ Description of project or work completed: _________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ 2. Company Name: _____________________________________________________________________________ Address: _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ Business Phone: _______________________________ Fax: __________________________________ Contact Person: _______________________________ Email: __________________________________ Description of project or work completed: _________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ 3. Company Name: ______________________________________________________________________________ Address: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Business Phone: _______________________________ Fax: ___________________________________ Contact Person: _______________________________ Email: ___________________________________ Description of project or work completed: __________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ Library/Jobber CSP 151015 Page 23 of 25 VENDOR DATA FORM 1. For Purchase Orders: ORDERING ADDRESS INFORMATION Company Name: dba Name: Address: Business Phone: Fax: Contact Person: Email: Web address: ______________________________ Indicate how your company would receive Purchase Orders from Denton ISD. By Email: Yes _____ No _____ Email address: ____________________________________ By Fax: Yes _____ No _____ Fax: ____________________________________ By Mail: Yes _____ No _____ Address: ____________________________________ ____________________________________ Representative Name: __________________________ Contact Number: __________________________ Email: _____________________________ Purchasing Cooperatives: _______________________________________________________________ 2. For Payments: REMITTANCE ADDRESS INFORMATION Company Name: Address: Business Phone: Fax: Contact Person: Email: 3. For BID/PROPOSAL Notifications: ADDRESS INFORMATION Company Name: Address: Business Phone: Fax: Contact Person: Email: Library/Jobber CSP 151015 Page 24 of 25 THIS PAGE IS INTENTIONALLY LEFT BLANK Please insert Required Documents listed on page 5 and 6, if applicable, that are not included in this document. W-9, Tax Payer Identification Number & Certification Valid copy(s) of Certificates of Insurance HUB certification documentation Library/Jobber CSP 151015 Page 25 of 25