512/393-6503 201 S. Suttles P.O. Box 1087 San Marcos, Texas 78667-1087 March 28, 2013 To: Waste Management Vendors From: Cindy Casparis, CPPB, Purchasing Manager The San Marcos CISD is interested in Waste Management Services that include recycling and overseeing the Districts overall waste management. RFP-CC1213-04 SMCISD will accept proposals either by mail or hand carried until 2:00 PM April 16, 2013. US Postal Address is: SMCISD Purchasing Department Attn: Cindy Casparis P.O. Box 1087 San Marcos, Tx 78667 Delivery Via Courier: SMCISD Purchasing Department Attn: Cindy Casparis 201 South Suttles San Marcos, Tx 78666 SMCISD appreciates your time preparing a proposal and if you have any questions please feel free to contact me at cindy.casparis@smcisd.net 1 Waste Management Services RFP-CC-1213-04 1. SCOPE 1.1. San Marcos Consolidated Independent School District (SMCISD) Request Proposals for Waste Management Services. 1.2. The purpose of the Waste Management proposal is to obtain expert management services to eliminate, reduce, re-use, recycle and dispose of all wastes generated at District Facilities. The District understands that this program represents a new way of doing business and is prepared to supply an economic incentive for the successful bidder who can best divert materials currently going to landfill. It is intended that the successful bidder will be the driving force behind increased diversion, working in partnership with SMCISD staff, students, teachers and janitorial personnel. 1.3. The successful bidder will manage all waste streams from the District Facilities. The following hierarchy should be followed in the management of all operations: 1.3.1. Reduce/eliminate 1.3.2. Reuse (return) 1.3.3. Recycle/compost 1.3.4. Dispose 1.4. SMCISD will accept RFP’s either by mail or hand carried until 2:00 p.m., April 16, 2013 RFPs received after the opening date and time will not be accepted and will be returned unopened to vendor. One (1) original copy of the response are required for evaluation purposes. Offers may be hand carried or mailed in a sealed envelope/package clearly marked with the offering company's name, return address, the RFP number and opening date and time, and addressed to: San Marcos Consolidated Independent School District, PURCHASING DEPARTMENT, Cindy Casparis, 201 South Suttles, San Marcos, Tx 78666 Regular mail: P.O. Box 1087, San Marcos Texas 78667 2. CONTRACT PERIOD 2.1. Initial contract period shall be for one year from the date of award. 3. OPTION TO RENEW 3.1. SMCISD may, at its option and with the approval of the contractor, extend the period of this agreement up to five (5) additional one-year periods. This extension would contain all terms and conditions and rates of the original contract, contingent upon availability of funds. The Contractor shall be notified 2 in writing by the Buyer of SMCISD’s intention to extend the contract period at least thirty (30) days prior to expiration of the original contract period. 4. PRICE ADJUSTMENTS IN RENEWAL PERIODS 4.1. Consumer Price Index: Price adjustments may be authorized after 24 months upon the latest version of the Consumer Price Index (CPI) as published by the U.S. Department of Labor, Bureau of Labor Statistics. 4.2. Price Increases: Vendor may request a price increase in accordance with the Consumer Price Index after twentyfour (24) months from the date of award. Subsequent increases may be requested twelve (12) months from the date of the previously approved price increases. 5. INDEMNIFICATION: The contractor shall save and keep harmless and indemnify SMCISD against any and all liability, claims and costs of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any property occurring in connection with or in any incident to or arising out of occupancy, use, service, operations or performance of work in connection with this contract, resulting in whole or in part from the negligent acts or omissions of the Vendor. 6. INSURANCE: 6.1. General public liability insurance covering all duties, services, or work to be performed under the contract; for contracts up to $500,000, insurance shall provide limits of $500,000 each occurrence, $500,000 products/completed operations aggregate, $500,000 personal injury liability, $50,000 property damage liability, $5,000 medical payments coverage, $1,000,000 policy aggregate. Required automobile liability insurance $250,000 per person, $500,000 per accident for bodily injury, and $100,000 per accident for property damage. The contractor must also maintain Worker's Compensation insurance providing the statutory benefits for the State of Texas and employer's liability in the amount of $500,000 for each person, $500,000 in the aggregate and $500,000 for each person for occupational disease. San Marcos Consolidated Independent School District shall have no responsibility of liability for such insurance coverage. Vendors must provide proof of insurability with the response. Acceptable proof of insurability will be a certificate of insurance or a letter from the insurance carrier (not the insurance agent). The awarded vendor must provide a certificate of insurance compliance within 15 calendar days after notification of the award. 3 Each policy of required insurance shall provide for 30 days notice of cancellation to San Marcos Consolidated Independent School District and shall name the SMCISD as additional insured and include the following provision: "It is a condition of this policy that the insurance carrier shall furnish written notice to the SMCISD Purchasing Department Office, P.O. Box 1087 San Marcos, TX 78667, 30 days in advance of the effective date of any reduction in, or cancellation of, this policy." 7. TERMINATION 7.1. FOR DEFAULT: The performance of work under the contract may be terminated by SMCISD in accordance with this clause, in whole or in part, in writing, whenever SMCISD shall have determined that the Vendor has failed to meet the performance requirements of the contract. SMCISD has the right to terminate for default if the Vendor fails to make delivery of the goods or perform the work, or if the Vendor fails to perform the work within the time specified in the contract, or if the Vendor fails to perform any other provisions of the contract. 7.2. FOR CONVENIENCE: SMCISD may terminate the contract at its convenience with thirty (30) day advance written notice to the Vendor. In the event of such a termination by SMCISD, SMCISD shall be liable for the payment of all approved work performed prior to the termination. 7.3. In the event of termination, SMCISD reserves the right to re-award this contract to the next low responsive bidder. 8. GENERAL TERMS AND CONDITIONS 8.1. Inquiries and requests for information affecting the RFP must be in writing and shall be directed to Cindy Casparis, Purchasing Manager, via email (cindy.casparis@smcisd.net), US Postal mail (P.O.Box 1087, San Marcos, TX 78667), or fax (512-393-6507). To provide SMCISD sufficient time to adequately prepare responses to vendor inquiries, all questions must be submitted at least five (5) working days prior to the RFP opening date. Contact with SMCISD personnel other than Cindy Casparis regarding this solicitation may be reason for elimination from the selection process. Any prospective respondent detecting a conflict or ambiguity in the RFP should notify the Purchasing Manager, in writing, setting forth the grounds of the alleged conflict or ambiguity and requesting the issuance of a clarifying addendum. If SMCISD believes that clarification is necessary or proper, a clarifying addendum will be distributed to all prospective vendors. SMCISD will not be bound by any oral or other informal explanation of the requirements of the RFP documents. 8.2. Provide detailed explanations of any variances or exceptions the respondent has with any requirement or term specified in this RFP and thoroughly explain any alternate service offered. 4 8.3. Delivery dates – Bidders must specify the projected delivery date as part of the RFP response. Delivery of supplies must be in compliance with the RFP specifications. 8.4. SMCISD is not responsible for any costs incurred by the Vendor for the preparation or distribution of the RFP. 8.5. Respondents or other authorized representatives are expected to fully inform themselves as to all conditions, requirements, and specifications before submitting offers. Failure to do so will be at the respondent's own risk. 8.6. PROPRIETARY INFORMATION: Proprietary information if any submitted to SMCISD in response to this RFPs should be identified as such. Any information identified as proprietary will be handled in accordance with the provisions of the Texas Open Records Public Information Act as it applies to such information. 8.7. SMCISD reserves the right to negotiate all elements, which comprise the Respondent's offer to ensure the best possible consideration, be afforded to all concerned and to reject any and all offers and to re-solicit for offers in such an event. 8.8. Assignment: Contractor shall not assign or sub-contract this agreement, its obligations or rights hereunder to any party, company, partnership, incorporation or person without the prior written specific consent of SMCISD. 8.9 Criminal Background Checks: The Contractor acknowledges and agrees that the SMCISD reserves the right to subject all persons entering District premises to background screening checks prior to granting access to areas frequented by students. Background checks may require surrendering a driver’s license or submitting fingerprints for inspection. If any of the Contractor's employees, representatives or subcontractors refuse to submit to a background check, or if a background check reveals a criminal history, such persons may be refused access to District premises; however such refusal shall not relieve the Contractor of its obligations as specified in this Contract. 8.10 Requirements of Texas Senate Bill 9: Any company that contracts with school districts or charters may be subject to the requirements of Senate Bill 9 as codified in Texas Education Code §22.0834, a copy of which is included as Attachment A of this solicitation. 8.11 Subcontract Agreements: If subcontractors are utilized by the Contractor, each subcontract agreement must preserve and protect the rights of SMCISD with respect to the terms and conditions of this Contract. 8.12 Invoices: In order to receive payment for goods or services furnished to SMCISD, invoices for each purchase order must be submitted to the SMCISD Business Office, Attn: Accounts Payable, P.O. Box 1087, San Marcos, TX 78667. 5 8.12.1 All invoices must clearly indicate the following information: originating purchase order number complete description of goods or services furnished, including unit prices, extended prices and quantities delivered project name date of issuance delivery destination all applicable prompt payment discount terms 8.12.2 SMCISD may require individual invoices per campus to facilitate ease in the payment process. 8.13 The Contractor shall not bill more than one purchase order on a single invoice. The purpose of this requirement is to reduce the administrative burden associated with verifying charges and remitting invoices. Failure to comply with these requirements may result in delayed payments. 8.14 Payment terms: SMCISD will make payment on a Net 30-day basis. The payment term shall begin on the date the deliverables are inspected, delivered and accepted by SMCISD, or on the date a correct invoice is received by SMCISD, whichever is later. Bidders are welcome to quote a discount for early payment; however, prompt payment discounts will not be considered as an evaluation criterion. Prompt payment discounts shall be considered earned if payment is postmarked or personally delivered within the prescribed term. 8.15 SMCISD is not liable for orders accepted without a purchase order. 9. WASTE MANAGEMENT OBJECTIVES The Waste Management Contract must meet the following objectives: 9.1. Seek continual improvement in District resource use and assist the District in implementing resource efficiency innovations; 9.2. Optimize current garbage hauling and disposal service; 9.3. Develop a detailed tracking, reporting and invoicing system. 10. SPECIFICATIONS & PERFORMANCE REQUIREMENTS 10.1. Management and Business Systems Provide a brief description of your overall management and business systems as they pertain to the following: 10.1.1. Describe your vision of Waste Management for the District. 6 10.1.2. Identify your specific project personnel or teams that will be devoted to District WASTE MANAGEMENT services. Include how staff devoted to WASTE MANAGEMENT services will interact or utilize overall company resources/expertise (include training they may receive or corporate resources on networks that will benefit the District) 10.1.3. Employee stability is essential to the program’s success. What does your company do to maintain a stable workforce? 10.1.4. Discuss the relationships that you plan to establish with each school District Facility. Include in your discussion, where applicable, the relationships you propose to establish with students, staff and janitorial personnel. 11. ENVIRONMENTAL AND SAFETY ISSUES 11.1. 11.2. The WASTE MANAGEMENT Contraactor must comply with all applicable regulations and District policies governing the recycling, storage, transportation and disposal of waste streams. Lack of knowledge of the bidder shall in no way be cause for relief from responsibility or constitute a cognizable defense against the legal effects thereof. Describe your environmental and safety programs that apply to managing risks associated with the primary supplier function. Discuss the regulatory expertise of the staff you propose for your resource management program. 12. OPERATIONS PLAN The vendor shall provide a preliminary three-year-plan that outlines the approach and methods for achieving the objectives in Section 9 and the management of wastes per the waste hierarchy in Section 1. The District understands that data in the RFP is limited and that the successful bidder will refine their plan as they become more familiar with individual facilities. The operations plan in the proposal should provide a methodology, labor, equipment, and concrete opportunities for improvement in managing District waste streams. The proposal should also include an approach for program transition and a tentative schedule for implementing ideas to meet the vendor’s program goals. Section 13 contains existing levels of refuse collection for each District Facility. Bidders can base their operations plan on existing levels of service. The operations plan should specifically address the management of wastes in the following areas: 12.1. Waste Reduction 12.1.1. Identify opportunities at the sites to reduce the volume of waste generated (e.g. disposable food containers used in school cafeterias) 12.1.2. Explain how you propose to implement and monitor waste reductions 7 12.1.3. Ability of owner to curtail pick up frequencies without commensurate fee adjustment. 12.2. Composting 12.2.1. Identify opportunities to eliminate waste being disposed of or landfilled by utilizing composting of waste foodstuffs. Composting shall be implemented at approximately six (6) Elementary schools and two (2) Middle schools with the opportunity to add additional Elementary and Middle schools in the future and to expand this service to the high schools (with commensurate price adjustment) providing that the schools can ensure a clean, usable waste stream. 12.2.2. Explain how you propose to implement and monitor WASTE MANAGEMENT services. 12.3. Recycling Programs 12.3.1. The waste manager will be responsible for plans to source separate, collect, process, segregate, store and weigh and keep records for all recyclable materials in District waste streams. The waste resource manager is also responsible for arranging collection, processing and transportation for recycled material and identifying the best markets for these resources. 12.3.2. Identify opportunities to reduce waste quantities disposed through recycling programs. 12.3.3. Recycling includes but is not limited to paper, cardboard, beverage containers, plastics and organic cafeteria waste, steel and aluminum cans. 12.3.4. Explain how you will design and implement source separation and recycling programs while not increasing overall operational costs. 12.3.5. Explain how recycled material will be collected, transported, processed (if necessary) and reach secondary markets. 12.3.6. The revenue from recycled material must be reported to the District on a monthly basis. Propose how this revenue could be shared in your response to this Request for proposal. 12.4. Waste Disposal 12.4.1. The WASTE MANAGEMENT Contractor shall arrange transportation, scheduling, and disposal of all recyclables at District Facilities. 12.4.2. Include in your proposal how existing disposal service levels might change as recycling increases (from operational and financial standpoint). 12.4.3. Identify disposal site(s) you propose to use for District waste. 12.4.4. The WASTE MANAGEMENT Contractor must keep detailed records for each load destined for a landfill and separate out transport fees from disposal fees. Describe how you will measure and estimate District waste that is ultimately land-filled. 12.5. Process for Continuous Improvement 12.5.1. Explain your process to provide continuous improvement over the term of the contract (audits, outreach and communications, etc.) 8 12.6. Data Information Systems and Performance Targets 12.6.1. Waste Composition 12.6.1.1. Describe the approach you will use to measure or estimate the composition of District waste streams. 12.6.1.2. Identify your data information management tools that will be used to track District waste streams 12.6.2. Billing 12.6.2.1. The contractor shall provide monthly billing statements to the district with all hauling costs separate from secondary material processing, recycling revenues/fees, or waste disposal tip fees. 12.6.2.2. Any extra costs for add-on services must be itemized by material and labor. 12.6.2.3. Present your procedures for billing and allocations of costs. 12.6.3. Reporting 12.6.3.1. Discuss what will be included in quarterly progress reports to the District. 12.7. PRICING Prepare your Proposal for the requested services over a 5 year contract. It is the goal of this WASTE MANAGEMENT Contract to have quantities of waste currently disposed decrease in each year of the contract. 12.7.1. Base Proposal The District recognizes that any supplier will provide on-site services for whatever level of services the buyer chooses to purchase. The District also recognizes that the typical approach in the marketplace to providing these services is to charge a management fee in addition to the cost of hauling and disposal. This is not the type of approach the District desires. Rather, the District is prepared to make an extraordinary commitment to the right partner and develop a compensation base that is tied directly to contractor performance allowing successful partner to share in the savings achieved under this program. This rewards a successful partner for bringing technical expertise, process discipline, best industry practices, new technologies, metrics and industry talent to implement a successful program. The District is seeking a supplier that can achieve competitive pricing on waste and resource management services to all of its facilities. In consideration of the scope and the District’s commitment to this program, the successful WASTE MANAGEMENT supplier should be prepared to provide the management services as a value added service at no additional 9 charge to the District. The successful bidder is expected to cover any additional expenses from overall WASTE MANAGEMENT savings. 12.7.2. Disposal 12.7.2.1. There are to be no volume guarantees on behalf of the District. The objective of the program is to decrease the amount of waste sent to the landfill. 12.7.2.2. It is presumed that the WASTE MANAGEMENT Contract will start the program by providing the District with existing levels of service. 12.7.3. Gainsharing Incentives 12.7.3.1. Resource efficiency improvements will yield savings from areas including, but not limited to: avoided hauling costs, avoided disposal costs, commodity revenue, or other District cost savings the successful bidder can document. 12.7.3.2. Propose a gain sharing split between the bidder and the District 12.7.3.3. Propose how you will establish a baseline against which cost savings can be measured and a process for validating cost savings and increased diversion. 12.7.3.4 Contractor shall supply approximately 800 recycle bins to be placed inside all campuses. 13. COMPETITIVE SELECTION This is a NEGOTIATED procurement and as such, award will not necessarily be made to the firm(s) submitting the lowest priced proposal. Award will be made to the firm(s) submitting the best responsive proposal satisfying SMCISD’s requirements, price, and other factors considered. SMCISD will evaluate each firm’s proposal in the areas of experience, financial stability, cost and service capabilities, based on the following predetermined criteria to obtain the best value to the District: 10 35 Points Financial Proposal: Management. Fees for providing Waste 30 Points Program Plan: The adequacy and completeness of the plan offered addressing the Scope of services and Performance Requirements. Plan shall include quality control, collection logistics, secondary markets, plan for diversion of materials, safety & liability. 25 Points Contractor’s Capabilities: The demonstrated ability of the Contractor to provide services 10 Points Contractor’s References and District’s past experience with the contractor. Total Possible Points: 100 The District may request additional information by suppliers to clarify elements of their proposals. The District will notify companies after all proposals are received on whether a presentation is required. The District reserves the right to make independent investigations as to the qualification of the Bidder. Such investigation may include contacting existing customers or site visits to existing operations. The District operates the following locations that require disposal and/or recycling services (the quantities and sizes noted are preliminary and may be subject to change) 11 Name Central Ofc/Bonham Lamar School Travis Elementary DeZavala Elementary Maria Hernandez Elementary Miller Middle School Teaching & Learning Bowie Elementary San Marcos High School Goodnight Middle School Irene Mendez Elementary ACC Center Career & Education Bldg. Maintenance/Transportation Crockett Elementary RECYCLING BINS AT CAMPUSES Travis Elementary DeZavala Elementary Crockett Elementary Maria Hernandez Elementary Miller Middle School Lamar School Bowie Elementary San Marcos High School Goodnight Middle School Irene Mendez Elementary 12 Qty Size Street City Zip 1 1 1 1 2 2 1 1 2 1 1 1 1 1 1 6 8 8 8 8 8 8 8 8 8 8 6 8 8 8 M-F M-F M-F M-F M-F M-F M-F M-F M-F M-F M-F M-F M-F M-F M-F 211 500 1437 621 333 301 540 4020 2601 1301 1805 1301 2601 201 1300 Lee St. W. Hutchinson Post Rd. S. DeZavala Dr. Stagecoach Trl Foxtail Run Staples Rd. Monterrey Oaks Rattler Rd. State Hwy. 123 Peter Garza Dr. State Hwy. 123 Rattler Rd. S. Suttles Ave. Girard San Marcos San Marcos San Marcos San Marcos San Marcos San Marcos San Marcos San Marcos San Marcos San Marcos San Marcos San Marcos San Marcos San Marcos San Marcos 78666 78666 78666 78666 78666 78666 78666 78666 78666 78666 78666 78666 78666 78666 78666 8 8 8 8 8 8 8 8 8 8 Weekly 1 1 1 1 1 1 1 1 1 1 1437 621 1300 333 301 500 4020 2601 1301 1805 Post Rd. S. DeZavala Dr. Girard Stagecoach Trl Foxtail Run W. Hutchinson Monterrey Oaks Rattler Rd. State Hwy. 123 Peter Garza Dr. San Marcos San Marcos San Marcos San Marcos San Marcos San Marcos San Marcos San Marcos San Marcos San Marcos 78666 78666 78666 78666 78666 78666 78666 78666 78666 78666 1 1 1 1 1 1 1 1 1 1 Fq St # 13.1. The location of the containers should be consistent with their present location. 13.2. Trash pickup frequencies and charges may be adjusted (lowered) during the following weeks of each contract year depending on the District’s needs: Approximately December 21 through January 2 (Winter Break) and approximately March 14 through March 18 (Spring Break) and June through August (Summer Months). 13.3. SMCISD reserves the right to increase or decrease the container size, frequency of pickups, and or number of containers on any facility and to add or delete facilities. The cost of additional containers or different sizes will remain consistent with the unit costs in your response. It is anticipated that new campuses may be added during the life of the contract. 13.4. Additional pick-ups in excess of the normal schedule shall be at the request of and verified by the Director of Cusodial, Robert Gutierrez or his designee. Additional pick up charges will be according to the unit cost per pick up basis listed on the bid form and included with the monthly billing. 13.5. Scheduled pickups not performed will be deducted from the monthly billing. Any discrepancies will be settled through the Custodial Director or his designee (telephone 512-393-6500, fax 512-393-6507). 13.6. DAMAGES – For the purpose of computing damages under the provisions of this agreement it is agreed that SMCISD may deduct from payments due or to become due to the contractor the following amounts as liquidated damages: 13.6.1. Failure or neglect to correct chronic problems in any category: $25 per instance for the third or more similar incident at the same campus. 13.6.2. Failure or neglect to collect refuse from any campus within 24 hours from the scheduled date: $25 per instance at the first or more similar incident at the same campus. 13.6.3. Failure to clean up spilled refuse: $10 per instance at first or more similar incident at the same campus. 13.7. Under no circumstances will waste be allowed to accumulate on the ground adjacent to containers. Regardless of cause, in the event of excess waste the contractor, as normal routine procedures, will be detained while SMCISD custodians place the excess waste in the containers so that an additional lift may be made, if required. 13.7.1. It is the joint responsibility of the contractor and the District to ensure that accumulations of waste are removed by repeated dumping, at least to the extent agreed to in the contract. 13 13.8. Scheduled pick-ups at all SMCISD facilities shall be accomplished before 7:00 am or after 9:00 a.m. and prior to 6:00 p.m. of the actual pick up day. The Contractor shall change times of scheduled pickups as requested. 13.8.1. The Director of Custodial Services, Robert Gutierrez, or his designee shall be provided an anticipated pick up time for all facilities prior to the beginning of the contract. 13.9. The operator of the waste disposal vehicle MUST pick up trash escaping from the container during pick-up vehicle operation. 13.10. All containers and bins must have overhead access to load trash and recycling materials. 13.11. The Contractor MUST ensure that the trash containers and bins are kept free from odor. Trash containers MUST be thoroughly cleaned at a minimum of every 6 months, and deodorized periodically at a minimum of every 3 months. The containers shall be replaced as needed or as required by the District. 13.12. Containers shall be treated by the Contractor as necessary to aid in the control of insects or other pests. All treatments shall be in compliance with the Texas Structural Pest Control Act and be coordinated with the SMCISD Integrated Pest Control Manager, Robert Gutierrez. 13.13. Containers shall be kept in good operating condition. All doors, lids or other moving parts shall be maintained in operating condition. Doors and lids shall be capable of being locked, if necessary. Drain plugs shall be maintained and replaced as often as needed. Damaged containers shall be changed out within seven (7) days of verbal notification by SMCISD. 13.14. The contractor shall be held responsible for all damage caused by their driver or vehicles, including vehicle weight while on any District property. 13.15. A fully staffed office shall be maintained with a communication system in all vehicles to assure prompt service in the event of an emergency. 13.16. Define the procedures your company shall use to continually monitor the quality of waste management services. This would include an inspection system covering equipment and services to be performed and shall include a method for identifying and correcting deficiencies. 13.17. List any additional special services that would be furnished by your firm to the District. Include any unique business features, discounts or rebates your firm offers that you feel are unique and not common to your competition. List a description of the types of services that your firm proposes to provide and the approach you will take to implement the system and ensure efficient operation and cost. 14 13.18. Indicate in your response any costs related to the recycling program. This is to include providing and emptying dumpsters, providing recycling bins to place inside schools, etc. 14. CERTIFICATION By my signature below, I certify that this offer meets or exceeds the specifications of this RFP. 15 AUTHORIZED SIGNATURE DATE PRINTED NAME TITLE _ VENDOR INFORMATION Vendor Identification and Contact Information (Attach additional information as needed) Company Name: Address: Phone: Fax: Contact Person: Title: Email: Company Profile: 16 ______ Year Incorporated/Organized/Started ______ Corporation ______ Partnership ______ Sole Proprietorship ______ Other: _________________________________ ______ HUB/MBE/WBE (#_______________________) ______ Total Number of Employees REFERENCES List references (minimum of three) where you have similar contracts in place. Special attention should be given to references from similar institutions as SMCISD. List company name, contact person, address, phone number, fax number, email address, and completion date for each reference. Company: Contact: Address: Phone: Fax: Email: Dates of Contract: Company: Contact: Address: Phone: Fax: Email: Dates of Contract: Company: Contact: Address: Phone: Fax: Email: Dates of Contract: 17 SUSPENSION AND DEBARMENT CERTIFICATION Federal Law (A-102 Common Rule and OMB Circular A-110) prohibits non-federal entities from contracting with or making sub awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $100,000 and all non-procurement transactions (e.g., sub awards to sub recipients). Contractors receiving individual awards of $100,000 or more and all sub recipients must certify that their organization and its principals are not suspended or debarred by a federal agency. I, the undersigned agent for the firm named below, certify that neither this firm nor its principals are suspended or debarred by a federal agency. VENDOR’S NAME: Signature of Company Official: Date Signed: 18 Central Texas Purchasing Alliance Adoption Clause USE OF CONTRACT(S) BY MEMBERS COMPRISING THE CENTRAL TEXAS PURCHASING ALLIANCE (CTPA). A. If authorized by the Vendor(s), resultant contract(s) may be adopted by the member districts of the CTPA as indicated below. Authorized members may purchase goods and/or services in accordance with contract pricing and purchasing terms established by the Contract Lead District. A list of members that may utilize the Vendor’s contract is listed on the CTPA website, http://209.184.141.5/ctpa/members.htm. Any district member wishing to utilize such contract(s), will contact the Vendor to verify that the contract is available to them and will place its own order(s) directly with the successful Vendor. The Successful Vendor may contact the member districts to inform them about the contract award. There shall be no obligation on the part of any participating district to utilize the contract(s). A negative reply by the Vendor will not adversely affect consideration of the Vendor’s Solicitation response. Each participating district has the option of executing a separate contract with the successful Vendor, which may contain general terms and conditions unique to that contracting district. If, when preparing such contract, the general terms and conditions of a district are unacceptable to the successful Vendor, the successful Vendor may withdraw its extension of their offer to that district. The Contract Lead District shall not be held liable for any costs or damages incurred by another district as a result of any award extended to that district by the Successful Vendor. B. C. D. E. F. BY SIGNATURE BELOW, THE VENDOR HEREBY AUTHORIZES THE MEMBER DISTRICTS AS INDICATED BELOW TO ADOPT ANY CONTRACT RESULTING FROM THE VENDOR’S RESPONSE TO THIS SOLICITATION: YES NO YES, with the exception of the following districts: Vendor Name: Printed Name of Authorized Company Official: Signature of Company Official: Date: 19 The forms at the following link (http://www.ethics.state.tx.us/whatsnew/conflict_forms.htm) must be completed annually and returned with you’re proposal. For purposes of the forms, the officers are listed below. Mark Eads Superintendent of Schools Board of Trustees Kathy Hansen John Crowley Lupe Costilla David Castillo Margie Villalpando Judy Allen Paul Mayhew 20 ATTACHMENT A Texas Education Code §22.0834. Criminal History Record Information Review of Certain Contract Employees. (a) This subsection applies to a person who is not an applicant for or holder of a certificate under Subchapter B, Chapter 21, and who on or after January 1, 2008, is offered employment by an entity that contracts with a school district, open-enrollment charter school, or shared services arrangement to provide services, if: (1) the employee or applicant has or will have continuing duties related to the contracted services; and (2) the employee or applicant has or will have direct contact with students. (b) A person to whom Subsection (a) applies must submit to a national criminal history record information review under this section before being employed or serving in a capacity described by that subsection. (c) Before or immediately after employing or securing the services of a person to whom Subsection (a) applies, the entity contracting with a school district, open-enrollment charter school, or shared services arrangement shall send or ensure that the person sends to the department information that is required by the department for obtaining national criminal history record information, which may include fingerprints and photographs. The department shall obtain the person's national criminal history record information and report the results through the criminal history clearinghouse as provided by Section 411.0845, Government Code. 21 22 23