REQUEST FOR PROPOSALS FOR ISP SERVICES CONEJO VALLEY … · 2019-12-14 · CONEJO VALLEY UNIFIED...

REQUEST FOR PROPOSALS FOR

ISP SERVICES CONEJO VALLEY UNIFIED SCHOOL DISTRICT

RFP NO.: 0455-19A.5b DUE DATE: January 15, 2020 BY TIME: 1:00 p.m. PT In conformity with the FCC Schools and Library Division (SLD) Universal Service Fund (a.k.a. E-Rate funding) application process, Conejo Valley Unified School District is seeking responses from qualified providers of ISP Services. Any and all updated project information, forms, including addenda, will be distributed through the project website, located at www.infinitycomm.com/projects & https://portal.usac.org/suite/. All of these documents shall be made part of and material to the contract for services.

http://www.infinitycomm.com/projects

https://portal.usac.org/suite/

CONEJO VALLEY UNIFIED SCHOOL DISTRICT – RFP. NO. . 0455-19A.5B – ISP SERVICES PAGE i

TABLE OF CONTENTS

I – Notice Inviting Proposals ........................................................................................ 1 II – Instructions .............................................................................................................. 2

1 Review of Entire RFP ................................................................................................ 2 2 Use of District Forms Mandatory ............................................................................... 2 3 Signatures ................................................................................................................. 2 4 Answer All Questions ................................................................................................ 2 5 Interlineations; Erasures ........................................................................................... 2 6 Attachments .............................................................................................................. 3 7 Precontractual Expenses ......................................................................................... 3 8 No Joint Ventures..................................................................................................... 3 9 Proposal Package Requirements ............................................................................. 3 10 Submittal of Proposal ............................................................................................. 4 11 Proposal Deadline .................................................................................................. 5 12 No Reliance on Prior Submittals ............................................................................ 5 13 Modifying or Superseding a Proposal .................................................................... 5 14 Withdrawing a Proposal ......................................................................................... 6 15 Respondent’s Exceptions to RFP........................................................................... 6 16 Rejection of Non-Responsive Proposals ................................................................ 6 17 Evaluation Criteria .................................................................................................. 6 18 Contract Award ...................................................................................................... 7 19 Notice of Intent to Award ........................................................................................ 7 20 Protests .................................................................................................................. 7 21 Final Contract Award .............................................................................................. 9 22 Addenda ................................................................................................................. 9 23 Ongoing Duty to Provide Accurate, Complete Information ..................................... 9 24 District’s Further Investigation and/or Request for Further Information ................ 10 25 Public Records ..................................................................................................... 10 26 Public Agency Requirements ............................................................................... 10 27 No Improper Influence of VCOE Board or Staff, or References ........................... 11 28 Reservation of Rights ........................................................................................... 11 29 No Guarantee ...................................................................................................... 11 30 Questions, Clarifications, Corrections .................................................................. 11

III – Special Conditions ............................................................................................... 12

A Scope of Work ....................................................................................................... 12 B Pricing Specifications ............................................................................................. 12 1 Internet Access ................................................................................................. 12 2 Internet Connection ........................................................................................... 12 C Additional Services ................................................................................................ 13 D E-Rate Requirements ............................................................................................ 13 1 In General ......................................................................................................... 13 2 Contingencies ................................................................................................... 13

CONEJO VALLEY UNIFIED SCHOOL DISTRICT – RFP. NO. . 0455-19A.5B – ISP SERVICES PAGE ii

3 Billing Term ....................................................................................................... 14 4 Contract Term ................................................................................................... 14 5 Percentage Rates; Invoicing ............................................................................. 14 6 Service “Growth Clause” ................................................................................... 14 7 Service Timeline; Liquidated Damages ............................................................. 15 8 Termination Prior to Commencement of Work .................................................. 15

IV – General Conditions .............................................................................................. 16

1 General Conditions as Part of Contract .................................................................. 16 2 Execution of Final Contract .................................................................................... 16 3 Post-Award Conference ......................................................................................... 16 4 Permits, Licenses and Other Authorizations .......................................................... 16 5 Materials, Labor ..................................................................................................... 17 6 Standard of Care; Work Performance .................................................................... 17 7 Access to District Sites ........................................................................................... 17 8 Protection of District Students ................................................................................ 17 9 Construction Requirements .................................................................................... 17 10 Contractor’s Insurance ......................................................................................... 18 11 Indemnification ..................................................................................................... 20 12 Limitation of Liability ............................................................................................. 20 13 Notices ................................................................................................................. 20 14 Termination of Contract ........................................................................................ 21 15 Dispute Resolution ............................................................................................... 22 16 Independent Contractor ....................................................................................... 22 17 Appropriation Clause ............................................................................................ 23 18 Force Majeure ...................................................................................................... 23 19 No Assignment; Successors and Assigns ............................................................ 23 20 Non-Discrimination ............................................................................................... 24 21 Undocumented Workers ...................................................................................... 24 22 State Review and Audit of Records ...................................................................... 24 23 Student Data and Privacy Laws ........................................................................... 25 24 Compliance with Laws ......................................................................................... 25 25 Provisions Required by Law Deemed Inserted .................................................... 25

Exhibits ....................................................................................................................... 26

A Qualification Form.................................................................................................. 27 B Project List ............................................................................................................ 32 C Certification Regarding Iran Contracting Act ......................................................... 34 D Certification Regarding Debarment ....................................................................... 35 E Non-Collusion Declaration ..................................................................................... 36 F General Acknowledgement Form .......................................................................... 37 I Form of Final Contract ............................................................................................ 38

CONEJO VALLEY UNIFIED SCHOOL DISTRICT – RFP. NO. . 0455-19A.5B – ISP SERVICES PAGE 1 OF 40

PART I – NOTICE INVITING PROPOSALS

CONEJO VALLEY UNIFIED SCHOOL DISTRICT

RFP No. 0455-19A.5b – ISP SERVICES

NOTICE IS HEREBY GIVEN that the Conejo Valley Unified School District (“District”), located in the County of Ventura, State of California, will receive sealed proposals for the provision of wide area network services until 1:00 p.m. PT on January 15, 2020 (the “Proposal Deadline”).

1. Overview. In conformity with the FCC Schools and Library Division

Universal Service Fund (i.e., E-rate) application process, District is seeking proposals from qualified providers of ISP services at its City Center. District intends to enter into a three (3)-year contract commencing on July 1, 2020 and ending on June 30, 2023, with possible renewal to June 30, 2025.

2. Delivery of Proposals. All proposals shall be submitted in accordance with

RFP No. 0455-19A.5b. Respondents must submit their proposals no later than the Proposal Deadline. Proposals shall be delivered by (a) hand or mail to Infinity Communications, 4909 Calloway Drive, Suite 102, Bakersfield, CA 93312; (b) email to [email protected]; or (c) fax at 661-716-1841. All responses shall be sent Attention: Carla Manzo. Late proposals will be rejected.

3. Further Information. Any and all updated project information, forms, including addenda, will be distributed through the project website, located at www.infinitycomm.com/projects and https://portal.usac.org/suite/. All of these documents shall be made part of and material to the contract for services. All inquiries regarding the RFP shall be directed to Carla Manzo at [email protected]. The deadline for all questions regarding this RFP is January 1, 2020 at 3:00 p.m. PT.

4. Review of Proposals. District expressly reserves the right to select the

proposal in the best interest of District, in accordance with applicable law. Proposals shall not be withdrawn for a period of ninety (90) calendar days after the bid opening. District reserves the right to accept or reject any or all bids, or any parts thereof, and to waive any informalities or irregularities in any bid and/or the bidding process.




PART II: INSTRUCTIONS

These RFP Instructions (these “Instructions”) have been prepared on behalf of District. Capitalized terms used but not defined herein shall have the meanings attributed to such terms in other parts of this RFP.

1. Review of Entire RFP. Respondents shall carefully review every part of this RFP. It is the responsibility of the respondent to become informed of all conditions under which work is to be done before submitting proposals. No additional costs will be incurred by District or considerations given to any claims by the respondent based on a lack of knowledge of existing conditions. The failure of a respondent to understand the conditions in and under which the services contemplated hereunder are to be performed, or to examine and understand any part of this RFP, shall not relieve the respondent from any obligations under this RFP. If a respondent is in doubt as to the true meaning of any part of this RFP, or finds any conflict, omission or other discrepancy in any part of this RFP, the respondent must submit to District a written request for an interpretation, clarification or correction of this RFP, all in accordance with the procedures set forth in paragraph 30 (entitled “Questions”). The submission of a proposal shall be deemed and construed as a representation and warranty by respondent that the respondent understands and agrees to comply with this RFP.

2. Use of District Forms Mandatory. To assure uniformity in this RFP,

respondents must use the forms included in this RFP. Respondents shall not copy and paste, modify or alter the forms in any manner whatsoever. For example, respondents shall not copy and paste the forms included in this RFP into a Word document, complete the Word document, and then submit the Word document to District. District reserves the right to reject any proposal that contains copied, modified or alternate proposal forms. If the forms included in this RFP request additional information from the respondent, the respondent may submit such additional information on the respondent’s own forms.

3. Signatures. All required forms must be signed and dated by a person duly authorized to contractually bind the respondent in connection with the procurement and services contemplated by this RFP. Unsigned proposals may be considered non-responsive, resulting in possible rejection of the proposal.

4. Answer All Questions. Respondents shall completely, accurately and legibly answer all questions in the Qualifications Form and other forms provided by District. Do not leave any questions blank. If the item is not applicable, insert “n/a.” All answers must be typewritten or neatly printed in black or blue ink.

5. Interlineations; Erasures. A proposal may contain an erasure,

interlineation, or other correction only if the correction is made to the information entered by the respondent (not to any preprinted text in the Qualifications Form or other forms provided by District), does not result in any inconsistency or ambiguity, and is authenticated by affixing, in the margin immediately adjacent to the correction, the initials of the person or persons signing the proposal.


6. Attachments. Respondents shall clearly label all supporting documentation as specified in the Respondent Questionnaire. Respondents shall submit all supporting documentation and forms in the requested order, and, except for oversized forms included with this RFP, submit all documentation on standard 8½-inch by 11-inch paper.

7. Precontractual Expenses. District shall not, under any circumstance, be liable for any pre-contractual expenses incurred by potential respondents, and shall not include any such expenses as part of their proposals. Pre-contractual expenses are defined as any expenses incurred by the potential respondent in: (a) preparing its proposal in response to this RFP; (b) submitting that proposal to District; (c) negotiating with District any matter related to this RFP, including a possible contract; or (d) engaging in any other activity prior to the effective date of award, if any, of a contract resulting from this RFP.

8. No Joint Ventures. Where two (2) or more respondents desire to submit a single proposal in response to this RFP, they should do so on a prime-subcontractor basis rather than as a joint venture or informal team. District intends to contract with a single firm and not with multiple firms doing business as a joint venture. District reserves the right to reject any proposals submitted as a joint venture or team.

9. Proposal Package Requirements. To receive consideration by District, each respondent will provide, at a minimum, the following in its proposal.

a. Respondent Description – Each proposal shall include a brief description of the respondent, including the respondent’s history in the marketplace and with the E-Rate Program.

b. Implementation Plan - Respondent will provide an implementation plan, if applicable, that details the process for respondent, system cut over (including a schedule), and contact Information for the service and/or installation managers that will be responsible for this project. Respondents shall also provide any specific or required dialing codes that would be necessary with their solution.

c. Itemized Price Sheet – Respondents shall provide pricing for

the project. All bid prices provided shall be itemized, per the requirement of the E-Rate program. Respondent will provide itemized cost for a minimum of the following: eligible services/equipment, ineligible services/equipment, one-time cost breakdowns, installation costs, and fixed costs, E-Rate eligible tax and surcharge descriptions breakdown with cost and utilization costs (such as costs per call and cost per minute/increment). Bidders shall include in their proposals all monthly unit pricing for each component of the system and an annual estimate of the California Teleconnect Fund discount.*


d. Qualifications Form – Respondents shall complete and submit the attached “Qualifications Form” (Exhibit A) as a part of their proposals.

e. References – Using Exhibit B entitled “Project List,” Respondents shall provide a minimum of five (5) references that demonstrate their ability to provide the services requested in this RFP. References shall be for E-Rate projects similar in scope to this RFP. If respondents do not have five such references, the list may include educational marketplace references, such as non-E-Rate county office of education or school district projects. References must be from projects within the last five (5) calendar years.

f. Certification Regarding Iran Contracting Act – Respondents shall provide an executed copy of Exhibit C, certifying the respondent’s status with respect to the Iran Contracting Act.

g. Certification Regarding Debarment – Respondents shall provide an executed copy of Exhibit D, certifying that the applicable respondent is not debarred, suspended or otherwise ineligible to bid on the project pursuant to Federal Executive Order 12549.

h. Non-Collusion Declaration – Respondents shall provide an executed copy of Exhibit E, certifying that the applicable respondent has not violated the non-collusion statutes in connection with submission of a proposal in response to this RFP.

i. General Acknowledgement – Respondents shall provide an executed copy of Exhibit F, which is a form acknowledging the RFP requirements.

*If the incumbent vendor does not respond with a quote, District may use the incumbent vendor’s current pricing*

10. Submittal of Proposal. Respondents must submit their proposals by (a) mail, including overnight mail, or by hand delivery, including courier service, (b) email, or (c) facsimile. No oral, telephonic or other form of delivery shall be accepted. All proposals, hard or electronic copy, will bear the name of the respondent, the District’s name and RFP number on the cover or “subject” line.

a. Delivery by mail or hand: For hand delivery or mailed proposals, submit one (1) signed copy to:

Infinity Communications 4909 Calloway Drive, Suite 102 Bakersfield, CA 93312 Attention: Carla Manzo


b. Electronic proposals: To deliver a proposal electronically

(i.e., via email), submit a single PDF of the entire proposal to [email protected]. The PDF should be organized as set forth in these Instructions, with an email subject line stating the respondent’s name, District’s name and the RFP number.

c. Fax proposals: Proposals may be faxed to Infinity

Communications, attention: Carla Manzo, at 661-716-1841. 11. Proposal Deadline. The Proposal Deadline is January 15, 2020 at 1:00

p.m. PT. Late proposals will not be accepted. Each respondent is solely responsible for timely delivery and receipt of its proposal, regardless of external factors such as traffic, weather, parking issues, problems with couriers, inadvertent diversion of electronic proposals into “junk mail,” delayed receipt of electronic emails, problems with servers, computer “crashes” or other matters. Respondents shall assume all risks associated with their chosen method of delivery. District shall in no manner whatsoever be responsible for the timeliness or receipt of proposals. Additionally, District’s determination of timeliness shall be conclusive. District will not consider arguments that its method of calculating timeliness is erroneous or flawed (e.g., that District’s clock is inaccurate). Respondents are encouraged to deliver their proposals to District well in advance of the Proposal Deadline and to otherwise factor in contingencies such as traffic, parking, problems with electronic delivery, etc. when arranging for delivery of their proposals.

12. No Reliance on Prior Submittals. Except as otherwise provided herein,

respondents must submit a complete proposal to District in accordance with this RFP and cannot rely upon any prior proposal or prior provision of relevant documentation to District or cross reference those prior documents instead of submitting a complete proposal to District.

13. Modifying or Superseding a Proposal. A respondent may modify or supersede a proposal that the respondent already submitted to District only if the respondent (a) submits the modified, complete proposal in accordance with paragraph 10 (entitled “Submittal of Proposal”) before the Proposal Deadline, and (b) simultaneously provides written notice that the modified proposal supersedes the prior proposal. Any modified proposal must be a complete proposal that fully complies with the instructions set forth in this RFP. District will not accept any oral modifications. District will replace any prior proposal with a modified proposal that is complete, timely submitted and complies with this RFP. District will reject any modified proposal that is incomplete, not timely received, or otherwise does not comply with this RFP. If District rejects a modified proposal, then District will review and evaluate the prior proposal, unless it was withdrawn in accordance with these Instructions. If a respondent properly modifies its proposal, then the respondent shall only have rights to appeal District’s decision regarding the modified proposal, and shall no right of appeal with respect to the original proposal. Conversely, if a respondent attempts to modify a proposal but fails to timely do so, the respondent shall only have rights of appeal with respect to the original proposal.


14. Withdrawing a Proposal. A respondent may withdraw its proposal at any

time prior to the Proposal Deadline by submitting a written request to Carla Manzo at Infinity Communications via the delivery methods set forth in paragraph 10 (entitled “Submittal of Proposal”). District will not accept any oral withdrawal request. A withdrawal request must be signed by an authorized representative of the respondent. Any proposal security for a withdrawn proposal shall be returned at the time of withdrawal. After the Proposal Deadline, proposals shall not be withdrawn for a period of ninety (90) calendar days. A respondent that properly withdraws its proposal shall not have any rights of appeal regarding the proposal.

15. Respondent’s Exceptions to RFP. Respondents must clearly indicate any exceptions or deviations to this RFP in their proposals. Any exceptions or deviations from this RFP may adversely affect District’s determination of which proposal is in District’s best interest. To the extent permitted by applicable law, District may negotiate the details of any final contract with the successful respondent. However, the proposal submitted should contain respondent’s most favorable terms and conditions since the selection and award may be concluded without further clarification, discussion or negotiation. Furthermore, District reserves the right, in its sole discretion, to terminate any negotiations at any time and proceed with another qualified provider.

16. Rejection of Non-Responsive Proposals. District may reject a proposal as non-responsive if the proposal fails to conform to the requirements set forth in this RFP; if the proposal contains voluminous exceptions or deviations; or if District reasonably determines that the proposal is unintelligible, internally inconsistent, or otherwise ambiguous. District may, but is not required to, seek information from any respondent that may resolve an ambiguity in the respondent’s proposal.

17. Evaluation Criteria. District will evaluate the proposals and select the winning proposal based on the following criteria and weighted in the order listed in its relative importance:

a. Price – The price of eligible goods and services will be the

highest weighted factor. District will be evaluating price based ONLY on the eligible monthly and eligible “one-time” costs. E-Rate ineligible items must be provided on a separate rate sheet that will not be a part of the evaluation.

b. Experience – District will evaluate the respondent’s

experience based on several factors, including, but not limited to, the respondent’s ability to successfully provide the requested service; the respondent’s prior history, if any, with District. This evaluation may generate a positive or negative result. A neutral finding will provide all bidders the same score.

c. Accuracy of Bid Response – District will evaluate the

respondent’s proposal for accuracy, including, but not limited to,


completeness of bid package, amendments and/or exceptions to the requested service and/or this RFP.

d. Advantage to District. Evaluation of delivery timetables, support logistics, capacity to meet or exceed requested deliverables set forth in Special Conditions, etc.

e. Qualifications – District will evaluate the respondent’s

qualifications based on several factors, including, but not limited to, the narrative proposal, Qualifications Form and any other readily available materials indicating matters such as technical expertise, current service area coverage; the number of projects successfully completed by the respondent providing the same type and scope of the requested services; whether the respondent provides CTF; and the form and content of the respondent’s service level agreement, if any, included with respondent’s proposal.

18. Contract Award. District reserves the right to make the award to the respondent that submits the proposal which meets the requirements set forth herein and best meets the needs of District after taking into consideration all of the aforementioned factors. District also reserves the right to select portions of a proposal, or to reject any and all proposals.

19. Notice of Intent to Award. On or about February 19, 2020, District shall provide all respondents a notice indicating which respondent, if any, District intends to award the Contract (the “Notice of Intent to Award”).

20. Protests. Any respondent submitting a proposal under this RFP may file a protest of District’s intent to award the Contract. Any and all proposal protests (each a “Protest”) shall comply with the following procedures.

a. Protests shall not be submitted by any respondent that withdrew its proposal or failed to timely submit a proposal.

b. Protests shall be in writing, and shall include the following information: (i) the name, address, and telephone number of the respondent, (ii) the name, direct telephone number and email address of the respondent’s authorized representative, (iii) the RFP number and title; (iv) a detailed description of the legal and factual grounds for the Protest; (v) all supporting documentation for the Protest; (vi) the form of relief requested by the respondent; and (vii) the signature of the respondent’s authorized representative.

c. Protests shall be submitted to District by not later than 10:00 a.m. PT on the third calendar day after the issuance of the Notice of Intent to Award (the “Protest Deadline”). The Protest shall be delivered in the following manner:


Via personal delivery, courier service, mail or email at: Conejo Valley Unified School District 1400 E. Janss Road, Thousand Oaks, CA 91362 Attn.: Deputy Superintendent [email protected] With a cc to: Infinity Communications 4909 Calloway Drive, Suite 102, Bakersfield, CA 93312 Attn.: Carla Manzo [email protected]

District will not accept or consider any oral protest (e.g., by telephone) or facsimile protest.

d. By the Protest Deadline, the protesting respondent shall also provide a courtesy written copy of the Protest to the respondent subject to the Protest. Failure to serve the Protest upon the respondent subject to the Protest may be grounds for District to deny the Protest.

e. A respondent whose proposal has been protested by another respondent may submit to District and Infinity Communications a written response to the Protest (each a “Protest Reply”). Any Protest Reply shall be submitted to District and Infinity Communications no later than 10:00 a.m. PT on the second calendar day after delivery of the Protest (the “Protest Reply Deadline”). The Protest Reply shall be delivered in the manner set forth in paragraph 20(c), above. District will not accept or consider an oral or facsimile Protest Reply.

f. If a Protest does not comply with the provisions of this Section, District may reject the Protest as invalid. A respondent may at any time withdraw its Protest.

g. Upon receipt of a valid Protest, District shall review the Protest and all relevant information and documents, including any Protest Reply, and shall provide a written response to the protesting respondent and the respondent subject to the Protest. District may decline to award the Contract, may award the Contract to a respondent other than as previously intended, or may award the Contract to a respondent as previously intended despite the Protest. If required by applicable law, District will hold a hearing with respect to a Protest. District’s decision with respect to any Protest shall be final with no further review by or appeal to District.


h. The protest procedures set forth herein are a mandatory administrative remedy, and a condition precedent to the filing of any claim or demand and to the initiation of any action (legal or equitable) or other proceeding arising from the matter(s) protested. Each respondent that desires to protest shall file its own Protest and shall not in any manner whatsoever rely upon the Protest of another respondent. Failure to comply with these procedures shall be deemed and construed as a waiver of any and all rights the respondent may have to pursue a claim, demand or action arising from or related to the proposals, including, but not limited to, the award of the Contract.

i. Notwithstanding the generality of the foregoing procedures, in the event that this RFP will be funded in whole or in part by any State or federal funds that require a protest procedure different than the procedures set forth herein, then that different protest procedure shall control.

21. Final Contract Award. Any final contract award shall be made at a District

Board meeting.

22. Addenda. If it becomes necessary for District to revise any part of this RFP, or to provide clarification or additional information after the initial RFP is released, a written addendum will be prepared. To determine whether any addenda have been issued, please visit the project website at www.infinitycomm.com/projects and https://portal.usac.org/suite/. District may, but is not required to, also send addenda via facsimile, email, or first-class U.S. mail. Even if District sends any addenda via facsimile, email, or first-class U.S. mail, District shall not be obligated to send additional addenda by the same or similar means. Each respondent shall be solely responsible for reviewing District’s website for any addenda. In their proposals, respondents shall acknowledge and accept the terms of any and all addenda. Notwithstanding the foregoing, all addenda issued during the time of bidding shall be incorporated into this RFP and any and all proposals automatically.

23. Ongoing Duty to Provide Accurate, Complete Information. Proposals must contain accurate, complete information. In no event shall any respondent withhold pertinent information or provide false or misleading information. If any information provided by a respondent becomes inaccurate, false or misleading, then the respondent must immediately notify District of the discrepancy in writing and provide the accurate information to District. In its sole discretion, District reserves the right to terminate an existing contract with a successful respondent who provided District with inaccurate, false or misleading information. In no event shall District be liable for any costs, damages, penalties, or losses incurred by the respondent in association with termination of services under this paragraph or paragraph 24 (entitled “District’s Further Investigation and/or Request for Further Information”).




24. District’s Further Investigation and/or Request for Further Information. Although the proposal will be the primary basis of determining whether a vendor is qualified, District expressly reserves the right to examine other available sources, including, but not limited to, conducting Uniform Commercial Code searches and reviewing other public records. Respondents are deemed to have acknowledged and consented to these communications by submitting a proposal. Moreover, District reserves the right to seek additional information from any respondent at any time. For example, if District reasonably determines that information in the proposal may be false, inaccurate or misleading, then District shall have the right to take whatever steps are necessary to rectify the situation, including, but not limited to, the following: (a) request supplemental documentation from the respondent or other relevant parties to ascertain whether the proposal included false, inaccurate or misleading information; and (b) if material information in the proposal was false, inaccurate or misleading, then (i) terminate any agreement with the respondent for cause, and (ii) recover any losses incurred by District due to the false, inaccurate or misleading information.

25. Public Records. All materials submitted in response to this RFP shall

immediately become the property of District and shall be returned only at District’s option and at the expense of the vendor submitting the proposal or proposal. Subsequent to opening of the proposals, the conclusion of any contract negotiations or notification of the intended award, as applicable, the proposals shall become public records, subject to disclosure under the California Public Records Act (Government Code Sections 6250, et seq.) (the “CPRA”). District shall not provide advice to respondents regarding the applicability of the CPRA to their respective proposals. By submitting a proposal, respondents are deemed to understand and accept that their proposals may be subject to disclosure under the CPRA. In the event that any respondent submits information in its proposal that constitutes a trade secret as that term is defined in California Civil Code Section 3426.1(d), or that is otherwise exempt by law from disclosure to the public, and prominently labels that information as “TRADE SECRET,” “CONFIDENTIAL,” or “PROPRIETARY,” as applicable, the information may not be subject to disclosure. If respondents indiscriminately label all or most of their proposals as exempt from disclosure, without justification, then their proposals may be rejected as non-responsive. Respondents submit proposals at their sole expense and risk. In no event shall District be liable to any interested party, including, but not limited to, any respondent, for the disclosure of any information set forth in any proposal, regardless of whether the disclosure is required by law or court order, or occurs through the inadvertence, mistake, or negligence of District or its officers, employees, contractors, or consultants. Respondents shall be solely responsible and liable for prosecuting or defending any action concerning disclosure of information in their respective proposals under the CPRA, and shall hold District harmless from all costs and expenses, including, but not limited to, attorneys’ fees in connection with any such action. In accordance with applicable law and District policy, District may eventually destroy or otherwise dispose of proposals without prior notice and without any right of recourse to a respondent.

26. Public Agency Requirements. This RFP is subject to certain laws and

regulations applicable to State public agencies, including State public school districts,


county offices of education, and certain District policies and procedures. This RFP contains some, but not all, of the foregoing requirements. By submitting a proposal, respondents shall be deemed and construed to have acknowledged that (a) the anticipated Contract is subject to certain legal requirements applicable to State public agencies, (b) the respondent is familiar with such legal requirements, and (c) the respondent agrees to abide by all such legal requirements. Moreover, District is a member of a joint powers agency self-insurance program, which, among other things, provides certain insurance and indemnity requirements and recommendations to District. Those requirements are set forth in this RFP (e.g., in the General Conditions). By submitting a proposal, respondents shall be deemed and construed to have read, understood and agreed with the insurance, indemnity and related requirements provided therein.

27. No Improper Influence of District Board or Staff, or References. Respondents shall not in any way attempt to influence any member of the Board or any District administrator, employee or consultant with respect to this RFP or any other matter. Moreover, respondents shall not in any way attempt to influence any of their references or the references of any other respondent. District reserves the right to reject the proposal of any party that violates this provision or appears to violate this provision, and, at any time, to seek any other remedy available at law or in equity for violation of this provision.

28. Reservation of Rights. District reserves the right to reject any and all proposals, and to waive any informality or irregularity in the proposals, or any portion thereof, and/or the bidding process. District will reject as non-responsive any proposals containing irregularities that are not minor irregularities, including, but not limited to, any proposal that is materially incomplete. Furthermore, District reserves the right to reject the proposal of any respondent that is or has been in arrears to District, or that is otherwise in default of any contract with District as a surety, vendor, service provider, contractor, or otherwise. District also reserves the right to consider any such arrears or default in its evaluation of the respondents.

29. No Guarantee. The issuance of this RFP is not a guarantee that District will proceed with the procurement of services contemplated herein within the anticipated timeline or ever. District reserves the right to postpone, delay, suspend or terminate its plans with respect to this RFP. No prospective respondents shall have any claims whatsoever against District regarding any adjustments or modifications or termination of the District’s plans with respect to this RFP.

30. Questions. All inquiries regarding this RFP will be directed to Carla Manzo via email at [email protected]. The deadline for all questions regarding this RFP will be on January 1, 2020 at 3:00 p.m. PT. District shall not be obligated to answer any questions received after the above-specified deadline or any questions submitted in a manner other than as instructed above.

END OF INSTRUCTIONS

CONEJO VALLEY UNIFIED SCHOOL DISTRICT – . 0455-19A.5B – ISP SERVICES CITY CENTER PAGE 12 OF 53

PART III: SPECIAL CONDITIONS A. Scope of Work. District currently receives access to the world wide web at 150Mbps (or higher). Respondent will provide service to the District’s City Center Preschool located at 110 S. Conejo School Rd., Thousand Oaks, CA 91362. District is seeking proposals for ISP services. District is seeking proposals for ISP services. Respondents shall use the attached copy of District’s “monthly bill” that includes each of District’s current BTN’s/ WTN’s to determine the quantity and scope of the services requested. The successful bidder will include in their bid price, at a minimum of the following:

1. The cost to provide the same quantity, speeds, function and services as the District’s existing service or equivalent;

2. The cost to retain and/or port all District’s existing telephone numbers or

equivalent;

3. The cost of all one-time connection and/or installation fees necessary by the bidder to provide their proposed services.

Please note that the attached bills are only provided for an additional description of the District’s current services. All bid responses will be accepted from the bidders who have bid an equivalent to District’s current services. B. Pricing Specifications.

1. The cost to provide Internet Access (Bandwidth). Bidder’s price shall include the following:

a. The available bandwidth shall be a minimum of 150Mbps (or

higher); b. The service and-off shall be directly to the Owner’s supplied

Local Area Network;

c. Internet access availability of 24 hours, 7 days a week, 365 days a year;

d. Route all Owner’s TCP/IP data traffic from their network to the internet;

e. Bidder must maintain connections to multiple Tier 1 internet Bidders.


2. The cost to provide the Internet Connection (Circuit). Bidder’s price shall include the following:

a. The necessary physical connection from the bidder to

the Owner, including but not limited to any/all one-time special construction cost(s), permits and licensing, and bidder’s supplied on-site premise equipment, necessary to successfully transmit the requested service.

b. All cost necessary, including but not limited to “curb to

demarc”, to deliver the requested hand off to District’s specified “Point of Demarcation” listed below:

• Point of Demarcation = MDF at 110 S. Conejo School Rd., Thousand Oaks, CA 91362.

c. Demarcation hand-off will be a Fiber connection.

Bidder will provide and maintain all premise equipment necessary to provide District with the specified handoff and type of service requested.

d. Full Duplex operation (connection shall be bi-

directional)

e. The requested service shall allow the following Network Protocols:

• All TCP/IP protocols

• All Layer 1 and Layer 2 protocols, minimum Layer 3 protocols (EIGRP, IGMP, IPSec, OSPF, & RIP).

f. No other bidder’s customers will have any physical or

logical access to District’s traffic/VLAN. RFP response will include any/all costs associated with switching services from District’s present supplier. Bidder’s presentation of a bid response is an acknowledgment of this requirement. C. Additional Services List. Not applicable to this RFP. D. E-Rate Requirements.

1. In General. The services requested in this RFP are dependent on funding from the E-Rate program. District expects prospective bidders to make themselves thoroughly familiar with all applicable rules and regulations regarding the E-Rate program. For further information regarding the E-Rate Program please reference the Universal


Service Administrative Company’s (USAC) Schools and Library Division (SLD) website: http://www.universalservice.org/sl/.

2. Contingencies. All contracts entered into as a result of this RFP and the

associated Form 470 will be contingent upon:

a. Funding approval by the SLD; b. Approved funded amount equal to the funding amount as

requested on the Form 471;

c. The respondent providing, at the time of bid, and maintaining a valid Service Provider Identification Number (SPIN) consistent with the type of service requested in this RFP;

d. A certified Form 486 filed by District and/or a written “Notice to Proceed” from District to the winning bidder to initiate service. *Service Provider must contact District prior to any work proceeding. 3. Billing. Although this RFP seeks a multi-year contract, per the requirement

of the E-Rate Program no billing and/or service may begin for this contract until July 1, 2020 and may not extend past June 30, 2021. Per E-Rate rules, applications will be submitted each year of multi-year contracts for funding consideration.

4. Contract Term. District would like to receive proposals that are based upon

a three-year contract term with two possible one-year extensions. The initial three (3) year contract term shall start: July 1, 2020 and end June 30, 2023. District reserves the option to extend this contract for a period of two (2) additional years at a time through June 30, 2025, not to exceed a total of five (5) contract years. An extension option must be mutually acceptable to both parties. Any request for and acceptance of an extension shall be in written form and shall include any requests and justifications for adjustment in compensation. Respondents that can provide “lower” rates by extending the length of contract may provide this option as part of their proposals.

5. Percentage Rates; Invoicing. District’s percentage rate, as determined

on the Form 471, will be the maximum for which District is liable. The bidder will be responsible to invoice USAC for the balance, using the Service Provider Invoicing method (SPI Form 474). Prior to invoicing USAC for services rendered on this project, bidder agrees to provide District a copy of their USAC invoice to verify that the material has been delivered and accepted by District before bidder bills USAC.

6. Service Growth Clause. Growth services may or may not be requested by District during the contract term. The “growth clause” shall not require a change in contract terms. The “growth clause” shall include a price for all existing service types plus any additional services of the same type/speeds/bandwidths. Please include additional growth pricing for bandwidths of 150Mbps – 1Gbps in the increments the bidder has available.

http://www.universalservice.org/sl/


7. Service Timeline; Liquidated Damages. The successful bidder shall have the entire installation complete, all permits, third party agreements and other authorizations obtained and fully executed, and all circuits ready to turn up no later than July 1, 2020. The bidder understands and agrees that the goodwill, educational process and other business of District will be damaged if the contractor fails to abide by the foregoing requirements. The bidder further agrees that the exact amount of damage for failure to commence provision of the services in compliance with this RFP within the time specified is, in most cases, extremely difficult, impractical or impossible to determine. As to those damages that are difficult, impractical or impossible to determine, bidder agrees that it shall pay to District, in accordance with Government Code Section 53069.85, as fixed and liquidated damages, and not as a penalty, the sum of $2,500.00 per day for each and every calendar day after July 1, 2020 that the services have not commenced in compliance with this RFP until all services required under the RFP are being properly provided to District. Bidder agrees that this amount is a reasonable estimate of District’s damages. Bidder agrees that it will pay any and all liquidated damages to District on request, and that District, in its sole and absolute discretion, may instead choose to deduct such damages from amounts otherwise payable to bidder. In addition, District shall have the option of terminating the contract with the bidder for failure to timely and properly perform. Failure to acknowledge the requirements in the bidder’s response shall result in a non-responsive determination and no further evaluation of the bidder’s proposal shall be considered.

8. Termination. District reserves the right to terminate any contract and/or agreement even with the successful bidder, regardless of USAC’s approval or denial; of any funding that is requested as a result of this RFP, prior to any work starting. District reserves the right to accept the pricing proposal solely dependent upon SLD approval.

END OF SPECIAL CONDITIONS

CONEJO VALLEY UNIFIED SCHOOL DISTRICT – . 0455-19A.5B – ISP SERVICES CITY CENTER PAGE 16 OF 53

PART IV: GENERAL CONDITIONS

These General Conditions of the RFP (these “General Conditions”) have been prepared on behalf of District. Capitalized terms used but not defined herein shall have the meanings attributed to such terms in other parts of this RFP.

1. General Conditions as Part of Contract. Respondents shall carefully review these General Conditions. The entire RFP, including these General Conditions, shall be incorporated by reference into the Contract.

2. Execution of Final Contract. Within such reasonable time requested by

District, the successful respondent (“Contractor”) shall execute and provide to District the final contract for the project contemplated under this RFP. The form of the final contract is set forth in this RFP as Exhibit “I” and shall incorporate by reference all the terms and conditions of this RFP. In the event that Contractor refuses to comply with any portion of this RFP, fails to promptly execute the contract or fails to timely commence the services contemplated hereunder, District may rescind the proposal award, terminate the contract for cause, seek damages from contractor and/or pursue any other remedies available at law or in equity. If Contractor defaults, then District reserves the right to award the contract to another qualified respondent, rebid the project, and/or pursue any other remedy or remedies available under applicable law.

3. Post-Award Conference. Following the Notice of Award and prior to services commencing, Contractor may be required to attend a planning meeting with District, at no additional cost to District. Any such meeting shall be held telephonically, by videoconference or in person at District’s offices or another mutually agreeable place within the County.

4. Permits, Licenses and Other Authorizations. Prior to commencement of services and throughout the duration of the contract, Contractor shall, at its own cost and expense, obtain and maintain in full force and good standing any and all licenses, permits, third party agreements, right of way agreements, leases, regulatory approvals and any other written authorization required in connection with furnishing the equipment and services contemplated in this RFP (collectively “Authorizations”). For avoidance of doubt, the term “required” in this paragraph refers to and includes each of the following: (a) Authorizations mandated by local law, State law and/or federal law; (b) Authorizations requested by any governmental entity with jurisdiction over Contractor, the project and/or public rights of way utilized for the project; and (c) Authorizations otherwise necessary to legally ensure District’s right to use the services and equipment contemplated hereunder for the entire contract term without interruption. Contractor assumes all responsibility for being knowledgeable about, obtaining, maintaining and renewing the required Authorizations. This obligation expressly includes a duty to remain informed about new/amended laws and/or governmental conditions of approval. Contractor’s failure to obtain and maintain the required Authorizations shall be deemed a material violation of the Contract and grounds for District to immediately terminate the Contract and seek any applicable remedies available at law or in equity.


5. Materials; Labor. Except as otherwise provided herein, Contractor shall furnish, at its own expense, all materials, labor, equipment, tools, supplies and other items necessary to complete the services contemplated under this RFP.

6. Standard of Care; Work Performance. Contractor represents and warrants that Contractor has the requisite qualifications, knowledge, expertise and ability to perform the services contemplated hereunder without the control, advice or supervision of District, and further represents and warrants that Contractor will perform all services under this RFP in accordance with a high standard of care and with a sufficient, skilled workforce. Contractor shall be responsible to District for the acts and omissions of Contractor’s employees, subcontractors, agents and all other persons performing any of the work under a contract with Contractor in connection with this RFP.

7. Access to District Sites. District grants Contractor reasonable access to

District sites as necessary for Contractor to install, construct, inspect, maintain, repair and remove Contractor’s cabling, modems, routers and other equipment. Contractor agrees to comply with any and all District policies regarding access to District sites, including, but not limited to, District Board Policies requiring that all District properties remain drug-free, alcohol-free, tobacco-free and the prohibition of weapons on District properties. Contractor shall provide reasonable advance notice to District regarding scheduling any such access, which shall generally occur during regular business hours (except for emergencies and urgent service calls). Notwithstanding the generality of the foregoing, District shall have the right to preclude Contractor from accessing District sites during specific times as necessary for the safety and/or protection of District students, staff and property.

8. Protection of District Students. During any construction related to this RFP, Contractor shall comply with the provisions of Education Code Section 45125.2 which states that the safety and protection of District pupils shall be ensured by the installation of physical barriers at all work sites located on District property; the continual supervision and monitoring of Contractor’s employees by an employee who has passed a background check; and/or surveillance of employees by District personnel. If required by District, Contractor shall also comply with the provisions of Education Code Section 45125.1, which provides background check rules for parties that will have more than limited contact with students.

9. Construction Requirements. The project contemplated hereunder will be a “public work” project to the extent that the successful respondent must engage in construction, alteration, demolition, installation, maintenance or repair work valued at more than $1,000.00 to provide the requested services. (See Labor Code Section 1720.) To the extent, if any, that the project contemplated hereunder constitutes a “public work,” Contractor shall comply with all applicable public works laws, including, but not limited, to (a) registration with the Director of Industrial Relations (“DIR”) pursuant to Labor Code Section 1725.5; (b) provision of a list of all subcontractors performing any portion of the work (which subcontractors shall also be DIR registered) pursuant to Labor Code Sections 1725.5 and 1771.1 and Public Contract Code Section 4104; (c) the maintenance and provision of certified payroll records, pursuant to Labor Code Section 1776; (d) the


payment of prevailing wages, pursuant to Labor Code Sections 1774 (note that the prevailing wage rates are available through the District’s administrative office); (e) the posting of prevailing wage rates and job site notices at the site and Contractor’s principal place of business; (f) the payment of penalties for the failure to pay prevailing wages; (g) compliance with DIR compliance monitoring and enforcement, as applicable; (h) the recognition of legal work days pursuant to Labor Code Sections 1810 through 1815; (i) the employment of apprentices, pursuant to Labor Code Sections 1777.5, et seq.; and (j) all safety regulations and other applicable Labor Code and Public Contract Code laws. Additionally, to the extent required by the circumstances and applicable law, Contractor shall comply with State Water Resources Control Board’s Water Quality Order No. 2003-0005-DWQ National Pollutant Discharge Elimination System General Permit No. CAS000004 (the “Permit”). Finally, in the event of any construction on District property, Contractor shall comply with District’s construction policies, including, but not limited, to District’s policies regarding scheduling of construction; cleaning construction sites; storage of construction materials; parking; and conduct of personnel on District property. The foregoing provisions shall apply to Contractor’s subcontractors.

10. Contractor’s Insurance.

a. Insurance Limits. Prior to commencement of services under the Contract and throughout the duration thereof, Contractor shall, at its own cost and expense, procure and maintain policies of insurance for the following four (4) types of coverage:

i. Workers’ Compensation Insurance: As required by

State law, on all its employees engaged in work related to the performance of the Contract.

ii. Commercial General Liability Insurance: Not less

than the following coverage:

Each Occurrence Aggregate $1,000,000.00 $2,000,000.00

Commercial general liability insurance shall include products/completed operations, broad form property damage, bodily injury, and personal and advertisement injury. This insurance requirement may increase if the project requires major construction.

iii. Cyber Liability:

$10,000,000.00 combined single limit

iv. Commercial Automobile Liability: For all owned,

hired and non-owned vehicles subject to the Contract in the following amount:


$1,000,000.00 combined single limit

v. Employer’s Liability:

Each Occurrence Aggregate $1,000,000.00 $1,000,000.00

b. Additional Insureds. Contractor’s commercial automobile

liability insurance shall name District, its employees, school board members, officers, agents, employees and volunteers as additional insureds. All additional insured provisions shall be evidenced by an endorsement reasonably approved by District.

c. Certificates of Insurance. Contractor shall provide

certificates of insurance to District as evidence of the insurance coverage required herein prior to commencing work under the Contract and by any deadline set forth in this RFP.

d. Waiver of Subrogation. Contractor shall waive any and all

rights of subrogation regarding workers’ compensation that Contractor may have against District.

e. Rating of Insurer. All policies shall be from admitted

insurers with an A.M. Best rating of at least A-, VII, or better, except that for workers’ compensation coverage, the California State Compensation Insurance Fund (State Fund) is acceptable. District reserves the right to approve other carriers if found acceptable to District in its sole discretion.

f. Deductibles. In the event that Contractor’s deductibles

collectively total more than one hundred thousand dollars ($100,000.00), District reserves the right to request proof of Contractor’s financial solvency in relation to remittance thereof.

g. No Claims Made Policies. For the Contract, District shall not

accept any insurance written on a “claims made” basis.

h. Primary Insurance. Contractor’s insurance shall be primary and without the right of contribution from any self-insurance or insurance maintained by District.

i. Cancellation; Non-Renewal. All insurance policies subject to this Agreement shall provide at least thirty (30) calendar days’ advance written notice of cancellation, non-renewal or reduction or reduction in coverage to the District Deputy Superintendent of Business Services.


j. Caveat. The insurance requirements under the Contract shall be the greater of (i) the minimum limits and coverage specified herein and (ii) the broader coverages and maximum limits of coverage of any insurance policy or proceeds retained by Contractor. The Parties expressly agree that the insurance limits set forth herein shall not in any way whatsoever act to reduce coverage that is broader or that includes higher limits. District makes no representation that the minimum requirements stated in this RFP are sufficient to cover Contractor’s obligations hereunder, its business operations, or any and all insurances required under applicable law. Contractor is solely responsible for obtaining sufficient and legally compliant insurance coverage.

k. Failure to Procure or Maintain Required Insurance.

Contractor’s failure to procure or maintain the requisite insurance set forth herein shall constitute a material default by Contractor, in which event District shall be entitled to pursue any and all remedies available at law or in equity. 11. Indemnification. To the fullest extent permitted by State law, Contractor

shall at its sole expense indemnify, protect, defend and hold harmless District, its board members, officers, agents, employees, and volunteers from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees) of any kind, nature, and description, including, but not limited to, personal injury (including, but not limited to, injuries related to or derived from alleged sexual misconduct, sexual abuse or molestation), death, damage to real property, damage to personal property, and infringement of intellectual property rights, to the extent the liability arises out of or is in any way attributable to the performance of the Contract by Contractor or by any individual or entity for which Contractor is legally liable, including, but not limited to, Contractor’s officers, agents, and employees. Notwithstanding anything to the contrary herein, Contractor’s obligations under this paragraph shall apply even if the relevant act or omission is not authorized under the Contract. Contractor’s liability under this paragraph shall not be limited by the insurance limits hereunder. The provisions of this paragraph do not apply to any damages or losses caused by the negligence or willful misconduct of District, its board members, officers, agents, employees, and volunteers.

12. Limitation of Liability. District assumes no responsibility whatsoever for

any of Contractor’s personal property placed on District premises. Except as specifically provided in the Contract, in no event shall District be liable in contract or tort for any special, consequential, indirect, or incidental damages, including, but not limited to, lost profits, arising out of or in connection with the Contract.

13. Notices. Any notice to be given under the Contract to either Party shall be

in writing and shall be given by personal delivery (including express or courier service),


or by registered or certified mail, with return receipt requested, postage prepaid and addressed to the respective Party at the address designated at the post-award conference or the final contract. In the event that no address is designated at the post-award conference or the final contract, then any notice to District shall be delivered to 750 Mitchell Road, Newbury Park, California 91320, Attn.: Deputy Superintendent, Business Services, and any notice to Contractor shall be delivered to the address and person designated in Contractor’s proposal.

14. Termination of Contract.

a. Termination by Contractor for Cause. Contractor may terminate the Contract for cause upon thirty (30) calendar days’ written notice. For purposes of this subparagraph, “cause” shall be defined as any one or more of the following: (i) District’s failure to pay Contractor any undisputed amount within thirty (30) calendar days of demand and (ii) District’s unexcused failure to provide Contractor access to District’s property for installation, repair, maintenance or removal of Contractor’s equipment and facilities.

b. Termination by District for Cause. District may terminate the Contract for cause upon thirty (30) days’ written notice to Contractor. For the purposes of this subparagraph, “cause” shall include, but not be limited to, (i) Contractor filing for bankruptcy, being adjudged bankrupt, or being subject to involuntary bankruptcy proceedings; (ii) Contractor making a general assignment for the benefit of Contractor’s creditors; (iii) the appointment of a receiver due to Contractor’s insolvency; (iv) the levy of an attachment of execution upon Contractor’s property; (v) the failure of the Contractor to abide by the service timeline set forth in the Special Conditions or otherwise adequately progress on any construction in relation to this RFP; (vi) the persistent or repeated failure or refusal of Contractor to supply the requested services, maintain the equipment in good mechanical order, or make prompt payment to its employees, (vii) the disregard of or failure to comply with any applicable law, regulation or policy; and (viii) any other material breach of the Contract by Contractor, Contractor’s employees, or anyone acting on Contractor’s behalf. Notwithstanding the thirty (30) days’ advance written notice specified herein, District reserves the right to immediately suspend services of Contractor if the circumstances reasonably warrant. Moreover, Contractor shall be liable to District for any excess cost occasioned to District by termination for cause. The foregoing provisions for termination of the Contract are in addition to, and not in limitation of, the right of District under any other provisions of the Contract.

c. Termination by District Due to Loss of Service.

Notwithstanding Section 14(b) above, District may terminate the Contract immediately if District suffers loss of service and Contractor fails to cure such loss of service within seventy-two (72) hours of notice from District.


District may, in its sole and absolute discretion, provide Contractor additional time to cure a loss of service.

d. Termination by District Due to Non-Appropriation of Funds. District shall have the right to terminate the Contract before the expiration of the Initial Term or any applicable extended term due to non-appropriation of funds, as set forth in paragraph 17 of these General Conditions (entitled “Appropriation Clause”).

e. Termination by Either Party for Convenience. Either party shall have the right to terminate the Contract for convenience, due to frustration of purpose, if the Contract is stopped or prohibited by a order of any court of competent jurisdiction or any public authority with applicable jurisdiction, and through no act or fault of either Party.

f. False Claims. Pursuant to Government Code Sections 12650, et seq., any person, including an independent contractor, who submits a false claim to District shall be liable to District for three times the amount of damages which District sustains because of the false claim. Anyone who submits a false claim to District may also be liable to District for statutory penalties for each false claim, and for the costs of a a civil action to recover damages and/or penalties. The submission of a false claim shall be a material breach of the Contract.

15. Dispute Resolution. The Parties may agree to attempt to settle any and

all disputes arising out of or related to the Contract by neutral, non-binding mediation. The following provisions of this paragraph shall apply if, and only if, the Parties agree to mediation. Either Party may request mediation, provided that the request shall be in writing and delivered to the other Party personally or by certified mail. The Parties shall act in good faith when attempting to resolve any dispute by mediation. A Party shall not be entitled to attorneys’ fees in any lawsuit, arbitration, or other proceeding related to or arising under the Contract if that Party refused or failed to participate in mediation in good faith pursuant to this paragraph. The Parties further agree to act in good faith to identify a mutually acceptable mediator. If a mediator cannot be agreed upon by the Parties, each Party shall designate a mediator and those mediators shall select a third mediator who shall act as the neutral mediator of the Parties’ dispute. If the dispute or claim is resolved successfully through the mediation, the resolution shall be documented by a written agreement executed by the Parties. If the mediation does not successfully resolve the dispute or claim, the Parties may then proceed to seek an alternative form of resolution of the dispute or claim, in accordance with the remaining terms of the Contract and other rights and remedies afforded to them by law.

16. Independent Contractor. Contractor is and shall at all times remain a

wholly independent contractor and shall be wholly responsible for the manner in which Contractor performs the services required by the contract. Nothing in the contract shall be construed as creating the relationship of employer and employee, or principal and agent, between District and Contractor, or District and any of Contractor’s agents or


employees. Contractor assumes exclusively the responsibility for its employees as they relate to the services to be provided under the contract. The personnel performing the services under the contract on behalf of Contractor shall at all times be under Contractor’s direction and control. Contractor, including its agents and employees, shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of District. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall, by virtue of services rendered under the contract, obtain any rights to retirement, health care or any other benefits which may otherwise accrue to District’s employees. Contractor shall be responsible for payment of all Contractor’s employees’ wages, payroll taxes, employee benefits and any amounts due for federal and State income taxes and social security taxes since these taxes will not be withheld from payments under the contract. Contractor shall have no authority to bind District in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against District, whether by contract or otherwise, unless such authority is expressly conferred in writing by District, or under the contract.

17. Appropriation Clause. Contractor hereby agrees and acknowledges that

monies utilized by District to purchase services is public money appropriated by the State and/or acquired by District from similar public sources and is subject to variation. District fully reserves the right to cancel services due to non-availability or non-appropriation of sufficient funds beyond the current fiscal year, in which event District shall not be liable to Contractor for any damages, claims, or penalties at law or in equity.

18. Force Majeure. Each party shall each be excused from performance under the Contract during the time and to the extent that it is prevented from performing in the customary manner by an act of God, fire, flood, war, riot, civil disturbance, terrorism; epidemic, quarantine; strike, lockout, labor dispute, oil or fuel shortage, freight embargo; rationing or unavailability of equipment, materials, products, plants or facilities; commandeering of equipment, materials, products, plants, or facilities by the government; or any other occurrence which is beyond the control of the party, when satisfactory evidence thereof is presented to the other party within seven (7) calendar days of the force majeure event or as soon as reasonably practical.

19. No Assignment; Successors and Assigns. When and if the contract is awarded, it shall be awarded solely to Contractor, it being understood that District is specifically relying on the identity of Contractor, including, but not limited to, the information provided by Contractor in connection with Contractor’s proposal (e.g., Contractor’s project history, insurance history, etc.), Contractor’s references, and Contractor’s answers in the Qualifications Form. Therefore, Contractor shall not assign the Contract or any portion thereof to any other person or entity in any manner whatsoever (whether voluntarily, involuntarily, by operation of law, or otherwise) without District’s prior written consent, which District can withhold in its sole discretion. For avoidance of doubt, this restriction includes, but is not limited to, the following: (a) any change in the controlling percentage of Contractor (where “controlling percentage” means the ownership of, and the right to vote, stock or membership interests possessing at least fifty-one percent (51%) of the total combined voting power of all classes of Contractor’s


stock or membership interests, or such lesser percentage as is required to provide actual control over the affairs of the Contractor) whether by merger, reorganization, consolidation, purchase and sale of stock or membership interests, dissolution, or otherwise (provided, however, that this subsection (a) shall not apply to any publicly traded companies); (b) any delegation of Contractor’s obligations, duties, conditions, rights, or remedies under the Contract to a third party (e.g., a subcontractor, third party independent contractor, etc.); and (c) the listing of the Contract as an asset under any bankruptcy, insolvency or reorganization proceeding. Any purported assignment in violation of this paragraph is void. Notwithstanding the foregoing, in the event that District provides its written consent to any assignment of the Contract or any portion thereof, then all provisions of the Contract, including, but not limited to, the Special Conditions and these General Conditions, shall inure to the benefit of and shall be binding upon the successors and assigns of Contractor, and any successors and assigns of District.

20. Non-Discrimination. In accordance with applicable law and District policy,

Contractor shall not discriminate in connection with any work performed under the Contract on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition, marital status, or any other protected class.

21. Undocumented Workers. Contractor hereby promises and agrees to comply with all the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. Sections 1101, et seq., as amended, and in connection therewith, shall not employ “unauthorized aliens” as that term is defined in 8 U.S.C.A. Section 1324a(h)(3). Should Contractor so employ such individuals for the performance of any work and/or services covered by the Contract, and should any liability or sanctions be imposed against District for such employment, Contractor hereby agrees to and shall reimburse District for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by District.

22. State Review and Audit of Records. In accordance with Government

Code Section 8546.7, the State has the right to examine, review, audit and/or copy any books, records, and files related to a contract involving an expenditure of funds in excess of ten thousand dollars ($10,000.00) for a period of three (3) years after final payment under the contract. Therefore, Contractor shall preserve and retain all Contract records, including, but not limited, to the Contract Documents, books, invoices, etc., for a period of three (3) years after the final payment under the Contract, or if an examination, review or audit has commenced but not completed within such three (3)-year period, then Contractor shall retain the records until such examination, review or audit has been completed. Contractor shall cooperate in and comply with any such examination, review or audit by promptly making records available at all reasonable times for the purposes set forth herein, and taking all such other actions reasonably required in furtherance of the purposes set forth herein. To the maximum extent permitted by applicable law, Contractor shall be liable for any damages suffered by District due to Contractor’s failure to comply with this subparagraph.


23. Student Data and Privacy Laws. Contractor shall comply with any and all applicable student data and privacy laws, including, but not limited to, the Family Educational Rights and Privacy Act (20 USC §§ 1232g, et seq., and 34 CFR §§ 99, et seq.) (“FERPA”); the Children’s Online Privacy Protection Act (15 USC §§ 6501, et seq.) (“COPPA”); the Protection of Pupil Rights Amendment (20 USC §§ 1232h, et seq.) (“PPRA”); AB 1584 (Education Code § 49073.1); and the Student Online Personal Information Protection Act (Business and Professions Code § 22584).

24. Compliance with Laws. Contractor shall comply all applicable laws,

statutes, regulations, ordinances and restrictions related to this contract and the services provided under this RFP and assumes all responsibility and liability for the failure by Contractor, its employees and agents to comply with all such applicable laws.

25. Provisions Required By Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in the Contract shall be deemed to be inserted herein, and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction.

END OF GENERAL CONDITIONS


EXHIBITS

[the following exhibits are forms that

must submitted by respondents as part of their proposals]


EXHIBIT A: QUALIFICATION FORM

Project Owner: Conejo Valley Unified School District Project Name: ISP Services Project Number: 0455-19A.5b

Respondents shall furnish the following information accurately and completely. Use the space provided on this form to answer questions. Additional sheets may be attached if necessary. “You” or “your” as used in this questionnaire refers to the respondent’s firm and any of its owners, officers, directors, shareholders, parties, and principals. District has discretion to request additional information. WARNING: Failure to fully complete this Qualification Form may result in rejection of any proposal submitted. Insert “n/a” or “not applicable” as appropriate. Additionally, certain information may lead to a determination of non-responsibility and rejection of the proposal. SECTION A: BASIC INFORMATION

1. Firm’s Official Business Name:

Firm’s DBA, if any:

2. Physical Address:

Mailing Address:

3. Firm’s Main Telephone Number:

Firm’s Main Facsimile Number:

4. Firm’s Website Address:

5. Type of Entity (check one box):

Corporation Partnership Limited Liability Company

Sole Proprietorship Other (describe):

State of formation: Date of formation:

6. Firm offices.

a. Is your firm local, regional, national or international?

b. If your firm has multiple office locations, please list which office is the corporate headquarters:

c. If your firm has multiple office locations, please list which office will dispatch service providers to the District:

7. Is your firm a subsidiary, parent, holding company or affiliate of another company (i.e., one firm owns 50% or more of another company)? Yes No.

If yes, please provide the following information:

Company Name: Address:


SECTION B: LICENSING, REGISTRATION & RELATED INFORMATION

8. Is your firm licensed in the State of California to provide the service you are proposing?

Yes No

a. If yes, please provide the following additional information:

License Name Holder: License No.: Expiration Date:

b. If no, please provide the following additional information for each subcontractor who is licensed to perform the service you are proposing. Attach additional pages as necessary.




9. Has your firm or any of its principals ever conducted similar services under a different name, license, or certification?

Yes No.

If yes, please provide the following information:

Other firm name Approximate Dates of Use

10. Does your firm currently have a Service Provider Identification Number (SPIN)?

Yes No

If yes, please provide the following additional information:

a. SPIN associated with your proposed service:

b. Date your last Form 473 Service Provider Annual Certification (SPAC) was approved:

11. Is your firm approved by the CPUC to participate in the California Teleconnect Fund (CTF) Program?

Yes No

If yes, please provide the following additional information:

a. Your CPUC registration number:

b. Will you be seeking reimbursement from the CPUC for the eligible CTF portion(s) of the service you are proposing? Yes No


12. At any time during the last 5 years, have any of your firm’s licenses, permits or regulatory approvals been revoked, terminated or suspended?

Yes No

If yes, please explain:

SECTION C: FIRM SERVICE HISTORY

13. How many years of experience does your firm have in providing services similar to those contemplated in this RFP?

14. Number of customers. (Respondents may be asked to provide a complete list of references to confirm these numbers.)

i. Total number of customers that you have provided the same type of proposed services (not using subcontractors) in the last 5 years.

ii. Total number of customers that you have provided the same type of proposed services (not using subcontractors) in the education market in the last 5 years.

15. Has your firm ever provided services to the District?

Yes No.

If yes, specify contract dates: contract type:

16. For the services contemplated in this RFP, please summarize your firm’s capacity for ensuring network security, reliability, redundancy and fault tolerance.

17. For the services contemplated in this RFP, please indicate whether you have designated account representatives for implementation coordination, account maintenance, trouble shooting and problem solving. If yes, please summarize. If no, please explain how these matters are handled by your firm.


18. Describe the firm’s mission with respect to providing services to public agencies:

SECTION D: FIRM FINANCIAL & INSURANCE INFORMATION

19. Has your firm ever received a notice of suspension, forfeiture, lien or levy from the California Secretary of State, the California Franchise Tax Board, the Employment Development Department, the IRS or any other governmental authority?

Yes No


20. At any time during the last 10 years, has your firm been a debtor in a voluntary or involuntary bankruptcy case, or assigned any of its assets for a creditor’s benefit?

Yes No


21. At any time during the last 10 years, has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm?

Yes No


22. Is your firm’s insurance deductible equal to or greater than $100,000? (If yes, then the District reserves the right to request proof of funds to pay the deductible.)

Yes No

23. Has your firm exhausted its insurance limits or is your firm within $500,000 of exhausting its insurance limits?

Yes No

24. Has a surety company ever denied bond credit to your firm or has your firm ever been without a surety bond even though one was required?

Yes No

25. At any time during the last five years, has a surety firm completed a contract on your behalf or paid for completion because your firm defaulted or was terminated?

Yes No


SECTION E: FIRM DISPUTE HISTORY

26. Has your firm ever requested to withdraw or be released from a public agency bid?

Yes No

27. In the last 10 years, have you or any of your principals been in litigation, arbitration, mediation or another dispute relating to a publicly funded project (e.g., a project involving any public agency)? Include principals' association outside of the firm bidding this project.

Yes No

If yes, please provide the public agency’s name, approximate dates and summary of the dispute(s).

28. In the last 10 years, have you or any of your principals ever failed to complete a project? Include principals' association outside of the firm bidding this project.

Yes No

If yes, please provide the owner’s name, approximate dates and summary of the situation.

29. In the last 10 years, have you or any of your principals ever been placed under a “Red Light” restriction by the Federal Communications Commission (FCC) and/or the Universal Services Administrative Company (USAC)? Include principals' association outside of the firm bidding this project.

Yes No

If yes, please provide the owner’s name, approximate dates and summary of the situation.

30. Has your firm or any of its principals ever been found liable in a civil lawsuit or guilty in a criminal lawsuit for making a false claim or material representation to a public agency, or otherwise been found liable or guilty for fraud, theft or any other act of dishonesty?

Yes No

END OF QUALIFICATION FORM


EXHIBIT B: PROJECT LIST

Project Owner: Conejo Valley Unified School District Project Name: ISP Services Project Number: 0455-19A.5b Provide the below requested information for five (5) E-rate projects your firm has completed in the last five years that come closest to matching the scope of this RFP. If your firm has not completed five (5) E-rate projects within the last five years, then supplement your E-rate project list with “educational market” projects completed in the last five years. You must provide information for at least five (5) projects. You may include additional documentation. All contact information must be current and verifiable. 1. Project Name:

Client Name:

Client’s Business Address: Client Contact (Name and Title): Contact’s Telephone Number: Contact’s Email Address: Description of Project/Services: Project Start Date: Project End Date:

2. Project Name:

Client Name: Client’s Business Address: Client Contact (Name and Title): Contact’s Telephone Number: Contact’s Email Address: Description of Project/Services: Project Start Date: Project End Date:


3. Project Name: Client Name: Client’s Business Address: Client Contact (Name and Title): Contact’s Telephone Number: Contact’s Email Address: Description of Project/Services: Project Start Date: Project End Date:




EXHIBIT C: CERTIFICATION REGARDING IRAN CONTRACTING ACT


The undersigned hereby certifies to District, subject to penalty for perjury pursuant to the

laws of the State of California, that all of the following is true and correct:

1. I am a duly-authorized representative of the respondent. As such, I have the full power to execute, and I hereby do execute, this certification on behalf of the respondent.

2. The appropriate box is checked immediately below and the statement relating to the respondent’s status in regard to the Iran Contracting Act of 2010 (PCC Code Sections 2200, et seq.) following such box is true and correct with respect to the respondent. (Check only one box.)

The respondent is not: identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with PCC Section 2203(b); or a financial institution that extends, for forty-five (45) days or more, credit in the amount of twenty million dollars ($20,000,000.00) or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with PCC Section 2203(b), if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.

District has exempted the respondent from the requirements of the

Iran Contracting Act of 2010 after making a public finding that, absent the exemption, District will be unable to obtain the goods and or services to be provided pursuant to the Contract.

The maximum total amount payable to the respondent in

connection with the Contract, as of the date of this certification, does not exceed one million dollars ($1,000,000.00).

3. The respondent is aware and acknowledges that in accordance with PCC Section 2205, false certification of this form may result in civil penalties equal to the greater of two hundred fifty thousand dollars ($250,000.00) or twice the Contract amount, termination of the Contract, and/or ineligibility to bid on contracts for three (3) years.

Name of Bidder

Signature of Bidder’s Authorized Representative

Typed or Printed Name and Title of Bidder’s Authorized Representative

Date


EXHIBIT D: CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR OTHER INELIGIBILITY (FEDERAL EXECUTIVE ORDER 12549)


By executing this document, respondent certifies to the best of its knowledge and

belief that it and its principals:

A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;

B. Have not, within a three (3)-year period preceding the execution of this

contractual instrument, been convicted of, or had a civil judgment rendered against them, for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction (federal, State or local) or contract under a public transaction; or violation of federal or State antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

C. Are not presently indicted for, or otherwise criminally or civilly charged

by any government entity (federal, State or local), with commission of any of the offenses enumerated in Section B above; and

D. Have not, within a three (3)-year period preceding the execution of this

contractual instrument, had one or more public transactions (federal, State or local) terminated for cause or default.

Firm Name

Signature of Firm’s Authorized Representative

Typed or Printed Name of Authorized Representative

Title of Authorized Representative

Date


EXHIBIT E: NON-COLLUSION DECLARATION Project Owner: Conejo Valley Unified School District Project Name: ISP Services Project Number: 0455-19A.5b

The undersigned hereby declares:

I am the (title) of (name of firm), the party submitting the foregoing proposal. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or a sham. The respondent has not directly or indirectly induced or solicited any other respondent to put in a false or sham bid. The respondent has not directly or indirectly colluded, conspired, connived, or agreed with any respondent or anyone else to put in a sham bid, or to refrain from bidding. The respondent has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the respondent or any other respondent, or to fix any overhead, profit, or cost element of the bid price, or that of any other respondent. All statements contained in the bid are true. The respondent has not, directly or indirectly, submitted the bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a respondent that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the respondent. I declare under penalty of perjury pursuant to the laws of the State of California that the foregoing is true and correct, and that this declaration is executed on , 20__, at (city), (state).

Firm Name

Signature of Authorized Representative

Typed or Printed Name of Authorized Representative

Title of Authorized Representative


EXHIBIT F: GENERAL ACKNOWLEDGEMENT FORM


THE FOLLOWING DOCUMENTS SHALL BE SUBMITTED WITH PROPOSAL:

1. PROPOSAL NARRATIVE 2. EXH. A: QUALIFICATIONS FORM 3. EXH. B: PROJECT LIST 4. EXH. C: CERTIFICATION REGARDING IRAN CONTRACTING ACT 5. EXH. D: CERTIFICATION REGARDING DEBARMENT 6. EXH. E: NON-COLLUSION FORM 7. EXH. F: GENERAL ACKNOWLEDGEMENT FORM

Pursuant to and in compliance with the published RFP and related documents, the undersigned respondent, being familiarized with the terms of the RFP, the conditions affecting the performance of the RFP, the cost of the work at the place where the work is to be done, and other documents, proposes and agrees to perform, within the time stipulated, including all of its required services, and everything required to be performed, and to provide and furnish any and all of the professional services, applicable taxes, utility, and transportation services necessary to perform the requested contract and complete in a workmanlike manner all of the work required in connection with the RFP Documents, including Addendum No.’s _______, ______, _______, ______, _______, ______, ______. [Copies of Addenda are obtainable at the office of the owners’ representative (Infinity Communications).] Respondent agrees that pricing provided within its proposal is true and correct.

Respondent understands that its proposal cannot be withdrawn for a period of ninety (90) days from the Proposal Deadline.

Respondent has carefully examined the RFP and related documents and acknowledges their sufficiency.

Respondent understands and agrees that, if awarded the contract, respondent shall commence the work on the date to be stated in District’s notification and that the scope of work for the contract shall be completed in accordance with the RFP.

NAME OF COMPANY:

AUTHORIZED CONTACT / BID PREPARER / SALES REPRESENTATIVE:

BUSINESS ADDRESS:

(TYPE OR PRINT)

TELEPHONE: EMAIL:

BY:

(SIGNATURE IN INK) (TYPE OR PRINT NAME OF TITLE AND SIGNATURE)

E-RATE SERVICE PROVIDER IDENTIFICATION NUMBER (SPIN) #____________________ DATE ______________________


EXHIBIT I: FORM OF FINAL CONTRACT

AGREEMENT This Agreement (this “Agreement”) is entered into as of the below-referenced

Effective Date, by and between Conejo Valley Unified School District, a California public school district (“District”), and the below-referenced Contractor, with regard to the below-referenced RFP Package for the below-referenced Contract Price. District and Contractor are sometimes individually referred to herein as a “Party” and sometimes collectively referred to herein as the “Parties.”

Effective Date: , 20 Contractor: RFP: RFP No. 0455-19A.5b – ISP Services Contract Price: $ (in numbers) (in words)

RECITALS

WHEREAS, District is a public school district located in the County of Ventura (the “County”) and the State of California (the “State); and

WHEREAS, District requires certain wide area network services as set forth in the

above referenced RFP and Contractor was awarded the proposal for the services contemplated under the RFP; and

WHEREAS, in other parts of the Contract Documents, Contractor may be referred

to as the “respondent;”

NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows.

1. Definitions. All terms with initial capital letters used herein but

not otherwise defined shall have the meaning set forth in the RFP.

2. Scope of Work. Contractor shall furnish all labor, materials, equipment, tools, utilities, temporary facilities, goods and services necessary for full completion of all the services set forth in the RFP, including, but not limited to, the Specifications (the “Work”). Contractor shall perform the Work in accordance with the RFP, including all Contract Documents.

3. Component Parts of the Contract. This Agreement is but one part of the Contract that sets forth the complete understanding and agreement of District and Contractor with respect to the performance of the Work. The Contract is composed of all of the Contract Documents, each of which may be amended in accordance with their provisions, and each of which is incorporated herein by reference and shall be construed as operative and effective parts of the Contract. The Contract Documents shall be


deemed and construed to be complementary and an integrated whole. Any requirement or provision set forth in one Contract Document, but not in one or more of the other Contract Documents, shall be interpreted as if set forth in or applicable to all Contract Documents. The Contract Documents include, but are not limited to, all of the following:

a. Notice Inviting Proposals; b. Instructions; c. Specifications; d. General Conditions; e. Required Proposal Forms; f. Any and all required contract forms; g. This Agreement; h. All Addenda to the RFP; i. Notice of Award; and j. Notice to Proceed.

4. Contract Term. The initial term of the Contract shall be from

[insert date] to [insert date] (the “Initial Term”). Notwithstanding the foregoing, Contractor shall not commence the Work until District issues a Notice to Proceed. The Parties may agree in writing to extend for an additional one-year or two-year period (the “Extended Term”); provided, however, that on or before [insert date], the Parties shall meet and confer, and make a final determination as to whether to extend the Contract, and further provided that any Extended Term shall be on the same terms and conditions set forth in the Contract.

5. Contract Price. As full consideration for the full and faithful performance by Contractor of each and all of its obligations pursuant to the Contract, District shall pay to Contractor the Contract Price. The Contract Price is subject to increase and/or decrease as provided in the Contract Documents. District shall pay the Contract Price to Contractor in accordance with the General Conditions.

6. Due Authority of Signatories. Each person signing this Agreement on behalf of the Parties represents and warrants that he or she has been duly authorized by such Party to sign, and thereby bind such Party to this Agreement and the Contract.

7. Termination of Contract. The Contract, including this Agreement, may be terminated only in accordance with the RFP.

8. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature page of any counterpart may be detached therefrom without impairing the legal effect of the signatures thereon provided such signature page is attached to any other counterpart identical thereto except having additional signature pages executed by the other Party. Counterparts may be delivered by facsimile or email provided that original executed counterparts are delivered to the recipient on the next business day following the facsimile or email transmission.


IN WITNESS WHEREOF, the Parties have executed this Agreement by and

through signature of their respective duly authorized representatives as of the Effective Date.

“Contractor”

,

[Company Name, form of business entity and state of formation]

By: Authorized Representative’s Signature

Authorized Representative’s Printed/Typed Name and Title

“District”

Conejo Valley Unified School District, a California public school district

By:

Authorized Representative’s Signature

Authorized Representative’s Printed/Typed Name and Title

End of RFP

REQUEST FOR PROPOSALS FOR ISP SERVICES CONEJO VALLEY … · 2019-12-14 · CONEJO VALLEY UNIFIED...

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Transcript of REQUEST FOR PROPOSALS FOR ISP SERVICES CONEJO VALLEY … · 2019-12-14 · CONEJO VALLEY UNIFIED...