Board of Education of the Fontana Unified School District will receive sealed bids for Custodial Supplies and Equipment, under Bid No. 26/27-0004 in accordance with the attached specifications, through the Procurement Portal at https://procurement.opengov.com/portal/fusd, no later than 2:00 pm on Wednesday, July 22, 2026.
Fontana Unified School District (FUSD) is a public K-12 school district located in San Bernardino County, California. The District serves a diverse population of approximately 32,000 students across 45 school sites, including elementary, middle, and high schools. FUSD is the second-largest school district in San Bernardino County and is committed to providing equitable access to high-quality education and technology for all students. For additional information on the District, vendors are recommended to visit the District's website at www.fusd.net.
- REQUIRED QUALIFICATION —
Bidder must have an online order system. Orders will be placed online.
- Fontana Unified School District Sites —
FUSD Elementary Schools |
Name | Address |
Almond Elementary | 8172 Almond Avenue, Fontana, CA 92335 |
Beech Avenue Elementary | 9206 Beech Avenue, Fontana, CA 92335 |
Canyon Crest Elementary | 11851 Cherry Avenue, Fontana, CA 92337 |
Chaparral Academy of Technology | 14000 Shadow Drive, Fontana, CA 92337 |
Citrus Elementary | 16041 Randall Avenue, Fontana, CA 92335 |
Cypress Elementary | 9751 Cypress Ave., Fontana, CA, 92335 |
Date Elementary | 9011 Oleander Avenue, Fontana, CA 92335 |
Dolores Huerta International Academy | 17777 Merrill Avenue, Fontana, CA 92335 |
Dororthy Grant Innovations Academy | 7069 Isabel Lane, Fontana, CA 92336 |
Hemlock Elementary | 15080 Miller Avenue, Fontana, CA 92336 |
Juniper Elementary | 7655 Juniper Avenue, Fontana, CA 92336 |
Kathy Binks Elementary | 7358 Cypress Avenue, Fontana, CA 92336 |
Live Oak Elementary | 9522 Live Oak Avenue, Fontana, CA, 92335 |
Locust Elementary | 7420 Locust Avenue, Fontana, CA, 92336 |
Mango Elementary | 7450 Mango Avenue, Fontana, CA 92336 |
Maple Elementary | 751 S. Maple Avenue, Fontana, CA 92335 |
North Tamarind Elementary | 7961 Tamarind Avenue, Fontana, CA 92336 |
Oak Park Elementary | 14200 Live Oak Avenue, Fontana, CA 92337 |
O'Day Short Elementary | 16613 Randall Avenue, Fontana, CA 92335 |
Oleander Elementary | 8650 Oleander Avenue, Fontana, CA 92335 |
Palmetto Elementary | 9325 Palmetto Avenue, Fontana, CA, 92335 |
Poplar Elementary | 9937 Poplar Avenue, Fontana, CA 92335 |
Redwood Elementary | 8570 Redwood Avenue, Fontana, CA 92335 |
Shadow Hills Elementary | 14300 Shadow Drive, Fontana, CA 92337 |
Sierra Lakes Elementary | 5740 Avenal Pl., Fontana, CA 92336 |
South Tamarind Elementary | 8561 Tamarind Avenue, Fontana, CA 92335 |
Ted J. Porter Elementary | 8330 Locust Avenue, Fontana, CA 92335 |
Tokay Elementary | 7846 Tokay Avenue, Fontana, CA 92336 |
Virginia Primrose Elementary | 751 N. Maple Avenue, Fontana, CA 92336 |
West Randall Elementary | 15620 Randall Avenue, Fontana, CA 92335 |
FUSD Middle Schools |
Name | Address |
Alder Middle School | 7555 Alder Avenue, Fontana, CA 92336 |
Almeria Middle School | 7723 Almeria Avenue, Fontana, CA 92336 |
Fontana Middle School | 8425 Mango Avenue, Fontana, CA 92335 |
Harry S. Truman Middle School | 16224 Mallory Drive, Fontana, CA 92335 |
Sequioa Middle School | 9452 Hemlock Avenue, Fontana, CA 92335 |
Southridge Tech Middle School | 14500 Live Oak Avenue, Fontana, CA 92337 |
Wayne Ruble Middle School | 6762 Juniper Avenue, Fontana, CA 92336 |
FUSD High Schools |
Name | Address |
A.B Miller High School | 6821 Oleander Avenue, Fontana, CA 92336 |
Fontana High School | 9453 Citrus Avenue, Fontana, CA 92335 |
Henry J. Kaiser High School | 11155 Almond Avenue, Fontana, CA 92337 |
Jurupa Hills High School | 10700 Oleander Avenue, Fontana, CA 92335 |
Oak Grove Preparatory Academy | 5124 Oak Grove Ave. Fontana, 92336 |
Summit High School | 15551 Summit Avenue, Fontana, CA 92336 |
FUSD Alternative School |
Name | Address |
Eric Birch High School | 10760 Cypress Avenue, Fontana, CA 92335 |
FUSD Adult School |
Name | Address |
Fontana Adult School | 10755 Oleander Avenue, Fontana, CA 92337 |
FUSD Offices |
Name | Address |
FUSD FMOT Complex | 9851 Catawba Avenue, Fontana, CA 92335 |
FUSD Office Complex | 9680 Citrus Avenue, Fontana, CA 92335 |
FUSD Warehouse | 8426 Mango Avenue, Fontana, CA 92335 |
*The district may add, remove, and/or rename sites related to school closures, unforeseen circumstances, and the construction or addition of new school buildings or sites; or renaming.
ACCESS TO SCHOOL SITES AND DEPARTMENTS (only if delivery is indicated direct to the sites)
Contractor is required to sign out and return school master keys from the Fontana School Police Department each day unless pre-approved to check out keys for a longer duration of time. Contractor must also notify School Police at (909) 357-5000 ext. 29060 when leaving any school site or District building after hours.
- REQUIRED QUALIFICATION —
Bidder must have an online order system. Orders will be placed online.
- SUBMITTING BIDS —
Each bid must be summitted through the Procurement Portal at https://procurement.opengov.com/portal/fusd by the time prescribed in the bid.
- District Map —
- RESPONSIBILITY —
All bids shall be signed with the firm's name and by a responsible officer or employee.
- SUBSTITUTIONS FOR BID SPECIFIED ITEMS —
Whenever these specifications reference a product by brand name, trade name, proprietary designation, or manufacturer, such reference is intended solely to establish the minimum quality, standard, or performance level required and shall be interpreted to include the phrase “or equal.”
Bidders may propose equal or alternative products; however, bidders must clearly identify such substitutions and submit complete product documentation for each equal/alternate item proposed. Required documentation shall include, at a minimum:
- Manufacturer’s product specifications sheets
- Equipment only, include warranty
Any bidder requesting a substitution shall provide any and all documents, samples, performance data, calculations, and other information as may be required to assist the District in determining whether the proposed substitution is acceptable. The burden of establishing these facts shall be upon the bidder. Requests for substitution (“or equal”) products must be submitted through the Question & Answer (Q&A) section of the e-procurement portal no later than the stated RFI deadline. Requests submitted after this deadline will not be considered.
After the District’s timely receipt of such required substitution evidence from bidder, the District will make its final decision as to whether the bidder’s request for substitution for any Specified Item will be granted. The District shall have sole discretion in deciding as to whether a proposed request for substitution is equal to or better than a Specified Item.
Any request for substitution which is granted by the District shall be issued via an addendum to all bidders. The District may condition its approval of any substitution upon delivery to the District of assurances of adequate performance of the substitution. Any and all risks of delay due to the substitution shall be on the bidder.
DO NOT SEND SAMPLES UNLESS REQUESTED, if requested must be submitted to:
Fontana Unified School District
Purchasing Department Bldg 30
9680 Citrus Avenue
Fontana, CA 92335
Samples must be submitted free of charge. Samples must be clearly marked as to which bidder they belong to. Submit only 1 sample unit, not a case. All packages containing samples must be clearly labeled “SAMPLES–26/27-0004 Custodial Supplies and Equipment" and each sample clearly identified as to the bid and item numbers under which it is to be considered. Samples which do not comply with these instructions may not be considered for award. All samples become the property of Fontana Unified School District unless otherwise agreed between the District and the bidder. Bidder shall bear all costs of sample submittals.
- SUBSTITUTIONS FOR BID SPECIFIED ITEMS —
Whenever in these specifications any equipment or material is indicated or specified by patent or proprietary name or by the name of a manufacturer, such specifications shall be deemed to be used for the purpose of facilitating description of the equipment or materials desired and shall be deemed to be followed by the words "or equal.” Bidders may propose equipment or materials equal to those specified herein, but must furnish complete specifications of each item, along with a point-by-point comparative data, and, if requested to do so, provide a sample of the item proposed within five days of request at no cost or obligation to the District for the purposes of testing and evaluation. The District will notify bidder whether the requested substitution has been approved as an "or equal" to the specified equipment or material. If not consumed or destroyed in such testing, the sample will be returned to the vendor. Substitution of equipment/supplies after the award will not be permitted. The district shall have full power and authority to reject any and all items furnished which, in their opinion, are not in strict compliance and conformity with the requirements of the specifications or equal in every respect to the sample submitted. All articles so rejected shall be promptly removed from the premises of the District at the expense of the bidder. Non-compliance with this condition will cause the item to not be considered for award. Bidder shall bear all costs of sample submittals.
- School Site Name Changes —
The following schools may be referred to as their previous names as stated below:
Chaparral Academy of Technology, previously Chaparral Elementary School
Dorothy Grant Innovations Academy, previously Dorothy Grant Elementary School
O'Day Short Elementary School, previously Randal Pepper Elementary School
Southridge Tech Middle School, previously Southridge Middle School
Eric Birch Continuation High School, previously Citrus Continuation High School
(Birch & Citrus combined schools)
- PRICING / BID FORM —
Bid Form MUST be typewritten and signed, in ink, by the bidder. The Bid Form is available in “Excel” format on the District’s website at www.fusd.net/bids. Bidder MUST indicate the brand name and product number for each item, even if bidding “as specified”. Items bid without brand name and product number specified will not be considered. Items listed must be new, no gray market or refurbished product
will be accepted. Bidder shall provide origin of purchase upon District’s request. Prices must reflect the unit of measure indicated on the Bid Form.
Prices quoted shall be net, including shipping/delivery costs, warranties, all trade discounts, and must be held firm through June 30, 2024. Sales tax shall not be included in bidder's quotation, as required sales tax is paid by the District. All costs for delivery, drayage, insurance, freight, fuel, or the packing of said items are to be borne by the bidder.
- MODIFICATIONS —
Any changes, additions, or alterations to the bid form or other bid documents that are not expressly requested in these bid instructions may render the bid non-responsive and subject to rejection, as not being responsive to the Notice of Inviting Bids. No oral, telephonic, telegraphic, or facsimile bids or modifications will be considered.
- QUANTITY —
The quantities indicated on the Bid Form are good faith projections of need and are given for the purpose of bid evaluation. The estimated quantities do not indicate the precise quantity which will be ordered and may increase/decrease, without prior notification, depending on budgetary allocations and/or need. There will be no minimum order requirements for any items listed on this bid. Bidders shall not specify minimum or maximum quantities or charges for specific order types. The quantities specified herein are good faith projections of requirements and are given for the purpose of bid evaluation. The estimated quantities listed on the Bid Form do not indicate the precise quantity that will be ordered and may increase/decrease depending on budgetary allocations. A District purchase order/s will be issued during the contract period
based on District needs. Unit prices shall be held firm through June 30, 2027.
The District shall not be obligated to purchase or reimburse the awarded bidder for any inventory of products, should purchases vary from the anticipated purchase patterns or if agreement expires or is terminated.
- QUANTITY —
The quantities indicated on the Bid Form are good faith projections of need and are given for the purpose of bid evaluation. The estimated quantities do not indicate the precise quantity which will be ordered and may increase/decrease, without prior notification, depending on budgetary allocations and/or need. There will be no minimum order requirements for any items listed on this bid. Bidders shall not specify minimum or maximum quantities or charges for specific order types. The quantities specified herein are good faith projections of requirements and are given for the purpose of bid evaluation. The estimated quantities listed on the Bid Form do not indicate the precise quantity that will be ordered and may increase/decrease depending on budgetary allocations. A District purchase order/s will be issued during the contract period
based on District needs. Unit prices shall be held firm through June 30, 2024.
The District shall not be obligated to purchase or reimburse the awarded bidder for any inventory of products, should purchases vary from the anticipated purchase patterns or if agreement expires or is terminated.
- SIGNATURE —
All uploaded documents included in bid documents to be submitted with bid must be signed in permanent ink in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid. Any bid submitted without a signature will be deemed non-responsive and will be rejected.
- ACCEPTANCE —
Bid on each item separately. Prices shall be stated in units specified. The Board will not be responsible for errors in extensions. The right is reserved to reject any or all bids; to waive any irregularities or informalities in any bid or in the bidding; and to accept or reject any items in the bid. No bidder may withdraw his/her bid for a period of sixty (60) days after the date set for opening thereof.
- FUEL SURCHARGES —
Absolutely no fuel charges will be accepted under this contact and the addition of such charges shall not be permitted during the period of the term of this contract.
- FUEL SURCHARGES —
Absolutely no fuel charges will be accepted under this contact and the addition of such charges shall not be permitted during the period of the term of this contract.
- ADDENDA —
The District reserves the right to issue addenda to the bid solicitation at any time prior to the date and time of the public bid opening. Addenda, if issued, will be issued through the Procurement Portal at https://procurement.opengov.com/portal/fusd. It will be the responsibility of the bidder to ensure receipt and acknowledgement of any addenda issued. All addenda shall become part of the contract documents.
- ERRORS AND OMISSIONS —
It shall be the responsibility of the bidder to acquaint him/herself with the contract documents before submitting a bid, and the bidder shall assume full liability for any errors or omissions in their bid.
- ERRORS AND OMISSIONS —
It shall be the responsibility of the bidder to acquaint him/herself with the contract documents before submitting a bid, and the bidder shall assume full liability for any errors or omissions in their bid.
- BID SECURITY —
Bid bond/security is not required for this solicitation.
- BID CALCULATION ERRORS —
In the event there is a discrepancy between the extended amounts and the unit prices bid, the unit prices shall prevail, and the corrected sum will be considered the bid price.
- BID CALCULATION ERRORS —
In the event there is a discrepancy between the extended amounts and the unit prices bid, the unit prices shall prevail, and the corrected sum will be considered the bid price.
- DELIVERY —
Prompt delivery is of the essence. Direct delivery shall be made to the specified site listed on the purchase order and/or order form. Please refer to Exhibit A - Delivery / Drop Off Locations list of delivery locations in the "Attachements".
Deliveries shall be made Monday through Friday (excluding holidays) between 8:00 a.m. - 10:00 a.m., to the specified location on an as-needed basis within 72 hours of receipt of order. Shipments are to be accompanied by a packing slip containing bid pricing, purchase order number, and site name; if needed palletized, load locked, glued, and/or shrink wrapped. The purchase order number shall appear on all cases and packages. Damaged cases or packages may be rejected and returned for credit or immediate replacement, at no cost to the District for product or freight. Price quoted shall be F.O.B. destination.
- TIE BIDS —
If two identical low bids are received from responsive and responsible bidders, the District will determine which bid will be accepted pursuant to California Public Contract Code Section 20117.
- DELIVERY —
Prompt delivery is of the essence. Direct delivery shall be made to the specified site listed on the purchase order and/or order form. Please refer to Exhibit A - Delivery / Drop Off Locations list of delivery locations.
Deliveries shall be made Monday through Friday (excluding holidays) between 8:00 a.m. - 10:00 a.m., to the specified location on an as-needed basis within 72 hours of receipt of order. Shipments are to be accompanied by a packing slip containing bid pricing, purchase order number, and site name; if needed palletized, load locked, glued, and/or shrink wrapped. The purchase order number shall appear on all cases and packages. Damaged cases or packages may be rejected and returned for credit or
immediate replacement, at no cost to the District for product or freight. Price quoted shall be F.O.B. destination.
- BID PROTEST PROCEDURE —
Any bid protest by any bidder regarding any other bid must be submitted in writing to: Sr. Director of Purchasing, Shamica R. Nance at shamica.nance@fusd.net, not more than five (5) calendar days after receipt of written notice of the District’s intent to award to another bidder and must meet the following requirements:
- The protest must contain a complete statement of any and all basis for the protest.
- The protest must refer to the specific portions of all documents that form the basis for the protest.
- The protest must include the name, address, email and telephone number of the person representing the protesting party.
The procedure and time limits set forth in this section are mandatory and are each bidder's sole and exclusively remedy in the event of bid protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code claim, any administrative remedies or legal proceedings.
- MATERIAL SAFETY DATA —
For all products requiring a Material Safety Data Sheet – The District requires that a Material Safety Data Sheet accompany all orders at the time of delivery.
The successful bidder must comply with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material. For purposes of Federal regulations, Hazardous Material, includes any material defined as hazardous under the latest version of Federal Standard No.313 (including revisions adopted during the term of the contract). The successful bidder agrees to submit, for each item. A Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No.313, for all hazardous material. Data shall be submitted in accordance with Federal Standard No.313, whether or not the successful bidder is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet may result in the rejection of the proposal.
Further, the successful bidder agrees the hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet. This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under the contract is hazardous.
If after award, there is a change in the composition of the item(s) or a revision to Federal Standard No.313, which renders incomplete or inaccurate the data submitted as a part of the proposal, then the Contractor shall promptly notify the District and resubmit the data.
The District may duplicate the data provided and use it as it deems necessary.
- MATERIAL SAFETY DATA SHEETS —
For all products requiring a Material Safety Data Sheet – The District requires that a Material Safety Data Sheet accompany all orders at the time of delivery.
- ADDITIONAL ITEMS —
The District reserves the right to add items to the contract during the contract period. Prices for additional items will be negotiated.
- ADDITIONAL ITEMS —
The District reserves the right to add items to the contract during the contract period. Prices for additional items will be negotiated.
- SUBSTITUTIONS —
Use of patent or proprietary names or the names of manufacturers in these specifications shall be deemed to be used for the purpose of facilitating a description and shall be deemed to be followed by the words “or equal” unless the proposal specifically requires no substitutions. When submitting proposals on items other than those specified, the proposer must state on the proposal the pack size and/or description on each item bid other than “as specified”. At the Districts request, the proposer shall furnish samples and/or full descriptive information covering the product within five (5) business days of request.
- AWARD OF CONTRACT —
The District reserves the right to award by individual line item, group of items or all items, and to make an award either in whole or in part, whichever is deemed in the best interest of the District. A successful bid must deliver the items within the required delivery schedule in order to be declared responsive to this bid. The District further reserves the right to reject any or all bids, to waive any irregularities or informalities in
any bid or in the bidding and to increase or decrease quantities as necessary without prior notification. The District makes no representation that participation in the bid process will lead to an award of contract, or any consideration whatsoever. The District shall, in no event, be responsible for the cost of preparing any bid in response to this solicitation. The awarding of the goods and/or services contract, if at all, is at the sole
discretion of the District.
- AWARD OF CONTRACT —
The District reserves the right to award by individual line item, group of items or all items, and to make an award either in whole or in part, whichever is deemed in the best interest of the District. A successful bid must deliver the items within the required delivery schedule in order to be declared responsive to this bid. The District further reserves the right to reject any or all bids, to waive any irregularities or informalities in
any bid or in the bidding and to increase or decrease quantities as necessary without prior notification. The District makes no representation that participation in the bid process will lead to an award of contract, or any consideration whatsoever. The District shall, in no event, be responsible for the cost of preparing any bid in response to this solicitation. The awarding of the goods and/or services contract, if at all, is at the sole
discretion of the District.
- QUALITY —
All workmanship, materials, and articles incorporated in the items covered by this specification shall be of the best available grade of their respective kinds for the purpose for which the items are to be used. All equipment shall be new unless otherwise specified.
- CONTRACT DOCUMENTS —
The complete contract will include the Notice Inviting Bids, General Bid Instructions and Conditions, Special Conditions, the bid of the bidder/vendor, Vendor Questionnaire, References, & Forms, any bid attachments, its acceptance by the District, and the Purchase Order(s) issued by the District, any of which shall be interpreted to include all provisions of the other documents as though fully set forth therein.
- WARRANTY —
Items delivered under this contract will have standard warranty, including full parts, labor to repair (if needed). Unless otherwise specified, warranty “period of time” should commence after receipt of item/material by the District. The successful bidder will be solely responsible for handling all warranty claims.
- CONTRACT DOCUMENTS —
The complete contract will include the Notice Inviting Bids, General Bid Instructions and Conditions, Special Conditions, the bid of the bidder/vendor, its acceptance by the District, and the Purchase Order(s) issued by the District, any of which shall be interpreted to include all provisions of the other documents as though fully set forth therein.
- SAMPLES AND TESTING —
Samples of items, when required, shall be furnished free of expense to the District, and may be retained by the District for the purpose of comparing against material delivered by the apparent low bidder, and if not destroyed by tests will, upon request, be returned at bidder’s expense. The final decision as to whether the material or product is the equal to that specified shall be made by the District. In all cases when a sample is taken from a shipment and sent to a public testing laboratory and the test shows that the sample does not comply with the specifications, the bidder shall pay the cost of the tests. In all cases the District reserves the right to make test it deems necessary.
- TERM OF CONTRACT —
The initial contract period will be effective NO VALUE, with the option to renewNO VALUE , in accordance with Education Code Section 17596.
Renewal is contingent upon mutual agreement (expressed in writing), competitive pricing and all terms and conditions of the original contract being met to the satisfaction of the District. The District reserves the right to terminate the contract at the end of each annual period.
- TERM OF CONTRACT —
The initial contract period will be effective August 5, 2026, or date of award, through June 30, 2027, with the option to renew for up to two (2) additional years, in one (1) year increments in accordance with Education Code Section 17596.
Renewal is contingent upon mutual agreement (expressed in writing), competitive pricing and all terms and conditions of the original contract being met to the satisfaction of the District. The District reserves the right to terminate the contract at the end of each annual period.
- PATENT INFRINGEMENTS —
The successful bidder shall hold the Fontana Unified School District, its officers agents, servants and employees, harmless from liability of any nature or kind on account of use of any copyrighted or un-copyrighted composition, secret process, patented invention, article, or appliance, furnished or used, under this bid.
- EXECUTION OF CONTRACT —
Failure or refusal of the awarded bidder to execute a contract upon award by the District may result in a claim for damages by the District and shall be grounds for immediate removal from the District’s bidders list and bidding on future bid solicitations.
- EXECUTION OF CONTRACT —
Failure or refusal of the awarded bidder to execute a contract upon award by the District may result in a claim for damages by the District and shall be grounds for immediate removal from the District’s bidders list and bidding on future bid solicitations.
- DELIVERY —
It is understood that the bidder agrees to deliver prepaid all items on which bids are accepted to the address indicated in the bid. All cost for delivery, drayage, or freight, or the packing of said articles are to be borne by the bidder.
- PAYMENT TERMS/INVOICES —
Invoices/packing slips must accompany each delivery and include the following information: site name, purchase order (PO) number, product name, quantity ordered, quantity delivered, unit size, unit price and total amount. The PO number must appear on all packing slips, invoices, statements, and related correspondence.
Payment will be made within thirty (30) business days after actual delivery of goods to the designated destination.
In the event of a return or shortage, a legible delivery discrepancy receipt must be left at the site. Credits shall be issued promptly.
- PAYMENT TERMS/INVOICES —
Invoices/packing slips must accompany each delivery and include the following information: site name, purchase order (PO) number, product name, quantity ordered, quantity delivered, unit size, unit price and total amount. The PO number must appear on all packing slips, invoices, statements, and related correspondence.
Payment will be made within thirty (30) business days after actual delivery of goods to the designated destination.
In the event of a return or shortage, a legible delivery discrepancy receipt must be left at the site. Credits shall be issued promptly.
- PRICE ADJUSTMENTS —
Decreases If during the contract period there should be a decrease in prices of the items bid, a corresponding decrease in prices on the balance of the deliveries shall be made to the District for as long as the lower prices are in effect, but at no time shall the prices charged the District exceed the prices bid. The District shall be given the benefit of any lower prices which may, for comparable quality and delivery be given by the contractor to any other school District or any other state, county, municipal or local governmental agency in San Bernardino County for products listed herein.
Escalations In the event that the bidder's supplier or manufacturer increases the price of the item(s) to be supplied hereunder during the term of the contract, only such increases may be passed on to District. Price increases shall not automatically be passed on to the District. Any price increase must be approved by the District before such increase come into effect. The successful Vendor will notify Norma Reyes at reyene@fusd.net (30) days prior to any increase in pricing, and provide full documentation from the manufacturer or other parties providing justification for increase. The District will review all information and make a determination whether the increase is valid and if acceptance of the increase is warranted.
Any price increase must be substantiated to the satisfaction of the District and shall only be effective upon acceptance by District in writing.
- PRICE ADJUSTMENTS —
Decreases If during the contract period there should be a decrease in prices of the items bid, a corresponding decrease in prices on the balance of the deliveries shall be made to the District for as long as the lower prices are in effect, but at no time shall the prices charged the District exceed the prices bid. The District shall be given the benefit of any lower prices which may, for comparable quality and delivery be given by the contractor to any other school District or any other state, county, municipal or local governmental agency in San Bernardino County for products listed herein.
Escalations In the event that the bidder's supplier or manufacturer increases the price of the item(s) to be supplied hereunder during the term of the contract, only such increases may be passed on to District. Price increases shall not automatically be passed on to the District. Any price increase must be approved by the District before such increase come into effect. The successful Vendor will notify Norma Reyes at reyene@fusd.net (30) days prior to any increase in pricing, and provide full documentation from the manufacturer or other parties providing justification for increase. The District will review all information and make a determination whether the increase is valid and if acceptance of the increase is warranted.
Any price increase must be substantiated to the satisfaction of the District and shall only be effective upon acceptance by District in writing.
- SALES TAX —
(A) Do not include California State Sales Tax in bid; said tax will be added to invoice and paid by the District. (B) Do not include Federal Excise Tax or Use Tax in bid: the District is not subject to same.
- PRODUCT QUALITY CONTROL —
All materials furnished must be in conformity with the specifications and will be subject to inspection and acceptance or rejection by District personnel. The right is reserved to reject and return, at the risk and expense of the successful bidders, such portion of any shipment which may be defective or fails to comply with specifications. The District reserves the right to discontinue service of all or any portion of any contract resulting from this bid for any reason determined by the District to be detrimental to the health and welfare of the students and school personnel, or failure to meet contract specifications and to hold the contractor in default.
- DISCOUNT —
Cash discount when stated on bid shall be allowed on all payments that are processed by the District with reasonable promptness after acceptance of material and receipt of vendor’s invoice in triplicate. Cash discounts for a period of less that thirty (30) days will not be considered in determining low bidder.
- PRODUCT QUALITY CONTROL —
All materials furnished must be in conformity with the specifications and will be subject to inspection and acceptance or rejection by District personnel. The right is reserved to reject and return, at the risk and expense of the successful bidders, such portion of any shipment which may be defective or fails to comply with specifications. The District reserves the right to discontinue service of all or any portion of any contract resulting from this bid for any reason determined by the District to be detrimental to the health and welfare of the students and school personnel, or failure to meet contract specifications and to hold the contractor in default.
- PIGGYBACK/OTHER DISTRICTS —
Pursuant to Public Contract Code Sections 20118 and 20652, other school districts and public agencies in the State of California may, at the option of the vendor, purchase identical items at the same price, terms, and conditions of this bid for the term specified by Fontana Unified School District. Fontana Unified School District waives its right to require other districts to draw their warrants in favor of the District and authorizes each district to make payments directly to the successful bidder. Please indicate whether you accept the piggyback option in the space provided on the Bid Form. Acceptance or rejection of this clause will not affect the outcome of this bid.
Acceptance or rejection of this clause will not affect the award outcome of this bid.
- BID NEGOTIATIONS —
A bid response to any specific item of this bid with terms such as “negotiable”, “will negotiate”, or similar, will be considered non-responsive to that specific term. Alternate bids will be rejected.
- PIGGYBACK/OTHER DISTRICTS —
Pursuant to Public Contract Code Sections 20118 and 20652, other school districts and public agencies in the State of California may, at the option of the vendor, purchase identical items at the same price, terms, and conditions of this bid for the term specified by Fontana Unified School District. Fontana Unified School District waives its right to require other districts to draw their warrants in favor of the District and authorizes each district to make payments directly to the successful bidder. Please indicate whether you accept the piggyback option in the space provided on the Bid Form. Acceptance or rejection of this clause will not affect the outcome of this bid.
Acceptance or rejection of this clause will not affect the award outcome of this bid.
- INTERPRETATIONS OF BID DOCUMENTS —
All interpretations of the bid conditions and/or specifications shall be made only by written addendum. The District shall not be responsible for any other explanation or interpretation of the bid document.
- LEGAL REQUIREMENTS —
All bidders are required to comply with and be bound by all applicable provisions of law whether or not referred to herein.
- COMPLIANCE WITH APPLICABLE LAWS —
All property or services furnished must comply with all Federal, State and Local laws, rules, regulations, and ordinances.
- COMPLIANCE WITH APPLICABLE LAWS —
All property or services furnished must comply with all Federal, State and Local laws, rules, regulations, and ordinances.
- DRUG-FREE WORKPLACE CERTIFICATION —
Pursuant to Government Code section 8350 et seq., the successful bidder will be required to execute a DrugFree Workplace Certification upon execution of the contract. The bidder will be required to take positive measures outlined in the certification in order to ensure the presence of a drug-free workplace. Failure to abide
with the conditions set forth in the Drug-free Workplace Act could result in penalties including the termination of the contract or suspension of payment thereunder.
- DRUG-FREE WORKPLACE CERTIFICATION —
Pursuant to Government Code section 8350 et seq., the successful bidder will be required to execute a DrugFree Workplace Certification upon execution of the contract. The bidder will be required to take positive measures outlined in the certification in order to ensure the presence of a drug-free workplace. Failure to abide with the conditions set forth in the Drug-free Workplace Act could result in penalties including the termination of the contract or suspension of payment thereunder.
- COMMUNICATION OF AWARD —
Bid awards made by the Board of Education shall not become binding upon the District until communication in writing to the successful bidder.
- ALCOHOLIC BEVERAGE AND TOBACCO-FREE CERTIFICATION —
The successful bidder shall agree to enforce an alcoholic beverage and tobacco-free work site and will be required to execute an Alcoholic Beverage and Tobacco-free Certification upon execution of the contract.
- SAFETY REGULATIONS —
All equipment and supplies furnished, and/or all work performed, shall meet all applicable safety regulations of the Division of Occupational Safety and Health of the State of California and Safety and Health Codes of the State of California.
- ALCOHOLIC BEVERAGE AND TOBACCO-FREE CERTIFICATION —
The successful bidder shall agree to enforce an alcoholic beverage and tobacco-free work site and will be required to execute an Alcoholic Beverage and Tobacco-free Certification upon execution of the contract.
- AFFIRMATIVE ACTION —
The bidders shall certify that he/she is an Equal Opportunity Employer and has made a good faith effort to improve minority employment and agrees to meet federal and state guidelines. No discriminating shall be made in the employment of persons upon public works in this project because of the sex, race, color, national origin or ancestry, religion, or handicap of such personnel.
- CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION —
The successful bidder shall maintain a policy of workers’ compensation insurance as required by Labor Code Section 3200 et. seq. A certificate evidencing this coverage shall be filed with the District prior to the commencement of work under this agreement and will become part of the contract. Notification by the carrier to the District at least 30 days prior to cancellation, failure to renew, or other termination, is required.
- CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION —
The successful bidder shall maintain a policy of workers’ compensation insurance as required by Labor Code Section 3200 et. seq. A certificate evidencing this coverage shall be filed with the District prior to the commencement of work under this agreement and will become part of the contract. Notification by the carrier to the District at least 30 days prior to cancellation, failure to renew, or other termination, is required.
- HOLD HARMLESS —
The successful bidder shall save, defend, hold harmless and indemnify the District against any and all liability, claim, and costs of whatsoever kind and nature for injury to or death of any person and for loss or damage to any property occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operation, or performance under the terms of this contract, resulting in whole or in part from the negligent acts or omissions of contractor, and subcontractor, or any employee, agent, or representative or vendor and/or subcontractor.
- NON-COLLUSION DECLARATION —
A signed Non-collusion Declaration must be uploaded in OpenGov. Bids received without a signed Non-collusion Declaration cannot be accepted.
- HOLD HARMLESS —
The successful bidder shall save, defend, hold harmless and indemnify the District against any and all liability, claim, and costs of whatsoever kind and nature for injury to or death of any person and for loss or damage to any property occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operation, or performance under the terms of this contract, resulting in whole or in part from the negligent acts or omissions of contractor, and subcontractor, or any employee, agent, or representative or vendor and/or subcontractor.
- COVID-19 CONTRACTOR RESPONSIBILITIES —
Contractor and subcontractors shall follow the Center for Disease Control, OHSA and other applicable federal, state, and local health authority guidelines and requirements regarding COVID-19. While the confidentiality of all medical conditions must be maintained in accordance with applicable law, the District reserves the right to inform any District staff, employees, students, and/or visitors that an unnamed worker has been diagnosed with COVID-19 if any of the District’s staff, employees, students, or visitors might have been exposed to the disease so such individual(s) may take measures to protect their own health. On August 11, 2021, the California Department of Public Health ("CDPH") issued State Public Health Officer Order of August 11, 2021 ("Order"), which requires all public and private schools serving TK through 12th grade students to verify the vaccination status of all "workers" and to require all unvaccinated or incompletely vaccinated workers to undergo weekly diagnostic screening testing. Reference Contractor/Vendor Vaccine Verification/Testing Policy included in the Bid documents. Successful bidder will be required to submit a Contractor/Vendor COVID-19 Attestation Of Compliance upon execution of the contract.
- INSURANCE AND WORKERS’ COMPENSATION —
The successful bidder shall be required to furnish certificates and endorsements evidencing that the required insurance is in effect as set forth in the Agreement. District may request that such certificates and endorsements are completed on District provided forms. In accordance with the provisions of Section 3700 of the Labor Code, the successful bidder shall secure the payment of compensation to all employees. The successful bidder who has been awarded the contract shall sign and file with District prior to performing the work, the Workers’ Compensation Certificate included as a part of the proposal documents. Labor Code section 1861.
a) Successful bidder shall, at bidder’s sole cost and expense, maintain in full force and effect the following insurance coverages from a California licensed insurer with an A, VIII, or better rating from A.M. Best or an approved self-insurance program, sufficient to cover any claims, damages, liabilities, costs and expenses (including attorney fees) arising out of or in connection with bidder’s fulfillment of the obligations under this bid:
i. Comprehensive General Liability Insurance, including bodily injury, property damage and contractual liability with minimum limits set by the District. The policy may not contain an exclusion for sexual molestation or abuse coverage, may be waived by the District.
a. General Aggregate $2,000,000
b. Each Occurrence $1,000,000
c. Products/Completed Operations $1,000,000
d. Personal and Adverting Injury $1,000,000
e. Damage to Rented Premises $50,000
f. Medical Expense (any one person) $5,000
ii. Umbrella (excess) liability insurance coverage with a limit of $3,000,00, unless waived by the District. The policy may not contain an exclusion for sexual molestation or abuse coverage, may be waived by the District.
iii. Business Automobile Liability Insurance for owned, scheduled, non-owned, or hired automobiles with a combined single limit not less than $1,000,000 per occurrence.
iv. Professional Liability Insurance with a limit of $1,000,000 per occurrence, if applicable.
v. Workers’ Compensation and Employers Liability Insurance in a form and amount covering bidder’s full liability under the California Workers’ Compensation Insurance and Safety Act and in accordance with applicable state and federal laws. The policy shall be endorsed with the insurer’s waiver of rights of subrogation against the District.
vi. The following special hazards shall be covered by rider or riders to the above-mentioned public liability insurance or property damage insurance policy or policies of insurance, or by special policies of insurance as follows:
It should be expressly understood, however, that the coverage and limits referred to above shall not in any way limit the liability of the bidder.
b) The successful bidder shall not commence work or allow any subcontractor to commence work under this contract until all required insurance and certificates have been delivered in and approved by District.
c) Successful bidder shall provide prior written notice to the District thirty (30) days in advance of any non-renewal, cancellation, or modification of the required insurance. The certificates of insurance providing the coverages referred to in clauses i. and ii. Above shall name District, its Governing Board, officers, and employees, as additional insureds with appropriate endorsements. In addition, the certificates of insurance shall include a provision stating, “Such insurance as is afforded by this policy shall be primary, and any insurance carried by District shall be excess and noncontributory.” Failure to maintain the above-mentioned insurance coverages shall be cause for termination of the Agreement.
- COVID-19 CONTRACTOR RESPONSIBILITIES —
Contractor and subcontractors shall follow the Center for Disease Control, OHSA and other applicable federal, state, and local health authority guidelines and requirements regarding COVID-19. While the confidentiality of all medical conditions must be maintained in accordance with applicable law, the District reserves the right
to inform any District staff, employees, students, and/or visitors that an unnamed worker has been diagnosed with COVID-19 if any of the District’s staff, employees, students, or visitors might have been exposed to the disease so such individual(s) may take measures to protect their own health. On August 11, 2021, the California Department of Public Health ("CDPH") issued State Public Health Officer Order of August 11, 2021 ("Order"), which requires all public and private schools serving TK through 12th grade students to verify the vaccination status of all "workers" and to require all unvaccinated or incompletely vaccinated workers to undergo weekly diagnostic screening testing. Reference Contractor/Vendor Vaccine Verification/Testing Policy included in the Bid documents. Successful bidder will be required to submit a Contractor/Vendor COVID-19 Attestation Of Compliance upon execution of the contract.
- CANCELLATION FOR INSUFFICIENT OR NON-APPROPRIATED FUNDS —
The bidder hereby agrees and acknowledges that monies utilized by the District to fulfill bid requirements is public money appropriated by the State of California or acquired by the District from similar public sources and is subject to variation. The District fully reserves the right to cancel this bid at any time and/or limit quantities of items due to non-availability or non-appropriation of sufficient funds. Items listed on the attached Bid Form are subject to change without notice depending on budgetary allocations.
- CANCELLATION FOR INSUFFICIENT OR NON-APPROPRIATED FUNDS —
The bidder hereby agrees and acknowledges that monies utilized by the District to fulfill bid requirements is public money appropriated by the State of California or acquired by the District from similar public sources and is subject to variation. The District fully reserves the right to cancel this bid at any time and/or limit quantities of items due to non-availability or non-appropriation of sufficient funds. Items listed on the attached Bid Form are subject to change without notice depending on budgetary allocations.
- CALIFORNIA PUBLIC RECORDS ACT —
All documents received by District, as a public agency, in connection with this bid are subject to the requirements of the California Public Records Act. Bidder shall identify any information contained in the bid that the bidder deems to be, and establishes as, confidential, or proprietary and wishes to be withheld from disclosure to others. Note: A blanket statement that all contents of the bid response are confidential or proprietary cannot be honored by District.
- MANDATED REPORTER TRAINING REQUIREMENT —
California Mandated Reporter Requirement – Contractors and Vendors https://mandatedreportertraining.com/california/
Any contractor, subcontractor, consultant, or vendor (“Contractor”) providing services on a school campus or at any District facility where pupils may be present shall comply with all applicable California mandated reporter laws.
Pursuant to California Penal Code § 11165.7 and Education Code § 44691, certain individuals working on school grounds, including employees of outside contractors who may have direct contact with students, may be designated as mandated reporters of child abuse and neglect.
Accordingly, Contractor shall ensure the following:
- Mandated Reporter Training Required - Contractor certifies that all Contractor employees, agents, or subcontractors who will perform work on District property during times when students are present have completed California-required mandated reporter training consistent with state law.
- Training Prior to Campus Access - Such training must be completed prior to the employee commencing work on any school site or District facility.
- Proof of Compliance - Contractor shall provide, upon request, documentation verifying completion of mandated reporter training for covered employees.
- Duty to Report - Contractor employees identified as mandated reporters must immediately report suspected child abuse or neglect in accordance with Penal Code §§ 11164–11174.3 (Child Abuse and Neglect Reporting Act).
- Failure to Comply - Failure to comply with these requirements shall constitute a material breach of contract and may result in removal of personnel from District property and/or termination of the agreement.
- TERMINATION CLAUSE —
At any time and without cause, District shall have the right to terminate the contract by giving thirty (30) calendar days written notice to Successful Vendor. In the event of such termination, Bidder shall only be entitled to payment for those goods and services that have been delivered and accepted by District or services satisfactorily rendered through the date of termination.
- TERMINATION CLAUSE —
At any time and without cause, District shall have the right to terminate the contract by giving thirty (30) calendar days written notice to Successful Vendor. In the event of such termination, Bidder shall only be entitled to payment for those goods and services that have been delivered and accepted by District or services satisfactorily rendered through the date of termination.
- FORCE MAJEURE —
The parties to the executed contract will be excused from performance during the time and to the extent that they are prevented from obtaining, delivering or performing by “Act of God”, fire, strike, loss or shortage of transportation, facilities, lockout, or commandeering of materials, products, plants, or facilities by the government, when satisfactory evidence thereof is presented to the other party provided that it is satisfactorily established that the non-performance is not due to the fault or negligence of the party not performing.
- FORCE MAJEURE —
The parties to the executed contract will be excused from performance during the time and to the extent that they are prevented from obtaining, delivering or performing by “Act of God”, fire, strike, loss or shortage of transportation, facilities, lockout, or commandeering of materials, products, plants, or facilities by the government, when satisfactory evidence thereof is presented to the other party provided that it is satisfactorily established that the non-performance is not due to the fault or negligence of the party not performing.
- DISTRICT CONTACT —
Bidders are hereby notified that any contact with a member of the Board of Education, Superintendent, Associate Superintendent, or employee of the District, other than Norma Reyes, Sr. Buyer, or Sr. Director of Purchasing, Warehouse, and Mail Services regarding this bid could result in the rejection of their proposal.
- DISTRICT CONTACT —
Bidders are hereby notified that any contact with a member of the Board of Education, Superintendent, Associate Superintendent, or employee of the District, other than the Buyer or Sr. Director of Purchasing, regarding this bid could result in the rejection of their proposal.
- DISTRICT CONTACT —
Bidders are hereby notified that any contact with a member of the Board of Education, Superintendent, Associate Superintendent, or employee of the District, other than the Buyer or Sr. Director of Purchasing, regarding this bid could result in the rejection of their proposal.
- HEALTH GUIDELINES —
The successful bidder(s) shall follow current California Department of Public Health (CDPH) and San Bernardino County Health guidelines as it pertains to public grounds, buildings and K-12 public school settings.
- ADD/ DELETE LOCATIONS —
The District is a growing district; therefore, it reserves the right to add or delete delivery locations at its discretion at any time throughout the term of the agreement.
- QUALITY CONTROL —
The District reserves the right to discontinue service of all or any portion of any contract resulting from this proposal for any reason determined by the District to be detrimental to the health and welfare of the students and school personnel, or failure to meet contract specifications or wholesomeness standard, and to hold the contractor in default.
- WARRANTY OF ITEMS/GOODS —
Notwithstanding inspection and acceptance by the District of items/goods furnished under the agreement or any provision of concerning the conclusiveness thereof, the successful bidder warrants that:
- All items/goods or services furnished shall be in accordance with the District specifications as called out in this bid. The successful bidder shall furnish and deliver the quantity designated in the award of the bid. Any items/goods determined by the District’s Custodial Manager or its designee to be not in accordance with or conforming to the specifications of the bid, shall be rejected and promptly removed from the District’s premises at the successful bidder’s expense. When a sample is taken from a shipment and sent to a laboratory for testing and the test shows that the sample does not comply with the specifications or contract sample, the cost of such test shall be paid for by the successful bidder.
- The preservation, packaging, packing and marking, and the preparation for, and method of shipment of such items/goods will conform to the requirements of Request for Proposal.
- Within a reasonable time, the District may either by written notice, require the prompt correction or replacement of any items/goods or part thereof (including preservation, packaging, packing and marking) that do not conform with the requirements of this contract or retain such items/goods, whereupon the contract price thereof shall be reduced by an amount equitable under the circumstances and the successful bidder shall promptly make appropriate repayment.
- When return, correction or replacement is required, the District shall return the items/goods and transportation charges and responsibility for such items/goods while in transit shall be borne by the successful bidder. However, the successful bidder’s liability for such transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the designated destination point under this contract and the Successful bidder’s facility and return.
- If the successful bidders fails or refuses to correct or replace the nonconforming items/goods within a period of ten (10) days, the District may, by contract or otherwise, correct or replace them with similar items/goods and charge to the successful bidder the cost occasioned to the District thereby. In addition, if the Successful bidder fails to furnish timely disposition instructions, the District may dispose of the nonconforming items/goods for the Successful bidder’s account in a reasonable manner, in which case, the District is entitled to reimbursement from the Successful bidder or from the proceeds for the reasonable expenses of the care and disposition of the nonconforming items/goods, as well as for excess costs incurred or to be incurred.
- Any items/goods or parts thereof corrected or furnished in replacement pursuant to this clause shall also be subject to all the provisions of this clause to the same extent as items/goods initially delivered.
- The rights and remedies of the District provided in this clause are in addition to and do not limit any rights afforded to the District by any other clause.
- DEFAULT —
If successful bidder fails or neglects to furnish and/or deliver the supplies or services at the prices quoted or at the times and places agreed upon or otherwise fails to comply with the terms, conditions, or specifications of this proposal document in its entirety, the District reserves the right to cancel existing services affected by such default, and procure services from other sources and deduct from any unpaid balance due to the successful bidder. The price paid shall be considered the prevailing market price at the time such purchase is made.