REQUEST FOR PROPOSAL FLEET MANAGEMENT STUDY EAST SIDE UNION HIGH SCHOOL 830 North Capitol Avenue San Jose, CA 95133-1398 RFP DUE JUNE 11, 2014
Page 2 of 12 SECTION TABLE OF CONTENTS PAGE Table of Contents 2 Notice to Vendors 3 Purpose of the Proposal 4 About the District 4 Overview of the Transportation Operations 5 Inquiries and/or Clarifications 6 Errors and Omissions 6 Addenda 6 Submission of RFP 6 Bidder s Cost 7 Proposed Timeline 7 Exceptions 7 Scope of Services 7 Organizations of RFP 9 Delivery of RFP 10 Evaluation Criteria 10 Bid becomes property of 10 Confidential Material 10 Rejection of Bids, Waiver or Informalities 10 Cancellation 11 Award of Contract 11 Term of Contract 11 Execution of Contract 11 Failure to execute the Contract 11 Termination of Contract 12 Proposed Cost 12 Payment 12 Indemnification and Insurance Requirement 12 Administrative and Legal Requirement 12 References 12 Attachment A - Indemnification and Insurance Requirements Attachment B - Administrative and Legal Requirements Attachment C List of District Vehicles Exhibit 1 - General Consultant Information/Signature Page (Required Bid Submittal Documentation) Exhibit 2 - Conflict of Interest (Required Bid Submittal Documentation) Exhibit 3 - Non-Collision Declaration (Required Bid Submittal Documentation) Exhibit 4 - Certificate of Nondiscrimination by Seller (Required Proposal Submittal Documentation)
Page 3 of 12 Notice to Vendors The Board of Trustees of the (ESUHSD) is seeking proposals from qualified consultants to conduct a review of its current fleet operations program. The District s fleet management program should be cost efficient, effective, and customer driven. The District desires a modern fleet management program and wants to utilize best management practices and techniques that are precise and well established. One (1) original and three (3) copies plus a DVD/Flash Drive including all proposal documents must be received on or before 1:00 PM, June 11, 2014 Proposals shall be received at: Purchasing Department ATTN: Donna Bertrand C.P.M. Contracts Administration Coordinator 830 North Capitol Avenue San Jose, CA 95133 Copies of the RFP, including forms that need to be completed, can be picked up at the above address, requested by phone to Donna Bertrand at 408-347-5071 or downloaded from the ESUHSD website: http://www.esuhsd.org/community/purchasing/current-rfq-rfp-bids/index.html No vendor may withdraw any proposal for a period of ninety (90) calendar days after the date set for the receiving of the proposal. ESUHSD will review the responses, contact references, and complete a weighted scoring matrix for each respondent vendor. ESUHSD reserves the right to accept or reject any item or group(s) of items of a proposal. ESUHSD also reserves the right to waive any minor informality or irregularity in any Proposals. Additionally, ESUHSD may, for any reason, decide not to award a contract as a result of this RFP. There will not be a formal public bid opening for this RFP. After the recommendation for contract award is submitted to the Board of Trustees for approval, all proposals will be available for public review.
Page 4 of 12 1.0 PURPOSE OF THE PROPOSAL The is seeking proposals to from qualified consultants to conduct a review of its current fleet operations program. The District s fleet management program should be cost efficient, effective, and customer driven. The District desires a modern fleet management program and wants to utilize best management practices and techniques that are precise and well established. This study is intended to evaluate all aspects of the District s fleet program and to assess its overall effectiveness. The Consultant is charged with identifying where best fleet management practices are being used and how to achieve better results in those areas where they are not. At a minimum, the following areas must be assessed: Evaluate and recommend the most efficient and effective method for transporting special education students (buses, vans, etc.) Fleet organization structure Preventive maintenance program Vehicle to technician ratio Parts inventory and parts warranty Fuel program management Fleet operations costs Shop labor rates and charge back rates Special Education transportation program Fleet replacement funding Fleet motor pool feasibility Fleet life cycle cost analysis Fleet vehicle management system Policies, procedures, and practices Compare fleet services to other districts Identify underutilized equipment Parts and equipment purchasing practices Facility layout and functionality ESUHSD would like to have the successful Consultant offer other school districts and community college districts, any public corporation or agency, including any county, city, town or public corporation or agency within the State of California, the right to purchase the identical item(s) at the same price and at the same terms and conditions pursuant to sections 20118 (K-12) and 20652 (Community Colleges) of the Public Contract Code. ESUHSD waives its right to require such other districts and offices to draw their warrants in the favor of the District as provided in said Code sections. Acceptance or rejection of this clause will not affect the outcome of this RFP. 1.1 ABOUT THE DISTRICT ESUHSD encompasses a 180 square mile area of San Jose, bordering on Silicon Valley in Santa Clara County. It is one of California s largest high school districts (grades 9-12) with an enrollment of over 24,500 students. ESUHSD operates eleven comprehensive high schools, one continuation high school, three alternative schools and six charter schools in ESUHSD. The charter schools
Page 5 of 12 serve an additional 1,745 students. ESUHSD also administers an Adult Education Program that serves over 5,000 adults. Our school sites are comprised of: Traditional High Schools o Andrew P. Hill o Evergreen Valley o Independence o James Lick o Mount Pleasant o Oak Grove o Piedmont Hills o Santa Teresa o Silver Creek o William C. Overfelt o Yerba Buena Alternative Education Schools o Apollo o Calero o Foothill o Pegasus o Phoenix Adult Education o Independence o Overfelt On-site Charter Schools o KIPP San Jose Collegiate (at Independence) o Leadership Public (at W.C. Overfelt) o Summit Rainier (at Mount Pleasant) o Andrew Hill (not a separate location; within the High School location) o ACE (at Independence) o Downtown College Prep (at Independence) o Luis Valdez (Yerba Buena) 1.1 OVERVIEW OF THE TRANSPORTATION OPERATIONS 1.1.1. ESUHSD operates more than forty-five (45) school buses each day to carry more than 1000 students safely to and from school. Our drivers log more than 1.04 million miles annually, operating in a safe, efficient manner from our district office. The majority of our routes are special education. We also provide transportation for outside vendors for field trips. Our department staff consists of forty-three (43) bus drivers, one full-time dispatcher, two part time instructors and three mechanics. 1.1.2 The vehicle maintenance operation is comprised of the following employees: (1) Director (part-time) (36) Bus Drivers (1) Van Driver (2) Dispatchers (1) Mechanic 2 (1) Mechanic I (2) Trainers/Instructors (part time) 1.1.3 Most maintenance and repair work is performed at the District s Education Center located at 830 N. Capitol Ave., San Jose, CA 95133.
Page 6 of 12 1.1.4 The District does contract out some vehicle maintenance and repairs to local repair shops on an as needed basis. 1.1.5 The District has one centralized fueling facility located at 830 N. Capitol Ave. This facility houses two 10,000 gallon underground storage tanks (UST), one for unleaded and one for diesel at the Education Center 1.1 INQUIRIES AND/OR CLARIFICATIONS Any requests for clarification of the RFP shall be made IN WRITING and delivered to: Mail: Donna Bertrand, C.P.M. 830 North Capitol Avenue San Jose, CA. 95133-1398 Email: Donna Bertrand at bertrandd@esuhsd.org Phone: 408-347-5071 Fax: 408-347-5075 ESUHSD is responsible only for what is expressly stated in this RFP and any authorized written addenda thereto. ESUHSD is not responsible for and will not be bound by any person not authorized to act on its behalf. As of the Issuance date of this RFP and continuing until the final date for submission of proposals, contact with ESUHSD employees is strictly limited. All personnel representing ESUHSD are specifically directed not to hold meetings, conferences or technical discussions with any Consultant for purposes of responding to this RFP. Any Consultant found to be acting in any way contrary to this directive will be disqualified from entering into any contract that may result from this RFP. 1.2 ERRORS AND OMISSIONS If a bidder discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP or any of its attachments, he/she shall immediately notify ESUHSD of such error in writing and request modification or clarification of the document. Modifications will be made by addenda. Clarifications will be given by written notice to all parties who have been furnished or who have requested a RFP for proposing purposes, without divulging the source of the request for same. If a Bidder fails to notify ESUHSD prior to the date fixed for submission of bids of an error in the RFP known to him/her, or an error that reasonably should have been known to him/her, he/she shall bid at his/her own risk, and if he/she is awarded the contract, he/she shall not be entitled to additional compensation or time by reason of the error or its later correction. 1.3 ADDENDA The ESUHSD may modify this RFP, any of its key action dates, or any of its attachments, prior to the bid submittal date. Addenda will be numbered consecutively as a suffix to the RFP Reference Number. It is the Bidder s responsibility to ensure they have incorporated all addenda. Failure to acknowledge and incorporate addenda will not relieve the Bidder of the responsibility to meet all terms and conditions of the RFP and any subsequent addenda. 1.4 SUBMISSION OF RFP Proposals submissions are to be in the format as described below in section Proposal Submission Instructions and will include one (1) original and three (3) copies plus a
Page 7 of 12 DVD/Flash drive with workable files (not acrobat or protected files) that includes all documents provided with Proposals submissions. Proposals must be sealed and clearly marked,. Any proposal received after the due date and time cannot be accepted and will be rejected and returned to the bidder unopened. Therefore, the envelope must also have a return address on the outside. Proposals must be submitted no later than 1:00 P.M. June 11, 2014. Proposals and supporting documentation are to be submitted to: Attn: Donna Bertrand C.P.M. Contracts Administration Coordinator 830 North Capitol Avenue San Jose, CA. 95133-1398 1.5 BIDDER S COST Costs for developing Bids are entirely the responsibility of the Bidder and shall not be chargeable to the ESUHSD. 1.6 PROPOSED TIMELINE The following is the anticipated Proposal and engagement schedule. ESUHSD may change the estimated dates and process as deemed necessary. May 23, 2014 June 4, 2014 June 11, 2014 June 19, 2014 June 20, 2014 Release of Request for Proposals Last Day for submission of inquiries and clarifications (by 5:00 PM) Proposals Due (by 1:00 PM) Board of Trustees Meeting Contract start date (contingent on Board of Trustees) 1.7 EXCEPTIONS If a Bidder takes exception to any part of this RFP, including but not limited to specifications of the Insurance, Administrative and Legal Requirements as written, here in or as amended by any addenda subsequently issued, must be done in writing. Said exceptions must be submitted with the proposal. Failure to do so will be construed as acceptance of all items. 1.8 SCOPE OF SERVICES The contractor will undertake a comprehensive review of the ESUHSD s vehicle fleet and its management, addressing the question of whether the fleet is being managed in an efficient, cost effective manner and provide recommendations on improvements. In additional the consultant will review and assess the District s Special Education transportation program to determine most cost effective manner of transporting special education students. Specific areas for review/questions to be answered include, but are not limited to: 1.8.1 Project Startup Consultation Meetings- At the start of the project, the consultant will be required to meet with the District Management to gain an understanding of fleet operations and concerns. The consultant shall have no administrative authority. The District will provide all available fleet data and written documentation on the District s fleet operations including budget, financial records, organizational charts, inventory of vehicles,
Page 8 of 12 policies and procedures, productivity data, etc., necessary to understand the fleet operations. Below are specific review/questions to be considered: 1.8.1.1 Analysis of the size, composition, and age of the current fleet (See Attachment C). 1.8.1.2 Analysis of the utilization of vehicles (See Attachment C). 1.8.1.3 Are the District s vehicle maintenance practices appropriate? 1.8.1.4 Is contract maintenance vs. use of in-house forces cost effective? 1.8.1.5 Analysis of the current organizational structure and resources allocated for both operating and capital purposes. 1.8.1.6 Are the useful economic life designations for each vehicle type reasonable and appropriate? 1.8.1.7 Analysis of the reasonableness of the fleet replacement plan and the manner in which it is developed. 1.8.1.8 Analysis of fleet life cycle costs. 1.8.1.9 Analysis of vehicle operator maintenance and provide recommendations. 1.8.1.10 What are areas for cost reduction in the short, mid, and long term that could be achieved without negatively impacting mission delivery. 1.8.1.11 Analysis to determine if leasing vehicles and equipment is a cost effective approach versus buying. 1.8.2. On-Site Assessment - The consultant must schedule time to provide an on-site assessment. The consultant will have access to, and is expected to schedule time to spend on site with fleet maintenance, finance, and appropriate staff. The consultant will tour the District s fleet facility to document and examine shop tools, inventory, and equipment. The consultant will analyze workflow patterns to determine if there are areas that are affecting the productivity of fleet staff. The consultant will review administrative and field processes including, but not limited to: review of administrative processing systems, work order system, technology, productivity, staffing, inventory management, key policies, etc. The consultant will be expected to identify strategic and tactical gaps, isolate best practices, identify areas of opportunity and communicate findings. 1.8.3. Perform a Cost Competitive Analysis - The consultant will review the appropriateness of current shop labor rates and the methodology used to compute them and the system used for charging back to school sites. 1.8.4. Review and Evaluate the Fleet Operations - Review and recommend most cost efficient and effective practices used in the preventive maintenance and repair programs; shop operations; parts inventory control and parts services; fuel systems; use of fleet management information system; and use of contracting out/consolidation of services. 1.8.5. Alternative Service Delivery Options - Review vehicle requirements relating to the use of large busses versus vans for transporting Special Education Students and recommend most cost effective option. 1.8.6 Review and Evaluate the Fleet Asset and Replacement Program - The consultant will assess the existing methods to acquire fleet assets along with financing the operation and capital replacement of the fleet, including the rate chargeback methodology and vehicle/equipment replacement program to include:
Page 9 of 12 1.8.6.1. Help to determine funding levels to provide a framework for proper, long range replacement funding and a methodology to support it. 1.8.6.2 Assessment of vehicle acquisition to determine if leasing vehicles as opposed to purchasing will reduce costs. 1.8.6.3 Determining if replacement cycles are appropriate and how the District performs retain/replace/repair analysis of vehicles and equipment that are candidates for replacement. 1.8.6.4. Determining if and how life cycle cost are used in the acquisition and selection process. 1.8.6.5 Determining if the methods used to dispose of vehicles and equipment are both timely and brings the best rate of return. 1.8.7. Fleet Management Policy, Procedure and Practices Review and Recommendations The consultant will assess the existing policies, procedures, and practices to acquire fleet assets (lease, purchase) along with maintenance of the operations. This assess will also include a strategy for vehicle/equipment replacement program. 1.8.8 Report Results 1.8.8.1 Once the study is complete, the consult will submit a draft written report with their findings and recommendations to include a return on investment if suggestions are implemented. The consultant will make a presentation of the report to the Associate Superintendent of Business Services, Director of General Services, and Contracts Administration Coordinator. If needed, the consultant will present the report to the Board of Trustees. 1.8.8.2 The consultant will then make any changes necessary, if needed, finalize the report and provide a copy to the Associate Superintendent of Business, Director of General Services, and Contract Administration Coordinator. 1.10 ORGANIZATION OF RFP Proposal responses are to be organized simply, economically and will be submitted in the specific order as defined below. 1.10.1 Exhibit 1 - General Vender Information/Signature Page (ESUHSD provided form) 1.10.2 Exhibit 2 - Conflict of Interest (ESUHSD provided form) 1.10.3 Letter from Consultant s Insurance Broker or Evidence of Insurance Executive 1.10.4 Executive Summary & Narrative: 1.10.4.1 The Executive Summary should contain an outline of your professional Fleet Management Study services, philosophy and business approach, along with a brief summary of your firm s history and qualifications to engage in a professional relationship with ESUHSD. (No more than 3 pages) 1.10.4.2 The Narrative may include the following; firms experience with public educational projects, preferably with public high school districts; scope of projects; and additional data about the firm as it may relate to this RFP. (No more than 3 pages) 1.10.5 Proposed Individual/Team with detailed resumes 1.10.6 W-9, download this form from this link: http://www.esuhsd.org/community/purchasing/forms/index.html 1.10.7 List of References
1.10.8 Fee Proposal 1.10.9 Proposed Schedule of Work 1.10.10 Noncollusion Declaration form (ESUHSD provided form) 1.10.11 Certification of Nondiscrimination by Seller form (ESUHSD provided) Page 10 of 12 1.11 DELIVERY OF RFPS RFPs submitted by mail should be post-marked sufficiently in advance of the bid opening to ensure delivery to the Purchasing Dept at ESUHSD prior to the specified opening time. The ESUHSD assumes no responsibility for delay in delivery of the bid by U.S. Mail or any other service. LATE BIDS WILL NOT BE ACCEPTED. 1.12 EVALUATION CRITERIA The following is the criteria by which ESUHSD will evaluate proposals submitted in response to this RFP. Contract award shall be based on the Proposer's ability to provide services as required in this RFP, overall price and the experience and success of the Proposer in executing similar contracts. RFP Evaluation Criteria Value Pricing-Rates 50% Consultant Qualifications and Experience 30% Past Relationship w/esuhsd and/or other School Districts 5% References 15% Total 100% 1.13 BIDS BECOME THE PROPERTY OF ESUHSD Bids become the property of ESUHSD and information contained therein shall become public property subject to disclosure laws after Notice of Intent to Award. ESUHSD reserves the right to make use of any information or ideas contained in the bid. 1.14 CONFIDENTIAL MATERIAL Bidder must notify ESUHSD in advance of any proprietary or confidential material contained in the bid and provide justification for not making such material public. ESUHSD shall have sole discretion to disclose or not disclose such material subject to any protective order which Bidder may obtain. 1.15 REJECTION OF BIDS, WAIVER OF INFORMALITIES With respect to this BID, ESUHSD reserves certain rights at any time as follows: 1.15.1 Reject any proposal without indicating any reason for such rejection; 1.15.2 Waive or correct any minor or inadvertent defect, irregularity or technical error in a proposal, or in the BID process, or as part of any subsequent contract negotiation; 1.15.3 Request that Consultants supplement or modify all or certain aspects of their BIDS or other documents or materials submitted; 1.15.4 Request the Consultant make an oral and/or written presentation if more information is deemed necessary; 1.15.5 Terminate this BID and issue a new BID; 1.15.6 Modify the selection process, the specifications or requirements for materials or services, or the content or format of the BIDS; 1.15.7 Extend a deadline specified in this BID, including deadlines for accepting BIDS; 1.15.8 Negotiate with any or none of the Consultants; 1.15.9 Modify the final contract from terms described in this BID;
Page 11 of 12 1.15.10 Terminate failed negotiations with a Consultant without liability, and negotiate with other Consultants; 1.15.11 Disqualify any Consultant on the basis of a real or apparent conflict of interest, or evidence of collusion that is disclosed by the proposal or other data available to ESUHSD; 1.15.12 Request that services be provided by certain staff of a Consultant, or request that certain staff of a Consultant be excluded from providing services as determined by ESUHSD to be in its best interest; 1.15.13 Reject a Consultant's proposal where the Consultant is in breach of, or in default under, any other agreement with the ESUHSD; 1.15.14 Award multiple contracts if it is deemed necessary to provide the specified services. 1.16 CANCELLATION This solicitation does not obligate the ESUHSD to enter into an agreement. ESUHSD retains the right to cancel this RFP at any time, should the project be canceled, ESUHSD loses the required funding, or it is deemed in the best interest of ESUHSD. No obligation, either expressed or implied, exists on the part of ESUHSD to make an award or to pay any cost incurred in the preparation or submission of a bid. 1.17 AWARD OF CONTRACT Award, if any, will be to the Consultant(s) whose bid best complies with all of the requirements of the RFP documents and any addenda. A Contract and Purchase order shall be awarded to the Consultant(s) whose offer is determined to be the most advantageous to ESUHSD from the standpoint of suitability to purpose, quality, service, previous experience, price, ability to deliver, or for any other reason deemed by the ESUHSD to be in the best interests of ESUHSD and, as such, will not be determined by price alone and may not be the lowest bid especially where services are of utmost importance. ESUHSD reserves the right to negotiate any terms and conditions in the RFP responses received, to reject any or all responses received, and to waive any informality or minor defects in responses received. 1.18 TERM OF CONTRACT The term of the contract shall commence upon ESUHSD execution of contract, tentatively scheduled for June 20, 2014 and continue through and including December 31, 2015. 1.19 EXECUTION OF THE CONTRACT The contract shall be signed by the Consultant and returned, along with the required attachments to the within 10 working days. The period for execution may be changed by mutual agreement of the parties. Contracts are not effective until approved by the appropriate officials. Any work performed prior to receipt of a fully executed contract shall be at Consultant's own risk. 1.20 FAILURE TO EXECUTE THE CONTRACT Failure to execute the contract within the time frame identified above shall be sufficient cause for voiding the award. Failure to comply with other requirements within the set time shall constitute failure to execute the contract. If the successful Consultant refuses or fails to execute the contract, the may award the contract to the next qualified highest ranked Consultant.
Page 12 of 12 1.21 TERMINATION OF CONTRACT The ESUHSD may terminate the contract at any time for any reason with 30 days notice to the Consultant. Because ESUHSD terminates the contract, this does not preclude the Consultant from meeting obligations to other school districts that has entered into a contract with the Consultant utilizing the piggyback clause, if applicable. 1.22 PROPOSED COST Consultant will submit a Fee Proposal for the entire Project. The fee shall include all normal Consultants operational expenses). Please indicate any and all exceptional expenses not included in fee (if none, so state). 1.23 PAYMENT The ESUHSD will only pay by original invoice. All invoices shall contain the proper pricing as specified in the proposed cost. In addition, all invoices shall include the appropriate purchase order number. Invoices not including the proper purchase order number may experience delayed payment. ESUHSD payment terms are Net30. All invoices for payment must be submitted to, 830 North Capitol, San Jose, CA and shall be in sufficient detail to understand the service provided. (i.e. who provided the service, date of services, hours, description of service, etc.) ESUHSD reserves the right to audit Consultant s records when deemed necessary to verify information on invoice submitted. 1.24 INDEMNIFICATION AND INSURANCE REQUIREMENTS Indemnification. The Bidder will agree to indemnify, defend, and save harmless the ESUHSD, its officers, agents, employees, and volunteers from any and all claims and losses accruing or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of this agreement and from any and all claims and losses resulting to any person, firm, or corporation who may be injured or damaged by the Provider in the performance of this agreement. Insurance. The Bidder will maintain general liability insurance, automobile coverage, and workers compensation coverage in such an amount as specified in Attachment A included herein. ESUHSD shall be named as additional insured on a separate endorsement with respect to the general liability coverage. The Provider agrees to provide copies of the required policies of insurance to ESUHSD. A certificate of insurance or letter is required from Consultant's insurance broker indicating compliance or ability to comply with the insurance requirements as stated below shall be provided with Consultants' Proposals. Actual certificates and additional insured endorsements naming ESUHSD as additional insured will be required to be delivered prior to execution of the final contract if applicable. 1.25 ADMINISTRATIVE AND LEGAL REQUIREMENTS Bidders must meet Administrative and Legal Requirements included in this RFP and as outline in Attachment B, contained herein. 1.26 REFERENCES Consultants will provide at two (2) reference studies conducted by their firm and the individual/team proposed for ESUHSD s project of similar size and scope. Include clients names, addresses, contact name(s), phone/fax numbers, and brief description of project and outcomes.
Attachment B Administrative and Legal Requirements Page 1 of 5 1. Fingerprinting and Criminal Records Check. Vendor shall comply with all fingerprinting, background check and testing requirements under State and federal law including but not limited to the fingerprint requirements in Education Code section 45125.1 and the testing requirements in Education Code section 49406 (tuberculosis as to each employee/intern or other person which Vendor desires to place in the Program. Verification of compliance with this section shall be provided in writing to the ESUHSD prior to Vendors activities at any ESUHSD facility or program and prior to contact with students. A worker whom Vendor intends to place at ESUHSD shall be not be allowed to have contact with ESUHSD students until Vendor has provided written confirmation and certification to ESUHSD that the worker has undergone a fingerprint criminal background check conducted by the Department of Justice ( DOJ ) and the Federal Bureau of Investigation ( FBI ), and the worker has no pending criminal charges for violent or serious felonies as defined in Education Code section 45122.1, any sex offense as defined under Education Code section 44010, or any crime involving a controlled substance offense as defined under Education Code section 45123. Pursuant to Penal code section 11105.2(c), Vendor shall request from the DOJ notification of subsequent state or federal arrests or dispositions of pending criminal proceedings, for all workers whom Vendor desires to place at ESUHSD. Vendor agrees that it shall not allow any person to continue to work or volunteer or provide any services at ESUHSD pursuant to this MOU upon receiving a subsequent arrest report from the DOJ indicating that such person been arrested for violent or serious felonies as defined in Education Code section 45122.1, any sex offense as defined under Education Code section 44010, or any crime involving a controlled substance offense as defined under Education Code section 45123. 2. Health Examination. No person shall be initially allowed to interact with students unless he/she has placed on file with the Vendor or ESUHSD a certificate from a physician licensed under the Business and professions Code indicating that a tuberculosis examination within the past 60 days shows that he/she is free from active tuberculosis. The tuberculosis examination shall consist of an approved intradermal tuberculin test. An X-ray of the lungs shall be required only if the intradermal test is positive. (Education Code 49406). 3. Assignment. This agreement shall not be assigned by the vendor in whole or in part without the consent in writing from ESUHSD.
Attachment B Administrative and Legal Requirements Page 2 of 5 4. Successors and Assigns. This resulting contract shall be binding on the heirs, executors, administrators, successors, and assigns of the respective parties. 5. Governing Law and Jurisdiction. The Contract(s) will be governed and interpreted under the laws of the State of California. 6. Amendments; Waivers. Except as otherwise provided in the Contract including the License Contract if separate, no modification to either Contract will be binding unless in writing and signed by an authorized representative of both parties. 7. Severability. If a court of competent jurisdiction holds that any provision of the Contract (s) is invalid or unenforceable, the remaining portions of the Contract(s) will remain in full force and effect, and the parties will replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent of the parties and economic effect of the Contract(s). 8. Insurance In the event that vendor shall fail to maintain and keep in force the insurance requirements as stated in Attachment B of this RFP and certificates of insurance with the separate additional insured endorsements verifying insurance coverage ESUHSD shall have the right to modify, cancel and/or terminate the resulting contract forthwith and without notice. ESUHSD shall have the right to require higher levels of insurance if deemed necessary solely by ESUHSD. 9. Independent Contractor Vendors will perform all work and services described herein as an independent contractor and not as an officer, agent, servant or employee of ESUHSD. None of the provisions of any resulting contract is intended to create, nor will be deemed or construed to create, any relationship between the parties other than that of independent parties contracting with each other for purpose of effecting
Attachment B Administrative and Legal Requirements Page 3 of 5 the provisions of any resulting contract. The parties are not, and will not be construed to be, in a relationship of joint venture, partnership or employeremployee. Neither party will have the authority to make any statements, representations or commitments of any kind on behalf of the other party, except with the written consent of the other party. Vendors will be solely responsible for the acts and omissions of its officers, agents, employees, Vendors and subcontractors, if any. ESUHSD will be solely responsible for the acts and omissions of its officers, agents, employees, Vendors and subcontractors, if any. Vendors' personnel rendering services under any resulting contract will not have any of the rights or privileges of ESUHSD or State employees. Vendors and its agents, employees and subcontractors will not have any claim against the ESUHSD or State for any employment privileges and benefits, including but not limited to vacation pay, sick leave, retirement benefits, Social Security, workers compensation, unemployment benefits, disability benefits, etc. Notwithstanding any reference to a managed care plan or system of care, Vendors will act as an entity separate and apart from ESUHSD, and will be considered Independent Vendors for all purposes, including liability and litigation. 10. Non-Discrimination. No discrimination shall be made in the employment of persons under this agreement because of the race, religion, sex, age, national origin, ancestry, political affiliations, disability, medical condition, marital status, or sexual orientation. 11. Conflict of Interest. Before executing a Contract with ESUHSD, the Vendor shall disclose to the ESUHSD the identities of any board member, officer, or employee of the ESUHSD, or relatives thereof, who the Vendor knows of should know will have any financial interest resulting from this agreement. 12. Force Majeure. Except for the obligation to make payments, neither party will be liable for any failure or delay in its performance under the Contract(s) due to any cause beyond its reasonable control, including acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental acts including by not limited to failure or refusal to appropriate funds or failure of the Internet (not resulting from the actions or inactions of the vendor), provided that the delayed party: (a) gives the other party prompt notice of such cause, and (b)
Attachment B Administrative and Legal Requirements Page 4 of 5 uses its reasonable commercial efforts to promptly correct such failure or delay in performance. 13. Entire Contract. The final Contract(s) that is negotiated based on the results of this RFP shall supersedes all previous Contracts and representations of, between or on behalf of both parties with respect to its subject. The Contract(s) shall contain all of vendor and ESUHSD warranties, understandings, terms, conditions, covenants and representations. Neither the vendor nor ESUHSD will be liable for any Contracts, warranties, understandings, terms, conditions, covenants or representations not expressly set forth or referenced in the Contract(s). Any additional provisions in purchase orders, invoices or similar documents will be unenforceable. 14. Notices. Any notice under the Contract(s) must be in writing and will be deemed given upon the earlier of actual receipt or ten (10) days after being sent by first class mail, return receipt requested, to the address supplied by the vendor and to the address designated for receipt of notices, or as may be provided by both parties. 15. Non-Collusion. By submitting a proposal the vendor hereby represents and agrees that it has in no way entered into any contingent fee arrangement with any firm or person concerning the obtaining of the License Contract, and that the vendor firm has received from ESUHSD no incentive or special payments, or considerations not related to the provision of products and services described in the License Contract. 16. Payment Terms. ESUHSD shall pay the vendor, the fees specified in the Contract(s) within thirty (30) days from the date of invoice. 17. Cost of Bid Preparation ESUHSD will not pay any costs incurred in bid preparation, presentation, demonstration or negotiation, and does not commit to procure or contract for any services. All costs of proposal preparation shall be borne by the Vendor. 18. Confidential and Proprietary Information
Attachment B Administrative and Legal Requirements Page 5 of 5 All materials received in response to this Request for Qualifications may be made available to the public. If any part of a vendor s proposal is proprietary or confidential, the vendor must so identify and so state. ESUHSD reserves the right to retain all bids submitted, whether or not the bid was selected or judged to be responsive. All materials received in response to this Request for Proposal may be made available to the public to the extent required or permitted by law. If any part of a Vendor s proposal is proprietary or confidential, the Vendor must so identify and so state. ESUHSD reserves the right to retain all bids submitted, whether or not the bid was selected or judged to be responsive. Vendor understands and agrees that Vendor may have access to private or confidential information which may be owned or controlled by the ESUHSD and that such information may contain proprietary details, the disclosure of which to third parties will be damaging to the ESUHSD, its employees or students. Vendor also understands and agrees that the disclosure of such information may violate state and/or federal law and may subject the Vendor to civil liability and/or subject the ESUHSD to a loss of State and/or Federal funding. Consequently, Vendor agrees that all information disclosed by the ESUHSD to the Vendor, including all Pupil Records (as that term is defined in California Education Code Section 49076) shall be held in confidence and used only in performance of the Contract. Vendor shall exercise the same standard of care to protect such information as is used to protect its own proprietary data. Except as otherwise provided, all data provided to Vendor and its subcontractors and/or agents is confidential. Vendor shall become familiar with the State of California privacy laws, including HIPPA, and comply with HIPPA and all other laws pertaining to confidentiality of student information as they apply to the Vendor s performance of the work under Contract that is issued as a result of this RFQ. Vendor and the ESUHSD shall enter into a HIPAA Confidentiality Contract concurrent with the signing of a resulting Contract. Vendor shall retain records relating to services provided under this agreement in accordance with the ESUHSD s legal obligations to retain records as set forth in 5 CCR section 16020 et seq.
Attachment A Insurance Requirements Page 1 of 3 Page 1 of 3 Without limiting the Vendor's indemnification of ESUHSD, the Vendor shall provide and maintain at its own expense, during the term of the Contract(s), or as may be further required herein, the following insurance coverages and provisions: A. Evidence of Coverage Prior to commencement of a Contract, the Vendor shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained along a separate special endorsement executed by the insurance carrier which actually modifies the vendor s insurance policy to include ESUHSD as additionally insured. In addition, a certified copy of the policy or policies shall be provided by the Vendor upon request. This verification of coverage shall be sent to the Purchasing Department at ESUHSD, unless otherwise directed. The Vendor shall not receive a Notice to Proceed with the work under the Contract until it has obtained all insurance required and such insurance has been approved by the ESUHSD. This approval of insurance shall neither relieve nor decrease the liability of the Vendor. B. Qualifying Insurers All coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by ESUHSD. C. Insurance Required 1. Commercial General Liability Insurance - for bodily injury (including death) and property damage which provides limits as follows: a. Each occurrence - $1,000,000 b. General aggregate - $2,000,000 c. Products / Completed Operations aggregate - $2,000,000 d. Personal Injury - $1,000,000 A minimum of 50% of each of the aggregate limits must remain available at all times unless coverage is project specific. 2. General liability coverage shall include: a. Premises and Operations b. Products/Completed c. Contractual liability, expressly including liability assumed under the resulting contract. d. Personal Injury liability e. Owners' and Vendors' Protective liability f. Severability of interest 3. General liability coverage shall include the following endorsements, copies of which shall be provided to ESUHSD:
Attachment A Insurance Requirements Page 2 of 3 a. Additional Insured Endorsement: Page 2 of 3 Insurance afforded by this policy shall also apply to ESUHSD, and members of the Board of Trustees, and the officers, agents, and employees of the ESUHSD, individually and collectively, as additional insureds. Such insurance shall also apply to any municipality in which the work occurs and they shall be named on the policy as additional insured (if applicable). b. Primary Insurance Endorsement: Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the ESUHSD, its officers, agents, and employees shall be excess only and not contributing with insurance provided under this policy. c. Notice of Cancellation or Change of Coverage Endorsement: Insurance afforded by this policy shall not be canceled or changed so as to no longer meet the specified ESUHSD insurance requirements without 30 days' prior written notice of such cancellation or change being delivered to the ESUHSD. d. Contractual Liability Endorsement: Insurance afforded by this policy shall apply to liability assumed by the insured under written contract with the ESUHSD. 4. Automobile Liability Insurance For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non-owned and hired vehicles. 5. Workers' Compensation and Employer's Liability Insurance a. Statutory California Workers' Compensation coverage including broad form all-states coverage. b. Employer's Liability coverage for not less than one million dollars ($1,000,000) per occurrence. 6. Professional Errors and Omissions Liability Insurance a. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per occurrence/aggregate. b. If coverage contains a deductible or self-retention, it shall not be greater than twentyfive thousand dollars ($25,000) per occurrence/event. 7. Claims Made Coverage If coverage is written on a claim made basis, the Certificate of Insurance shall clearly state so. In addition to coverage requirements above, such policy shall provide that:
Page 3 of 3 Attachment A Insurance Requirements Page 3 of 3 a. Policy retroactive date coincides with or precedes the Consultant's start of work (including subsequent policies purchased as renewals or replacements). b. Consultant will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds. c. If insurance is terminated for any reason, Consultant agrees to purchase an extended reporting provision of at least two years to report claims arising from work performed in connection with this Agreement or Permit. d. Policy allows for reporting of circumstances or incidents that might give rise to future claims. D. Special Provisions The following provisions shall apply to the resulting contract: 1. The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Vendor and any approval of said insurance by the ESUHSD or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Vendor pursuant to the resulting contract, including but not limited to the provisions concerning indemnification. 2. The ESUHSD acknowledges that some insurance requirements contained in the resulting contract may be fulfilled by self-insurance on the part of the Vendor. However, this shall not in any way limit liabilities assumed by the Vendor under the resulting contract. Any self-insurance shall be approved in writing by the ESUHSD upon satisfactory evidence of financial capacity. Vendor s obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance programs or self-insurance retentions. 3. Should any of the work under the resulting contract be sublet, the Vendor shall require each of its subvendors of any tier to carry the aforementioned coverages, or Vendor may insure subvendors under its own policies. 4. The ESUHSD reserves the right to withhold payments to the Vendor in the event of material noncompliance with the insurance requirements outlined above.
Attachment C Administrative and Legal Requirements Page 1 of 5 Description Tag # Location Site Dept Acq Date Disp Date Manufacturer Model Unit Cost BUS, SCHOOL 45 66534 0005 - FOOTHILL HIGH SCHOOL 20 1/1/1999 FORD GIRARDIN M $46,000.00 TRUCK, PICKUP 70320 0025 - ANDREW HILL HIGH SCHOO 0 1/1/1970 CHEVROLET C/10 $40,000.00 TRUCK, PICKUP 53C 8012397 0025 - ANDREW HILL HIGH SCHOO 19 1/1/1981 DATSUN N/A $4,500.00 TRUCK, PICKUP 65258 0030 - JAMES LICK HIGH SCHOOL 0 1/1/1987 12/20/2012 DODGE D-250 $13,800.00 TRUCK, PICKUP 217052 0030 - JAMES LICK HIGH SCHOOL 0 1/1/1970 CHEVROLET C/10 $40,000.00 TRUCK, PICKUP 20MP 99374 0035 - MOUNT PLEASANT HIGH SC 0 1/1/1991 DODGE D-150 $6,300.00 TRUCK, PICKUP 14450 0040 - W.C. OVERFELT HIGH SCHO 0 1/1/1972 12/20/2012 CHEVROLET C/10 $4,000.00 TRUCK, PICKUP 55W0 401457 0040 - W.C. OVERFELT HIGH SCHO 0 1/1/1991 DODGE D-150 $6,300.00 TRUCK, PICKUP 1424478 0045 - PIEDMONT HILLS HIGH SCH 0 1/1/1972 CHEVROLET C/10 $40,000.00 VAN 9PH 96543 0045 - PIEDMONT HILLS HIGH SCH 19 1/1/1991 DODGE D-250 $8,500.00 TRUCK, PICKUP 540G 31952 0050 - OAK GROVE HIGH SCHOOL 0 1/1/1988 CHEVROLET C/10 $5,200.00 TRUCK, PICKUP 9012103 0050 - OAK GROVE HIGH SCHOOL 0 1/1/1982 DATSUN N/A $30,500.00 VAN 45FS 14079 0052 - EDUCATION CENTER 0 9/27/2002 FORD ECONOLINE $20,000.00 TRUCK, PICKUP 24TC 15540 0052 - EDUCATION CENTER 0 5/1/2002 DODGE RAM $20,000.00 2002 CHEVY MALIBU, SEDAN 83DP 13920 0052 - EDUCATION CENTER 13 9/17/2002 CHEVROLET MALIBU, 20 $17,000.00 TRUCK, PICKUP 32762 0052 - EDUCATION CENTER 13 1/1/1987 12/20/2012 DODGE D-50 $8,000.00 VAN 28M 50201 0052 - EDUCATION CENTER 13 1/1/1991 FORD AEROSTAR $14,400.00 VAN 2TC 110746 0052 - EDUCATION CENTER 13 1/1/1991 CHEVROLET 1/2 TON $19,250.00 2003 CHEV ASTRO VAN 100W 18652 0052 - EDUCATION CENTER 17 9/22/2003 CHEVROLET ASTRO VAN $19,000.00 2003 CHEVROLET ASTRO VAN TRUCK 19475 0052 - EDUCATION CENTER 17 8/26/2003 CHEVROLET ASTRO VAN $19,000.00 CHEVROLET 2001 S-10 #18M PICK 13906 0052 - EDUCATION CENTER 19 5/24/2001 CHEVROLET S-10 PICK $15,800.00 2001 DODGE RAM 1500 CARGO VAN 13909 0052 - EDUCATION CENTER 19 6/7/2001 DODGE 15M RAM 1500 C $19,000.00 TRUCK, PICKUP 2002 2C 13921 0052 - EDUCATION CENTER 19 9/17/2002 CHEVROLET 1500 P/U 2 $18,500.00 2001 CHEVROLET S-10 PICK UP 74 13960 0052 - EDUCATION CENTER 19 6/7/2001 CHEVROLET S-10 PICK $17,000.00 2001 DODGE RAM 1500 VAN 66G 13961 0052 - EDUCATION CENTER 19 6/1/2001 DODGE RAM RAM 1500 V $19,000.00 IFW 3500 BED SLIDE 15069 0052 - EDUCATION CENTER 19 4/8/2002 IFW 3500 $500.00 WEATHER GUARD 124-5 CROSS BOX 15070 0052 - EDUCATION CENTER 19 4/8/2002 124-5 $500.00 2002 DODGE RAM 1500 VAN 5M 19466 0052 - EDUCATION CENTER 19 5/20/2002 DODGE RAM 1500, $19,700.00 2000 CHEVY 1500 SILVERADO 30P 19487 0052 - EDUCATION CENTER 19 4/28/2003 CHEVY 2000 $8,500.00 TRAILER 21491 0052 - EDUCATION CENTER 19 1/1/1969 12/20/2012 ZIEMAN 9999 $5,000.00 VAN 14M 24367 0052 - EDUCATION CENTER 19 1/1/1996 FORD E-250 $20,350.00 SEDAN 89DP 26740 0052 - EDUCATION CENTER 19 1/1/1995 CHEVROLET CORSICA $9,500.00 TRUCK, UTILITY 12M 27070 0052 - EDUCATION CENTER 19 1/1/1986 FORD F-700 $12,450.00 TRAILER 28569 0052 - EDUCATION CENTER 19 1/1/1989 12/20/2012 ORLANDI 1989 TRAIL $5,500.00 TRAILER 28570 0052 - EDUCATION CENTER 19 1/1/1969 12/20/2012 ORLANDI 1989 TRAIL $5,000.00 SEDAN 88M 29773 0052 - EDUCATION CENTER 19 1/1/1995 CHEVROLET CORSICA $9,500.00 TRUCK, PICKUP 1C 29835 0052 - EDUCATION CENTER 19 1/1/1989 CHEVY $9,750.00 VAN 50C 29839 0052 - EDUCATION CENTER 19 1/1/1999 DODGE B150 $20,200.00 TRUCK, PICKUP 8M 33070 0052 - EDUCATION CENTER 19 1/1/1987 DODGE D-50 $6,700.00 TRUCK, PICKUP 33217 0052 - EDUCATION CENTER 19 1/1/1987 12/20/2012 DODGE $6,500.00 AUTOMOBILE 95M 33977 0052 - EDUCATION CENTER 19 1/1/1994 FORD L8000 $40,800.00
Attachment C Administrative and Legal Requirements Page 1 of 5 VAN 76M 36142 0052 - EDUCATION CENTER 19 1/1/1992 DODGE B250 $17,900.00 VAN 73P 41052 0052 - EDUCATION CENTER 19 1/1/1992 DODGE B250 $17,900.00 VAN 71P 41053 0052 - EDUCATION CENTER 19 1/1/1992 DODGE B250 $17,900.00 VAN 47258 0052 - EDUCATION CENTER 19 1/1/1981 12/20/2012 CHEVROLET G30 $12,000.00 VAN 21TC 50161 0052 - EDUCATION CENTER 19 1/1/1990 FORD AEROSTAR $17,000.00 AUTOMOBILE 10M 52364 0052 - EDUCATION CENTER 19 1/1/1999 DODGE B250 $13,000.00 TRUCK, PICKUP 87M 52424 0052 - EDUCATION CENTER 19 1/1/2000 DODGE B1500 $19,600.00 VAN 41M 54533 0052 - EDUCATION CENTER 19 1/1/1990 FORD AEROSTAR $14,400.00 TRAILER 55569 0052 - EDUCATION CENTER 19 1/1/1969 12/20/2012 1969 TRAIL $5,000.00 VAN 56252 0052 - EDUCATION CENTER 19 1/1/1981 12/20/2012 DODGE B350 $5,900.00 TRAILER 4G 60737 0052 - EDUCATION CENTER 19 1/1/1997 TOWMA TOWMA $5,500.00 TRUCK, PICKUP 47M 70362 0052 - EDUCATION CENTER 19 1/1/1987 CHEVROLET S-10 $4,800.00 TRUCK, PICKUP 23M 76162 0052 - EDUCATION CENTER 19 1/1/1988 DODGE D-150 $6,500.00 TRUCK, PICKUP 65G 77125 0052 - EDUCATION CENTER 19 1/1/1978 CHEVROLET $4,800.00 TRUCK, PICKUP 81629 0052 - EDUCATION CENTER 19 1/1/1990 12/20/2012 FORD RANGER $9,400.00 TRUCK, PICKUP 48M 81630 0052 - EDUCATION CENTER 19 1/1/1990 FORD RANGER $9,400.00 SEDAN 88496 0052 - EDUCATION CENTER 19 1/1/1987 12/20/2012 DODGE ARIES $10,800.00 TRUCK, PICKUP 63G 93955 0052 - EDUCATION CENTER 19 1/1/1991 DODGE D-250 $16,700.00 TRUCK, PICKUP 64G 93956 0052 - EDUCATION CENTER 19 1/1/1991 DODGE D-250 $16,700.00 TRUCK, PICKUP 84M 95972 0052 - EDUCATION CENTER 19 1/1/1999 CHEVROLET C1500 $17,000.00 VAN 111505 0052 - EDUCATION CENTER 19 1/1/1981 12/20/2012 CHEVROLET N/A $11,550.00 TRUCK, PICKUP 114385 0052 - EDUCATION CENTER 19 1/1/1972 12/20/2012 CHEVROLET C/20 $7,500.00 AUTOMOBILE 116116 0052 - EDUCATION CENTER 19 1/1/1975 12/20/2012 DODGE SPORTSMAN $6,500.00 TRUCK, PICKUP 85M 208343 0052 - EDUCATION CENTER 19 1/1/1999 CHEVROLET C1500 $17,000.00 TRUCK, PICKUP 86F 213930 0052 - EDUCATION CENTER 19 1/1/1999 CHEVROLET C1500 $17,000.00 TRUCK, PICKUP 67G 319867 0052 - EDUCATION CENTER 19 1/1/1989 DODGE B250 $14,550.00 VAN 425016 0052 - EDUCATION CENTER 19 1/1/1990 FORD AEROSTAR $16,000.00 TRAILER 500101 0052 - EDUCATION CENTER 19 1/1/1989 12/20/2012 $5,500.00 VAN 62G 504588 0052 - EDUCATION CENTER 19 1/1/2000 FORD F-753 $36,000.00 TRAILER 520035 0052 - EDUCATION CENTER 19 1/1/1969 12/20/2012 WELDING TR $2,500.00 VAN 79C 618421 0052 - EDUCATION CENTER 19 1/1/1992 DODGE D-250 $17,900.00 TRUCK, PICKUP 75P 618467 0052 - EDUCATION CENTER 19 1/1/1992 DODGE D-250 $17,900.00 TRUCK, PICKUP 4P 820784 0052 - EDUCATION CENTER 19 1/1/1987 CHEVROLET S-10 $9,700.00 TRUCK, PICKUP 8207181 0052 - EDUCATION CENTER 19 1/1/1987 12/20/2012 CHEVROLET S-10 1987 $9,700.00 TRUCK, PICKUP 42002346 0052 - EDUCATION CENTER 19 1/1/1979 12/20/2012 TOYOTA $6,300.00 TRUCK, PICKUP 248006988 0052 - EDUCATION CENTER 19 1/1/1978 12/20/2012 CHEVROLET C/20 $6,700.00 VAN 18337 0052 - EDUCATION CENTER 19 1/1/1978 CHEVROLET $70,050.00 TRUCK, UTILITY 23988 0052 - EDUCATION CENTER 19 1/1/1967 GMC FLAT BED $50,500.00 TRUCK, PICKUP 43805 0052 - EDUCATION CENTER 19 1/1/1977 TOYOTA $60,000.00 VAN 47308 0052 - EDUCATION CENTER 19 1/1/1977 DODGE B200 $30,800.00 TRUCK, DUMP 53921 0052 - EDUCATION CENTER 19 1/1/1972 FORD F-700 $200,000.00 VAN 54881 0052 - EDUCATION CENTER 19 1/1/1994 DODGE CARAVAN $160,500.00
Attachment C Administrative and Legal Requirements Page 1 of 5 TRUCK, PICKUP 70475 0052 - EDUCATION CENTER 19 1/1/1970 CHEVROLET $30,700.00 TRUCK, UTILITY 88189 0052 - EDUCATION CENTER 19 1/1/1966 FORD F-600 $40,700.00 FREIGHTLINER 95951 0052 - EDUCATION CENTER 19 1/1/1981 FREIGHTLINER CABOVER $520,300.00 SEDAN 308499 0052 - EDUCATION CENTER 19 1/1/1987 DODGE ARIES $100,800.00 SEDAN 308505 0052 - EDUCATION CENTER 19 1/1/1987 DODGE ARIES $100,800.00 SEDAN 308507 0052 - EDUCATION CENTER 19 1/1/1987 DODGE ARIES $100,800.00 TRUCK, PICKUP 719721 0052 - EDUCATION CENTER 19 1/1/1978 FORD F-700 $90,400.00 THOMAS 84 PASSENGER SCHOOL BUS 13922 0052 - EDUCATION CENTER 20 1/17/2002 THOMAS 60 1415S 2002 $15,000.00 BUS 13923 0052 - EDUCATION CENTER 20 9/17/2002 THOMAS DIESEL #61 $15,000.00 BUS 13924 0052 - EDUCATION CENTER 20 9/17/2002 THOMAS CNG #31 $15,000.00 BUS 13925 0052 - EDUCATION CENTER 20 9/17/2002 THOMAS CNG #29 $15,000.00 BUS 13926 0052 - EDUCATION CENTER 20 9/17/2002 THOMAS CNG #32 $15,000.00 BUS 13927 0052 - EDUCATION CENTER 20 9/18/2002 THOMAS CNG #64 $15,000.00 VAN V004 13928 0052 - EDUCATION CENTER 20 9/18/2002 CHEVROLET ASTRO VAN $22,000.00 VAN V005 13929 0052 - EDUCATION CENTER 20 9/18/2002 CHEVROLET ASTRO VAN $22,000.00 THOMAS SAFETY 84 PASSENGER SCH 15075 0052 - EDUCATION CENTER 20 4/19/2002 THOMAS 62 1415S/2003 $15,000.00 THOMAS SAF T-LINER 84 SCHOOL B 15078 0052 - EDUCATION CENTER 20 4/19/2002 THOMAS 63 140HS/2003 $15,000.00 THOMAS SAF-T-LINER 84 PASSENGE 15079 0052 - EDUCATION CENTER 20 4/19/2002 THOMAS 33 1415S/2002 $15,000.00 THOMAS SAF-T-LINER 84 PASSENGE 15080 0052 - EDUCATION CENTER 20 4/19/2002 THOMAS 35 140HS/2002 $15,000.00 THOMAS 84 PASSENGER DIESEL SCH 15997 0052 - EDUCATION CENTER 20 1/17/2002 THOMAS #007 $15,000.00 THOMAS 84 PASSENGER DIESEL SCH 15998 0052 - EDUCATION CENTER 20 1/17/2002 THOMAS #30 $15,000.00 BUS, SCHOOL 32926 0052 - EDUCATION CENTER 20 1/1/1990 12/20/2012 FORD MINI-BUS $38,750.00 TRUCK, PICKUP T097 42833 0052 - EDUCATION CENTER 20 1/1/1990 FORD $13,000.00 VAN 43W 44291 0052 - EDUCATION CENTER 20 1/1/1992 GMC 1/2 TON $12,000.00 VAN 50151 0052 - EDUCATION CENTER 20 1/1/1990 12/20/2012 FORD AEROSTAR $14,400.00 VAN 46W 66038 0052 - EDUCATION CENTER 20 1/1/1997 FORD E-250 $15,000.00 BUS, SCHOOL 070 66525 0052 - EDUCATION CENTER 20 1/1/1999 GIRARDIN MINI-BUS $47,100.00 BUS, SCHOOL 082 66526 0052 - EDUCATION CENTER 20 1/1/1999 GIRARDIN MINI-BUS $47,100.00 BUS, SCHOOL 083 66527 0052 - EDUCATION CENTER 20 1/1/1999 GIRARDIN MINI-BUS $47,100.00 BUS, SCHOOL 088 70288 0052 - EDUCATION CENTER 20 1/1/1993 FORD MINI-BUS $41,750.00 BUS, SCHOOL 70289 0052 - EDUCATION CENTER 20 1/1/1993 12/20/2012 FORD MINI-BUS $41,750.00 BUS, SCHOOL 70290 0052 - EDUCATION CENTER 20 1/1/1993 12/20/2012 FORD MINI-BUS $41,750.00 BUS, SCHOOL 102116 0052 - EDUCATION CENTER 20 1/1/1981 12/20/2012 CROWN TYPE 1 $33,200.00 BUS, SCHOOL 011 102134 0052 - EDUCATION CENTER 20 1/1/1989 CROWN TYPE 1 $21,000.00 BUS, SCHOOL 102263 0052 - EDUCATION CENTER 20 1/1/1981 12/20/2012 CROWN TYPE 1 $33,200.00 BUS, SCHOOL 102265 0052 - EDUCATION CENTER 20 1/1/1981 12/20/2012 CROWN TYPE 1 $33,200.00 BUS, SCHOOL 102267 0052 - EDUCATION CENTER 20 1/1/1981 12/20/2012 CROWN TYPE 1 $33,200.00 BUS, SCHOOL 102279 0052 - EDUCATION CENTER 20 1/1/1981 12/20/2012 CROWN TYPE 1 $33,200.00 BUS, SCHOOL 102280 0052 - EDUCATION CENTER 20 1/1/1981 12/20/2012 CROWN TYPE 1 $33,200.00 BUS, SCHOOL 57 102281 0052 - EDUCATION CENTER 20 1/1/1981 CROWN TYPE 1 $33,200.00 BUS, SCHOOL 102282 0052 - EDUCATION CENTER 20 1/1/1981 12/20/2012 CROWN TYPE 1 $33,200.00 TRUCK, PICKUP T099 114580 0052 - EDUCATION CENTER 20 1/1/1972 CHEVROLET $4,500.00
Attachment C Administrative and Legal Requirements Page 1 of 5 BUS, SCHOOL 256164 0052 - EDUCATION CENTER 20 1/1/1978 12/20/2012 DODGE SUPERIOR M $5,200.00 BUS, SCHOOL 310354 0052 - EDUCATION CENTER 20 1/1/1994 12/20/2012 FORD MINI-BUS $42,000.00 TRUCK, PICKUP 44W 518880 0052 - EDUCATION CENTER 20 1/1/1994 FORD F-800 $14,000.00 BUS, SCHOOL 087 607464 0052 - EDUCATION CENTER 20 1/1/1991 FORD MINI-BUS $40,400.00 18 Passenger Bus, Corbeil, #14 1070445 0052 - EDUCATION CENTER 20 4/24/2003 FORD 2003 $49,000.00 18 Passenger Bus, Corbeil, #20 1070446 0052 - EDUCATION CENTER 20 4/24/2003 FORD 2003 $49,000.00 18 Passenger Bus, Corbeil, #21 1070447 0052 - EDUCATION CENTER 20 4/24/2003 FORD 2003 $49,000.00 18 Passenger Bus, Corbeil, #16 1070448 0052 - EDUCATION CENTER 20 4/24/2003 FORD 2003 $49,000.00 18 Passenger Bus, Corbeil, #17 1070449 0052 - EDUCATION CENTER 20 4/24/2003 FORD 2003 $49,000.00 18 Passenger Bus, Corbeil, #22 1070502 0052 - EDUCATION CENTER 20 6/1/2003 FORD 2001 $49,000.00 18 Passenger Bus, Corbeil, #23 1070503 0052 - EDUCATION CENTER 20 6/1/2003 FORD 2001 $49,000.00 18 Passenger Bus, Corbeil, #27 1089282 0052 - EDUCATION CENTER 20 7/24/2003 FORD 2001 $49,000.00 18 Passenger Bus, Corbeil, #24 1089283 0052 - EDUCATION CENTER 20 7/24/2003 FORD 2001 $49,000.00 18 Passenger Bus, Corbeil, #25 1089284 0052 - EDUCATION CENTER 20 7/24/2003 FORD 2001 $49,000.00 18 Passenger Bus, Corbeil, #43 1089467 0052 - EDUCATION CENTER 20 5/22/2004 FORD 2003 $49,000.00 18 Passenger Bus, Corbeil, #54 1089468 0052 - EDUCATION CENTER 20 5/22/2004 FORD 2003 $49,000.00 18 Passenger Bus, Corbeil, #49 1089469 0052 - EDUCATION CENTER 20 5/22/2004 FORD 2003 $49,000.00 18 Passenger Bus, Corbeil, #39 1089470 0052 - EDUCATION CENTER 20 5/22/2004 FORD 2003 $49,000.00 18 Passenger Bus, Corbeil, #38 1089471 0052 - EDUCATION CENTER 20 5/22/2004 FORD 2003 $49,000.00 18 Passenger Bus, Corbeil, #37 1089472 0052 - EDUCATION CENTER 20 5/22/2004 FORD 2003 $49,000.00 18 Passenger Bus, Corbeil, #55 1089473 0052 - EDUCATION CENTER 20 5/22/2004 FORD 2003 $49,000.00 18 Passenger Bus, Corbeil, #51 1089474 0052 - EDUCATION CENTER 20 5/22/2004 FORD 2003 $49,000.00 18 Passenger Bus, Corbeil, #44 1089475 0052 - EDUCATION CENTER 20 5/22/2004 FORD 2003 $49,000.00 18 Passenger Bus, Corbeil, #53 1089476 0052 - EDUCATION CENTER 20 5/22/2004 FORD 2003 $49,000.00 18 Passenger Bus, Corbeil, #26 1089477 0052 - EDUCATION CENTER 20 5/22/2004 FORD 2003 $49,000.00 24/1 WHEELCHAIR BUS,#101 1348705 0052 - EDUCATION CENTER 20 4/15/2010 THOMAS 2008 $79,000.00 24/1 WHEELCHAIR BUS,#107 1348773 0052 - EDUCATION CENTER 20 5/1/2010 THOMAS 2008 $79,000.00 24/1 WHEELCHAIR BUS,#103 1348774 0052 - EDUCATION CENTER 20 5/1/2010 THOMAS 2008 $79,000.00 24/1 WHEELCHAIR BUS,#102 1348775 0052 - EDUCATION CENTER 20 5/1/2010 THOMAS 2008 $79,000.00 24/1 WHEELCHAIR BUS,#105 1348787 0052 - EDUCATION CENTER 20 5/1/2010 THOMAS 2008 $79,000.00 24/1 WHEELCHAIR BUS,#104 1348788 0052 - EDUCATION CENTER 20 5/1/2010 THOMAS 2008 $79,000.00 24/1 WHEELCHAIR BUS,#106 1348789 0052 - EDUCATION CENTER 20 5/1/2010 THOMAS 2008 $79,000.00 BUS, SCHOOL 18707 0052 - EDUCATION CENTER 20 1/1/1977 $210,000.00 BUS, SCHOOL 18774 0052 - EDUCATION CENTER 20 1/1/1977 $210,000.00 BUS, SCHOOL 19229 0052 - EDUCATION CENTER 20 1/1/1977 $210,000.00 BUS, SCHOOL 22373 0052 - EDUCATION CENTER 20 1/1/1989 FORD MINI-BUS $370,700.00 BUS, SCHOOL 22374 0052 - EDUCATION CENTER 20 1/1/1989 FORD MINI-BUS $370,700.00 BUS, SCHOOL 22379 0052 - EDUCATION CENTER 20 1/1/1989 FORD MINI-BUS $370,700.00 BUS, SCHOOL 22380 0052 - EDUCATION CENTER 20 1/1/1989 FORD MINI-BUS $370,700.00 BUS, SCHOOL 22381 0052 - EDUCATION CENTER 20 1/1/1989 FORD MINI-BUS $370,700.00 BUS, SCHOOL 22382 0052 - EDUCATION CENTER 20 1/1/1989 FORD MINI-BUS $370,700.00 BUS, SCHOOL 22386 0052 - EDUCATION CENTER 20 1/1/1989 FORD MINI-BUS $370,700.00
Attachment C Administrative and Legal Requirements Page 1 of 5 BUS, SCHOOL 23089 0052 - EDUCATION CENTER 20 1/1/1989 FORD MINI-BUS $370,700.00 BUS, SCHOOL 24991 0052 - EDUCATION CENTER 20 1/1/1990 FORD MINI-BUS $380,750.00 BUS, SCHOOL 32919 0052 - EDUCATION CENTER 20 1/1/1990 FORD MINI-BUS $380,750.00 BUS, SCHOOL 32922 0052 - EDUCATION CENTER 20 1/1/1990 FORD MINI-BUS $380,750.00 BUS, SCHOOL 32923 0052 - EDUCATION CENTER 20 1/1/1989 FORD MINI-BUS $540,100.00 BUS, SCHOOL 32924 0052 - EDUCATION CENTER 20 1/1/1990 FORD MINI-BUS $380,750.00 BUS, SCHOOL 32925 0052 - EDUCATION CENTER 20 1/1/1990 FORD MINI-BUS $380,750.00 BUS, SCHOOL 36240 0052 - EDUCATION CENTER 20 1/1/1972 CROWN TYPE 1 $210,000.00 BUS, SCHOOL 37244 0052 - EDUCATION CENTER 20 1/1/1974 CROWN TYPE 1 $210,000.00 VAN 40614 0052 - EDUCATION CENTER 20 1/1/1998 FORD E-350 $430,000.00 VAN 40616 0052 - EDUCATION CENTER 20 1/1/1998 FORD E-350 $430,000.00 VAN 40621 0052 - EDUCATION CENTER 20 1/1/1998 FORD E-350 $430,000.00 VAN 40622 0052 - EDUCATION CENTER 20 1/1/1998 FORD E-350 $430,000.00 VAN 40624 0052 - EDUCATION CENTER 20 1/1/1998 FORD E-350 $430,000.00 VAN 40627 0052 - EDUCATION CENTER 20 1/1/1998 FORD E-350 $430,000.00 TRUCK, PICKUP 58103 0052 - EDUCATION CENTER 20 1/1/1968 FORD F-600 $40,260.00 BUS, SCHOOL 62867 0052 - EDUCATION CENTER 20 1/1/1989 FORD MINI-BUS $370,700.00 TRUCK, PICKUP 71411 0052 - EDUCATION CENTER 20 1/1/1974 FORD F-350 $40,500.00 BUS, SCHOOL 75706 0052 - EDUCATION CENTER 20 1/1/1990 FORD MINI-BUS $380,750.00 BUS, SCHOOL 75710 0052 - EDUCATION CENTER 20 1/1/1990 FORD MINI-BUS $380,750.00 BUS, SCHOOL 75711 0052 - EDUCATION CENTER 20 1/1/1990 FORD MINI-BUS $380,750.00 BUS, SCHOOL 75713 0052 - EDUCATION CENTER 20 1/1/1989 FORD MINI-BUS $540,100.00 BUS, SCHOOL 102117 0052 - EDUCATION CENTER 20 1/1/1989 CROWN TYPE 1 $540,100.00 BUS, SCHOOL 102132 0052 - EDUCATION CENTER 20 1/1/1989 CROWN TYPE 1 $540,100.00 BUS, SCHOOL 102133 0052 - EDUCATION CENTER 20 1/1/1989 CROWN TYPE 1 $540,100.00 SEDAN 308395 0052 - EDUCATION CENTER 20 1/1/1987 DODGE AIRES $100,800.00 VAN 383662 0052 - EDUCATION CENTER 20 1/1/1978 FORD E-350 $60,200.00 AUTOMOBILE 401098 0052 - EDUCATION CENTER 20 1/1/1974 HARLEY DE-40 GC $50,000.00 BUS, SCHOOL 83519111 0052 - EDUCATION CENTER 20 1/1/1977 $210,000.00 BUS, SCHOOL 83519197 0052 - EDUCATION CENTER 20 1/1/1977 $210,000.00 STERLING ROLLOFF GARBAGE TRUCK 13908 0052 - EDUCATION CENTER 52 2/13/2001 STERLING 96M LT8500 TRU $99,800.00 1992 FOR E-150 VAN 20G 19525 0052 - EDUCATION CENTER 6/7/1905 FORD 1992 VAN $0.00 18 PASS 2004 CORBEIL BUS #66 21220 0052 - EDUCATION CENTER 4/18/1905 CORBEIL 2004 $60,000.00 18 PASS 2004 CORBEIL BUS #67 21221 0052 - EDUCATION CENTER 4/18/1905 CORBEIL 2004 $60,000.00 18 PASS 2004 CORBEIL BUS #68 21222 0052 - EDUCATION CENTER 4/18/1905 CORBEIL 2004 $60,000.00 18 PASS 2004 CORBEIL BUS #69 21223 0052 - EDUCATION CENTER 4/18/1905 CORBEIL 2004 $60,000.00 18 PASS 2004 CORBEIL BUS #71 21224 0052 - EDUCATION CENTER 4/18/1905 CORBEIL 2004 $60,000.00 18 PASS 2004 CORBEIL BUS #72 21225 0052 - EDUCATION CENTER 4/18/1905 CORBEIL 2004 $60,000.00 18 PASS 2004 CORBEIL BUS #73 21226 0052 - EDUCATION CENTER 4/18/1905 CORBEIL 2004 $60,000.00 BUS 18 PASSENGER, AMBULATORY 304000081 0052 - EDUCATION CENTER 6/30/2004 $51,587.00 BUS, WHEELCHAIR 304000082 0052 - EDUCATION CENTER 6/30/2004 $66,363.00 TRUCK, PICKUP 14436 0055 - SILVER CREEK HIGH SCHOO 0 1/1/1992 DODGE D-150 $80,900.00
Attachment C Administrative and Legal Requirements Page 1 of 5 TRUCK, PICKUP 17M 40770 0055 - SILVER CREEK HIGH SCHOO 19 1/1/1988 CHEVROLET S-10 $9,750.00 1996 FORD TRUCK RANGER 60SC 19527 0055 - SILVER CREEK HIGH SCHOOL 9/1/1905 FORD 1996 $2,115.00 TRUCK, PICKUP 35YB 42931 0060 - YERBA BUENA HIGH SCHOO 0 1/1/1987 DODGE D-250 $13,800.00 TRUCK, PICKUP 82818 0060 - YERBA BUENA HIGH SCHOO 0 1/1/1974 DODGE D-100 $40,300.00 TRUCK, DUMP 15584 0065 - INDEPENDENCE HIGH SCHO 0 1/9/2003 CUSHMAN TITAN $8,000.00 TRUCK, DUMP 15585 0065 - INDEPENDENCE HIGH SCHO 0 1/9/2003 CUSHMAN TITAN $8,000.00 TRUCK, PICKUP 96541 0065 - INDEPENDENCE HIGH SCHO 20 1/1/1987 12/20/2012 DODGE D-250 $6,500.00 TRUCK, PICKUP 6M 209600 0070 - SANTA TERESA HIGH SCHOO 19 1/1/1987 CHEVROLET S-10 $9,700.00 TRUCK, PICKUP 56EV 13913 0075 - EVERGREEN VALLEY HIGH S 0 9/17/2002 FORD F150 $18,150.00
Exhibit 1 General Vendor Information/Signature Page Page 1 of 2 The Vendor shall furnish the following information. Failure to comply with this requirement will render the proposal informal and may cause its rejection. Please fill out the un-shaded sections in the form below. Also, additional sheets may be attached if necessary. "You" or "your" as used herein refers to the vendor's firm and any of its officers, directors, shareholders, parties and principals. Firm Name Firm Address General Vendor Information/Signature Page Firm Telephone Type of Firm Individual (Mark an X for the appropriate Partnership one) Corporation Joint Venture Primary Contact Name Primary Contact Number Primary Contact Fax number Primary Contact Email address How many years has your organization been in business under your present business name and license number? Has your organization changed names in the past ten years? Have the company filed bankruptcy in the last ten years? (Please answer Yes or No) If Yes, explain Are you currently or within the past five (5) years been involved in litigation with any public agency particularly any school district? (Please answer Yes or No) If Yes, explain, and provide case name and number: Have you been assessed liquidated damages for any project in the past three years? (Please answer Yes or No) If Yes, explain: Will your company allow other school districts and community college districts, any public corporation or agency, including any county, city, town or public corporation or agency within the State of California, the right to purchase identical item(s) at the same price and at the same terms and conditions? ( piggyback ) Acceptance or rejection of this clause will not affect the outcome of this RFP. (Please answer Yes or No)
Exhibit 1 General Vendor Information/Signature Page Page 2 of 2 Vendor's Representations Vendor understands, agrees, and warrants: 1. That Vendor has carefully read and fully understands the information that was provided by ESUHSD to serve as the basis for submission of this proposal. 2. That Vendor has the capability to successfully undertake and complete the responsibilities and obligations of the proposal being submitted. 3. That all information contained in the proposal is true and correct to the best of Vendor's knowledge. 4. That Vendor did not, in any way, collude, conspire or agree, directly or indirectly, with any person, firm, corporation or other Vendor in regard to the amount, terms, or conditions of this proposal. 5. That Vendor did not receive unauthorized information from: Any ESUHSD staff member or Consultant during the Proposal period except as provided for in the Request for Proposal package, addenda thereto, or the pre-proposal conference, if applicable. 6. That by submission of this proposal, the Vendor acknowledges that ESUHSD has the right to make any inquiry it deems appropriate to substantiate or supplement information supplied by Vendor and Vendor hereby grants ESUHSD permission to make said inquiries, and to provide any and all requested documentation in a timely manner. 7. That funding for any resulting contract is contingent on adequacy and availability. 9. To comply with ESUHSD s insurance provisions, to provide appropriate indemnification for ESUHSD and to hold ESUHSD harmless from vendor's performance of the contract. Vendor's Signature No Proposal shall be accepted which has not been signed in ink in the appropriate space below: Print Name Print Title Signature Date
EXHIBIT 2 CONFLICT OF INTEREST STATEMENT (Service Providers) [This form must be filled out, signed, dated and submitted by all persons seeking to serve as a consultant to the District] Board Policy 3600 of the provides in part: Independent contractors applying for a consultant contract shall submit a written conflict of interest statement disclosing financial interests as determined necessary by the Superintendent or designee, depending on the range of duties to be performed by the consultant. The Superintendent or designee shall consider this statement when deciding whether to recommend the consultant's employment. The Superintendent has determined that all persons seeking to serve as a consultant to the District shall fill out truthfully, sign, date and submit this Conflict of Interest Statement prior to performing any consultant work or services for the District. I, [NAME OF CONSULTANT], hereby certify the following: 1. I am not an employee of the District. 2. Within the past year I have not been a member of the District Board of Trustees of the District. 3. Neither I nor any member of my immediate family (includes parent, spouse, domestic partner, or child) or member or resident of my household is a member of the District s Citizens Bond Oversight Committee for the District s Measure G or Measure E bond programs. 4. Within the past year I have not provided or made, and will not provide or make, any promise of any gift 1 of any kind (money, meals, goods, services, entertainment tickets, etc.), in-kind services, commission, or fully or partially expense-paid trips to any District Board Member or District employee whose responsibilities include the selection of District consultants or the evaluation, supervision or oversight of District consultants (a Responsible Employee ), except: 1 Gifts do not include promotional or advertising items such as calendars, desk pads, notebooks and other office items valued less than $25.00 and which are of the type usually offered by business concerns free of charge to all as part of their public relations programs.
5. I do not employ or retain, and will not employ or retain, any current District Responsible Employee as a consultant, independent contractor or employee during the term of my consultancy agreement with the District. 6. I am authorized to make, and do make, this certification on behalf of [CONSULTANT]. The foregoing certifications are true and correct. I make this certification under penalty of perjury under the laws of the State of California. Signature of Consultant Signature Date
EXHIBIT 3 NONCOLLUSION DECLARATION (To Be Executed By Bidder and Submitted With Bid) I,, declare as follows: That I am the of, the party making the attached bid; that the attached bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of, 20, at, California. Print Name Print Title Signature Date Authority: Public Contract Code 7106 CCP 2015.5 Id5,p.2
EXHIBIT 4 CERTIFICATE OF NONDISCRIMINATION BY SELLER As a supplier of goods or services to the, the firm listed below certifies that it does not discriminate in its employment with regard to race, religion, creed, sex, national origin, or handicap; that it is in compliance with all Federal, State, and local directives and executive orders regarding nondiscrimination in employment; and that it agrees to demonstrate positively and aggressively the principal of equal opportunity in employment. We agree specifically: 1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels. 2. To communicate this policy to all persons concerned, including all company employees, outside recruiting services (especially those serving minority communities), and the minority communities at large. 3. To take affirmative steps to hire minority employees within the company. PRINT OR TYPE FIRM S NAME PRINT OR TYPE NAME AND TITLE OF PERSON SIGNING SIGNATURE DATE