Doing Business with Newport-Mesa USD

Please visit the District’s PlanetBids Vendor Registration Hub. Please report any issues with registration to jgeiszler@nmusd.us

Informal Bidding List Prequalification (CUPCCAA) Notice Inviting Interested Contractors for the 2025 Informal Bid List for Newport Mesa Unified School District.

In accordance with the State of California Uniform Public Construction Cost Accounting Commission, the Newport Mesa Unified School District ("District") is inviting all interested licensed contractors to submit their company for inclusion on the District's Informal Bidding Contractors List for calendar year 2025.

Per California Public Contract Code 22032, any Public Works Project that is estimated to be $220,000 or less is subject to the Informal Bidding Procedures set forth by the State of California Uniform Construction Cost Accounting Commission. All trade categories are subject to Informal Bidding Procedures.

Contractors that are interested in being on the Informal Bidding Contractors List are required to have a current license and are subject to verification through the Contractors State License Board.

Additionally, pursuant to SB 854, no contractor or subcontractor may be listed on a bid or awarded a contract for a public works project unless registered with the Department of Industrial Relations (DIR) per California Labor Code section 1725.5.

If you or your company would like to be placed on the District's Informal Bidding Contractors List, please complete the District's informal bidding registration through PQBids. In addition, the District requests that all contractors register on the District's online bidding portal PlanetBids to ensure that your contact information is on file. Please be aware that contractors are solely responsible for maintaining up-to-date and accurate information; profiles can be edited any time.

If you need additional information, you can visit the District's Purchasing Department website or contact the department directly at (714) 424-5063.

Helpful Links:

• CA CUPCCAA Commission
• CUPCCAA Commission Procedures Manual (PDF)
• DIR Registration
• PQBids CUPCCAA Registration
• PlanetBids Vendor Registration Portal

The 2025 calendar year adjustment to the bid threshold for contracts awarded by public entities is $114,800.

Note that public works projects as defined in PCC Section 22002(c), such as construction or reconstruction of publicly owned facilities, have a lower bid threshold that is not adjusted for inflation. The bid limit for these projects is currently $15,000. For more information on bidding requirements for all projects, refer to PCC sections 20110 to 20118.4. 

For more information please visit the letter on the California Department of Education website.

1. Definitions – The Newport-Mesa Unified School District shall be hereinafter referred to as the Newport-Mesa Unified School District and the Vendor shall be hereinafter referred to as Supplier.
2. Limitation of Payments - Prices and amounts shown herein are the maximum amounts authorized for payment under this order (excluding and handling/delivery charges unless specified herein).
3. Invoices – Separate Invoices are required for each purchase order. Invoices shall be submitted in triplicate, unless otherwise specified, and shall contain the following information: purchase order number, item number, item description, quantity, unit price, and extended totals for items delivered. Sales tax, where applicable, shall be shown separately. Handling/delivering charges shall be identified in accordance with General Provision # 6. Failure to enter the above information on the invoice shall cause a delay in payment.
4. Variation in Quantity - No variation in the quantity of any item called for by this order shall be accepted, unless agreed to and specified elsewhere in this order.
5. Discounts – In connection with and discounts offered, the discount period shall begin on the date of delivery and acceptance at destination, and/or the date the correct invoice is received in the Accounts Payable office, and/or on the date final approval for payment is authorized if an adjustment in payment is necessary due to damage, whichever is later. Payment is deemed to be made for the purpose of earning the discount on the date of mailing of the warrant.
6. Shipping – Unless otherwise specified, all goods are to be shipped prepaid, F.O.B. destination. Where the specific authorization is granted to ship goods F.O.B. shipping point, the Supplier shall prepay all shipping charges, route goods by the cheapest way (unless authorized to ship by other means) and bill the Newport-Mesa Unified School District for the actual handling/delivery charges paid. Invoices containing handling/delivery charges shall include either the original or a copy of the prepaid bill of lading. Claims for handling/delivery charges which are not properly supported will not be paid. This does not apply to U.S. Mail or U.P.S. charges.
7. Inspection and Accepting – Inspections and acceptance will be a destination, unless otherwise provided. Regardless of the F.O.B. point, the Supplier agrees to bear all risks of loss, injury, or destruction of goods and materials ordered herein which occur prior to delivery; and such loss, injury, or destruction shall not release the Supplier from and obligation hereunder.
8. Packaging – All items shall be prepared and packed for shipment in a manner that will prevent damage in transit. The Newport-Mesa Unified School District is not liable for extra charges for accompany all applicable chemicals.
9. Cal-Osha – The Supplier certifies, by shipment, that all equipment furnished under this order meets or exceeds applicable CAL-OSHA codes. Material Safety Data Sheets (MSDS) need to accompany all applicable chemicals.
10. Warranty – The Supplier agrees that all suppliers, equipment, or services furnished under this order shall be covered by the first most favorable commercial warranties the Supplier provides and customer for such supplies, equipment, or services, and that the rights and Revised 07/2015 remedies provided therein are in addition to and do not limit any rights afforded to the Newport-Mesa Unified School District by any other provisions of this order.
11. Excusable Delays – The Supplier shall be excused from performance hereunder during the time and to the extent that he/she is prevented from obtaining, delivering, or performing by acts of God, fire, strike, lockout, or commandeering of materials, products, plants, or facilities by the government, when satisfactory evidence thereof is presented to the Newport-Mesa Unified School District, provided that it is satisfactorily established that the non-performance is not due to the fault or neglect of the party not performing.
12. Independent Contractor – While providing the supplies or services ordered herein, the Supplier is an Independent Contractor and not an officers, employee or agent of Newport-Mesa Unified School District.
13. Default by Supplier - Failure to comply with any of the terms and/or conditions of this purchasing order shall constitute default by the Supplier.
14. Assignment of Purchase Order – The Supplier shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties, or obligations without the prior written consent of the Newport-Mesa Unified School District.
15. Hold Harmless – The Supplier shall hold harmless and indemnify the Newport-Mesa Unified School District, its officers, agents, and employees from every claim, demand, or liability which may be made by reason of:
    1. Any injury to property or person including death, sustained by the Supplier or by any person, firm, or corporation employed by the Supplier, directly or indirectly upon or in connection with the services hereunder, however caused; and
    2. Any injury to property or person, including death, sustained by any firm or corporation, caused by any error, omission, neglect, or torturous act of the Supplier, its officers, agents, or employees, upon or in connection with the services hereunder, whether the injury or damage occurs upon or adjacent to the premises whose services hereunder are performed;
    3. The Supplier, at its own expense, cost, and risk, shall defend any and all actions, suits, or other proceedings, that may be brought or instituted against the Newport-Mesa Unified School District on any such claim, demand, or liability, and pay or satisfy any judgment that may be rendered against Newport-Mesa unified School District, its officers, agents, or employees in any such action, suit, or other proceeding as a result of A and /or B above.
16. Negotiation of either quantity or trade discounts with suppliers for all purchases shall be by the Deputy Superintendent and Chief Business Official or designee only. District prohibits the use of gifts, incentives, inducements, favors, monetary returns, either promised or given, and/or rebates of any kind (hereinafter referred to as incentives”) that do not accrue directly to the District. Any supplier attempting to or providing such incentives shall result in the immediate termination of any existing and future order to that supplier and District will take any and all appropriate actions deemed necessary by the district, including but not limited to referral to local law enforcement authorities.

SERVICE AGREEMENT GENERAL CONDITIONS

1. Expenses – DISTRICT shall not be liable to CONTRACTOR for any costs or expenses paid or incurred by CONTRACTOR in performing services for DISTRICT, except where noted in Section 7. All expenses shall be approved by the DISTRICT representative authorized to approve such costs prior to being invoiced. All expenses must meet the DISTRICT’s requirements for reimbursement for expenses as detailed on DISTRICT’s website.
2. Independent Contractor – CONTRACTOR, in the performance of this AGREEMENT, shall be, and act, as an independent contractor. CONTRACTOR understands and agrees that he/she and all of his/her employees shall not be considered officers, employees, or agents of the DISTRICT, and are not entitled to benefits of any kind or nature normally provided employees of the DISTRICT and/or to which DISTRICT’s employees are normally entitled, including, but not limited to, State Unemployment Compensation or Workers’ Compensation Insurance. CONTRACTOR assumes the full responsibility for the acts and/or omissions of his/her employees or agents as they relate to the services to be provided under this AGREEMENT. CONTRACTOR shall assume full responsibility for payment of all federal, state, and local taxes or contributions, including unemployment insurance, social security, and income taxes with respect to CONTRACTOR’s employees.
3. Materials – CONTRACTOR shall furnish, at his/her own expense, all labor, materials, equipment, supplies and other items necessary to complete the services to be provided pursuant to this AGREEMENT, except as specified in the agreement. CONTRACTOR’s services will be performed, findings obtained, reports and recommendations prepared in accordance with generally and currently accepted principles and practices of his/her profession.
4. Business Termination – In the event that CONTRACTOR shall cease conducting business in the normal course, become insolvent, make a general assignment for the benefit of creditors, suffer or permit the appointment of a receiver for its business or assets or shall avail itself of, or become subject to, any proceeding under the Federal Bankruptcy Act or any other statute of any state relating to insolvency or the protection of rights of creditors, then at the option of DISTRICT this AGREEMENT shall terminate and be of no further force and effect and any property or rights tangible or intangible, shall forthwith be returned to DISTRICT.
5. Termination – DISTRICT may, at any time, for any reason, terminate this AGREEMENT and compensate CONTRACTOR only for services satisfactorily rendered to the date of termination. Written notice by DISTRICT shall be sufficient to stop further performance of services by CONTRACTOR. Notice shall be deemed given when received by the CONTRACTOR or no later than three days after the day of mailing, whichever is sooner. DISTRICT may terminate this AGREEMENT upon giving of written notice of intention to terminate for cause. Cause shall include: (a) material violation of this AGREEMENT by the CONTRACTOR; or (b) any act by CONTRACTOR exposing the DISTRICT to liability to others for personal injury or property damage; or CONTRACTOR is adjudged a bankrupt, CONTRACTOR makes a general assignment for the benefit of creditors, or a receiver is appointed on account of CONTRACTOR’s insolvency. Written notice by DISTRICT shall contain the reasons for such intention to terminate and unless within five (5) days after service of such notice the condition or violation shall cease, or satisfactory arrangements for the correction thereof be made, this AGREEMENT shall upon the expiration of the five (5) days cease and terminate. In the event of such termination, the DISTRICT may secure the required services from another contractor. If the cost to the DISTRICT exceeds the cost of providing the service pursuant to this AGREEMENT, the excess cost shall be charged to and collected from the CONTRACTOR. The foregoing provisions are in addition to and not a limitation of any other rights or remedies available to DISTRICT.
6. Duty to Provide Fit Workers – CONTRACTOR and subcontractors, if any, shall at all times enforce appropriate discipline and good order among their employees and shall not employ or work any unfit person or anyone not skilled in providing the services required under this AGREEMENT. It shall be the responsibility of the CONTRACTOR to ensure compliance with this section. Any person in the employ of the CONTRACTOR or subcontractor, whom DISTRICT may deem incompetent, unfit, intemperate, troublesome, or otherwise undesirable shall be excluded from providing services under this AGREEMENT and shall not again provide services except with written consent of DISTRICT. The CONTRACTOR shall not permit an employee to come in contact with pupils until the Department of Justice has ascertained that the employee has not been convicted of a violent or serious felony. The CONTRACTOR shall certify in writing to the governing board of the DISTRICT that none of its employees who may come in contact with pupils have been convicted of a violent or serious felony. The CONTRACTOR shall provide a list of the names of its employees who may come in contact with pupils to the governing board of the DISTRICT. Reference California Education Code Section 45125.1.
7. Hold Harmless – CONTRACTOR agrees to and does hereby indemnify, hold harmless and defend the DISTRICT and its officers, agents and employees (“INDEMNITEES”) from every claim or demand made and every liability, loss, damage or expense, negligence (including the active or passive negligence of INDEMNITEES as allowed by law), causes of action, costs, expenses, or injuries, fines, penalties in law or equity, regardless of whether the allegations are false, fraudulent, or groundless of any nature whatsoever, which may be incurred by reason of:
   1. Liability for damages for:
      1. Death or bodily injury to person;
      2. Injury to, loss or theft of property; or
      3. Any other loss, damage or expense arising out of i or ii above, sustained by the CONTRACTOR or any person, firm or corporation employed by the CONTRACTOR, either directly or by independent contract, upon or in connection with the services called for in this AGREEMENT, however caused, to the extent resulting from CONTRACTOR’s negligence or other wrongful negligence, except for liability for damages referred to above which result from the sole negligence or willful misconduct of the DISTRICT or its officers, employees, or agents.
   2. Any injury to or death of any persons, including the DISTRICT or its officers, agents and employees, or damage to or loss of any property to the extent caused by any wrongful act, neglect, default, or omission of the CONTRACTOR, or any person, firm or corporation employed by the CONTRACTOR, either directly or by independent contract, arising out of, or in any way connected with, the services covered by this AGREEMENT, whether said injury or damage occurs either on or off DISTRICT’s property, except for liability for damages which result from the sole negligence or willful misconduct of the DISTRICT or its officers, employees or agents.
   3. Any liability for damages which may arise from the furnishing or use of any copyrighted or uncopyrighted matter or patented or unpatented invention under this AGREEMENT.
   4. CONTRACTOR’s Indemnification includes any loss sustained by INDEMNITEES, and each of them, whether resulting from claims brought by third parties or sustained directly by any of the INDEMNITEES, as a result of 1) CONTRACTOR or any subcontractor’s failure to implement and maintain appropriate data security or cybersecurity measures; 2) any data breach in which the DISTRICT’s confidential information or privileged and confidential information is released, exposed, lost, or stolen as a result of CONTRACTOR’s performance of services or otherwise arising from this AGREEMENT; 3) computer viruses, denial of service attacks, and other technologically harmful materials that harm or infect any of the INDEMNITEES’s electronic equipment, software, data, or other proprietary material as a result of CONTRACTOR’s performance of Services or otherwise arising from this AGREEMENT, and 4) infringement of copyright, trademark, trade dress, invasion of privacy violations as a result of CONTRACTOR’s performance of Services or otherwise arising from this AGREEMENT, and 5) any breach by CONTRACTOR or any subcontractor of the California Student Data Privacy Agreement, if executed.
   5. The CONTRACTOR, at the CONTRACTOR’S own expense, cost and risk shall defend any and all actions, suits, or other proceedings that may be brought or instituted against the DISTRICT and its officers, employees, agents, on any such claim or liability, and shall pay or satisfy any judgment that may be rendered against the DISTRICT and its officers, agents, or employees in any action, suit, or other proceedings as a result thereof.
8. Insurance – CONTRACTOR shall, at the CONTRACTOR’S sole cost and expense, take out prior to commencing the work, and maintain in force and effect, from the commencement of services until expiration of this AGREEMENT, and shall require all subcontractors, if any, whether primary or secondary, to take out and maintain a policy or policies of insurance covering CONTRACTOR’S and subcontractor’s services and furnish to the DISTRICT a certificate of insurance evidencing all coverages and endorsements required hereunder. Said certificate of insurance shall be due upon execution of this AGREEMENT, or such subsequent date as agreed to by the DISTRICT. Such insurance shall be with an insurance company admitted by the Insurance Commissioner of the State of California to transact such insurance in the State of California. Minimum coverages shall be as follows:
   1. General Liability Insurance for injuries including accidental death, to any one person in an amount not less than $1,000,000 per occurrence and $2,000,000 general aggregate. Subject to the same limit for each person on account of one accident, in an amount not less than $1,000,000 per occurrence.
   2. Property Damage Insurance in an amount not less than $1,000,000 per occurrence.
   3. Comprehensive Automobile Liability Insurance covering the use of all owned, non- owned and hired vehicles with combined bodily injury and property damage in an amount not less than $1,000,000 per occurrence.
   4. Statutory Workers’ Compensation Insurance in accordance with Sections 3700 and 3800 of the Labor Code of the State of California.
   5. An endorsement to said policy(s) naming DISTRICT and its officers, agents and employees as additional insured while rendering services under this AGREEMENT.
   6. A thirty (30) day written notice to DISTRICT of cancellation or reduction in coverage, ten (10) days’ notice if cancellation is due to nonpayment of premium.
   7. CONTRACTOR hereby grants to the DISTRICT a waiver of any right to subrogation which any insurer of said CONTRACTOR may acquire against the DISTRICT by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.
   8. CONTRACTOR shall furnish the District with certificates and endorsements affecting coverage required by the AGREEMENT. The endorsements are to be signed by the person authorized by that Insurer to bind coverage on its behalf. All endorsements are to be received and approved by the DISTRICT before work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. To the fullest extent permitted by law, The DISTRICT, its officers, officials, employees, and volunteers are to be covered as insureds as respects to any and all liability arising out of, or pertaining to, products of the CONTRACTOR; and with respect to liability arising out of automobiles owned, leased, hired, or borrowed by CONTRACTOR. The CONTRACTOR's insurance coverage shall be primary insurance as respects to the District, its officers, officials, employees, and volunteers. Any insurance or self-maintained by the DISTRICT, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it.
9. Attorney’s Fees – If either party hereto becomes involved in litigation arising out of this AGREEMENT or the performance thereof, the court in such litigation, or in a separate suit, shall award reasonable costs and expenses, including attorney fees, the court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith.
10. Assignment – The CONTRACTOR shall not assign, transfer, convey, sublet, or otherwise dispose of this AGREEMENT or of its rights, title, or interest in or to the same or any part thereof.
11. Other Contractors – DISTRICT reserves the right to enter into other agreements for work additional or related to the subject matter of this AGREEMENT and CONTRACTOR agrees to cooperate fully with these other contractors and with the DISTRICT. When request by the DISTRICT, CONTRACTOR shall coordinate its performance under this AGREEMENT with such additional or related work. CONTRACTOR shall not interfere with the work performance of any other contractor or DISTRICT employee.
12. Nonperformance – As used in this AGREEMENT, “failure to perform” means failure, for whatever reason, to deliver goods and/or perform work as specified and scheduled in this AGREEMENT. If CONTRACTOR fails to perform under this AGREEMENT, then DISTRICT, after giving seven (7) days’ written notice and opportunity to cure to CONTRACTOR, has the right to complete the work itself, to obtain the contracted goods and/or services from other contractors, or a combination thereof, as necessary to complete the work. Both PARTIES agree that CONTRACTOR shall bear any reasonable cost difference, as measured against any unpaid balance due CONTRACTOR, for these substitute goods or services.
13. Remedies – In case of CONTRACTOR breach, and in addition to any other provision of this AGREEMENT, DISTRICT shall be entitled to any other available legal and equitable remedies. In case of DISTRICT breach, CONTRACTOR’s remedy shall be limited to termination of the AGREEMENT and receipt of AGREEMENT payments to which CONTRACTOR is entitled.
14. Errors – CONTRACTOR shall perform any and all additional work necessary to correct errors in the services performed under this AGREEMENT without undue delays or additional costs to the DISTRICT.
15. Security – DISTRICT hereby deems all information, documents, and property contained in or on DISTRICT property privileged and confidential. Any removal or disclosure of any privileged and confidential materials by employees or agents of CONTRACTOR or any subcontractor without express written consent of DISTRICT shall be considered a material breach of this AGREEMENT and shall be cause for immediate termination of this AGREEMENT. IF CONTRACTOR BECOMES AWARE OF A POSSIBLE UNAUTHORIZED REMOVAL OR DISCLOSURE OF PRIVILEGED AND CONFIDENTIAL MATERIALS, CONTRACTOR SHALL IMMEDIATELY NOTIFY DISTRICT.
16. Mandatory Reporter Requirements – CONTRACTOR acknowledges and understands that pursuant to California Penal Code Section 11165.7, employees and agents of CONTRACTOR and any subcontractor whose duties under the Scope of Work include contact and supervision of children are mandatory reporters of known or suspected instances of child abuse or neglect. CONTRACTOR will ensure that employees or agents of CONTRACTOR and any subcontractor who are mandatory reporters will take the Child Abuse Mandated Reporter Educators Training Module within six weeks of hire and annually thereafter within the first six weeks of each school year. CONTRACTOR agrees to make this training available to each mandatory reporter. CONTRACTOR will ensure that each employee or agent of CONTRACTOR and any subcontractor who is a mandatory reporter will execute an Employee Acknowledgement Form and a Suspected Child Abuse Reporting Acknowledgement Form. CONTRACTOR will provide copies of each of these signed forms for each employee or agent of CONTRACTOR or any subcontractor who is a mandatory reporter to District within six weeks of the hire of the mandatory reporter and annually.
17. Unsupervised Contact -  “Unsupervised contact” with students means contact that provides the person opportunity and probability for personal communication or touch with students when not under direct DISTRICT supervision. As required by DISTRICT policy, CONTRACTOR shall ensure that CONTRACTOR, any subcontractors [of all tiers], and their officers, employees, and agents will have no direct, unsupervised contact with students while on DISTRICT property. CONTRACTOR will work with DISTRICT to ensure compliance with this requirement. If CONTRACTOR is unable to ensure through a security plan that none of its officers, employees, or agents, or those of its subcontractors, will have direct, unsupervised contact with students in a particular circumstance or circumstances, then CONTRACTOR shall notify DISTRICT before beginning any work that could result in such contact. In addition to any Live Screen Criminal Background Check Requirements as set forth above, CONTRACTOR authorizes DISTRICT, at its discretion, to obtain information about CONTRACTOR and its history and to independently conduct its own criminal background check, including fingerprinting, of any CONTRACTOR officers, employees, or agents who may have unsupervised contact with students. CONTRACTOR shall cause its employees and/or subcontractors, if any, to authorize DISTRICT to conduct these background checks. CONTRACTOR shall pay all fees for processing the background check. DISTRICT may deduct the cost of such fees from a progress or final payment to CONTRACTOR under this AGREEMENT, unless CONTRACTOR elects to pay such fees directly.
18. Compliance with Applicable Laws – The services completed herein must meet the approval of the DISTRICT and shall be subject to the DISTRICT’s general right of inspection to secure the satisfactory completion thereof. CONTRACTOR agrees to comply with all federal, state, and local laws, rules, regulations, and ordinances that are now or may in the future become applicable to CONTRACTOR, CONTRACTOR’s business, equipment, and personnel engaged in operations covered by this AGREEMENT or accruing out of the performance of such operations.
19. Permits/Licenses – All business licenses, permits and/or fees required by the codes, ordinances and statutes of the State of California, the County of Orange, and the Cities of Costa Mesa or Newport Beach, as appropriate, must be taken out by the CONTRACTOR at CONTRACTOR’S sole cost and expense.
20. Employment with a Public Agency – CONTRACTOR, if an employee of another public agency, agrees that CONTRACTOR will not receive salary or remuneration, other than vacation pay, as an employee of another public agency for the actual time in which services are actually being performed pursuant to this AGREEMENT.
21. Conflict of Interest – CONTRACTOR affirms that to the best of his/her knowledge, there exists no actual or potential conflict between CONTRACTOR’s family, business, or financial interest and the services provided under this AGREEMENT in violation of any applicable state, local, or federal law, including, but not limited to, Government Code section 1090, and in the event of change in either private interests or services under this AGREEMENT, any question regarding possible conflict of interest which may arise as a result of such change will be raised with the DISTRICT. CONTRACTOR shall not be in a reporting relationship to a DISTRICT employee who is a near relative, nor shall a near relative be in a decision-making position with respect to the CONTRACTOR.
22. Affirmative Action Employment – In the performance of the terms of this AGREEMENT, CONTRACTOR agrees that it will not engage in, nor permit such subcontractor as it may employ to engage in, unlawful discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons.
23. Tobacco/Vapor Use Policy – In the interest of public health, the DISTRICT is proud to provide a healthy, tobacco/vapor-free environment. Smoking or the use of any tobacco or vapor products are prohibited in buildings and vehicles, and on any property owned, leased, or contracted for by the DISTRICT pursuant to DISTRICT’S Policy 3620. Failure by CONTRACTOR to abide with the conditions of Policy 3620 may result in the termination of this AGREEMENT.
24. Non-Waiver - The failure of the DISTRICT in any one or more instances to insist upon strict performance of any of the terms of this AGREEMENT or to exercise any option herein conferred shall not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon any such terms or option on any future occasion.
25. Severability – If any term, condition, or provision of this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect, and shall not be affected, impaired, or invalidated in any way.
26. Governing Law – The terms and conditions of this AGREEMENT shall be governed by the laws of the State of California with venue in Orange County, California.
27. Provisions of Law Clause – Each and every provision of law clause required by law to be inserted in the AGREEMENT shall be deemed to be inserted herein and the AGREEMENT shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the AGREEMENT shall forthwith be physically amended to make such insertion or correction.
28. Force Majeure Clause – The PARTIES to this AGREEMENT shall be excused from performance thereunder 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, lock-out, commandeering of materials, products, plants or facilities by the government, when satisfactory evidence thereof is presented to the other PARTY (IES), provided that it is satisfactorily established that the non-performance is not due to the fault or neglect of the party not performing.
29. Time is of the Essence – Time is of the essence in the performance of and compliance with each of the provisions and conditions of this contract.
30. Safety and Security – It shall be the responsibility of the CONTRACTOR to ascertain from the DISTRICT, the rules and regulations pertaining to safety, security and driving on school grounds, particularly when children are present. During outbreaks of communicable disease, such as the coronavirus pandemic, the CONTRACTOR is expected to follow all District safety and health precautions to prevent the spread of communicable disease. This includes frequent handwashing with soap and water, use of hand sanitizer when hand washing is not practicable, wearing a mask or face covering and appropriate level PPE, maintaining physical distancing of 6 feet from others, when practicable, and participating in district passive and active health screening.
31. Invoicing Required Documentation – If the below information is missing from an invoice under this AGREEMENT, the DISTRICT shall reject it and request an updated document with the appropriate date the document was re-delivered to the DISTRICT:
    1. Name of firm and address or person and address submitting invoice.
    2. Name of school district as addressee (not school).
    3. Date of invoice. Note: Payment Terms: net 30 days, unless cash discount provided
    4. Number of school district purchase order (if applicable).
    5. Special terms, such as discounts.
    6. Description of each item, not just a stock number.
    7. Quantity.
    8. Unit quantity (dozen, gross, pound, etc.)
    9. Unit price for each item.
    10. Extended price for each item.
    11. Hours and rates for labor charges, if applicable
    12. Subtotals of amounts subject to sales tax.
    13. Amount of sales tax (if applicable), or total fixed fee, if applicable.
    14. Phased billing may apply if fixed fee.
32. Nondiscrimination – CONTRACTOR agrees that it will not engage in unlawful discrimination in employment of persons because of race, color, religious creed, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, or age of such persons.
33. Entire Agreement/Amendment – This AGREEMENT and any exhibits attached hereto constitute the entire agreement among the PARTIES to it and supersedes any prior or contemporaneous understanding or agreement with respect to the services contemplated and may be amended only by a written amendment executed by both Parties to the AGREEMENT.
34. Authority – The undersigned warrant that they are duly authorized representatives of the PARTIES and have been empowered to execute this AGREEMENT on behalf of the PARTY indicated.
35. Order of Precedence – The documents listed below are hereby incorporated by reference. In the event of an inconsistency or conflict between or among the provisions of this AGREEMENT, the inconsistency shall be resolved by giving precedence in the following order:
    1. Special Conditions
    2. General Conditions
    3. Purchase Orders

           In the event of any conflict, discrepancy, error, or omission among any parts of the AGREEMENT, either                  PARTY shall immediately notify the other PARTY and both PARTIES shall decide how to remedy such                        conflict, discrepancy, error, or omission. If the PARTIES cannot resolve any such conflict, discrepancy,                     error or omission by mutual agreement, the AGREEMENT may be immediately terminated. The                               AGREEMENT  Terms and Conditions shall prevail if there is a conflict between the terms and conditions of             the contractor's packaging, invoices, catalogs, brochures ,technical data sheets or other documents.

SPECIAL CONDITIONS

These conditions are applicable based on the responses in Exhibit B, or where applicable based on the services rendered to the DISTRICT. It is the CONTRACTOR’s sole and absolute responsibility to report any ambiguities, inconsistencies, or errors to the DISTRICT.

1. Criminal records check – Exhibit B shall be completed by the CONTRACTOR. If CONTRACTOR shall engage district pupils, Exhibit C will be completed and returned to the DISTRICT.
   1. Criminal Background Check Requirements – CONTRACTOR, at its sole cost and expense, and as necessary to satisfy the requirements of Education Code (EC) section 45125.1 and 45125.2 or DISTRICT policy, will conduct all required criminal background checks. If required by EC section 45125.1, CONTRACTOR must provide for the completion of Exhibit C Criminal Records Check Certification, in the DISTRICT’s required format, prior to any of the CONTRACTOR's employees, or those of any other subcontractors, who are anticipated to come into contact with the DISTRICT's students. CONTRACTOR further acknowledges that other fingerprinting requirements may apply, as set forth in Education Code section 45125 et seq., and CONTRACTOR will comply with any such requirements. CONTRACTOR further acknowledges and agrees that no CONTRACTOR or subcontractor employees, agents or representatives shall come into contact with students if they have been convicted of a violent felony listed in Penal Code section 667.5(c) or a serious felony listed in Penal Code section 1192.7(c).] Notwithstanding anything to the contrary herein, if CONTRACTOR is an individual operating as a sole proprietor, is required by Education Code section 45125.1(k), it shall be the responsibility of the DISTRICT to prepare and submit that individual’s fingerprints to the Department of Justice.
2. BMX Acknowledgement – If CONTRACTOR is performing a BMX and/or skateboard event on DISTRICT property, Exhibit D shall be completed and returned to the DISTRICT.
3. Insurance –
   1. Special Hazards Insurance, where appropriate, with special rider to include automotive and truck, where operated, and material hoist, where used, in an amount not less than $1,000,000 per occurrence.
   2. Sexual Abuse or Molestation Insurance in an amount not less than $1,000,000 per wrongful act and $2,000,000 aggregate.
   3. Fire Insurance on all work subject to loss or damage by fire. Amount of fire insurance shall be sufficient to protect against loss or damage in full until work is accepted by the DISTRICT.
   4. Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by CONTRACTOR in this AGREEMENT and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. DISTRICT, its board of trustees, employees, agents, and volunteers must be named as additional insureds with respect to liability arising out of work or operations performed by or on behalf of CONTRACTOR under this AGREEMENT.
   5. Professional Liability (Errors and Omissions; E&O) Insurance: Professional Liability (Errors and Omissions) Insurance appropriate to Contractor’s profession, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by CONTRACTOR in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. DISTRICT, its board of trustees, employees, agents, and volunteers must be named as additional insureds with respect to liability arising out of work or operations performed by or on behalf of CONTRACTOR under this AGREEMENT.
4. Originality of Services – CONTRACTOR agrees that all technologies, formulae, procedures, processes, methods, writings, ideas, dialogue, compositions, recordings, teleplays, and video productions prepared for, and submitted to, the DISTRICT and/or used in connection with this AGREEMENT, shall be wholly original to CONTRACTOR and shall not be copied in whole or in part from any other source, except that submitted to CONTRACTOR by DISTRICT as a basis for such services.
5. Copyright/Trademark/Patent – CONTRACTOR understands and agrees that all materials produced under this AGREEMENT shall become the property of DISTRICT and cannot be used without DISTRICT’s express written permission. DISTRICT shall have all right, title and interest in said matters, including the right to secure and maintain the copyright, trademark and/or patent of said matter in the name of the DISTRICT.
   1. Originality of Services
   2. Copyright/Trademark/Patent
6. Prevailing Wage Requirements – CONTRACTOR acknowledges and agrees that, if applicable, CONTRACTOR shall be responsible for payment of prevailing wage rates in accordance with Labor Code sections 1720 et seq. and 1770 et seq. to all personnel performing SERVICES under this AGREEMENT. CONTRACTOR shall obtain a copy of the prevailing rates of per diem wages applicable to the work to be performed under this AGREEMENT from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/. In the alternative, the DISTRICT shall provide CONTRACTOR with a copy of the prevailing rates of per diem wages. If the DISTRICT is using State funds for the project and is required to enforce a Labor Compliance Program (“LCP”), then Contractor will be required to enforce the District's Labor Compliance Program ("LCP"), as applicable. If applicable, Certified Payroll records shall be maintained by the CONTRACTOR and copies of the certified payroll shall be electronically sent to the Department of Industrial Relations and be delivered to the DISTRICT at the end of each month during the entire duration of the AGREEMENT. If the AGREEMENT is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Subject to exceptions as set forth in Labor Code section 1771.1, CONTRACTOR or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any AGREEMENT for public work, as defined by statute, unless it is currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. DISTRICT may not accept a bid, nor any contract or subcontract entered into without proof of the CONTRACTOR or subcontractor’s current registration to perform public work pursuant to Section 1725.5. For more information, go to http://www.dir.ca.gov/Public-Works/Certified-Payroll-Reporting.html
7. Subcontractors – CONTRACTOR shall not delegate, by contract, agreement or otherwise, any services or tasks required under this AGREEMENT to any other person or entity without the express written permission of DISTRICT by executed addendum. Consent to any subcontract may be withheld by DISTRICT at its sole and unrestricted discretion. DISTRICT shall not be obligated to pay for any services or work performed by an unauthorized person or entity. CONTRACTOR shall at all times during the term of this agreement remain fully and independently responsible and liable to DISTRICT for the full and complete performance of the terms and conditions of this AGREEMENT. CONTRACTOR shall be responsible for ensuring that all subcontractors independently satisfy all of the requirements of CONTRACTOR under this AGREEMENT, including but not limited to the insurance and indemnification provisions of this AGREEMENT, unless otherwise agreed in writing by the DISTRICT's Risk Manager or designee. Prior to performance of Services by any subcontractor, the subcontractor shall provide DISTRICT with evidence of all insurance, certificates, forms, and licenses required by this AGREEMENT.

School districts can participate in the California Multiple Award Schedules (CMAS) program for the purchase of materials, equipment, and supplies provided that the purchases are the same as those made by the Department of General Services and are under the same terms, conditions and specifications at a price lower than the districts can obtain through their normal purchasing procedures.

Education Code (EC) section 17595 and Public Contract Code (PCC) section 20653 authorize school districts to purchase materials, equipment or supplies through the Department of General Services and (PCC) section 10298 specifically authorizes state and local agencies to contract with suppliers who are awarded CMAS contracts without further competitive bidding.

The CMAS program was expanded under PCC 10290, 10290.1, and 12100 to include information technology goods and services. Information technology is defined as including, but not limited to, all electronic technology systems and services, automated information handling, system design and analysis, conversion of data, computer programming, information storage and retrieval, telecommunications which include voice, video and data communications, requisite system controls, simulation, electronic commerce, and all related interactions between people and machines. PCC 10299 authorizes the Director of General Services to consolidate the needs of multiple state agencies for information technology goods and services and to establish contracts, master agreements, multiple award schedules, and cooperative agreements to leverage the state’s buying power. This PCC section specifically states that state agencies and local agencies may contract with suppliers awarded these contracts without further competitive bidding and states that the director may make the services of the Department of General Services available to any school district and that school districts may, without further competitive bidding, utilize contracts, master agreements, multiple award schedules, cooperative agreements, or other types of agreements established by the Department of General Services for use by school districts for the acquisition of information technology, goods, and services.

In order to utilize a CMAS contract, the purchase must be made at a price lower than the district can obtain through its normal purchasing process. This finding or a finding that the CMAS purchase is in the best interest of the district should be made by the governing board of the district or by an employee who has been delegated the authority to make such a finding pursuant to (EC) sections 17604 or 81655. If the district delegates such authority to an administrator, the administrator’s finding of lower price or best interest pursuant to Sections 17604 and 81655 requires the governing board to ratify the administrator’s decision by a motion duly passed and adopted at a public meeting. Such ratification may be part of a motion which is duly passed to approve a consent calendar of a group of items. The administrator should submit documentation with information to the governing board such as the price, name of CMAS vendor, services, materials, equipment or supplies being purchased, the CMAS contract number and the relevant findings made by the administrator.

Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia’s Actions in Ukraine

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. 

The EO directs all agencies and departments that are subject to the Governor’s authority to take certain immediate steps, including notifying all contractors, vendors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.

​This serves as a notice under the EO that as a contractor, vendor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website. Failure to comply may result in the termination of contracts or grants, as applicable.

Current Projects

NMUSD does not currently have any Piggybackable Bids. 

Continuous Public Notice