Davis School District seeks a comprehensive English Language Development (ELD) curriculum for multilingual learners in grades K-5. The curriculum should accelerate English language acquisition through intensive oral language instruction integrated with literacy development. It must support students at various proficiency levels, from newcomers to early fluent English learners, and align with WIDA English Language Proficiency Standards. The contract is governed by Utah law, with venue in Farmington City. Contractor must comply with all applicable federal and state laws and regulations, including licensure and certification requirements. Records must be maintained for at least four years after contract termination. Contractor must register and participate in the E-Verify status verification system for new employees in Utah. Indemnification clauses are included for contract performance and status verification system violations. Contractor must abide by anti-discrimination laws and executive orders. The contract may be terminated for cause or without cause with written notice. Nonappropriation of funds may lead to contract termination or reduction of services. District has a sales and use tax exemption. Contractor warrants products for one year, with remedies including repair, replacement, or refund. Insurance limits are $1,000,000 per incident and $3,000,000 in aggregate. Contract and related documents are public records. Deliveries are FOB destination. Invoices must be submitted within 30 days of shipment/delivery and include the district contract number. Prompt payment discounts are accepted but not considered for award if less than 30 days. Payments are normally made within 30 days of delivery or correct invoice receipt. Interest may be assessed on overdue accounts after 60 days. Contractor must indemnify the district against patent, copyright, etc. liabilities. Assignment or subcontracting requires prior written approval. Default can lead to remedies including contract termination and suspension from future solicitations. Force majeure events may excuse performance delays. Procurement ethics must be followed. Contractor terms and conditions are subordinate to district terms and conditions. Contractor certifies it is not engaged in an economic boycott of the state of Israel. The agreement supersedes prior agreements.
Unless otherwise specified in this contract, all deliveries will be f. o. b. destination with all transportation and handling charges paid by Contractor. Responsibility and liability for loss or damage will remain with Contractor until final inspection and acceptance when responsibility will pass to District except as to latent defects, fraud and Contractor's warranty obligations.
Payments are normally made within 30 days following the date the order is delivered or the date a correct invoice is received, whichever is later. After 60 days from the date a corrected invoice is received by the appropriate District official, Contractor may assess interest on overdue, undisputed account charges up to a maximum of the interest rate paid by the IRS on taxpayer refund claims, plus 2, computed similarly as the requirements of ****.
Contractor agrees to warrant and assume responsibility for all products including hardware, firmware, and/or software products that it licenses, contracts, or sells to District under this contract for a period of one (1) year, unless otherwise specified and mutually agreed upon elsewhere in this contract.
Contractor certifies that neither it nor its principals are presently nor have ever been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction contract, by any governmental department or agency.
If the default remains, after Contractor has been provided the opportunity to cure, District may do one or more of the following: 1. exercise any remedy provided by law 2. terminate this contract and any related contracts or portions thereof 3. impose liquidated damages, if liquidated damages are listed in the contract 4. suspend Contractor from receiving future solicitations.
Contractor certifies that neither it nor its principals are presently nor have ever been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction contract, by any governmental department or agency.
