1-RFP 3596-10 Career Services.docx

RFP# 3596-10

Section Ten: ATTACHMENT A Rev 090817

MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT

REQUEST FOR PROPOSAL #3596-10

CAREER SERVICES

Proposal Due Date December 4, 2025 (local time)

MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT

RFP # 3596-10

CAREER SERVICES

SCHEDULE OF EVENTS

Table of Contents

GENERAL

1.1 INTRODUCTION

The Maricopa County Community Colleges herein referred to as Maricopa, MCCCD, or the District, is requesting proposals from vendors who are interested in developing a partnership with the Maricopa Community Colleges to identify a tool or set of tools that could support a comprehensive Career Services Management Software as a Service (SaaS) solution.

1.2 MCCCD DISTRICT MAKE-UP

MCCCD comprised of ten colleges, and numerous education centers dedicated to educational excellence by meeting the needs of the businesses and the citizens of Maricopa County. Each college is individually accredited, yet part of a larger system, the Maricopa County Community College District (MCCCD or District). The MCCCD is one of the largest higher education systems in the nation. As the largest provider of health care workers and job training in Arizona, it is a major resource for business and industry and for individuals seeking education and job training. More than 140,000 students attend the Maricopa Community Colleges each year taking credit and non-credit courses. MCCCD employs nearly 4,800 full-time faculty and staff and more than 6,800 part-time faculty and staff.

1.3 HISTORY

MCCCD ranks as one of the nation’s largest systems of its kind and is the largest single provider of higher education in Arizona. MCCCD educates and trains thousands of students year-round. What’s more, thousands of employees from both local and relocating businesses and industries are enrolled in customized workforce training programs with the MCCCD system. MCCCD’s administration, faculty and staff are committed to working collectively and responsibly to meet the life-long learning needs of our diverse students and communities.

A seven-member governing board governs MCCCD. Five members are elected from geographical districts within Maricopa County, while two are elected on a countywide basis. The chief executive officer of MCCCD is the Chancellor; and a president heads each of the colleges. MCCCD is a political subdivision of the State, and the elected governing board has the power to levy taxes. Funding comes from property taxes, student tuition, and federal, state and private grants.

1.4 CURRENT ENVIRONMENT

The Maricopa County Community College District, along with most educational entities in the State of Arizona, has been dealing with decreased funding support from the State for many years. In 2015, the State of Arizona eliminated all of the funding it was providing to help support MCCCD’s operations. In addition to the loss of all funding from the State, MCCCD has experienced a decrease in student enrollment, which is a typical trend for all community colleges during strong economic times.

It is the philosophy of MCCCD that this loss of funding and decreased enrollment should not be bridged by raising student tuitions or by burdening the public with increases in their taxes. The result of these funding reductions has created a need to rethink the traditional model of customer and vendor so that MCCCD can continue to provide the best learning environment for our student population as well as practice good stewardship of the public support we receive.

It is the District’s desire to move towards a model that is being utilized by many other higher learning institutions throughout the country which is to evolve the previous customer/supplier relationships associated with our contractors to that of becoming our Strategic Partners. By cultivating strategic partnerships, it will enable MCCCD and the awarded contractor to help identify potential cost reductions, maximize efficiencies, and tap unexplored value-added opportunities to maximize resources and support to the benefit of both parties. Any potential strategic initiatives can be established during negotiations.

1.5 STRATEGIC PARTNERSHIPS

In addition to providing the services listed in this Request for Proposal, MCCCD is continually seeking to expand its relationships with contractors who can evolve into a strategic partner. We are seeking companies that can help expand the boundaries of what has been thought of as traditional consulting contracts by infusing the program with new concepts, out-of-the box thinking, and value-added offerings that may not have existed before.

1.6 VALUE-ADDED OFFERINGS:

MCCCD would be interested in receiving any suggestions that would bring added value to this contract. As stated in section 1.4, the previous sources of State revenue support have been cut and in order to continue to provide the quality of education our students deserve MCCCD is open to considering new resources and ideas to help alleviate these short-falls. These proposals may be a one-time occurrence or recurring in nature, revenue producing (such as incentives or rebates) or other offerings that would bring added value to our organization. Provide details how leveraging a strategic partnership with your company can assist MCCCD in achieving our goals. Creative solutions are encouraged and should be clearly labeled in the proposal as an attachment.

Potential value-added offerings may be proposed in general in the attachment but will not be reviewed and considered until after the competitive evaluation process has been completed. Once a susceptibility of award is determined by the evaluation team further negotiations regarding these added value offerings may occur and must be completed prior to a final contract award.

The negotiation of any of these offerings is separate from the evaluation process. Changes / additions to these offerings may be made if agreed upon in writing by both parties and included as a signed contract amendment.

MCCCD reserves the right to exclude items offered under this section from co-operative use unless also agreed upon by the awardee.

RFP# 3596-10

Section One: GENERAL Rev 090817

PROPOSAL INSTRUCTIONS

2.1 PROPOSAL QUESTIONS

All questions regarding this Request for Proposal should be submitted online via the MCCCD Procurement Portal. The deadline to submit questions is: November 10, 2025, 5:00 PM (local time).

We will not respond directly to the company asking the question. All questions received within the question period will be acknowledged even if an answer cannot be provided. Responses to the questions received by the deadline will be answered in the form of an addendum. The addendum will be posted on the MCCCD Procurement Portal, and an email notification sent to all known potential respondents who have answered “Yes” to the Intent to Bid question or anyone who has downloaded documents from the portal. The addendum will be made available on/about November 14, 2025.

2.2 PROPOSAL SUBMISSION

MCCCD uses a portal hosted by Euna Procurement (formerly Bonfire) for accepting and evaluating proposals. Registration for a Euna Procurement account will be necessary to view and respond to the RFP. It shall be the responsibility of the Proposer to confirm that proposals contain all required documents and are submitted electronically through the MCCCD Procurement Portal located here:

https://maricopa.bonfirehub.com/portal/?tab=openOpportunities Upon upload, proposals are automatically timestamped and will remain secure and sealed until after the submission deadline has passed. Your proposal should include all items listed in Section 4.5: Format and Submittal Requirements. Your proposal is available for you to edit or change any time up to the RFP submission deadline.

Please contact Euna Procurement at support.bonfire@eunasolutions.com for technical questions related to your submission or difficulties in accessing the RFP documents. You can also visit their help forum at:

https://bonfirehub.zendesk.com/hc

Your proposal must be completed and uploaded to our site no later than 3:00 P.M. (local time), December 4, 2025. Submissions after this date and time will automatically be rejected by the system. The time on the MCCCD Procurement Portal shall be the official submittal time of record.

It is the proposer’s responsibility to be aware of the submission deadline and allow sufficient time to complete any uploads needed to finalize your submission. Any technical or internet-related issues that may arise during your submission are not grounds to extend the deadline. It is strongly recommended you begin your submission upload process at least one (1) day prior to the deadline.

2.3 AWARD DETERMINATION

This Request for Proposal does not constitute a commitment by the District to award a contract. The District reserves the right to waive any informalities and to reject any or all proposals and/or to cancel the Request For Proposal. The award shall be made on the proposal(s) that serves the best interest of the District and will not be evaluated solely on a monetary basis. The District reserves the right to negotiate a contract with the selected awardee. Even after the execution of a contract document or Notice of Award, the selected vendor may not initiate contract performance or incur any contract costs until it receives a District-issued purchase order or Procurement card.

2.4 PROPRIETARY INFORMATION

All materials submitted as part of a response to a solicitation are subject to Arizona public records law and will be disclosed if there is an appropriate public records request at the time of or after the award of the contract.

In the event any Proposer shall include in the Proposal any information deemed "proprietary" or "protected", such information shall be separately packaged from the balance of the proposal and clearly marked as to any proprietary claim. A “Confidential Information” section is included in the solicitation’s Requested Information. See section 4.5.

If a Proposer wants to assert that a proposal contains a trade secret or other proprietary information, a Proposer shall include with the submission a statement supporting this assertion. A Proposer shall clearly designate any trade secret and other proprietary information, using the term “confidential” and include it in the “Confidential Information” submittal section. Contract terms and conditions, pricing, and information generally available to the public are not considered confidential information.

The District discourages the submission of such information and undertakes to provide no more than reasonable efforts to protect the proprietary nature of such information. The District, as a public entity, cannot and does not warrant that proprietary information will not be disclosed. The District shall have the right to use any or all information included in the proposals submitted unless the information is expressly restricted by the Proposer. The District reserves the right to make its own determination of Proposer’s proprietary materials.

Requests to deem the entire proposal or price as confidential will not be considered.

When submitting a response containing “Confidential” information, Proposer agrees to defend, indemnify and hold harmless the District, its officers and employees, from every claim, demand, loss, expense, cost, damage or injury, including attorney’s fees, arising out of or resulting from the District withholding information that offeror marked as “Confidential”.

2.5 PROPOSAL FORM

All proposals must be submitted in writing, using the accepted file formats listed. Each proposal shall be prepared simply, providing the straightforward, concise description of the proposer's ability to meet the requirements of the RFP. Emphasis should be on completeness and clarity of contents. No proposal shall exceed forty (40) typewritten pages in length plus any pricing schedule(s), exhibits, resumes, proposed draft revenue sharing agreement, or attachments. Please refer to Section 4.5 Format and Submittal Requirements. Proposals that do not follow the Format and Submittal Requirements outlined in Section 4.5 may be disqualified.

2.6 PROPOSER MODIFICATIONS TO PROPOSALS

Proposals may be modified after submittal to the MCCCD Procurement Portal by accessing your Euna Procurement account. Any modifications must be made and the files re-uploaded to the MCCCD Procurement Portal by the published opening date and time. No modifications to proposals are permitted by the proposer after the published RFP opening date and time.

2.7 WITHDRAWAL OF PROPOSAL

Any Proposer may withdraw their proposal by accessing their Euna Procurement account prior to the deadline set for receipt of proposals. No proposal may be withdrawn or modified after that deadline and shall be binding upon Proposer for a period of ninety (90) days after due date. Withdrawn Proposals may be resubmitted up to the time designated for the receipt of Proposals provided that they are then fully in conformance with the general terms and conditions of the RFP.

2.8 PROPOSAL COSTS

Any and all costs associated with the preparation of responses to this Request for Proposal, including site visits, oral presentations and any other costs shall be entirely the responsibility of the Proposer and shall not be reimbursable in any manner.

2.9 ORAL PRESENTATIONS

Proposers may, after opening and prior to award, be required to make oral and visual presentations at the request of the MCCCD. The MCCCD will schedule the time and location for any presentations as requested. Oral presentations will be evaluated.

2.10 AWARD WITHOUT DISCUSSION

The MCCCD reserves the right to make an award(s) without further discussion of the proposals received. It is therefore critical that all proposals be submitted initially in the most favorable terms possible, both economically and technically.

2.11 CONTRACT COMMENCEMENT/TERM

It is the intent of the District to award a 3-year contract with 2 one-year renewal periods for a total potential contract term of five (5) years. The District may also award a contract for a term shorter as deemed necessary. The contract start date is expected to be February 1, 2026. A PO will be issued to the awarded contractor who MCCCD identifies as the best fit. No billable work is to be done without a signed PO and scope of work.

A written Notice of Award with a specific contract start date will be made prior to commencement of performance. MCCCD may at its discretion and with the concurrence of the successful proposer, exercise up to 2 one-year option periods for a total contract period not to exceed five years. However, if a mutually beneficial strategic agreement can be reached that would benefit from a longer term, those terms will also be considered.

2.12 MCCCD MODIFICATIONS TO PROPOSALS

Any interpretation, correction, or change of this RFP will be made by written Addendum. Interpretations, corrections, or changes of this RFP made in any other manner will not be binding, and Proposers shall not rely upon such interpretations, corrections, and changes. Any changes or corrections will be issued by MCCCD Purchasing. Addenda notification will be e-mailed to all known potential respondents who have answered “Yes” to the Intent to Bid question on the portal or anyone who has downloaded documents from the portal. Addenda will also be posted to the proposal documents on the MCCCD Procurement Portal located at:

https://maricopa.bonfirehub.com/portal/?tab=openOpportunities

2.13 NON-COLLUSION

The MCCCD encourages free and open competition. Whenever possible, specifications, proposal invitations and conditions are designed to accomplish this objective, consistent with the necessity to satisfy the MCCCD’s needs and the accomplishment of a sound economical operation. The Proposer's signature on its proposal guarantees that any prices offered have been established without collusion with other eligible Proposers and without effort to preclude the MCCCD from obtaining the most advantageous proposal.

Section Two: PROPOSAL INSTRUCTIONS Rev 090817

SPECIFICATIONS

3.1 Minimum Requirements

3.1.8.1 Resume Writer - or integration capability - (please share if this is native or third-party tool)

3.2 HIGH-LEVEL REQUIREMENTS

3.2.1 Student Case Management and Reporting:

3.2.2 Employer Support: Facilitate streamlined and efficient employer case management.

3.2.3 Event Coordination and Tracking: Provide seamless event coordination and tracking capabilities.

3.2.4 Adult Education / Community Based Experience

3.2.6.1 SECURITY/TECHNOLOGY

3.2.6.1.1 Describe/identify all student-specific data, including any personally identifiable information (PII) maintained within the system. Address how data is stored, secured, and can be accessed by authorized users at MCCCD.

3.2.6.1.2 Describe/identify client operating systems supported (including mobile) and any required client software. Address the matter of responsive design provided for a variety of devices.

3.2.6.1.3 Describe/identify the supported industry-standard web browsers and any needed plugins and/or extensions.

3.2.6.1.4 Describe the functionality when the product is integrated into the Canvas Learning Management System. Address activation options for faculty in their classes.

3.2.6.1.5 Describe any differences in functionality when integrated into an internally-developed SharePoint-based Learning Management System ((i.e., MCCCD’s RioLearn system).

3.2.6.1.6 Describe any differences in functionality when access is via a simple web page.

3.2.6.1.7 Describe any differences in functionality when access is via a mobile device and mobile application.

3.2.6.1.8 Describe the system’s alignment with accessibility guidelines, WCAG 2.0, and the level (A, AA, AAA) of compliance provided. Provide a copy of the Voluntary Product Accessibility Template (VPAT) and a list of accessibility features (e.g., closed captioning, compatibility with Kurzweil or other screenreaders, etc.).

3.2.6.1.9 Describe how your system meets the federal requirements of the Family Educational Rights and Privacy Act (FERPA).

3.2.6.1.10 Describe/identify ways for students wanting to share/upload their work, including supported file formats). Address any file storage related to these shared resources.

3.2.6.2 CUSTOMER SERVICE AND TRANSITION SUPPORT

Describe the levels and the recommended support options for MCCCD. Address the approach to client support including implementation and account management philosophy and processes.

Transition support

3.2.6.2.1 What is your average implementation time for new clients? Provide a sample timeline for MCCCD implementation.

3.2.6.2.2 Describe the options and levels of support, warranty coverage, and maintenance agreements available for the proposed system.

3.2.6.2.3 Has this platform been used at similar size organizations? Has it been used at similarly structured institutions of higher education?

3.2.6.2.4 Describe the customer service and assistance provided pre- and post-implementation. Include the following:

3.2.6.2.5 Describe the regular, ongoing support that is provided.

3.2.6.2.6 Support provided when experiencing problems.

3.2.6.2.7 What is your capacity for flexibility in configuration changes?

3.2.6.2.8 Describe your platform upgrade/updates process including any associated costs and disruptions to service.

3.2.6.2.9 Support provided when new functionality is released.

3.2.6.2.10 What college resources are required? (Dedicated implementation team or onboarding project manager for client onboarding). Describe the expected institutional personnel resource (hours) and skills required to maintain any technical aspect of the system (such as authentication) after it is implemented.

3.2.6.2.11 Provide your product road map. Furnish any case studies and third-party research that helps us understand your business model for tutoring services and support. Include other solutions your company currently provides Customer Service

3.2.6.2.12 Average wait time for call and email response.

3.2.6.2.13 Do you offer additional levels of support?

3.2.6.2.14 Describe all methods of support available. (call, email, on-line, etc.)

3.2.6.2.15 Describe any automated alerts and/or notifications of system outages or in-availability to render services that will be provided to Maricopa.

3.2.6.2.16 Location of customer service offices.

3.2.6.2.17 What kinds of events and user communities are available and/or supported by the provider to learn from other users and clients?

3.2.6.2.18 Describe how your organization seeks feedback from the institution to improve services and service delivery. Address how users can request and how features are added or updated.

3.2.6.2.19 Describe how the platform can be customized to an institutional brand/look and feel.

3.3 Questionnaire

3.3.1 Describe how students and other users can support satisfaction with the tutoring platform.

PROFESSIONAL SERVICES

3.3.2 Describe what services are available to assist in integration, converting/migrating existing digital document content as usable content by your product. Please also include any services you may provide related to:

3.3.2.1 Document Imaging Services/Consultation (i.e., archiving previous paper documents)

3.3.2.2 Policy and Business Process Development

3.3.2.3 Integration Services

3.3.2.4 Tracking of Success Metrics

3.3.2.5 Benchmark Efficiency

TRAINING

3.3.3 Describe what training services and materials are available for ongoing in-house training use.

3.3.3.1 Is some self-paced training available at no extra cost?

3.3.3.2 As MCCCD prepares to transition to this new platform, does your company offer onsite training so our key users and administrators can learn this product as a group?

SUPPORT, WARRANTY, MAINTENANCE

3.3.4 Describe how on-going support is provided -- including the options and levels of support, warranty coverage, and types of maintenance agreements that are available for the proposed system.

3.3.4.1 How is your system is maintained and improved. How often are patches and enhancements released?

3.3.4.1.1 Are such patches and enhancements included in the licensing or do they require purchasing a version upgrade?

3.3.4.1.2 Are they automatically deployed or does Maricopa have discretion as to when to deploy them?

3.3.4.2 Do updates ever involve system downtime?

3.3.4.3 What contingencies are made for planned or unexpected downtime?

COMPANY BACKGROUND

Section Three: SCOPE OF WORK/SPECIFICATIONS Rev 090817

PROPOSAL REQUIREMENTS

Paragraphs 4.1 & 4.2 below require specific, written responses or confirmations. To be considered for selection, respondents shall meet/provide the following requirements:

4.1 MINIMUM REQUIREMENTS

4.1.1 Must be licensed by the State that the business is in, if services requested require such licensure.

4.1.2 Must have carefully read and understand all parts of the RFP and certified that the Proposal is made in accordance therewith.

4.1.3 Must submit written answers to the Respondent Questionnaire (Section 3.3). All answers must be in the order in which the questions were asked and labeled with the specific section number.

4.1.4 The Proposer must submit a signed Signature Page (Section 9). Electronic signatures are acceptable. Failure to submit a signed proposal may result in rejection of the Proposal.

4.1.5 Must provide a completed Pricing Schedule (Section 6) signed by an authorized company signatory confirming its offer and acknowledging its understanding of the requirements of this Request for Proposal.

4.2 DEVIATIONS FROM RFP

Proposers must specifically provide a separate listing of each circumstance in which their proposal differs from any terms or conditions of this Request for Proposal. Failure to list such a deviation will result in the terms of the proposal being disregarded in favor of the corresponding term(s) of the RFP. Material deviations from the requirements of this RFP shall result in rejection of the proposal.

The term “material deviations” includes both deviations from the MCCCD contract terms set forth in this RFP and additional contract terms that the Proposer requests the MCCCD to consider. Be aware that the absence of a term on a subject in the RFP, particularly a general contract term and condition, does not mean that the Proposer should feel free to offer one. The MCCCD considers the General Terms and Conditions of this RFP to be a fair allocation of risk between a contractor and the MCCCD. It will not accept terms – revised or additional ones - that shift those risks or provide the Proposer with additional discretion. The Proposer in choosing the respond to this RFP must demonstrate in its Proposal that it accepts the terms upon which the MCCCD is conducting the competition.

To submit deviations the Proposer must state in the separate listing all deviations, including any additional terms, in the following format:

· Title your listing “REQUESTED DEVIATIONS”.

· Cite the specific page and section number of each term and condition change request. Include the original MCCCD RFP Term and Condition.

· Provide a legal redline version of the original RFP language to include the requested change(s). Or immediately below the original RFP Term and Condition include the specific language you want MCCCD to consider adding or replacing.

MCCCD will consider deviation requests, both the total number and the overall scope, in determining the most advantageous offer. Deviations may affect the possibility of an award and any requests should be considered carefully.

Deviations that a winning Proposer submits after it has been selected for award, such as through a vendor standard template contract, will not be considered. If a Proposer submits a Proposal without specific deviations, and the Proposal is accepted by MCCCD, Proposer will be deemed bound by the terms of the RFP without exception.

4.3 SIGNATURE

The Contractor shall furnish and include all requested information with their proposal. Statements are required to be complete and accurate, and the proposal shall be signed by an authorized signatory of the company (sworn to and notarized, if requested). A proposal submitted by an agent will have a current Power of Attorney attached certifying the agent’s authority to bind the Proposer. Omission, inaccuracy, or misstatement may be sufficient cause for rejection of the proposal.

4.4 AWARD CONSIDERATION

From the total information requested, determination shall be made of the Proposer's ability to serve the MCCCD. Only proposals from responsible organizations or individuals, as determined by the MCCCD, which have the capability of providing the required services under this RFP, shall be considered. Representatives from the MCCCD reserve the right to conduct interviews with the individual proposers for clarification of the proposals presented. The MCCCD reserves the right to negotiate any and all provisions presented in the proposals.

4.5 FORMAT & SUBMITTAL REQUIREMENTS

The requested information for your RFP submittal is listed below. The documents must be submitted via the MCCCD Procurement Portal before the due date here:

https://maricopa.bonfirehub.com/portal/?tab=openOpportunities Proposals that do not follow the Format and Submittal Requirements as outlined in the table below may be disqualified.

Important Notes:

· Take note of the type and number of files allowed. The maximum upload file size is 1000 MB.

· Do not embed any documents within your uploaded files. They will not be accessible or evaluated.

· Uploading documents may take significant time, depending on the number and size of the file(s) and your Internet connection speed.

· You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission.

· Minimum system requirements: Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla Firefox. JavaScript must be enabled. Browser cookies must be enabled.

Section Four: PROPOSAL REQUIREMENTS Rev 022718

RFP# 3596-10

Section Five: EVALUATION CRITERIA Rev 090817

EVALUATION CRITERIA

The following is a listing of general and specific criteria used for the evaluation of this RFP. The areas include, but are not limited to:

5.1 General quality of responsiveness of proposer:

A. Ability to meet all terms and conditions B. Completeness and thoroughness of proposal C. Grasp of scope of work to be performed D. Description of approach to be taken E. Evidence of effective organizational and management practices F. Qualifications of personnel G. Experience and past performance

5.2 Specific areas that will be evaluated and scored except as described in STEP THREE below:

A. Past experience in providing comparable services to other clients.

B. Responses to Minimum and Specific Requirements.

C. Respondent Questionnaire responses.

D. Pricing.

Proposals will be evaluated in accordance with the following three-step process:

STEP ONE - Verification of each proposer's compliance with the RFP general terms and conditions as listed in Section 1, 2, 7, and 8 of this RFP.

STEP TWO - Verification of each proposer's compliance that all required written responses/confirmations are thoroughly submitted.

STEP THREE – All proposals meeting the criteria as presented in Steps One and Two will be evaluated with a "points-earned compliance matrix". An evaluation committee will evaluate and score the proposals. The proposals will be ranked on a "points-earned" technical, service and financial compliance matrix. The evaluation committee may continue to evaluate proposals after the initial scoring of them by any means that it deems reasonable. If the evaluation committee schedules oral presentations, the presentations may or may not be scored and that scoring may, but is not required to be added to the previous scoring of the proposals. The evaluation committee reserves the right to use additional advisory committees or subject matter experts at any time during this RFP to assist with the evaluation.

Section Six: EVALUATION CRITERIA Rev 090817

PRICING SCHEDULE

The undersigned has read and understands all conditions and terms of RFP 3596-10, is authorized to submit this proposal on behalf of the company, and hereby offers to perform the services for the pricing indicated below:

6.1

6.2

Costs/Fees listed shall include all overhead and profit. No billing will be accepted that shows any other costs than those listed. This includes, but is not limited to, travel, any out-of-pocket costs, meetings, secretarial, printing, delivery, rent, phone calls, postage, overnight mail service, accounting, fuel charges, office supplies, etc.

Any contractor that MCCCD is doing business with must agree to e-billing.

Please confirm that the authorize agent preparing this Proposal has read, understands, and will ensure his/her firm’s compliance with the provisions of this section:

Authorized Agent’s Name and Initials: __________________________________ _____

You may submit a more detailed pricing schedule (using the same formatting) in lieu of the above as an attachment to this page, but the pricing schedule must be completed, initialed and included with your proposal.

RFP# 3596-10

Section Six: PRICING SCHEDULE Rev 090817

SPECIAL TERMS AND CONDITIONS

**Any deviations to the Special Terms and Conditions MAY be considered in this proposal** These General Terms and Conditions, the other provisions of the RFP and amendments to it, the Proposer proposal, and MCCCD’s purchase order terms (“Contract Documents”) along with any engagement letter will constitute the provisions of the contract between MCCCD and successful Proposer (“Contract”). MCCCD reserves the right to negotiate with the successful Proposer and modify any of the provisions of the Contract upon mutual written agreement of the parties. The RFP, amendments to it, and MCCCD’s purchase order terms will take precedence over any inconsistent terms in a proposal or other documents. The term “days” as used in this Contract means business days, unless otherwise specified.

7.1 INSURANCE REQUIREMENTS

The insurance requirements herein are minimum requirements for this contract and in no way limit the indemnity covenants contained in this contract. MCCCD in no way warrants that the minimum limits contained herein are sufficient to protect Contractor from liabilities that arise out of the performance of the work under this contract by the contractor, its agents, representatives, employees, or subcontractors and the contractor is free to purchase additional insurance.

Contractor shall maintain during the term of this Agreement insurance policies described below issued by companies licensed in the State of Arizona or hold approved non-admitted status on the Arizona Department of Insurance List of Qualified Unauthorized Insurers. Insurers shall have an A.M.

Best rating of A - VII or better. At the signing of this Agreement, Contractor shall furnish the MCCCD with certificates of insurance evidencing the required coverages, conditions, and limits required by this Agreement. Certificate of Insurance shall be sent to:

Representative’s Name (person who is collecting the certificate) College or District Office and address Phone number and email address

The insurance policies, except Worker’s Compensation, must be endorsed as require by this written agreement to name MCCCD and its agents, officers, officials, employees, and volunteers as additional insureds or its equivalent:

The Maricopa County Community College District and its agents, officers, officials, employees, and volunteers are hereby named as additional insureds as their interest may appear.

The insurance policies shall contain a waiver of subrogation endorsement in favor of Maricopa County Community College District, its agents, officers, officials, employees, and volunteers for losses arising from work performed by or on behalf of the contractor.

Contractor and, if applicable, any subcontractors will notify the MCCCD Risk Manager by certified mail promptly if it receives notice or the expiration, cancellation, suspension, or material change in its insurance coverage, but in no case fewer than 30 days before the action specified in the notice. The Contractors insurance must be primary, and any insurance or self-insurance maintained by MCCCD will not contribute to it. If any part of the Agreement is subcontracted, these insurance requirements also apply to all subcontractors.

The contracting College or District Office, in consultation with MCCCD Risk Management, reserves the right to review or make modifications to the insurance limits, required coverages, or endorsements throughout the life of this contract, as deemed necessary. Such action between the College or District Office and MCCCD Risk Management will not require a formal Contract amendment but may be made by administrative action.

In the event any professional liability insurance required by this Contract is written on a “claims made” basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning at the time work under this Contract is completed. Contractor’s work or services and must be evidenced by annual certificates of insurance.

Contractor shall notify the MCCCD Risk Manager by certified mail promptly if it receives notice or the expiration, cancellation, suspension, or material change in its insurance coverage, but in no case fewer than 30 days before the action specified in the notice. The Contractor’s insurance must be primary, and any insurance or self-insurance maintained by MCCCD shall not contribute to it. If any part of the Contract is subcontracted, these insurance requirements also apply to all subcontractors.

Commercial General Liability (CGL) – Occurrence Form Policy shall include bodily injury, property damage, and broad form contractual liability coverage, including but not limited to, the liability assumed under the indemnification provisions of this Contract.

· General Aggregate $2,000,000

· Products – Completed Operations Aggregate $1,000,000

· Personal and Advertising Injury $1,000,000

· Damage to Rented Property $50,000

· Each Occurrence $1,000,000

If applicable, Commercial Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000.00 each occurrence with respect to the Contractor’s and, if applicable, the sub-contractor’s owned, hired, and non-owned vehicles.

Worker’s Compensation insurance with limits statutorily required by any Federal or State law and Employer’s Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit.

If applicable, Professional Liability insurance covering acts, errors, mistakes, omissions rising out of the work or services performed by the Contractor, or any person employed by the Contractor, with a limit of not less than:

· Each Claim $2,000,000

· Annual Aggregate $2,000,000

7.2 OBLIGATIONS TO PROTECT CONFIDENTIAL INFORMATION

MCCCD information that is required to be kept confidential will be kept so in perpetuity.

For purposes of this Contract, Confidential Information is defined as any and all MCCCD information and data whose collection, sharing, dissemination, use, preservation, disclosure, protection, storage, destruction and/or disposition is governed by federal, state, local and/or international law or regulation, or by contract. Confidential Information includes, but is not limited to, Social Security Numbers, student records, student financial records regarding students (or their parents or sponsors), financial and personal information regarding MCCCD employees and students, protected health information (as defined by the Health Insurance Portability and Accountability Act of 1996 and its regulations), and other personal information relating to an identified or identifiable natural person. In addition, Confidential Information includes business and marketing plans, strategies, data, technology and technical information, access credentials, system information, institutional financial and performance records and other information that is proprietary to or developed by MCCCD.

7.2.1 Confidential Information does not include (i) information the receiving party already knows, (ii) information that becomes generally available to the public except as a result of disclosure by the receiving party in violation of this Contract, and (iii) information that becomes known to the receiving party from a source other than the disclosing party on a non-confidential basis. . If Contractor is required by law to transfer, disclose or permit access to or use of Confidential Information by a third party, Contractor will promptly notify MCCCD in advance of such action and cooperate with MCCCD to limit the extent and scope of such transfer or disclosure.

7.2.2 If the Contractor potentially has access to MCCCD Confidential Information under this Contract, Contractor agrees that Confidential Information provided to it, or to which it may have access, during the provision of service, will be used only and exclusively to support the service and service execution and not for any other purpose. Contractor agrees that Confidential Information will not be further disclosed to any third-party without the express written consent of MCCCD. Such use will not include examining data for targeted marketing either within the confines of the service or external to the service (e.g., keyword indexing). Contractor may use aggregate statistics on service usage solely for internal business purposes to enhance or optimize the functionality of the service provided under the Agreement provided that such data cannot be attributed to any individual following anonymization and aggregation and no MCCCD Confidential Information is retained by Contractor.

7.2.3 Contractor will limit access to Confidential Information to its employees with a need to know the Confidential Information to carry out the activities under this Contract and will instruct those employees to keep the information confidential. It is understood, however, that Contractor may disclose the MCCCD Confidential Information on a need-to-know basis to its contractors, subcontractors, and vendors who are performing services, provided those contractors, subcontractors, and vendors have executed confidentiality agreements and have agreed to materially the same or greater security obligations as Contractor provides with respect to MCCCD Confidential Information hereunder, and further provided that Contractor shall remain legally and financially liable for any unauthorized disclosure of the MCCCD Confidential Information by those contractors, subcontractors, and vendors. The access rights of any employees, contractors, and subcontractors will be removed immediately by Contractor upon termination or adjusted upon change in job function when such access is no longer necessary. Contractor will closely monitor physical and logical access to Confidential Information, including areas where it stores Confidential Information. Without limiting the foregoing, Contractor shall maintain and only allow access to Confidential Information in the United States. Contractor shall obtain MCCCD’s written consent prior to allowing access to Confidential Information from outside the United States, or transferring systems containing Confidential Information outside the United States.

If a Contractor staff person or Contractor subcontractor potentially will have access to MCCCD’s network, facilities, data, Confidential Information, and/or Sensitive Information, they may not perform any work involving such access until they have received MCCCD’s privacy and security training, and/or accepted and agreed to adhere to MCCCD’s privacy and security policies and procedures and have entered into a non-disclosure agreement with MCCCD. If exigent circumstances are presented, all or part of this requirement may be waived in writing by MCCCD’s Chief Privacy Officer or General Counsel.

7.2.4 At all times during this Contract, Contractor will maintain appropriate administrative, technical and physical safeguards to protect the security and privacy of the Confidential Information in use, in motion and at rest.

7.2.4.1 These safeguards include, but are not limited to, implementation of adequate privacy and security policies and data breach response plans that comply with industry standards and the requirements of applicable laws and the regulatory agencies responsible for enforcing them, as long as they meet or exceed MCCCD’s information security and privacy policies and procedures as previously described herein. Contractor will supply the appropriate MCCCD representative with copies of those policies and plans upon request.

7.2.4.2 Contractor will maintain personnel policies that appropriately check the backgrounds of its employees who will be providing services to MCCCD. Contractor will supply the appropriate MCCCD representative with copies of those policies upon request.

7.3 RECORD AND DATA RETENTION, OWNERSHIP, ACCESS AND DECOMMISSIONING

7.3.1 As a political subdivision of the State of Arizona, MCCCD is subject to applicable laws related to the inspection and production of public records. A public record entails any record, either paper or electronic, made by a public officer (including members of the Governing Board, faculty, staff and administrators) and kept as a memorial of an official transaction. Pursuant to Arizona Revised Statutes §41-151.12, MCCCD must retain records according to established retention periods. Records required for ongoing or foreseeable official proceedings such as audits, lawsuits or investigations must be retained until released from such official proceedings.