12-a1. 26-16 RFP Wellness Program Administrator - Copy.pdf

ROCKFORD BOARD OF EDUCATION

REQUEST FOR PROPOSALS ON SUPPLIES, MATERIALS, EQUIPMENT OR SERVICES FOR

ROCKFORD PUBLIC SCHOOL DISTRICT NO. 205

ROCKFORD, ILLINOIS

RFP No. 26-16 Wellness Program Administrator

DATE: Tuesday, November 11, 2025

PROPOSALS WILL BE RECEIVED UNTIL: TUESDAY, JANUARY 13, 2026 AT 2:00 P.M. (CST)

RE: Request for Proposals No. 26-16 Wellness Program Administrator. The purpose of this Request for Proposal is to solicit proposals for a wellness program administrator for the District.

RFP Opening: Tuesday, January 13, 2026 at 2:00 PM (CST) Rockford Board of Education, 6th floor Conference Room, 501 Seventh St., Rockford, IL 61104. The date and time as stated is also the time of the public opening. All vendors are welcome to attend the IFB opening.

If you plan to hand deliver your RFP submission on the due date, please note you must check in on the 1st floor prior to coming to the 6th floor. Please allow time for this as late submission will not be accepted.

Please return a copy of the required forms AND an electronic PDF version of the bid response (including all required forms) on a flash drive in a SEALED envelope with the bid number, subject and your firm’s name and address clearly indicated on the envelope. NOTE: FAXED and LATE bids are not acceptable and will be rejected as non-responsive. Use of the included Bid Label is recommended.

Copies of the RFP documents are available from Bonfire https://rps205.bonfirehub.com/portal/?tab=openOpportunities or by download from the District’s Purchasing Bids-RFPs webpage at https://www.rps205.com/community/vendors.

Last day for receipt of RFI: Monday, December 22, 2025 – 12:00 p.m.

Last Addendum Issued by: Monday, December 29, 2025

Refer all questions relative to the RFP, terms, conditions and specifications to the Director of Purchasing in writing (including via email at PurchasingDeptStaff@rps205.com) verbal inquiries will not be accepted. During the time the bid is in the open solicitation and unawarded phase, Respondents may not contact any District staff other than the Director of Purchasing. Inquiries which result in a change to the RFP will be included in an Addendum issued by the District.

Communication with District representatives in a manner other than identified herein may result in disqualification.

By: Casey Ramas

Director of Purchasing https://rps205.bonfirehub.com/portal/?tab=openOpportunities https://www.rps205.com/community/vendors mailto:PurchasingDeptStaff@rps205.com

REQUEST FOR PROPOSALS ON SUPPLIES, MATERIALS, EQUIPMENT OR

SERVICES FOR ROCKFORD PUBLIC SCHOOL DISTRICT NO. 205

ROCKFORD, ILLINOIS

RFP No. 26-16 Wellness Program Administrator Date: November 11, 2025

PROPOSALS WILL BE RECEIVED UNTIL: 2:00 PM (CST) on Tuesday, January 13, 2026

FOR SUPPLIES, MATERIALS, EQUIPMENT OR SERVICES SPECIFIED HEREIN. THE DATE AND THE TIME AS STATED IS ALSO THE TIME OF THE PUBLIC OPENING OF PROPOSALS. IF YOU DESIRE TO SUBMIT A PROPOSAL, PLEASE DO SO ON THE FORMS PROVIDED AND RETURN TO THIS OFFICE OR SUBMIT ELECTRONICALLY VIA BONFIRE

INTERACTIVE.

Addressed to: BOARD OF EDUCATION

School District No. 205 501 Seventh Street, 6th Fl.

Rockford, Illinois 61104

GENERAL CONDITIONS AND INSTRUCTIONS FOR ALL PROPOSALS

The Board of Education (hereinafter occasionally referred to as Board or District as the context may require) reserves the right to reject any or all Proposals submitted. One copy of this RFP is enclosed for your convenience.

a.) If submitting by mail or in person, please return a copy of the required forms AND an electronic PDF version of your Proposal (including all required forms) on a flash drive in a SEALED envelope with the RFP number, subject and your firm’s name and address clearly indicated on the envelope. NOTE: FAXED and LATE Proposals are not acceptable and will be rejected as non-responsive. Use of the included RFP Label is recommended.

b.) Proposals to be addressed as follows: Rockford Public School District Purchasing Department

501 Seventh St., 6th Floor Rockford, IL 61104 Attn: Purchasing Department

“RFP” refers to this advertised Request for Proposal. Persons and entities responding to this RFP with a Proposal are referred to as “Respondent”. Submissions in response to this RFP are referred to as “Proposal”. Once an RFP is awarded and a contract formed in writing or otherwise, the Respondent is referred to as the Contractor. The Board of Education reserves the right to return any merchandise for full price credit or replacement at the District’s discretion that does not comply with the conditions and specifications required by the RFP and any resulting contract. The Board of Education reserves the right to increase or decrease quantities shown on the RFP.

The Board of Education reserves the right to cancel purchase orders if the delivery or completion is not performed in accordance with the RFP documents, any resulting contract and the date stated on the purchase order.

The Board of Education reserves the right to have any product analyzed at a laboratory to ascertain compliance with specifications.

Expense of such testing shall be by the Board of Education unless such tests prove noncompliance with specifications at which time the expense shall be the responsibility of the Contractor.

Proposals may be awarded to the Respondent which submits a Proposal complying with these conditions and specifications and best meets the requirements of the District. All rights are reserved by the Board of Education to select the Proposal that in its judgment is in the best interest of the District and meets the needs or purposes intended. Such decisions shall be final and not subject to recourse.

The Respondent’s signature on the following page of this Form will be construed as acceptance of and willingness to comply with all provisions of the Acts of the General Assembly of the State of Illinois including, without limitation, laws rules and regulations relating to wages of laborers, and discrimination and intimidation of employees. The proposal and the resulting Contract are specifically subject to the Equal Employment Opportunity requirements of the Illinois Human Rights Act, Federal statutes and the policies and procedures of the District. Respondent agrees to comply in all respects with Federal, State, and local laws, ordinances and regulations pertaining to the Proposal and to the performance of the Contract in the event the Respondent is awarded the RFP. Provisions of applicable statutes enacted by governmental bodies having jurisdiction are hereby incorporated by reference as though fully set forth herein and became a part of this RFP and specifications.

Various statutes of the state of Illinois prohibit interest of School Board members in contracts and others prohibit interest of employees in contracts of the District as do District policies. Respondent by submitting a Proposal agrees to refrain from entering into any contract with the District where a Board member or employee of the District has a prohibited interest.

Complete, sign and return the following forms: General Conditions and Instructions for all Proposals, Proposal Form, Bid- Rigging Certification, Minority and Women-Owned Business Concern Representation, Certificate Regarding Debarment, Suspension, Ineligibility and Exclusion, Certificate Regarding Lobbying, OFAC Compliance, Vendor Conflict of Interest Disclosure Form, and any other required submittals and certifications.

No Proposals may be withdrawn after the official opening. All proposals submitted must be valid for a minimum period of sixty

(60) days after the date set for the public opening. Please check the Terms and Conditions for any variation of this requirement.

All prices are F.O.B., Rockford, Illinois, which is further defined as meaning the price submitted in the Proposal or the Proposal Form is the total price to the District, including all freight and delivery charges. Under no circumstances may prepaid charges be added to the invoice.

A substitute item will be considered only if it is an item of regular manufacture as evidenced by literature, catalogs, etc. and not a pro-type or first article test item. Substitute or “as equal” items may be submitted with all supporting documents in advance of the RFP due date for review and approval or rejection by the District. Such items are to be submitted to the Director of Purchasing for review. Permitted substitutions must be identified in the Proposal.

The successful Respondent must submit a separate invoice for each purchase order. The information on that invoice shall cover ONLY that one purchase order.

On the attached list, please type on the RFP documents the information that is requested. If there is insufficient room for your information, please present data on a separate sheet (one item to a sheet).

Any interested party, including all Respondents, may examine the RFP summary after Proposals have been opened and awarded by the Board of Education. An RFP summary will be available at the Board of Education Administration Building, Purchasing Department, 8:00 A.M., to 4:30 P.M., Monday through Friday. RFP recaps may also be reviewed by visiting Bonfire https://rps205.bonfirehub.com/portal/?tab=openOpportunities

Vendor’s signature on the Proposal Form must be an actual signature. A stamped, facsimile, or typed signature may disqualify the Proposal. Include in the Proposal all your terms and conditions; terms and conditions set forth in the RFP are generally required of all District contracts and are accepted by Respondent unless specifically identified as exceptions in the Proposal.

Please address all questions relative to any Proposal in writing to the Purchasing Department, Director of Purchasing, Board of Education, 501 Seventh Street, Rockford, Illinois 61104 (via email to PurchasingDeptStaff@rps205.com). All request for information must be submitted at least five business days (Monday – Friday) prior to the RFP due date and time. Responses to questions will be reviewed by the Purchasing Department and if a response or clarification to the RFP is issued it will be issued via addendum to the RFP and published on the District website and, if applicable, Bonfire. Any request for information submitted after the deadline will not receive a response. Under no circumstances may any bidder or its representative(s) contact any employee or representative of the Rockford Public Schools regarding this RFP prior to the closing date, other than in writing to the Purchasing staff provided above. Any violation of this condition may result in a Respondent being considered non-compliant and ineligible for award.

THIS SECTION BELOW MUST BE COMPLETED IN FULL AND

SIGNED, FAILURE TO COMPLY MAY RESULT IN

DISQUALIFICATION OF BID.

The undersigned hereby certifies that he/she has read and understands the contents of this solicitation and agrees to furnish at the prices shown any or all of the items and/or services, subject to all Instructions, Terms and Conditions, Specifications and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation.

GENERAL CONDITIONS AND INSTRUCTIONS FOR ALL RFP FORMS:

Address Name of Firm

City & State Zip Signature of Authorized Representative

Area Code Telephone Number Federal Employer Identification Or Social Security Number https://rps205.bonfirehub.com/portal/?tab=openOpportunities

SEALED BID PROPOSAL

RFP NO.: 26-16

OPENING DATE: TUESDAY, JANUARY 13, 2026

OPENING TIME: 2:00 PM (CST)

DESCRIPTION: Wellness Program Administrator

ATTN: PURCHASING DEPT.

NAME OF FIRM

SUBMITTING BID:

DATED MATERIAL-DELIVER IMMEDIATELY

PLEASE CUT OUT AND AFFIX THIS BID

LABEL TO THE OUTERMOST ENVELOPE

OF YOUR PROPOSAL (INCLUDING

UPS/FEDEX ENVELOPES) TO HELP ENSURE

PROPER DELIVERY!

LATE OFFERS CANNOT AND WILL NOT BE ACCEPTED!

ROCKFORD PUBLIC SCHOOLS DISTRICT NO. 205

GENERAL TERMS AND CONDITIONS

“District” means Rockford School District No. 205, Winnebago and Boone Counties, Illinois.

“IFB” means an Invitation for Bid issued by the District at any time or times, identified by a unique bid number.

“Bidder” means a person or entity submitting a bid to the District in response to an IFB; including successful Bidders who may also be referred to as “Contractor”.

1. BID OPENING. Sealed bids will be received at the District Purchasing Department until the date and time specified at which time they shall be opened in public. No other bids will be considered after this date and time unless it is evidenced and determined that the bid was in the District’s possession prior to the scheduled bid opening time and date. Late bids shall be rejected and shall remain unopened. The District does not prescribe the method by which bids are to be transmitted; therefore, it cannot be held responsible for any delay, regardless of the reason, in transmission of the bids. All bids delivered in person shall be deposited with the District Purchasing Department, 6th Floor, 501 Seventh Street, Rockford, IL, 61104.

2. BID PREPARATION. Bids must be submitted on this form and all information and certifications called for must be furnished. Bids submitted in any other manner, or which fail to furnish all information or certificates required, may be summarily rejected. Bids may be modified or withdrawn prior to the time specified for the opening of the bids. Bids shall be filled out legibly in ink or typewritten with all erasures, strikeovers and corrections initialed in ink by the person signing the bid. The bid shall include the legal name of the bidder, the complete mailing address, a valid email address, and be signed in ink by a person or persons legally authorized to bind the bidder to a contract. Name of person signing should be typed or printed below the signature. A checklist of required forms is included in the IFB and its use by the Bidder is recommended.

3. BID ENVELOPES. Envelopes containing bids must be sealed and addressed to the District Purchasing Department. The name and address of the Bidder and the bid number must be shown on the envelope. Use of the Bid Label included in the IFB is recommended.

4. ERRORS IN BIDS. Bidders are cautioned to verify their bids before submission. Negligence on the part of the Bidder in preparing the bid confers no right for withdrawal or modification of the bid after it has been opened.

In case of error in the extension of prices in the bid, the unit prices will govern and bind Bidder.

5. RESERVED RIGHTS. The District reserves the right at any time and for any reason to cancel an IFB, accept or reject any or all bids or any portion thereof, or to accept an alternate offer which meets all terms and conditions of the IFB. The District reserves the right to waive any minor informality or defect in any IFB and bid. Unless otherwise specified, the District will award a bid or reject bids within 90 days of the date of bid opening. The District may seek clarification from any Bidder at any time and failure to respond promptly is cause for rejection.

6. INCURRED COSTS. The District will not be liable for any costs incurred by Bidders in responding to an IFB.

7. AWARD. The District will evaluate bids and will award a contract to the lowest responsive and responsible bidder whose bid, conforming to the solicitation and specifications will be most advantageous to the District.

Determination of the lowest responsible bidder conforming to the solicitation shall not be restricted to the price quotation alone, but will include such other factors (where applicable) as (a) adherence to all conditions and requirements of the technical specifications; (b) price; (c) qualifications of the bidder, including past performance, financial responsibility, general reputation, experience, service capabilities, and facilities; (d) delivery or completion date; (e) product appearance, workmanship, finish, taste, feel, overall quality, and results of product testing; (f) maintenance costs and warranty provisions; (g) repurchase or residual value; and (h) other such related items. The District is interested in obtaining the best overall value and reserves the right to make a selection based on its judgment of the bid that is best suited for the purpose intended. The District may (1) reject any or all bids, (2) accept other than the lowest bidder, and (3) waive informalities or minor irregularities in bids received. The District may accept any item or group of items of an offer, unless the bidder qualifies the bid by specific limitations. The District reserves the right to determine the lowest responsible bidder on the basis of an individual item, groups of items, or in any way determined to be in the best interests of the District. A written award or acceptance of a bid mailed or otherwise furnished to the successful Bidder within the time for acceptance specified in the bid shall result in a binding contract without further action by either party provided, the District at its discretion may elect to require a formal written contract in which event the binding contract is not formed until the written contract is signed.

8. PRICING. The price quoted for each item is the full purchase price, including delivery to destination, and includes all transportation and handling charges, premiums on bonds, material or service costs, patent royalties and all other overhead charges of every kind and nature. Unless otherwise specified, prices shall remain firm for the contract period.

If at any time after a contract is awarded, the successful Bidder(s) makes a general price reduction in the comparable price of any material covered by the contract to customers generally, an equivalent price reduction based on similar quantities and/or considerations shall apply to the contract for the duration of the contract period (or until the price is further reduced). Such price reduction shall be effective at the same time and in the same manner as the reduction in the price to customers generally. For the purpose of this provision, a “general price reduction” shall mean any horizontal reduction in the price of an article or service offered (1) to successful Bidder’s customers generally, or (2) in the successful Bidder’s price schedule for the class of customers, i.e., wholesalers, jobbers, retailers, etc., which was used as the basis for bidding on this contract. An occasional sale at a lower price, or sale of distressed merchandise at a lower price, would not be considered a “general price reduction” under this provision. The successful Bidder shall invoice the District at such reduced prices indicating on the invoice that the reduction is pursuant to the “price reduction” provision of this contract. The successful Bidder, in addition, shall within ten (10) days of any general price reduction, notify the Executive Director of Budget and Purchasing of such reduction by letter. Failure to do so may result in termination of the contract.

Option year pricing, if any, may include price increases as stated in the bid specifications.

9. DISCOUNTS. Prices quoted must be net after deducting all trade and quantity discounts.

10. SPECIFICATIONS. Reference to brand names and numbers is descriptive, but not restrictive, unless otherwise specified. Substitute or “as equal” products may be submitted to the Purchasing Department not less than 5 days prior to the opening date of the IFB along with all supporting documentation. If the substitute or “as equal” product is accepted, the District will issue an Addendum approving the product. Bids on equivalent items will be considered, provided the bidder clearly states exactly what is proposed to be furnished, including complete specifications. Bidder by submission of a bid is offering a referenced brand item as specified or is bidding as specified when no brand is referenced, and does not propose to furnish an “equal.” The District reserves the right to determine whether a substitute is equivalent to and meets the standard of quality and salient characteristics indicated by the referenced brand name and number.

11. SAMPLES. Samples of items, when called for, must be furnished free of expense. Individual samples must be labeled with the Bidder’s name, IFB number, item reference, manufacturer’s brand name and number. If samples are requested, they must be sent under separate cover and not included with bid. The District will not be responsible for any bid enclosed with sample boxes.

12. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS. Bidders shall promptly notify the Rockford Public School District of any ambiguity, inconsistency or error which they may discover upon examination of the IFB documents. Interpretations, corrections and changes to the IFB may only be made by the issuance of an addendum by the District. Each Bidder shall ascertain prior to submitting a bid that all addenda have been received and acknowledged in the offer.

13. INDEMNIFICATION. The Bidder agrees to indemnify and hold harmless the Board of Education of and Rockford School District No. 205, Winnebago and Boone Counties, Illinois according to the terms and conditions of the Hold Harmless Agreement included in the IFB and signed by Bidder.

14. DEFAULT. If delivery of acceptable items or rendering of services is not completed by the time promised, the District reserves the right, without liability, in addition to its other rights and remedies, to terminate the contract by notice effective when received by Bidder, as to stated items not yet shipped or services not yet rendered and to purchase substitute items or services elsewhere and charge the Seller with any or all losses incurred. The District shall be entitled to recover its attorney fees and expenses in any successful action by the District to enforce this contract.

15. INSPECTION. Materials or equipment purchased are subject to inspection and approval at the District’s destination. The District reserves the right to reject and refuse acceptance of items which are not in accordance with the IFB, instructions, specifications, drawings or data or Bidder’s warranty (express or implied). Rejected materials or equipment shall be removed by, or at the expense of, the Bidder promptly after rejection and if not removed within 10-calendar days after notice, such shall be returned via collect shipping.

16. WARRANTY. Bidder warrants that all goods and services furnished hereunder will conform in all respects to the terms of this proposal, including any drawings, specification or standards incorporated herein, and that they will be free from latent and patent defects in materials, workmanship and title, and will be free from such defects in design to the best of the Bidder’s knowledge. In addition, Bidder warrants that said goods and services are suitable for, and will perform in accordance with, the purposes for which they are purchased, fabricated, manufactured and designed or for such other purposes as are expressly specified in this solicitation. Bidder further warrants, if installation of product or materials is included in the bid, that installation shall comply with manufacturer’s instructions, or if none, in accordance with industry best practice. The District may return any nonconforming or defective items to the Bidder or require correction or replacement of the item at the time the defect is discovered, all at the Bidder’s risk and expense. Acceptance of delivery shall not relieve the Bidder of its responsibility.

17. REGULATORY COMPLIANCE. Bidder represents and warrants that the goods or services furnished hereunder (including all labels, packages and container for said goods) comply with all applicable standards, rules and regulations in effect under the requirements of all Federal, State and local laws, rules and regulations as applicable, including without limitation, the Occupational Safety and Health Act as amended and any regulations of the Illinois State Board of Education and Regional Office of Education, Winnebago-Boone County region, with respect to design, construction, manufacture or use for their intended purpose of said goods or services. Bidder shall furnish “Material Safety Data Sheets” in compliance with the Illinois Toxic Substances Disclosure to Employees Act, if applicable.

18. ROYALTIES AND PATENTS. Bidder shall pay all royalties and license fees. Bidder shall defend all suits or claims for infringement of any patent, copyright or trademark rights and shall hold the District harmless from loss on account thereof.

19. COMPLIANCE WITH LAWS AND REGULATIONS. Bidder represents and warrants that throughout the term of any contract arising from award of a bid and any extension thereof, Bidder and all products shall be and shall remain in compliance with all applicable federal, state, and local laws and regulations.

20. TERMINATION FOR CAUSE.

a. The District may terminate this contract in whole or in part, without liability:

• if deliveries are not made at the time and in the quantities specified,

• if the Bidder fails to perform any of the provisions of the IFB, the bid, and the resulting contract, or so fails to make progress as to endanger performance of the contract in accordance with its terms, and in either of these circumstances does not cure such failure within 30 days or such period of time as the District may direct,

• if it is determined the successful Bidder knowingly falsified information provided to the District,

• if it is determined the successful Bidder offered substantial gifts or gratuities to a District official, employee, or agent whether in their official capacity or not,

• or in the event of a breach or failure of the Contractor to comply with any of the other terms or conditions herein.

b. The District shall notify the contractor in writing of the specific nature of the breach and shall request that it be cured. If the Contractor does not cure the breach within thirty (30) days of such notice, the District may immediately terminate this contract. To terminate, the District shall give notice to the Contractor in writing, and to the extent specified therein, Contractor shall immediately terminate deliveries under the contract.

Termination of the contract shall not preclude the District from pursuing any and all remedies available to it at law or at equity.

c. Any termination by the District, whether for default or otherwise, shall be without prejudice to any claims for damages or other rights of the District against Contractor.

d. The District shall have the right to audit all elements of any termination claim and Contractor shall make available to the District on request all books, records, and papers relating thereto. The Contractor shall be paid only for the performance of work up to the date of termination if the District exercises its right to terminate.

21. TERMINATION WITHOUT CAUSE. Unless otherwise specified in the Invitation for Bid, a contract resulting from award of a bid may be unilaterally terminated by the District, for any or no reason, upon sixty (60) days written advance notice to the Bidder. Bidder may submit claims for actual work performed up to and including the day of notice of termination with appropriate documentation supporting such claim for materials, labor, or acquired inventory for equitable adjustment and any such material shall become the property of the District upon settlement.

22. ASSIGNMENT. The Bidder may not assign, subcontract, delegate or otherwise transfer this contract or any of its rights or obligations hereunder, nor may it contract with third parties to perform any of its obligations hereunder except as contemplated in this contract, without the District's prior written consent.

23. FORCE MAJEURE. Each Party shall be excused from liability for the failure or delay in performance of any obligation under this Agreement by reason of any event beyond such Party’s reasonable control including but not limited to Acts of God, fire, flood, explosion, earthquake, or other natural forces, civil or military authority, terrorists, war, civil unrest, accident, any strike or labor disturbance, shortage or inability to obtain critical material or supplies, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, or any other event similar to those enumerated above and beyond the Parties’ control.

Such excuse from liability shall be effective only to the extent and duration of the event(s) causing the failure or delay in performance and provided that the Party has not caused such event(s) to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. District’s payment obligations under this Agreement shall be tolled for the duration of such force majeure and in proportion to the extent that Contractor’s performance is delayed, suspended, or otherwise affected. If a Party’s non-performance under this section extends for thirty (30) days or longer, the Party affected by such non-performance may terminate this Agreement by providing written notice thereof to the other Party.

24. BID CERTIFICATION. The Bidder’s signature on a bid certifies: (a) The bid is genuine and not made in the interest of, or on the behalf of, any undisclosed persons, firms or corporation and is not submitted in conformity with any agreement or rules of any group association, or organization. (b) Bidder has not directly or indirectly induced or solicited any other Bidder to enter a false or sham bid. (c) Bidder has not solicited or induced any person, firm or group to refrain from bidding. (d) Bidder has not sought by collusion or otherwise to obtain for self-interest any advantage over any other Bidder or the Owner. The Bidder’s signature on the Bid Form certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown any or all of the items and/or services, subject to all instructions, conditions, specifications and attachments hereto. Failure to have read all the provisions of the IFB shall not be cause to alter any resulting contract, request additional compensation, or relieve Bidder from obligation to perform under this contract.

25. MODIFICATIONS. This contract can be modified only by written bi-lateral modification signed by the parties or duly authorized agents.

26. ADDENDA. If it becomes necessary to revise any part of the IFB, a written addendum will be issued by the District and posted on the District webpage and may also be posted with Bonfire. If the District issues written addenda, such addenda shall become part of the contract documents. A Bidder who fails to review an addendum and who has previously submitted an offer, shall not be relieved from any obligation in the bid submitted.

27. BINDING EFFECT. The terms, conditions, provisions, and undertakings of any contract formed by award of a bid shall be binding upon and inure to the benefit of each of the parties thereto and their respective successors and assigns.

28. EQUAL OPPORTUNITY EMPLOYER. The Rockford Public School District is an Equal Opportunity Employer and encourages bids or proposals from any company or individual regardless of race, gender, national origin, religion or age.

-END OF GENERAL TERMS AND CONDITIONS-

SUPPLEMENTAL TERMS AND CONDITIONS

1. INTENT. It is the intent of these specifications that the Rockford School District No. 205 (herein the “District”) will procure all specified products of first class workmanship and services of professional quality to ensure complete and acceptable product and services performance in all aspects, within the budget limitations, and in accordance with offering procedures as outlined by the Statutes and Regulations of the State of Illinois, applicable Federal Statutes and

Regulations, and policies of the Board of Education of Rockford School District No. 205, Winnebago and Boone

Counties, Illinois. It is further the intent of these specifications to secure adequate competition from qualified suppliers however standards of quality will not be sacrificed based solely on price.

2. DEFINITIONS. The following terms used in this Supplemental Terms and Conditions have the indicated meaning:

“District” means Rockford School District No. 205, Winnebago and Boone Counties, Illinois.

“Board” means the Board of Education of the District.

“RFP” means a Request for Proposal issued by the District at any time or times, identified by a unique RFP number.

“Proposal” means as response submitted by a Respondent to an RFP.

“Respondent” means a person or entity submitting a Proposal to the District in response to an RFP.

A Respondent awarded a contract is referred to as the “Contractor”.

A “Contract” is the agreement, in writing or otherwise, formed following award of an RFP.

3. EVALUATION CRITERIA. Although price is a consideration in the award of RFPs, award will not be based on price alone. Proposals in response to this RFP will be evaluated utilizing the following criteria, but not in any prescribed order.

a. Price

b. Adherence to these specifications

c. Ordering and delivery

d. Quality of services

e. Contractor past performance

f. Service

g. Review of references

h. Rebate program (if applicable)

i. Financial stability of firm (provide a copy of your firm's most recent annual report, if requested)

The District reserves the right to reject any or all proposals or to accept the proposal or any part of a proposal, including substitutions, which embraces such combination of proposals as may promote its interest. The District may award an RFP to any responsible Respondent.

4. TAX IDENTIFICATION NUMBER. The School District is required to have on file appropriate tax identification information concerning Respondent/Contractor. This information should be a Federal Employer's Identification

Number, but in the instance of some independent contractors, this number may be a Taxpayer’s Identification (Social

Security) Number.

IN ORDER FOR A RFP TO BE CONSIDERED BY THE SCHOOL DISTRICT, THE ABOVE

REFERENCED TAX IDENTIFICATION NUMBER MUST BE PROVIDED ON THE FACE SHEET IN THE

SIGNATURE SECTION. IT IS ALSO REQUESTED THAT YOU IDENTIFY THE LEGAL

ORGANIZATIONAL STATUS OF YOUR FIRM IN THE SIGNATURE SECTION. PLEASE IDENTIFY

WHETHER YOUR FIRM IS A CORPORATION, PARTNERSHIP, PROPRIETORSHIP, ETC. SHOULD

YOU HAVE ANY QUESTIONS CONCERNING THIS TAX IDENTIFICATION NUMBER, PLEASE

CONTACT THE PURCHASING DEPARTMENT.

5. RESPONSIBILITY TO COLLECT AND REMIT ILLINOIS USE TAX. The Respondent acknowledges and understands that any Proposal for goods and services resulting in a Contract award to a Respondent requires that as a

Contractor the person or entity and all affiliates of the person or entity will collect and remit Illinois Use Tax on all sales of tangible personal property into the State of Illinois in accordance with the provisions of the Illinois Use Tax

Act (35 ILCS 105/1 et seq.) regardless of whether the person/entity or affiliate is a “retailer maintaining a place of business within this State” as defined by the Use Tax Act (35 ILCS 105/2).

6. INTERPRETATION OF ERRORS. Should questions arise that require interpretation, such questions shall be submitted to the Director of Purchasing in writing only (also via email: PurchasingDeptStaff@rps205.com). Verbal inquiry is not accepted The District decision shall be conclusive and binding for all parties involved. No advantages shall be taken by any party of manifest clerical errors or omissions in the specifications. All Respondents are requested to notify the District immediately of any errors or omissions that may be discovered.

7. RETURN OF RFP INFORMATION. The District has established that only one copy of an RFP will be sent to a vendor. It is imperative that, if submitting a Proposal, an original signature exists on the RFP documents submitted. If additional copies of original RFP documents are made on a copy machine or are requested, they must also contain original signatures where applicable. When multiple copies are submitted one copy shall be labeled as “Original” on the face page.

8. USE OF PREMISES. The Respondent shall have access to the relevant District grounds and facilities for the purpose of familiarization with the conditions, delivery points for products, and/or sites for performance of service(s), if applicable, in order to fulfill the requirements of the Contract; all subject to compliance with District policies for visitors on school grounds.

9. OWNERSHIP OF MATERIALS AND EQUIPMENT. All materials and/or equipment supplied by or for the

Respondent shall remain the Respondent's property until such time as accepted by the District.

10. EQUIVALENCY AND SUBSTITUTES. The District shall be the sole and final judge whether any substitute is of equivalent or better quality. This decision is final and will not be subject to recourse. Substitutions may be submitted with supporting documentation to the Director of Purchasing. RFP specifications are to be used as identifying those minimum salient characteristics in determining the quality or materials, performance of product(s), methodology in provision of services and workmanship required, however, the District may purchase services, equipment and materials that in the District’s judgment will best serve the interests of the school district even if at a higher cost based on features that are considered desirable and exceeding those minimum requirements or that represent a breakthrough technology for that industry.

11. STORAGE OF EQUIPMENT. The Contractor shall be responsible for the storage and safeguarding of the equipment provided in performing an awarded RFP and resulting contract. The Contractor shall have the necessary quantities available at the required time, but shall not make delivery to the premises until agreed upon or requested.

12. SCOPE OF WORK. This RFP requires that the Respondent/Contractor provide all necessary services, personnel, labor materials, and equipment; and furnish and deliver said products and services in accordance with all terms, conditions and specifications set forth in the RFP; provided, that such terms and conditions are subject to the terms of the final Contract.

13. PROPERTY DAMAGE AND INJURY. The Contractor shall take all necessary precautions to prevent damage to the premises or properties of others. In case of any damage, resulting from operations under the Contract, Contractor shall make proper restitution. The Contractor shall exercise due caution for the protection of persons, and shall protect the District from expense and hold the District harmless from liability by reason of injury, including death, to any person or persons, or from any damage to the property of others occurring as a result of Contractor’s performance under the Contract in accordance with the signed Hold Harmless Agreement. The Contractor's signature on the

Proposal Form; certifies to the District that the Contractor has the required insurance coverage for any vehicle that may be utilized in the delivery of products or materials on the District's property.

14. INSURANCE REQUIREMENTS. All Respondents/Contractors shall have a Certificate of Insurance and provide policy endorsements evidencing specific coverage of the types of insurance in the amounts specified below and deliver to the Purchasing department upon award of an RFP such qualifying certificate or certificates of insurance.

Coverage shall be placed with a responsible company licensed to do business in the State of Illinois, and with a minimum insurance rating of A:VII as found in the current edition of A M Best’s Key Rating Guide. Each policy shall bear an endorsement precluding the cancellation or reduction of said policies without providing to the District thirty

(30) days prior notice thereof in writing. All required insurance shall be maintained by the Contractor in full force and effect during the life of the Contract, and until such time as all work has been approved and accepted by the

District. The Contractor is responsible for all insurance deductibles and Self-Insured Retentions. During the term of the Contract, Contractor shall maintain insurance at or above the limits specified, and each such policy shall include the District as an additional insured. Such policies shall cover any loss or liability that may be incurred by the District, its board members, administrators, employees, staff members, agents, attorneys, and all other representatives, resulting from Contractor’s maintenance, operation, or use of a Vehicle in performing transportation services pursuant to the attached Contract, or from Contractor’s performance of any other duty under the Contract. Contractor shall furnish all such policies, with proper certification, to the District upon execution of the Contract. All such policies shall contain a cancellation clause requiring the insurer for each respective policy to notify the District at least thirty

(30) days in advance of the expiration of that policy or any decreases in the scope of its coverage below the requirements of this Section or the attached specifications. In the event of such expiration or decrease, the District may withhold money due and owing to Contractor, or which may become due and owing to Contractor, in an amount sufficient to obtain insurance to the levels required by this Section, and may then apply those funds for that purpose.

All deductibles required by all such policies shall be paid by Contractor, and the District shall have no obligation to pay them.

The insurance required by this section shall cover any loss or liability resulting from Contractor’s transportation of students to and/or from any interscholastic athletic or other interscholastic or school sponsored activity in a van, or any other vehicle designed to transport between not less than seven (7) and not more than fifteen (15) people, as provided in 105 ILCS 5/29-6.3.

The insurance required by this section shall meet the minimum limits established in Section 12-707.01 of the Illinois

Vehicle Code, 625 ILCS 5/12-707.01, including a minimum of personal injury liability insurance in the amount of

$1,000,000 for any one person in any one accident, and subject to the limit for one person, $5,000,000 for two or more persons injured by reason of the operation of the vehicle in any one accident.

The cost of all policies required by this Section shall be reflected in the prices stated on the Proposal Form, and

Contractor shall not be entitled to receive from the District any additional compensation for any such insurance costs.

At all times during the term of the contract, the Contractor and its independent contractors shall maintain, at their sole expense, insurance coverage for the Contractor, its employees, officers and independent contractors, as follows:

INSURANCE TYPE MINIMUM ACCEPTABLE LIMITS OF LIABILITY

Workers Compensation Statutory

Employers Liability

A. Each Accident

B. Each Employee-disease

C. Policy Aggregate-disease

$1,000,000

$1,000,000

**Commercial General Liability ****

A. Per Occurrence

B. General Aggregate

1.General Aggregate- Property

2. General Aggregate – Per project

3.General Aggregate - Products/ Completed

Operations

$5,000,000

$3,000,000

$3,000,000

Comprehensive Auto Liability

Uninsured Motorist Coverage

$5,000,000 bodily injury and property damaged combined

$150,000 per person, $500,000 aggregate

Fire Legal Liability (any one fire) $100,000

General Umbrella Excess Liability

$3,000,000 - $5,000,000*

** Business Auto Liability **** $1,000,000

* Minimum $3,000,000.00; maximum $5,000,000.00 as prescribed in the Bid documents.

** An Additional Insured Endorsement as well as endorsements for Waiver of Subrogation and Insurance is

Primary and Non-Contributory to additional insured insurance coverage in addition to a Certificate of

Insurance

**** Garage Liability (combines standard GL & Auto Liability) Garage Keepers Liability

If any policy or coverage is written as "claims made" then coverage must be maintained for 4 years after project completion.

Notwithstanding the existence of required insurance, Contractor agrees it is responsible for injury and damage to persons and property including such damages as may exceed the limits set forth above, resulting from its own negligence and the negligence of its owners, employees, agents and representatives and further for the negligence of others under Contractor’s direction and control when arising from or in any way related to the bid and resulting contract and Contractor’s performance of its contract obligations.

The District and its officers and employees shall be named as additionally insured on all certificates of insurance.

Insurance certificates shall also reference project name and RFP NUMBER. Certificates should be faxed (and hard copy mailed) to: Rockford Public Schools, Purchasing Department, 501 Seventh Street, Rockford, Illinois 61104.

15. METHOD OF AWARD. The District reserves the right to award related items on a group basis if deemed in its best interest, even if not stated as such on the specifications. The District further reserves the right to make an aggregate award if in its best interest.

16. GENERAL AWARD. The award on this bid will not be made at the time specified for the receiving and opening of

Proposals. The RFP will be awarded at a later date by the Board of Education.

17. SCHEDULE OF AWARD. In order that Respondents may more accurately complete a Proposal, it is anticipated that the Board of Education will consider the award on this RFP within 90 days of the date of bid opening; the successful

Respondent(s), if any, will be notified immediately thereafter.

18. WITHDRAWING OF PROPOSALS. No Proposal may be withdrawn by a Respondent after the time and date of the official public opening. All Proposal prices submitted must be valid for a period of ninety (90) days after the date set for the bid opening. This period of time is reserved to permit the Board to evaluate Proposals, conduct tests, resolve issues and discrepancies in Proposals and make the award, if any.

19. VALIDITY OF PRICES. All Proposal prices must remain valid and firm on awarded RFPs until product(s) is/are delivered or the project completed, and until accepted by the District and invoiced by the Contractor.

20. PERIOD FOR ACCEPTANCE OF PROPOSALS. In compliance with the solicitation, the Respondent agrees, if this bid is accepted within ninety (90) calendar days from the date specified in the solicitation for the receipt of

Proposals, to furnish any or all items upon which prices are proposed at the price set opposite each item, delivered at the designated point(s), within the time specified in the solicitation.

21. COMPLETION DATES. Contractors are to complete projects as required. Unless stated differently in the solicitation, the product(s) and/or service(s) are to be delivered or completed within the dates required. Should a

Contractor be unable to comply with the required completion date, the Contractor is to notify the District immediately.

22. INSPECTION AND ACCEPTANCE. At the time the Contractor has completed work in accordance with the specifications, the Contractor shall, with the District, make a final inspection. After the final inspection, if the District and the Contractor are in agreement, the Contractor shall submit invoices for payment in accordance with the payment section of these specifications.

23. SIGNATURES. It is required that the Respondent’s signature appears on ALL the following forms:

a. Second page of General Conditions and Instructions for All RFPs Form

b. Bid-Rigging Certification

c. Minority and Women Owned Business Form

d. Certification Regarding Debarment Form

e. Certificate Regarding Lobbying Form

f. OFAC Compliance Form

g. Vendor Conflict of Interest Disclosure Form

h. Form W-9 Department of the Treasury Internal Revenue Service

i. Respondent’s Certifications

j. Proposal Form

k. Other forms specified in the RFP

24. PAYMENT. Payment on proper invoices submitted by Contractor will be made in compliance with the Local

Government Prompt Payment Act, 50 ILCS 505/1, et. seq. and District Policy within forty-five (45) days after invoice approval by the District. THE FEDERAL EMPLOYER IDENTIFICATION NUMBER OR SOCIAL SECURITY

NUMBER MUST APPEAR ON EACH INVOICE REQUESTING PAYMENT. (See clause entitled, "Tax

Identification Number", for further clarification.) Invoices are to be submitted to the Accounts Payable Department at

501 Seventh St, Rockford, IL 61104.

25. WORK CHANGES. Changes in the Contract or Purchase Order must be agreed upon in writing between the District and the Contractor before execution of any changes involved may be implemented or payment may be withheld pending a determination that such change is required and ratified by the District.

26. SAFETY CODES. It is required that all equipment be in full compliance with any and all Federal and State Statutes, including, without limitation, OSHA Safety Standards, Environmental Protection Agency and Life Safety Codes, Health Codes, the School Code, and any applicable regulations and ordinances of the City of Rockford and County of

Winnebago, Illinois.

27. QUANTITIES. After Proposals have been evaluated, the District reserves the right to increase or decrease quantities as stated on the RFP for budgetary reasons. The District further reserves the right to accept or reject any or all alternate offers, or to alter the original solicitation document in order to comply with budgetary requirements.

28. PROPOSALS. Respondents must return the following when submitting a sealed bid; references in the required forms to “Bid” shall mean “Proposal”, references to “Bidder” shall mean “Respondent”:

a. Second page of General Conditions and Instructions for All RFPs Form

b. Bid-Rigging Certification

c. Minority and Women Owned Business Form

d. Certification Regarding Debarment Form

e. Certificate Regarding Lobbying Form

f. OFAC Compliance Form

g. Vendor Conflict of Interest Disclosure Form

h. Form W-9 Department of the Treasury Internal Revenue Service

i. Respondent’s Certification

j. Proposal Form

k. Any required…