13001-861-25EL Autism-Friendly Campus-Multimedia Services RFP.docx

LANSING COMMUNITY COLLEGE

PURCHASING DEPARTMENT

REQUEST FOR PROPOSAL

AUTISM-FRIENDLY CAMPUS INITIATIVE-MULTIMEDIA SERVICES

RFP#: 13001-861-25EL

ISSUED BY: EVELYN LYNN – PURCHASING BUYER

EMAIL: LYNNE@star.lcc.edu

Estimated Timeline: All dates listed on this cover page are subject to change via addendum.

Any and all communication with Lansing Community College shall be accomplished through the Purchasing Department. Any Contractors that deviate from this requirement are subject to disqualification.

Proposals may be submitted via BidNet Direct: MITN Purchasing Group. Proposals received by any other method than noted cannot be considered. You must be registered at https://www.bidnetdirect.com/public/user-registration?purchasingGroupId=8412351 in order to submit a proposal. The system will not accept late proposal responses. The College is not responsible for technical difficulties that Contractor’s may face while uploading documents to the MITN BidNet Direct portal.

Contractors are responsible for submitting their proposals on time. Proposals received by any other method than noted above, or that are late, cannot be considered unless (a) all other proposals received are non-responsive and/or non-responsible, (b) only one proposal is received, or (c) no other proposals are received. Expenses for developing and presenting proposals shall be the entire responsibility of the Contractor and shall not be chargeable to the College.

The College will clarify, correct, or respond to any questions received at lynne@star.lcc.edu OR via the BidNet Direct platform by the issuance of an addendum on BidNet Direct. The question-and-answer period represent the only avenue that Contractors have to raise concerns about the specifications and scope of work associated with this solicitation. In the interest of transparency, only written questions will be accepted. Please reference the RFP page number, exhibit, and/or section when submitting questions and/or comments.

Proposals submitted must remain in effect for a minimum of 90 days from the date of submission, and may be subject to further extensions as negotiated. The issuance of this solicitation, the receipt of proposals, and the evaluation of proposals does not bind or impose legal obligation upon the College or the Contractor(s) in any way. General Contractor information and LCC purchasing policy and procedures can be found at https://www.lcc.edu/purchasing/policy-procedures.html.

STATEMENT OF WORK

I. BACKGROUND

The College is a major urban community college, situated on 48 acres, in a nine-city block area in downtown Lansing, Michigan. Founded in 1957, the College is now the eighth largest community college in the state of Michigan. The College currently enrolls more than 13,000 college-credit students each year, and has over 600 full-time and over 900 part-time employees. The College offers classes year-round in a three-semester curriculum. The College offers 232 degree and certificate programs and over 900 courses to match career and workforce development pursuits, transfer curricula, developmental, or special interest needs. Courses are offered in one of three academic divisions: Arts and Sciences; Health and Human Services; and Technical Careers.

In addition, the Community Education and Workforce Development division provides community and continuing education and includes the College’s Business & Community Institute that provides customized training directly to regional businesses.

In addition to the Downtown Campus, the College operates the West Campus in Delta Township that is home to the Michigan Technical Education Center, the East Campus in East Lansing, the Livingston Center at Parker Campus in Howell, and the Aviation Maintenance Center at the Mason-Jewett Airport in Mason.

The College is accredited by the Higher Learning Commission of the North Central Association of Colleges and Schools.

Please note, the term contractor and vendor are used interchangeably.

II. OVERVIEW

Lansing Community College is currently seeking competitive proposals from an experienced multimedia company or individual to create a multimedia presentation using the executive summary, professional development plan, and recommendations provided by Landmark College, LCC’s contracted consulting services firm. The awarded contractor, along with the Marketing Director and Associate Vice President of External Affairs, will be responsible for constructing a plan for future internal and external presentations, to include conferences.

The objective of this project is:

· Creation of multimedia content to be shared with internal and external stakeholders and at conferences and can be adapted by other institutions. The multimedia content will include:

· Videography – interviews with LCC representatives and other content experts (architects; experts in neuro-divergent space planning/consulting, etc.) both on and off LCC’s campuses. All media releases shall be secured by the chosen contractor.

· Video and audio editing – footage will be compiled, reviewed, and edited according to the parameters of the final project outline. Final length and number of video clips TBD. Any music used should be fully licensed.

· Design and creation of a PowerPoint presentation.

· All media assets will be provided to LCC in multiple formats for use on lcc.edu, social media, broadcast/streaming television, and in print. Finished files will become the sole property of LCC.

III. SCOPE OF WORK

a. Vendor experience and qualifications MUST align with the items shown in the table below. Please mark each row to indicate if the contractor meets the listed experience or qualification and provide detailed information in your response as to how the contractor meets or exceeds each item.

b. Vendor requirements and responsibilities MUST align with the requirements shown in the table below. Please mark each row to indicate if the contractor meets the listed qualifications/responsibilities, and provide detailed information in your response as to how the contractor meets or exceeds each qualification/responsibility.

IV. GENERAL CONTRACTOR INFORMATION

Please complete the table below. All questions must be answered. Please refrain from responding with a phrase such as “cannot provide at this time or will provide at a later date if selected”; the reviewer will consider these answers non-responsive.

Contractor Name:

Address:

City/State/Zip:

Company Name: (If not same as above)

Contact Person: (Employee of vendor)

Title:

Contact Phone #:

Contact Email:

Company Website Address:

Provide Tax & Business License Information along with your company’s Federal Identification Number:

Has the Contractor, within the last 10 years, filed (or had filed against it) any bankruptcy or insolvency proceeding, whether voluntary or involuntary, or undergone the appointment of a receiver, trustee, or assignee for the benefit of creditors; and if so, provide an explanation of the relevant details.

If the Contractor has had a contract terminated for default in the last five years, describe such incident.

Has the Contractor, its principals, officers, or predecessor organization(s) been debarred or suspended from bidding by any government during the last five (5) years? If yes, provide details.

Is your company in compliance with EEO requirements?

Is your company a minority business enterprise or owned by any other recognized, disenfranchised group?

With respect to insurance requirements outlined in the Terms & Conditions, Contractor shall provide evidence of such coverage by way of a Certificate of Insurance or Certificate of Coverage.

Provide a statement regarding any experience providing services to LCC currently or in the past.

V. REFERENCES

Please provide contact information for a minimum of three recent and/or current customers of similar size. At least one reference must be from a college or university, as well as information for each project.

# 1

Organization Name:

Address:

Contact Person:

Phone #:

Email:

Previous Project Information

#2

Organization Name:

Address:

Contact Person:

Phone #:

Email:

Previous Project Information

#3

Organization Name:

Address:

Contact Person:

Phone #:

Email:

Previous Project Information

VI. PRICE PROPOSALS

Note: An official price proposal can be submitted in place of the below table.

Additional/Misc. Fees

EVALUATION AND AWARD CRITERIA

I. EVALUATION SCORING CRITERIA

Proposals will be evaluated on Contractor’s demonstration of responsiveness and responsibility (best value). Proposal evaluations employ a Point rating criterion.

II. INTERVIEW AND PRESENTATION

Vendors receiving a cumulative score of 75 or higher from the selected Evaluation Committee may be required to participate in a post-bid presentation or interview process. Any such process will not be scored; however, respondents will be ranked. All meetings will be scheduled by the Purchasing Department.

III. ADDITIONAL INFORMATION

Vendors receiving a score of 75 or higher may be asked to provide additional information (including but not limited to copies of credential information including licenses and financial information). Failure to provide this information within the requested time period after communication of the request by the College will be grounds for the College to reject an offer, and/or declare the offer as non-responsive. Furthermore, the Awarded Contractor may be required to fill out additional Contractor Forms including but not limited to a contractor application, Certificate of Insurance and W-9 Form.

IV. PRICE EVALUATION

Price submissions will be a primary factor in the award of the proposed project. However, the College is not required to accept the lowest priced proposal.

V. AWARD RECOMMENDATION

An award will be made to the Contractor(s) whose proposal is most advantageous (provides the best value) to the College, where price, quality and other factors are considered. The LCC Board of Trustees approves all purchases in excess of $100,000. The award process is not complete until the awarded Contractor receives a properly executed contract or blanket purchase order. Submission of a proposal indicates Respondent’s acceptance of the evaluation technique and Respondent’s recognition that the College must make some subjective judgments during the evaluation process.

VI. RESERVATIONS

a) The College reserves the right to reject any and all proposals, wholly or in part, waive any irregularities in bidding, and to make awards that, in the opinion of the College, are in its best interest.

b) The College reserves the right to enter into private negotiations with the selected Contractor(s), for further scrutiny, even though these negotiations may result in changes to the College’s specifications and/or to the Contractor(s) equipment, price quotations, service agreement, etc.

c) The College reserves the right to consider regional economic impact when evaluating proposals. This includes, but is not limited to: considering principal place of performance, number of Michigan citizens employed or potentially employed, dollars paid to Michigan residents, Michigan capital investments, job creation, tax revenue implications, economically disadvantaged businesses, etc.

d) The College reserves the right to award contracts to more than one Contractor in order to meet the needs of the College at all on campus and off campus locations. The College further reserves the right to extend the expected contract period by way of option years. In addition, the College reserves the right to not extend an award to any Contractor.

e) The College reserves the right to reject and/or not award to contractors whose previous performance with LCC resulted in a documented negative Contractor performance report(s).

f) The College reserves the right to request cost or pricing data.

g) The College reserves the right to not make an award as a result of this solicitation.

h) The College reserves the right to re-issue this solicitation if no responses are received.

i) This solicitation is open to all interested Contractors that currently provide the items and/or services outlined in this solicitation.

j) Budgetary information is not available.

k) The evaluation process for this solicitation will include multiple steps.

l) Once proposals are submitted, all proposals are considered property of LCC.

m) LCC Purchasing Policies and vendor appeal information can be found at: https://www.lcc.edu/purchasing/contractor-info.html.

n) The issuance of this solicitation, the receipt of proposals, and the evaluation of proposals does not bind or impose legal obligation upon the College or the Contractor(s) in any way.

o) Any awarded Contractor(s) will remain independent contractor(s), not an employee of the College, under the terms of this Agreement and as such is not entitled to unemployment or Worker’s Compensation Insurance benefits for the College as a result of this personal services agreement.

VII. ACCEPTANCE OF DELIVERABLES

Reports and all other deliverables are subject to LCC review and written acceptance prior to payment.

VIII. APPLICABLE REGULATIONS AND SPECIFICATIONS

Contractor’s staff may be required to sign a non-disclosure agreement as they may have access to confidential College data and records. Contractor agrees to compliance with the College’s Acceptable Use and Mobile Device policies.

IX. LCC CONTRACT MANAGER

LCC will assign a Contract Manager to be the single point of contact for the awarded Contractor.

X. FREEDOM OF INFORMATION ACT (FOIA)

Lansing Community College can withhold from public disclosure certain categories of public records under the Freedom of Information Act (FOIA). In regards to proposal submissions, the following public records are exempt from disclosure under this act: trade secrets or commercial or financial information of a privately held company. Contractors are not permitted to mark the entire proposal “Confidential.” If an item is marked “Confidential”, the Contractor must include a statement as to how this information meets the exemption. The final decision regarding disclosure remains with the College.

REQUIRED CONTRACTOR FORMS

FORM A: RFP CERTIFICATION FORM

The undersigned is duly authorized to represent the person, Contractors and corporations joining and participating in the submission of this solicitation, states that the proposal contained herein is complete and is in strict compliance with the requirements of the subject RFP with the exception of any exceptions noted by the Contractor.

Company Name: ___________________________________________________________________

Attention: _________________________________________________________________________

Address: _________________________________________________________________________

City/State/Zip Code: ________________________________________________________________

Contractor Federal Tax Id Number: _____________________________________________________

Telephone: _______________________________________________________________________

Email: ___________________________________________________________________________

Authorized Officer/Agent Signature: ____________________________________________________

Typed Name: ______________________________________________________________________

Title: _____________________________________________________________________________

Date: ____________________________________________________________________________

PLEASE COMPLETE THE FOLLOWING:

______ Contractor is located within the LCC Tax District. (This information can be found on your Property Tax bill).

______ Contractor is not located within the LCC Tax District.

FORM B: NON-COLLUSION AFFIDAVIT

The Contractor making the foregoing proposal, quote or bid; affirms that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived, or agreed, directly or indirectly, with any bidder or person, to put in a sham bid, or that such other person shall refrain from bidding, and has not in any manner, directly or indirectly sought by agreement or collusion, communication or conference, with any person, to fix the bid price of this proposal, or another bidder, or to fix any overhead, profit or cost element of said bid price, or of that of any other bidder, or to secure any advantage against Lansing Community College or any person or persons interested in the proposed contract; and that all statements contained in said proposal or bid are true, further, that such bidder has not, directly or indirectly submitted this bid, or the contents thereof, or divulged information or data relative thereto to any association or to any member of agent thereof. Bidder has not provided gifts or money to any college employee to obtain information, unfair advantage, or contract award.

Authorized Officer/Agent Signature: _________________________________________________

Typed Name: ___________________________________________________________________

Title: __________________________________________________________________________

Date: __________________________________________________________________________

Sworn and subscribed this ____________ day of ____________________________________2025.

Signature (Witness) _____________________________________________________________

Typed Name: __________________________________________________________________

Title: ________________________________________________________________________

*This does not need to be signed by a Notary.

FORM C: TERMS AND CONDITIONS AGREEANCE FORM

The undersigned is duly authorized to represent the person, Contractors and corporations joining and participating in the submission of this solicitation (reference Exhibit A).

PLEASE SELECT ONE OF THE FOLLOWING:

______ Contractor has read the above Terms and Conditions and is in full agreeance as is.

______ Contractor has read the above Terms and Conditions and has submitted redline edits for LCC’s review.

______ Contractor has read the above Terms and Conditions and has submitted the Contractors’ terms and conditions for LCC’s review.

Authorized Officer/Agent Signature: ___________________________________________________

Typed Name: _____________________________________________________________________

Title: ____________________________________________________________________________

Date: ____________________________________________________________________________

FORM D: CONTRACTOR COMPLIANCE

FEDERAL, STATE, OR LOCAL LAW

The bidder certifies, to the best of its knowledge that within the past (3) years, the bidder, an officer of the bidder, or an owner of a 25% or greater interest in the Contractor:

1. Has _____, Has Not ______ been convicted of a criminal offense incident to the application for or performance of a federal, state, or local contract or subcontract.

1. Has _____, Has Not ______ been convicted of any offense which negatively reflects on the Contractor’s business integrity, including but not limited to embezzlement, theft, forgery, bribery, falsification, or destruction of records, receiving stolen property, federal, state, or local antitrust statutes.

1. Has _____, Has Not ______ been convicted of any other offense, violated any other federal, state, or local law, as determined by a court of competent jurisdiction or an administrative proceeding, which, in the opinion of the Department, indicates that the Contractor is unable to perform responsibly or which reflects a lack of integrity that could negatively impact or reflect upon Lansing Community College. An offense or violation under this paragraph may include, but is not limited to, an offense under or violation of: Natural Resources and Environmental Protection Act, 1994 PA 451, MCL §§ 324.101 – 324.90106; the Michigan Consumer Protection Act, 1976 PA 331, MCL §§ 445.901 – 445.922; 1965 PA 390 (law relating to prevailing wages on state projects), MCL §§ 408.551 – 408.558; 1978 PA 390 (law relating to payment of wages and fringe benefits) MCL §§ 408.471 – 408.490; or a willful or persistent violation of the Michigan Occupational Safety and Health Act, 1974 PA 154, MCL §§ 408.1001 – 408.1094.

1. Has _____, Has Not ______ failed to substantially perform an LCC contract or subcontract according to its terms, conditions, and specifications within specified time limits.

1. Has _____, Has Not ______ violated Department bid solicitation procedures or violated the terms of a solicitation after bid submission.

1. Has _____, Has Not ______ refused to provide information or documents required by a contract including, but not limited to information or document necessary for monitoring contract performance.

1. Has _____, Has Not ______ failed to respond to requests for information regarding Contractor performance, or accumulated repeated substantiated complaints regarding performance of a contract/purchase order; and

1. Has _____, Has Not ______ failed to perform an LCC contract or subcontract in a manner consistent with any applicable federal, state, or local law, rule, regulation, order, or decree.

1. The Contractor certifies and represents to the best of their knowledge that the Contractor and/or any of its principles:

0. Are _____, Are Not _____ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of a purchase by any federal, state, or local agency.

0. Has _____, Has Not ______ with in a 3-year period preceding this bid, been convicted, or had a civil judgment rendered against them for commission of fraud, or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) purchase.

0. Are _____, Are Not _____ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, the commission of the offenses enumerated in this document.

0. The Contractor Has _____, Has Not ______ within a 3-year period preceding this solicitation had one or more purchases terminated for default by any federal, state, or local agency.

_________ (Initial)

CERTIFICATION REGARDING DEBARMENT AND PROPOSED DEBARMENT

1) Principals for purposes of this document means officers, directors, owners, partners, and any other persons having primary management or supervisory responsibilities within a business entity

2) The Contractor shall provide immediate written notice to the College if, at any time before the purchase award, the Contractor learns that its certification was erroneous when submitted or has since become erroneous because of changed circumstances

3) Certification that any of the items of this provision exists will not necessarily result in withholding an award under this solicitation. However, the certification will be considered in connection with a determination of the Contractor’s responsibility. Failure to furnish the certification or provide such information as requested by the Department may render the Contractor non-responsive

4) Nothing contained in the foregoing should be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a Contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of commercially reasonable dealings.

5) If it is later determined that Contractor knowingly rendered an erroneous certification under this provision, in addition to the other remedies available to the College, the College may terminate this purchase for default.

_____ (Initial)

CONTRACTOR CAN REVIEW THE COLLEGE’S DEBARMENT POLICY AT: http://equator/purchasing/Contractor_information/debarred_Contractor_list.aspx

DEBARMENT OF SUB-CONTRACTORS

Contractor shall require each primary sub-contractor, whose subcontract will exceed $25,000, to disclose to the contractor, in writing, whether as of the time of the award of the sub contract, the sub-contractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the College, federal, state, or local agency. The contractor shall then inform the College of the sub-contractor’s status and reasons for the contractor’s decision to use such sub-contractor, if contractor so decides.

_____ (Initial)

ETHICS: GRATUITIES and INFLUENCE

Gratuities

The right of the contractor to proceed may be terminated by written notice, if the purchasing director or buyer determines that the contractor, its agent, or its representative has offered or gave a gratuity, kickback, money, gift, or anything of value to an officer, official, or employee of the College intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

Contractor/Contract Has _____, Has Not ______ given or offered to give a gratuity, kickback, money, gift, or anything of value to a college official, officer, or employee intended to effectuate the awarding of a contract or favorable treatment under a contract.

_____ (Initial) Influence

The Contractor/contractor by signing its quote/bid hereby certifies to best of his or her knowledge that no funds have been given to any College officer, official, or employee for influencing or attempting to influence such officer, official, or employee of the College.

Iran Economic Sanctions Act – 2012, Public Act 517

Section 3 of 2012 PA 517 imposes a contractor certification requirement on request for bids issued by public entities in Michigan.

(1) Beginning April 1, 2013, an Iran linked business is not eligible to submit a bid on a request for proposal or invitation to bid with public entities in Michigan.

(2) Beginning April 1, 2013, Michigan public entities shall require a person that submits a bid on a request for proposal or invitation to bid with the public entity to certify that it is not an Iran linked business.

In response to this legislation, Lansing Community College requires the following information.

The Contractor certifies that:

____ IT IS

____ IT IS NOT

An Iran linked business as defined in MCL 129.312.

Authorized Agent Name (print or type)

Authorized Agent Signature

Date

EXHIBITS

EXHIBIT A: GENERAL TERMS OF PURCHASE

This document provides the general terms of purchase for any Purchase Order, Blanket Purchase Order and/or contract award resulting from this RFP. The terms are deemed to be accepted by the proposing Contractor unless written exceptions are provided with the Contractor’s proposal.

1. CONTRACT FORMATION: Any outstanding prior offers which may have been made by the Contractor to College with respect to the subject matter of this order are hereby rejected or changed at any time before acceptance. No different or additional terms included by Contractor in accepting or acknowledging this order shall be effective unless agreed to in writing by college. Neither acceptance of delivery of the goods nor payment thereof shall constitute acceptance by college of any such different or additional terms even if Contractor states that its acceptance is conditioned on College’s assent to such terms. The commencement of any work delivery of any goods shall be acceptance by Contractor of all the terms of this Purchase Order, whether or not Contractor has assented in writing to all such terms.

2. TERM: The period of performance is written on the instruction page of the Blanket Order or Purchase Order and/or Service Agreement Terms. Renewals and price changes are subject to written acceptance and approval of both parties.

3. DELIVERY AND PERFORMANCE: Time is hereby expressly declared to be of the essence, and Contractor is notified that failure to deliver goods or perform the services on time may result in substantial damage to college. If Contractor shall fail to make timely delivery of performance of any part of the goods or services, or if timely delivery or performance is endangered for any reason, College shall have the right, at its option, to terminate any part or the whole of this order, reject untimely deliveries, purchase substitute goods elsewhere, and charge Contractor with any loss incurred.

4. BRANDS: When a special brand is named it shall be construed solely for the purpose of indicating the standard of quality, performance, or use desired. Brands of equal quality, performance, and use shall be considered, provided Contractor specifies the brand and model and submits descriptive literature, when available. Lansing Community College reserves the right to accept or reject alternatives and/or substitutions.

5. WARRANTIES: All specifications, drawings and other data submitted by college, including performance data, are incorporated by reference into this order, and Contractor expressly warrants that the goods or services shall conform to such data. In addition, goods delivered are expressly warranted by Contractor to be merchantable, of good material and workmanship, free from any defect in material, labor or fabrication, and fit for the particular purpose of college. Contractor further warrants that all work and services performed hereunder will be free from defect in workmanship. All warranties shall extend to future performance of goods, shall survive inspection, tests, acceptance and payment for the goods, and shall run to college, its employees, successors, assigns, and other users.

6. INDEMNITY: Contractor shall indemnify and hold harmless and at College’s option shall defend College and its employees and agents from any claims, losses or damages arising out of or alleged to arise out of any breach by Contractor of any warranty or agreement of Contractor contained herein. Except to the extent that the goods supplied hereunder are manufactured to design supplied by College, Contractor also agrees to indemnify and at College’s option, defend College, its agents and employees, and students, from any claims losses or damages based on any actual or alleged unfair competition or infringement of any patent, trademark, copyright or other proprietary rights relating to the goods.

7. FORCE MAJEURE: Neither party shall be held responsible if the fulfillment of any terms or provisions of this Contract Agreement are delayed or prevented by fire, flood, pandemic, act of God, strike, or by any other cause not within the control of the party whose performance is delayed or prevented, and the party is unable to prevent the above event through reasonable diligence.

8. COLLEGE’S REMEDIES: In the event of Contractor’s breach of any warranty of agreement of Contractor contained herein, College shall have all of the rights and remedies provided to colleges by all applicable statutes, or by common law, including but not limited to the right to recover consequential or incidental damages.

9. PACKAGING: All items shall be packed by Contractor in suitable containers for protection to permit safe transportation and handling and shipped to secure the lowest transportation cost. No charge shall be made by Contractor for packing unless provided for on Purchase Order.

10. CHANGES: College may, at any time and from time to time, by Purchase Order amendment issued to Contractor: a) increase or decrease the quantity or products ordered; b) change the drawings or specifications; c) issue a suspension of work order; d) make changes in the delivery schedule. If such changes cause an increase or decrease in the amount of work hereunder, or in the cost of performance, an equitable adjustment shall be made in the contract price and/or the delivery schedule and the Purchase Order shall be amended in writing accordingly. Any claims for adjustment under this clause not asserted within thirty (30) days from the date of the Purchase Order amendment shall be deemed waived. No alteration of any of the terms, conditions, delivery price, quality, quantities, or specification of this order will be effective without the written or oral consent of the Director of Purchasing.

11. TERMINATION: The agreement may be terminated by the College with or without cause upon 30 calendar days’ written notice. Once notified, Contractor will thereupon immediately stop work and notify its subcontractors to do likewise. The College shall have the right to terminate the contract with the Contractor without penalty pursuant to thirty- (30) day’s written notice of termination to the Contractor under the following circumstances: a. Default of Contractor - It shall be considered a default whenever the Contractor shall: Disregard or violate material provisions of the contract documents or college instructions, or fail to execute the work according to the agreed schedule of completion and/or time of completion specified, including extensions thereof or fail to reach agreed upon performance results.; Declare bankruptcy, become insolvent, or assign company assets for the benefit of credits. b. Lack of Fund of the College - Lack of funds shall be construed to mean when the College, in the judgment of its Chief Financial Officer, determines that it cannot continue the funding of its contract services without undue hardship to the College. c. Termination of contract services will be rendered if it is construed by the College to be convenient or in its best interests for serving the community and its students, faculty, and staff. d. Repeated Contractor performance concerns. Upon expiration/termination/cancellation of the contract, the Contractor must return all records pertaining to college loans/accounts and immediately cease all communication with previously assigned account holders.

12. LAW GOVERNING: This Purchase Order shall be governed by and construed according to the laws of the State of Michigan.

13. GENERAL: Any waiver of strict compliance with the terms hereof by college shall not constitute a waiver of College’s rights to insist upon strict compliance with the terms of this order hereafter.

14. TAXES: Lansing Community College is exempt from State and Federal Taxes. Tax Exempt Number 38-1787641.

15. COMPLIANCE WITH LAWS: Contractor warrants, certifies, and agrees that the goods or services have been or will be manufactured, distributed, shipped, packaged, delivered, and performed in compliance with all applicable federal, state, and local laws, regulations, standards, and orders, including the Occupational Safety and Health Act of 1970 and all regulations and standards in effect thereunder at time of sale. Contractor agrees to furnish upon request further certifications of such compliance, in form satisfactory to college.

16. CORRESPONDENCE/AMENDMENTS: All correspondence concerning this order must be directed to the Lansing Community College Purchasing Department. No alteration, change, addition to or other modification of this Purchase Order or the terms there of is valid and binding on college unless in writing and signed by an authorized person.

17. ASSIGNMENT: Performance of this Purchase Order is hereby declared to be particular to the Contractor, and no right, duty or obligation arising under this Purchase Order may be assigned or otherwise transferred by Contractor without the written consent of college.

18. REJECTION: All goods and materials purchased herein are subject to approval by the College. Any rejection of goods or material resulting because of nonconformity to the terms and specifications of this order, whether held by the College or returned, will be at Contractor’s risk and expense.

19. LIENS, CLAIMS AND ENCUMBRANCES: Contractor warrants and represents that all goods and materials ordered herein are free and clear of all liens, claims or encumbrances of any kind.

20. PROPERTY OF THE COLLEGE: All plates, artwork, negatives, dies or products created to produce a contracted material is considered to be the property of the College and therefore are to be delivered to the College upon demand, at no extra charge and in an editable format. All technical communications and records originated or prepared by the Contractor pursuant to this agreement including papers, reports, charts, and other documents, but not including the Contractor’s administrative communications and records relating to this agreement shall be delivered to and shall become the exclusive property of the College and may be copyrighted by the College. The ideas, concepts, know-how, or techniques relating to data processing, developed during this agreement by the Contractor or jointly by the Contractor and the College can be used by either party in any way it may deem appropriate.

21. SAFETY/HAZARDOUS MATERIALS: All equipment, supplies, and services sold to the College shall conform to the general safety orders of the Federal government, State of Michigan, City of Lansing Safety Standards Acts and Occupational Safety and Health Administration (O.S.H.A) regulations. College requires written notification of conformance. For all supplies which qualify with the State of Michigan to require a MSDS, two copies of the MSDS must be sent with the order.

22. CONFLICT OF INTEREST: Contractor affirms that their company directors and/or principal officers are not employed by Lansing Community College. The Contractor will remain an independent contractor, not an employee of the College, under the terms of this Agreement and as such is not entitled to unemployment or Worker’s Compensation Insurance benefits for the College as a result of this personal services agreement.

23. PURCHASE OF FOREIGN GOODS OR SERVICES: Lansing Community College endeavors to purchase goods or services in the United States of America whenever an American Made product (defined as “more than 50% of the product is manufactured or assembled in the US”) is available and is competitively priced and the goods or services are of comparable quality.

24. DELIVERY OF EXCESS QUANTITIES OF $250 OR LESS: The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the College receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The College may retain such excess quantities up to $250 in value without compensating the Contractor therefore, and the Contractor waives all right, title, or interest therein. Quantities in excess of $250 will, at the option of the College, either be returned at the Contractor’s expense or retained and paid for by the College at the order unit price.

25. ENVIRONMENTALLY SOUND PURCHASING: In order to increase the development and awareness of environmentally sound products, Lansing Community College Purchasing Department staff ensures that wherever possible and economical, specifications are amended to provide for expanded use of products and services that contain the maximum level of post-consumer recyclable waste and/or recyclable content, without significantly affecting the intended use of the product or service. It is recognized that cost analysis is required in order to ensure that the products are made available at competitive prices.

26. NONDISCRIMINATION: The parties agree to comply with all applicable federal and state non-discrimination statutes including, but not limited to, the Elliot-Larsen Civil Rights Act, the Michigan Persons with Disabilities Civil Rights Act, Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Civil Rights Act. The Parties agree not to discriminate against an employee or applicant for employment with respect to race, color, sex, age, religion, national origin, creed, ancestry, height, weight, sexual orientation, gender identity, gender expression, disability, familial status, marital status, military status, veteran’s status, or other status as protected by law, or genetic information that is unrelated to the person’s ability to perform the duties of a particular job or position. Breach of this covenant is a material breach of this Agreement.

27. ACCESSIBILITY: Contractor warrants, certifies, and agrees that the Contractor and its subsidiaries (including, without limitation, the Operating Partnership) are currently in compliance with all presently applicable provisions of the Americans with Disabilities Act, as amended, except for any such non-compliance that could not reasonably be expected, individually or in aggregate, to have a Material Adverse Effect. Further, Contractor will remain compliant with any revisions of the Act.

28. FEDERAL FUNDS: Purchases made with federal dollars (grant or otherwise) are subject to the Code of Federal Regulations.

29. COMPUTER NETWORK: If Contractor will have access to the College network, then Contractor shall use commercially reasonable means to prevent the transmission of any computer malware to any College computer system through Contractor’s use of the College data communications connections or removable media. All computers connected to the College network or any other College computer system or terminal shall have installed malware detection software approved by the College. This software shall be properly configured to execute whenever the system is in use and update the definition tables at least weekly. Breach of this covenant is a material breach of this Contract.

30. INSURANCE: While providing goods and services to the College, Contractor agrees to maintain Commercial General Liability Insurance $1,000,000 per occurrence, $2,000,000 aggregate. The policy must also include Workers’ Compensation Insurance $1,000,000 per accident (when required by law or by the College); and Automobile Liability Insurance (when required by law or by the College) and any other insurance required by the College.

31. REIMBURSEMENTS OF AUTHORIZED EXPENSES: Expenses incurred by an independent contractor in connection with the performance of Services to Lansing Community College must be business related. The standards are listed in IRS Publication 463 (2003).

32. COLLEGE POLICIES: Contractor must review and adhere to college policies related but not limited to Americans with Disabilities; Equal Opportunity; Nondiscrimination; Ethics; Conduct; Health; Safety; Information Security; Intellectual Property; Smoking; Workplace Violence; and Drug Free Workplace. All College policies are located at https://lcc.edu/about/board-of-trustees/policies.html. These policies may be updated throughout the life of the Contract and/or relocated on the website. The Contractor will be responsible for adherence to the updated policies. LCC has the right to demand Contractor remove any employee if conduct of the employee violates the Colleges policies, or violates any applicable laws, codes, or ordinances.

33. INVOICES: Invoices are not payable until the shipment is inspected and accepted by the College. The College may withhold payment in whole or in part if inspection determines any non-conformance to the Purchase Order. In the event the College makes payment of invoice within the period allowed for the purpose of obtaining any cash discount offered, such payment shall not prejudice the right of the College to return goods found defective or which fail inspection and receive credit or reimbursement from Contractor. Individual invoices showing order number and purchase item number, must be issued for each shipment applying against this order. The College reserves right to return all invoices submitted incorrectly. Each delivered container must be labeled or marked to identify contents without opening, and all boxes and packages must contain packing sheets listing contents. The College’s Purchase Order number must appear on all packing sheets, delivery tickets and bills of lading.

34. SEVERABILITY: It is understood and agreed that if any part, term, or provision of this agreement is by the courts held to be illegal or in conflict with any law of the state where made, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this agreement did not contain the particular part, term, or provision held to be invalid.

35. FOIA: Lansing Community College is a public entity subject to the Michigan Freedom of Information Act (FOIA). Therefore, this Agreement is subject to FOIA.

36. SUBCONTRACTOR AND SUPPLIERS: The Owner assumes no contractual obligations to anyone other than the Contractor. All trade construction Drawings must be field coordinated before fabrication and/or installation. The Owner reserves the right to reject or revoke, for its convenience, any approved Subcontractor/Supplier. Work performed by any Subcontractor or Supplier must be through an appropriate written agreement that:

(a) expressly binds the Subcontractor/Supplier to the requirements of the Contract Documents,

(b) requires such Subcontractor or Supplier to assume toward the Contractor all the obligations that the Contractor assumes toward the Owner and the Professional, and

(c) contains the waiver of rights and dispute resolution provisions.

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