14-26-006 IT Consultant for ERP Solution FINAL 1 (2).pdf

RFP:

Date:

Request for Proposal 26-006 IT Consultant for ERP Solution

Electronic Proposals will be accepted until 12:00 p.m., November 10, 2025. All submissions must be uploaded to the DPSD Bonfire Public Portal at https:// dps.bonfirehub.com/opportunities/ See Submission Instructions, Exhibit II of this document.

26-006 October 19, 2025

136 S. Ludlow St.

Dayton, Ohio 45402

Dayton Board of Education

Table of Contents

Legal Notice 1

Sections

1.0

Background

2.0

Purpose

3.0 Scope of Services 3

4.0 Instructions for Submission 4

5.0 5

6.0 7

7.0 7

10.0

8.0 8

9.0

11.0

12.0

13.0 18

Attachments

Appendices

Exhibits

Format

Terms and Conditions and RFP Process

Proposal Evaluation Process

Terms and Conditions

Termination Clause

Additional Information, Terms, and Conditions

Table of Contents

Attachment I

Attachment II

Attachment IIA

Attachment III

Attachment IV

Attachment V

Attachment VI

Attachment VII

Attachment VIII

Attachment IX

Attachment X

Attachment XI

General Information Questionnaire

Price Proposal Form

Pricing Schedule

Qualification and Experience Questionnaire

Proposed Work Plan

Non-Collusion Statement

Disclosure of Delinquent Property Taxes

Affirmative Action Affidavit

References

Client List

DPSD EDBE/EDGE Participation Form

EDGAR Certification

The following documents are posted separately in Bonfire:

Appendices - Review in Bonfire Files

Appendix S - Section 3.0 Scope of Services

Exhibits - Review in Bonfire Files

Exhibit I - DPSD Professional Services Agreement

Exhibit II - Bonfire Submission Instructions

Exhibit IP I thru IP IV - DPS Community Inclusion Program (CIP)

LEGAL NOTICE

On October 19, 2025, DPSD will post a formal solicitation, RFP to procure consultant services to conduct a comprehensive review of the District’s current Enterprise Resource Planning (ERP) business and operational processes and to evaluate the needs for an integrated ERP and Student Management System for Dayton Public Schools. The selected consultant will assist in defining system requirements, mapping functional and technical specifications, and developing detailed bid documentation to support the competitive procurement of a modern, efficient, and scalable ERP solution.

All interested parties, potential Respondents, and those seeking to do business are hereby notified that this web site will be updated periodically to include additional documentation. Interested parties, potential Respondents, and those seeking to do business must continuously check this web site to make sure to receive any additional information posted regarding this solicitation. All questions pertaining to this solicitation will be accepted in writing only through dps.bonfirehub.com until October 27, 2025, 12:00 p.m. local time.

Sealed Proposals to provide will be accepted until 12:00 noon, local time, November 10, 2025.

Responses must be submitted electronically at https://dps.bonfirehub.com.

Firms submitting Qualifications must be approved by the Human Relations Council of the City of Dayton and must submit with their Response evidence of such approval.

Based on Ohio Revised Code 5719.042, DPSD requires that all firms submit with their Response an affidavit affirming status of delinquency on property taxes.

DPSD reserves the right to accept or reject any or all Qualifications resulting from above.

DAYTON BOARD OF EDUCATION

Chrisondra Goodwine, J.D., M.B.A., M.P.A., M.C.A., President

Hiwot Abraha, Treasurer

Publication Dates: October 19, 26, 2025

Proposal Due Date: November 10, 2025

1.0 PURPOSE

A virtual pre-proposal conference will be held, Tuesday, October 28, 2025. Meeting details are as follow:

Tuesday, October 28 · 11:00am – 12:00pm Time zone: America/New_York Google Meet joining info Video call link: https://meet.google.com/imm-setv-djt Or dial: (US) +1 401-646-2522 PIN: 435 496 277# More phone numbers: https://tel.meet/imm-setv-djt?pin=6361176679182

1.2 Pre-proposal Conference

1.3 Proposal Due Date

Sealed Proposals for this solicitation will be accepted until 12:00 p.m. EST on November 10, 2025.

Responses must be submitted electronically at DPS.Bonfirehub.com (see Exhibit II Bonfire Submission Instructions).

Inquiries and responses regarding this solicitation can be made only during the inquiry period listed, and through the Bonfire website. No queries shall be made in regards to this solicitation to Board members or employees of the District outside of this process. Responses to inquiries will be made available as indicated in this document. Offerors submitting inquiries will not receive a personalized response.

The schedule for this procurement is given below. If DPSD changes this schedule before the proposal due date, it will do so through a Bonfire announcement and/or by an amendment to this solicitation.

1.5 Schedule

1.4 Inquiries

It is each prospective Offeror’s responsibility to check Bonfire regularly for updates, Q&A or amendments regarding this solicitation.

RFP Issued Virtual Pre-Proposal Conference Last day for Questions Proposal Due Date Proposal Evaluations Completed target Scope Review target Selection/Contract Award

October 19, 2025 October 28, 2025 11:00 a.m.

November 3, 2025 by 12:00 p.m. local time November 10, 2025 by 12:00 p.m. local time November 25, 2025 December 1-5, 2025 January 20, 2026 Business Meeting

The purpose of this Request for Proposal (RFP) is to engage a qualified Information Technology Consultant to conduct a comprehensive review of the District’s current Enterprise Resource Planning (ERP) business and operational processes and to evaluate the needs for an integrated ERP and Student Management System. The selected consultant will assist in defining system requirements, mapping functional and technical specifications, and developing detailed bid documentation to support the competitive procurement of a modern, efficient, and scalable ERP solution. The consultant’s work will ensure that the District’s future ERP system effectively supports financial management, human resources, payroll, procurement, student information, and other core business operations, while aligning with industry best practices and the District’s strategic goals.

The Dayton Board of Education intends to establish an award and contract with a qualified vendor offering the best value, based on pricing, responsiveness, and responsibility. The District reserves the right to accept or reject all bids. DPSD anticipates entering into agreement(s) a one-year contract, with option years as required.

2.1

a. have examined the Request for Proposal and all referenced citations of judicial decisions, statutory authority, and local policy;

b. have become familiar with the nature and scope of the Services required by the District; and

c. identify any local conditions that may affect the labor availability, administrative rules and other factors that may impact the District’s timeline for completion of the Services.

Rights of the Dayton Public School District

2.3

2.5

2.2

2.4

2.0 BACKGROUND

3.0

The District reserves the right to require additional information from Proposers and to conduct necessary investigations to determine Proposer performance and to determine the accuracy of Proposal information.

Proposer Conduct During the RFP process, proposers are not permitted to contact any DPSD Board Member or employee unless at the request of DPSD’s designated project manager. Communications regarding this RFP will be accepted only in writing. No gratuities of any kind will be accepted including meals, gifts, or trips.

Violation of these conditions will subject any proposer to immediate disqualification.

The Dayton Public Schools District is a large urban school district with 2,400 employees and approximately 13,000 students attending the DPSD approximately 32 instructional and operational facilities. As with most urban educational environments, DPSD is challenged with decreasing resources, while tasked with providing high quality and maximized value solutions for the students, staff and families served. Any firm awarded a contract as a result of this solicitation must anticipate a partnership relationship with DPSD that benefits the students and families of this district.

Bid Software DPSD uses Bonfire software as an electronic tool for solicitations. Detailed submission instructions are included as Exhibit II to this document. Respondents must register with Bonfire at https://dps.bonfirehub.com/opportunities to submit Proposals. It is suggested that firms view the short video demonstration regarding submission prior to Proposal deadline to ensure all requirements for submission can be met by date and time of close.

General Information All Proposers are expected to carefully examine the RFP documents. Any ambiguities or inconsistencies should be brought to the attention of the individual identified in this RFP. It is believed that all information necessary to complete a response is included in this RFP. It is the responsibility of the Proposer to obtain clarification of any information contained herein that is not fully understood.

Proposer Responsibilities All proposers will be responsible to:

See Appendix S - 3.0 Scope of Services Scope of Services https://dps.bonfirehub.com/opportunities

4.0 INSTRUCTION FOR SUBMISSION

DPSD uses Bonfire software as an electronic tool for solicitations. Detailed submission instructions are included as Exhibit B to this document. Respondents must register with Bonfire at https://dps.bonfirehub.com/opportunities to submit Proposals. It is suggested that firms view the short video demonstration regarding submission prior to Proposal deadline to ensure all requirements for submission can be met by date and time of close.

A. RFP Information

1) All Proposers are expected to carefully examine the RFP documents. Any ambiguities or inconsistencies should be brought to the attention of DPSD through the Bonfire Portal for this project. It is believed that all information necessary to complete a response is included in this RFP. It is the responsibility of the Proposer to obtain clarification of any information contained herein that is not fully understood.

2) The Proposer, by and through the submission of a Proposal, agrees to be held responsible for:

a. having examined the Request for Proposal and all referenced citations of judicial decisions, statutory authority, and local policy;

b. having become familiar with the nature and scope of the Services required by the District; and

c. identifying any local conditions that may affect the labor availability, administrative rules and other factors that may impact the District’s timeline for completion of the Services.

3.) Rights of the Dayton Public School District The District reserves the right to require additional information from Proposers and to conduct necessary investigations to determine Proposer performance and to determine the accuracy of Proposal information.

4) Written Inquiries Proposers may make inquiries concerning this RFP to obtain clarification of the requirements. Inquiries must be submitted no later than close of business on the date specified in this document.

B. Proposer Conduct

During the RFP process, proposers are not permitted to contact any DPSD Board Member or employee unless at the request of DPSD’s designated project manager. Communications regarding this RFP will be accepted only in writing. No gratuities of any kind will be accepted including meals, gifts, or trips. Violation of these conditions will subject any proposer to immediate disqualification

5.2

5.1

5.0 ATTACHMENTS

Attachment I - General Information Questionnaire Firms should complete Attachment I - General Information Questionnaire. This form must be signed by a person with signatory authority to contract.

Attachment II & IIA- Price Proposal Form & Pricing Schedule The Offeror(s) shall submit pricing for goods and services in the manner stipulated in this document. All pricing must be valid for at least 90 days from the solicitation close date, unless otherwise noted. The Attachment II Price Proposal Form must be signed by person(s) who have signatory authority to make said offer at the time of the response and uploaded.

Attachment III – Non Collusion Form Per the laws of the State of Ohio, no Respondent may engage in activities with any other firm or organization to manipulate pricing or hinder competition. All Respondent must complete and submit the non-collusion form with the solicitation Response.

Attachment IV –Affidavit of Disclosure of Delinquent Property Taxes

Based on Ohio Revised Code 5719.042, the Dayton Board of Education requires that all firms submit with their Proposal an affidavit affirming status of delinquency on property taxes. The Affidavit affirming that there are no delinquent property taxes must be completed, signed, notarized and submitted with the solicitation Response.

Attachment V –Affidavit for Affirmative Action Hiring Practices

Firms submitting Proposal must affirm that hiring practices meet federal guidelines for affirmative action.

Upon contracting, the firm’s Affirmative Action plan must be approved by the Human Relations Council (HRC) of the City of Dayton (or another approved agency) and must submit with their evidence of such approval. Firms interested in bidding for future contracts with DPSD should complete submit application at the link below. Approval by HRC must be received prior to contract. http:// daytonhrc.org/

5.3

5.5

5.4

a. Consolidated Balance Sheet or Annual Report for the past two (2) years

b. Two (2) years Consolidated income statements and related earnings

c. Statement of changes in financial position

d. Letter from firm’s banking institution

e. Statement from certified public accounting firm

W-9

Firm shall complete, sign, and upload current W-9

Attachment VI –References The Respondent shall also include a list of at least three (3) firms on referenced attachment. Respondent shall be given special consideration if the past performances presented demonstrate similar experience in a K-12 school system equal to or larger in size than DPSD. If Respondent has performed work for DPSD in any capacity (prime/subcontractor, etc.), DPSD must be listed as one (1) of the references.

It is the expectation that the DPSD evaluation team will attempt to verify the information on with the contact information as provided. It is the Respondent’s duty to ensure that the contact information provided is accurate and up-to-date at the time of submission, and to notify the references of the potential that DPSD personnel may attempt to make contact and the necessity of a prompt response.

Attachment VII–Client List The Respondent shall provide a current client list including when acquired, and current term of contract.

These documents will be used for evaluations purposes. Any client information will be treated as confidential. Please mark as proprietary.

Attachment VIII - DPSD EDBE/EDGE and Workforce Utilization Form DPSD EDBE/EDGE Workforce Utilization Form should be completed and submitted with proposal.

Good faith effort documentation should be uploaded with this form to give evidence of compliance with the DPSD Community Inclusion Program, see details in Appendix IP.

Attachment IX - EDGAR CERTIFICATIONS Firms must certify and agree to the required contract provisions for non-federal entities contracts under federal awards. Certifications and provisions are required and apply only when the District expends federal funds for any contract resulting from this procurement process. Accordingly, the parties agree that the following terms and conditions apply to the Contract between the District and vendor (“Vendor”) in all situations where Vendor has been paid or will be paid with federal funds, and only to the extent applicable to the contract type or dollar amount referenced in EDGAR CERTIFICATIONS Attachment.

Company Finances Firms must upload financial statements giving the District enough information to determine financial stability. These documents will be used for evaluations purposes. Any financial information will be treated as confidential. Please mark as proprietary. Company finances should include but not limited to:

5.6

5.7

5.8

5.9

5.10

5.11

6.0 APPENDICES

Appendix S - Section 3.0 Scope of Services6.1

7.0 EXHIBITS

Exhibit I - DPSD Professional Services Agreement7.1 It is the intent of DPSD to utilize the Professional Services Agreement in Exhibit I. Please review Exhibit I DPSD standard service agreement and provide concurrence that this is an acceptable contract document. Ability to accept this document will be evaluated as a condition of vendor responsiveness. Firm(s) responding to this solicitation must acknowledge acceptance or rejection of the document by indicating Y/N when submitting response. If proposing alternate terms and conditions, this documentation must be uploaded to Bonfire for consideration.

7.2 Exhibit II - Bonfire Submission Instructions

DPSD uses Bonfire software as an electronic tool for solicitations. Detailed submission instructions are included as Exhibit II to this document. Respondents must register with Bonfire at https://dps.bonfirehub.com/opportunities to submit Proposals. It is suggested that firms view the short video demonstration regarding submission prior to Proposal deadline to ensure all requirements for submission can be met by date and time of close.

Exhibit IP-I thru IP-IV – DPS Community Inclusion Program (CIP) In January 2004, the Dayton Board of Education approved a resolution enacting the DPS Community Inclusion Program. The premise of this program is that firms doing business with DPS will make good faith efforts to actively seek local and economically disadvantaged business enterprises (EDBE) and/or State of Ohio EDGE certified firms for the engagement of all contract related activities in regards to the proposed offerings for this project. Goals and guidelines of the DPS CIP are outlined in appendix annotated above. OFFERORS MUST

COMPLETE AND UPLOAD THE DPS EDBE/EDGE PROVIDER AND

WORKFORCE PARTICIPATION FORM (Attachment X) with the solicitation response, regardless of the expected level of participation. Supplemental documentation showing good faith effort should be submitted in addition to this form. Any questions concerning the DPS CIP should be addressed through Bonfire. See details in Appendix IP.

7.3

Bidder is responsible to read and understand the details of the requirements outlined in this solicitation and respond as to the firm's capability and capacity to provide required products/ services in the indicated format.

8.0 FORMAT

Dayton Public Schools wants clear and concise Proposals. But Offerors should take care to completely answer questions and meet the RFP’s requirements. See Exhibit II. All Offerors are on notice that DPSD will not be liable for any costs incurred by an Offeror in responding to this RFP, regardless of whether DPSD awards the Contract through this process, decides not to go forward with the Contract, cancels this RFP for any reason, or awards the contract through some other process or issuing another RFP.

Acknowledgment of Binding

By submitting a Proposal, the Offeror acknowledges that it has read this RFP, understands it, and agrees to be bound by its requirements. The Offeror also agrees that the Contract will be the complete and exclusive statement of agreement between DPSD and the Offeror and will supersede all communication between the parties regarding the Contract’s subject matter.

8.1 Format of Proposals

Any Contract resulting from this Request for Proposal is subject to appropriation of funds BY THE DPSD for each fiscal year(s) for services listed herein. No legal liability on the part of DPSD arises until funds are made available for this contract.

Offer Expiration All offers shall remain open for 120 days following the date established for submission of offers and for such longer time as is mutually agreeable.

Acceptance of Terms and Conditions and RFP Process Dayton Public Schools may reject any Proposal if the Offeror takes exception to the terms and conditions of the RFP, fails to comply with the procedure for participating in the RFP process, or the Offeror’s proposal fails to meet any requirement of this RFP. Dayton Public Schools may also reject any Proposal it believes is not in its interest to accept and may decide not to do business with any of the Offerors responding to this RFP.

Ownership of Proposals All Proposals and other material submitted will become the property of DPSD and will not be returned. Proprietary information may not be included in a proposal or supporting materials because DPSD will have the right to use , except for cost information, any materials or ideas submitted in any Proposal without compensation to the Offeror. Dayton Public Schools will retain all Proposals or a copy of them, as part of the contract file, for at least three (3) years. After the retention period, DPSD will destroy, or otherwise dispose of the Proposals or the copies.

Waiver of Defects Dayton Public Schools has the right to waive any defects in any Proposal or in the submission process followed by an Offeror. But DPSD will only do so if it believes that it is in DPSD’ interest and will not cause any material unfairness to other Offerors.

Amendments to Proposals Amendments to or withdrawals of Proposals will be allowed only if the amendment or withdrawal is received before the Proposal due date. No amendment or withdrawals will be permitted after the due date, except as expressly authorized by this RFP.

Alternative Proposals All Offerors must respond to solicitation requirements. Any alternate proposals must be submitted separately, and marked “Alternate Proposal”.

Ownership of Deliverables All custom work done by the Offeror and covered by this Contract will be treated as “work for hire” on the behalf of DPSD, with all rights, title, and interest in all intellectual property that come into existence through the Offeror’s custom work being assigned to DPSD.

Additionally, the Offeror waives any author rights and similar retained interests in custom-developed material.

9.0

Non-Appropriation of Funds

TERMS AND CONDITIONS AND RFP PROCESS

9.1

9.2

9.3

9.4

9.5

9.6

9.7

9.8

PROPOSAL EVALUATION PROCESS

Disclosure of Proposal Contents

DPSD will seek to keep the contents of all Proposals confidential until the Contract is awarded. DPSD will also prepare a registry of Proposals containing the name and address of each Offeror. The registry will be made available for public inspection after the Proposals are opened.

Rejection of Proposals

Dayton Public Schools shall reject any late Proposal. Dayton Public Schools may reject any Proposal that is not in the required format, does not address all requirements of this RFP, or that DPSD believes is excessive in price or otherwise not in its interests to consider or accept. In addition, DPSD may cancel this RFP, reject all the proposals, and seek to execute the contract through a new RFP or other means.

10.3 Proposal Evaluation Overview

The evaluation process may consist of up to five distinct phases:

1. The Procurement Representative’s Initial Review

2. The Evaluation Committee’s evaluation of the technical, cost, past performance and compliance proposal

3. Interviews and/or Presentations

4. Negotiations

5. Award

If the committee finds that one or more Proposals should be given further consideration at any phase, the committee may select one or more of the highest-ranking Proposals to forward to the next phase. The committee may alternatively choose to suspend from further consideration the lowest scoring Proposals, or any Proposal felt not to be in DPSD’s interest to further consider.

The committee may also choose to bypass any or all subsequent phases and make an award based solely on the current evaluation phase. Therefore, award may be made without clarification requests, interviews, presentations, negotiations, or discussions.

It is within the purview of the evaluation committee to decide whether any phases are necessary. The committee has the right to eliminate or add phases as deemed necessary to ensure a complete, thorough, and impartial evaluation.

10.0

10.1

10.2

The Procurement Representative (or designee) will review all Proposals for timeliness, format, and completeness.

The Procurement Representative will forward all timely, complete, and properly formatted Proposals to an evaluation committee, which the Procurement Representative will chair.

These Proposals will be under active consideration.

Clarification Requests

During the evaluation process, the Contract Representative or the Evaluation Committee may request clarifications from any Offeror under active consideration and may give any Offeror the opportunity to correct any defects in its Proposal if doing so does not result in an unfair advantage for the Offeror.

The Offeror shall have two (2) working days to respond to a DPSD Clarification Request (CR). If the Offeror has not responded to the request within the specified timeframe, the Offeror shall be considered non-compliant and may be withdrawn from active consideration. The Contract Representative and/or their designee via bonfire webiste or telephone will notify an Offeror of a CR. Once notified, the Offeror shall receive the CR via Bonfire website for response.

The Offeror shall send through Vendor Discussions on the Bonfire webiste the CR response directly to the Contract Representative within the timeframe specified above.

Receipt by DPSD of the CR response is solely the responsibility of the Offeror. DPSD will not be responsible for non-receipt of CR responses (e.g., e-mail failure).

Committee Review of the Proposals

The evaluation committee will evaluate and numerically score each Proposal that the Procurement Representative has recommended. The evaluation will be according to the evaluation criteria.

The evaluation committee may also have the Proposals or portions reviewed and evaluated by independent third parties or other DPSD personnel with technical or professional experience that relates to the Contract or to a criterion in the evaluation process. The evaluation committee may seek reviews of end users of the Contract service, or the evaluation or advice of other DPSD committees that have subject matter expertise or an interest in the Contract.

Those Offerors submitting the highest rated Proposals will be scheduled for subsequent phases, if applicable. The number of Proposals forwarded to the next phase will be within the committee’s discretion, but regardless of the number of Proposals selected for the next phase, they will always be the highest rated Proposals from each phase.

Initial Review

10.5

10.6

10.4

10.7

DPSD seeks to achieve the maximum value for the Board, staff, students and community. To that end evaluations of DPSD solicitations shall be based on, but not limited to the following criteria:

Evaluation Criteria/Scoring Weight

a) Cost: Service pricing and availability;

b) Value added considerations and benefits to the DPSD

c) Quality of service: personnel, and facilities of the firm's organization, as determined solely by the DPSD;

d) The firm's relevant experience, Proposals, and success in providing a service of the type described in this document;

e) The firm's reputation for quality service and problem solving within the marketplace;

f) The contractual terms proposed by the firm that would govern any contract relationship with the DPSD;

g) The firm's capability to provide requested services in a timely manner as agreed upon;

h) The firm’s financial stability;

i) The firm's references from three major commercial accounts;

j) Firm’s good faith efforts to meet Community Inclusion plan goals and objectives, and any other factors relevant to the firm's capability and willingness to satisfy the DPSD

This RFP asks for responses and submissions from Offerors, most of which represent components of the above criteria. While each criterion represents one part of the total basis for a decision to award the Contract to an Offeror, a failure by an Offeror to make a required submission to meet a mandatory requirement will normally result in a rejection of that Offeror’s Proposal.

The Scoring Weight for this solicitation is as follows:

Criteria

30% 20%

20% 20%

1. Pricing

2. Qualifications

3. Proposed Work Plan

4. Experience

5. Community Inclusion Program Good Faith Efforts

Total Score 100% 10%

10.9 Contract Negotiations

The final phase of the evaluation process is Contract negotiations. Negotiations will be scheduled at the convenience of the committee. The selected Offeror(s) must negotiate in good faith.

Negotiations may be conducted with any Offeror who submits a competitive proposal, but the committee may limit discussion to specific aspects of the RFP. Any clarifications, corrections, or negotiated revisions that may occur during the negotiations phase will be required in writing and incorporated in the RFP or the Offeror’s proposal as appropriate. Any Offeror whose response continues to be competitive will be accorded fair and equal treatment with respect to any clarification, correction, or revision of the RFP and will be given the opportunity to negotiate revisions to its Proposal based on the amended RFP. But should the evaluation process have resulted in a top-ranked Proposal, the committee may limit negotiations to only that Offeror and not hold negotiations with any lower-ranking Offeror. If negotiations are unsuccessful with the top-ranked Offeror, the committee may then go down the line of remaining Offerors, according to rank, and negotiate with the next highest-ranking Offeror. Lower-ranking Offerors do not have the right to participate in negotiations conducted in such a manner.

Any oral modification of a Proposal will be reduced to writing by the Offeror as described below.

Interviews and Presentations Interviews and presentations shall be at the discretion and convenience of the evaluation committee. The evaluation committee shall call for such interviews and presentations so as to clarify and better understand Offerors submitted proposal. The Offeror shall be prepared to have in attendance the key personnel as described in Section 4.

The evaluation committee will not numerically rank interviews and presentations. Rather, each committee member may decide to revise his or her existing proposal evaluations based on the interviews, presentations, and/or demonstrations as long as information was documented in the original proposal.

It is entirely within the discretion of the committee whether to allow negotiations. An Offeror must not submit a Proposal assuming there will be an opportunity to negotiate any aspect of the Proposal.

The committee is free to limit negotiations to particular aspects of any Proposal, to limit the Offerors with whom the committee wants to negotiate, or to dispense with negotiations entirely.

10.8

Contract Award

DPSD intends to award a contract resulting from this solicitation to the responsible Offeror whose Proposal represents the best value to DPSD in accordance with the factors stated in the RFP.

Best value may not necessarily be the lowest cost. DPSD defines best value as a combination of a sound and qualified Technical/Management Proposal with a thorough, and reasonable Cost that best meets the needs of DPSD.

The negotiations will normally be held to correct deficiencies in the preferred Offeror’s Proposal. If negotiations fail with the preferred Offeror, the committee may negotiate with the next Offeror in ranking. Alternatively, the committee may decide that it is in the interests of DPSD to negotiate with all the remaining Offerors to determine if negotiations lead to an adjustment in the ranking of the remaining Offerors.

From the opening of the Proposals to the award of the Contract, everyone working on the behalf of DPSD to evaluate the Proposals will seek to limit access to information contained in the Proposals solely to those people with a need to know the information. They will also seek to keep this information away from other Offerors, and the evaluation committee will not be allowed to tell one Offeror about the contents of another Offeror’s Proposal in order to gain a negotiating advantage.

Before the award of the Contract or the cancellation of the RFP, any Offeror that seeks to gain access to the contents of another Offeror’s Proposal may be disqualified from further consideration.

Negotiated changes will be reduced to writing and become part of the contract file open to inspection to the public. The written changes will be drafted and signed by the Contractor and submitted to the evaluation committee. The negotiated changes to the successful Offeror proposal will become part of the Contract.

If an Offeror fails to provide the necessary information for negotiations in a timely manner, or fails to negotiate in good faith, DPSD may terminate negotiations with that Offeror.

Failure to Negotiate10.10

10.11

All conditions and provisions of the RFP are deemed to be accepted by the firm and incorporated by reference in the statement of qualifications and will apply to subsequent maintenance agreement arrangements.

Late proposals will be accepted; but will not be considered for this project; however, they may be filed for future requirements.

11.0 TERMS AND CONDITIONS

11.2 Indemnity:

The firm shall take all reasonable precautions for safety and reasonable protection to prevent damage, injury, or loss to all of his employees and other persons.

11.3 Liability Insurance

Before starting any work under the agreement, the firm shall except, as otherwise approved by DPSD, take out and maintain at own cost and expense, the following insurance. Such insurance shall be with companies and with limits satisfactory to DPSD, and not less than required by law.

The selected firm agrees to furnish an official certificate or receipt of the Industrial Commission of Ohio showing payment of necessary premiums to the State Insurance fund when such certificates are required in the Request for proposal.

11.3.2 General Liability:

The selected firm shall carry general liability (to include): Contractor’s Liability and Product Liability, and Personal Injury and Property. Bodily Injury, including Personal Injury and Damage of $1,000,000.00 for each occurrence/or as required by law, whichever is greater.

11.3.1 Worker’s Compensation:

Automobile Liability:

The selected firm shall carry automobile liability, including non-ownership and hired car coverage as well as owned vehicles, bodily injury and damage of $1,000,000.00 for each occurrence or as required by law, whichever is greater.

The firm shall indemnify the DPSD all damage caused to the DPSD property as a result of the negligent actions or wrongful acts of the firm, its employees, servants, and/or agents. The firm shall indemnify and hold harmless the District, its employees, servants and/or agents from all claims, demands, actions, suits, or proceedings initiated by third parties arising from the negligence of the firm, its employees, servants, and/or agents.

11.2.1 Protection of Persons and Property:

11.1

11.3.3

Late

11.3.4 Certificates of Insurance:

Certificates of insurance which are acceptable to DPSD legal department shall be filed with the District prior to the commencement of any work. These certificates shall contain a provision that coverage afforded under the policies will not be canceled unless a fifteen day (minimum) prior written notice has been given to the District.

Alternate Bids for insurance requirements may be submitted however, it shall be at the sole discretion of the District to accept the alternate.

11.4 Applicable Regulations

11.5

Equal Opportunity

The firm to whom the agreement is awarded shall comply fully with the provisions of Sections 153.59 and 153.60, Revised Code of Ohio, relative to discrimination and intimidation of employees. The firm agrees that it will not discriminate against any employees or applicant for employment, because of race, sex, color, creed, national origin, or ancestry, which action shall include, but not be limited to the following: employment, upgrading, demotion, transfer, rates for pay or other forms of compensation, and selection for training, including apprenticeship. The firm further agrees to post in conspicuous places available to employees and applicants for employment, notices, to be provided by the City of Dayton, setting forth the provision of this equal opportunity employment clause. The firm agrees in its solicitations for employees, to state that all qualified applicants will receive consideration for employment without regard to race, sex, color, creed, national origin or ancestry. The firm agrees to cooperate fully with the DPSD to ensure that the provision of this equal opportunity employment clause is being carried out.

All services provided shall comply with all applicable federal, state and local regulations.

Governing Law Any agreement resulting from this Request for proposal is subject to the DPSD’s policies and other applicable federal, state, and local laws.

The Offeror hereto expressly agree that this Agreement will be construed and enforced in accordance with the laws of the State of Ohio.

The Offeror shall obtain Bureau of Criminal Identification and Investigation (BCII) reports on all Offeror staff who will be working with DPSD students within the MITS contract.

Only those Offeror staff members whose backgrounds are compliant with all relevant Ohio laws will be permitted to participate on the contract.

The Offeror will maintain strict confidentiality regarding the pupils of Dayton Public Schools. Any research or writing based in whole or part upon this effort shall not be published without the written consent of the other party, except that the parties may share information for educational purposes or for the purposes of presentation at educational conferences provided complete anonymity is maintained regarding personally identifiable student information. The parties shall comply with the Family Educational Rights and Privacy Act, 20 U.S.C Section 1232g, as applicable.

11.6

TERMINATION CLAUSES

12.1 Termination for Convenience:

DPSD may terminate the agreement, in whole or in part, whenever it is determined that such termination is in the best interest of the District, without showing cause, upon giving 90 days written notice to the firm. DPSD shall pay all reasonable cost incurred by the firm up to the date of termination. The firm shall not be reimbursed for any profits which may have been anticipated but which have not been earned up to the date of termination.

12.2 Termination for Default:

When the firm has not performed or has unsatisfactorily performed the repairs DPSD may terminate the agreement for default. Upon termination for default, payment may be withheld at the discretion of DPSD. Failure on the part of a firm to fulfill the agreement obligations shall be considered just cause for termination of the agreement. The firm will be paid for work satisfactorily performed prior to the termination less any excess costs incurred by the Dayton Board of Education in procuring and completing the terms of the agreement. If at any time during the term of the agreement, the school district determines that the firm has not kept and observed the conditions of the agreement, and has not corrected the breach within five (5) working days following receipt of written notice, DPSD shall have the right, in its sole discretion to terminate said agreement upon five (5) days additional written notice.

12.3 Termination Assistance

In the event of the expiration or termination of the Contract resulting from this RFP for any reason, the contractor shall (1) cooperate with DPSD in effecting the orderly transfer of the services to a third party or the resumption of the services by DPSD (2) transfer, license, or obtain for DPSD, as appropriate, any tools and equipment used by the contractor in the provision of the services that are not used exclusively for DPSD’s account (tools and equipment used exclusively for DPSD’s account shall be owned by DPSD), and (3) continue to perform those services and deliverables requested by DPSD in accordance with this Contract (the “Termination Assistance Services”). With respect to the Termination Assistance Services to be provided in connection with the expiration of the Term, such services will be provided during the last 12 months of the Term during, and as part of, the performance of the services hereunder at no additional cost.

Termination Assistance Services in all other events of termination shall be provided for up to 180 days after the effective date of the termination. The allocation of costs associated with termination shall consist of only the labor hours specified as necessary per DPSD for Termination Assistance, and there shall be no additional costs to DPSD other than specified. Notwithstanding the reasons for any termination of this Contract, termination shall have no effect on the parties’ rights and obligations under: Ownership and Licensing, Confidentiality, and Limitation of Liability.

12.0

Additional Information, Terms and Conditions

The submission of a response shall be prima facie evidence that the proposer has full knowledge of the scope, nature, quantity, and the quality of work to be performed, the detailed requirements of the project, and the conditions under which the work is to be performed as described in this Request for Proposal.

The District reserves the right to reject any and all responses, the right in its sole discretion to accept the responses it considers the most favorable to the District’s interest, and the right to waive irregularities in the response and request process. The District further reserves the right to reject all responses and end the Request for Proposal or to seek new responses when such procedure is reasonably in the best interest of the District.

13.3 The Dayton Public School District is exempt from all federal excise, state, and local taxes. Tax exemption certificates will be furnished upon request.

13.4 Responses submitted after the due date and time noted in this document shall not be considered.

13.5 The proposer shall furnish the District such additional information as the District may require.

13.6 All information, documentation, and other material submitted by the proposer may be subject to public disclosure under the Ohio Public Information Act. Proposers will be deemed to have knowledge of this law and how to protect their interests under the law.

13.1

13.2

13.0

THE END

https://vendorsupport.gobonfire.com/hc/en-us