20-0148 RFP Evaluation Management 3.16.20.pdf

REQUEST FOR PROPOSAL (RFP)

RFP # 20-0148

Evaluation Management Platform

RFP Release Date: March 16, 2020

Written Questions Due: March 24, 2020

On or before 4p.m.

Proposals Due: April 6, 2020

On or before 4p.m. to the

DETROIT PUBLIC SCHOOLS COMMUNITY DISTRICT

ELECTRONIC SUBMISSIONS ONLY

(See Section L, Paragraph 2, ‘Submission Instructions’)

Detroit Public Schools Community District

3011West Grand Blvd.

Detroit, Michigan 48202

PREFACE

Background

Operations and Demographics

Detroit Public Schools Community District (DPSCD) provides a standard, traditional curriculum to a student body of approximately 50,000 students ranging from pre-kindergarten through the 12th grade. DPSCD also provides adult education at a variety of facilities during non-school hours. In addition to the standard curriculum, DPSCD offers a variety of specialized technical training programs for the higher-grade levels. The District encompasses an area of approximately 139 square miles. DPSCD operates 100 schools, including elementary (K-5), combination (K-8), middle schools, high schools and technical center schools.

RFP Document

Suppliers need to review this document carefully. An explanation of the sections and parts are outlined below:

Section A-J (Parts I, II & III) will form the body of the contract once both parties have signed Section A. Upon award and acceptance of the proposed work, these sections become the contract with the Offeror (Vendor/Contractor) and DPSCD and may include attachments containing terms, conditions and/or pricing specific to the product or service being rendered. Section J (Part III) contains all attachments or additional supporting information.

Section K-M (Part IV) contains the representations and certifications all Suppliers must complete to meet the eligibility requirements (Section K). It also contains the format instructions to Suppliers for both the specific product or service and general terms and conditions for all RFPs (Section L). Section M outlines specific information about the eligibility requirements, evaluation criteria and general selection process.

DETROIT

PUBLIC

SCHOOLS

COMMUNITY

DISTRICT

Office of Procurement and Logistics

Fisher Building 11th Floor

3011 West Grand Blvd.

Detroit, MI 48202

SECTION A

Contract Cover

Page &

Signatures

1.Contract No.:

2. ITB/RFP No.: 20-0148

3. Contract Title:

4. Contract Amount:

5. Contract Term:

6. Supplier Name:

Address:

City/State/Zip:

Contact: Telephone: e-mail/Fax:

7. Contract Table of Contents:

Section A: Contract Cover Page & Signatures

Section B: Schedule

Section C: Scope of Work/Service

Section D: Packaging and Marking (Reserved)

Section E: Inspection and Acceptance

Section F: Deliveries or Performance

Section G: Contract Administrative Data

Section H: Special Contract Requirements (Reserved)

Section I: General Contract Clauses

Section J: List of Attachments (Reserved)

8. Signature of Authorized Supplier

Representative:

Signature Date Signed

Print N Print Name: ______________________

Title: ___________________________

9. Signature of DPSCD:

Signature Date Signed

Prin Print Name: Nikolai P. Vitti, Ed.D.

Title: Superintendent

SECTION B

SCHEDULE

Supplier shall provide necessary labor, material, equipment, transportation, and supervision for an evaluation management platform.

PRICING

Please provide the excel price sheets included with the proposal package (Attachment A- Cost

Proposal). Additionally, include an electronic copy of proposed costs.

• Pricing must be maintained for the duration of the contract

• Renewals are based on the availability of funding and positive annual program evaluations

• Pricing is all-inclusive of labor, materials, supplies, travel or any other necessary items

• Pricing should include an applicable cost breakdown.

• Bid Respondent must utilize the format outlined in the attachment to provide cost information

• Quantities are not guaranteed

• Pricing hours cannot exceed the hours listed

End of Section B

SECTION C

SCOPE OF SERVICE

STATEMENT OF PURPOSE

Detroit Public Schools Community District (“DPSCD” or District) is building its capacity to support each of our staff members, across myriad roles, on a trajectory toward continuous professional improvement. This effort serves several purposes, including continually improving our service to students, identifying and accelerating the trajectory of employees ready to take on new levels of leadership, and understanding and supporting staff members with significant performance concerns. The District is issuing this Request for Proposal to identify, select, implement, and operationalize an employee performance management platform, a professional development management platform, and an absence management platform to realize this vision.

This technology solution is intended to support the ongoing annual process of employee development and evaluation, across multiple evaluation profiles (including teachers, school administrators, non-instructional staff, and District administrators). It will allow us to design and implement customized evaluation forms for our employees, support our managers and senior leaders to monitor progress against milestones, and connect the rich data from the evaluation processes to continual learning opportunities for all staff members.

This Request for Proposals will also include requirements for professional development management and absence management platforms. The absence management technology solution is intended to support the daily process of managing employee absences. The solution offered will provide automated substitute placement when absences require a substitute. It will also provide reporting mechanisms to allow the District to analyze data to assist with making strategic decisions. Vendor proposals for professional development management and absence management can be issued in conjunction with, or distinctly from, proposals for evaluation management.

The selection process will engage employees from across the schools and District office to review available and scalable platforms. These users will provide feedback to the evaluation committee that will evaluate the solution’s capabilities to meet the functional and technical requirements described in this RFP, along with evaluating the Vendor’s ability to enable the District’s long-term vision of building an excellent team of dedicated staff to serve our students.

PROCUREMENT AND IMPLEMENTATION SCHEDULE

At the conclusion of the RFP process, the District will recommend evaluation management, absence management and professional development management platform(s) to the Detroit Board of Education. Upon approval, implementation of the platform(s) will begin on July 1, 2020 and will require continued support throughout the 2020-2021 school year to ensure system alignment, staff development and accurate reporting. It is critical that implementation be complete before

August 15, 2020. The Vendor’s response must include a proposed detailed schedule indicating how the Vendor is able to meet the desired schedule.

Date Description

RFP, Selection and Approval Process

March 16, 2020 RFP Issued

March 24, 2020 Vendor Questions Due

April 6, 2020 Vendor Proposals Due (including a recorded demonstration)

April 17, 2020 Vendor Review and Selection

June 29, 2020 School Board Approval

Project Kick-off and Implementation Phases

July 1, 2020 Implementation kick-off

July 2020

System configuration and data migration (e.g. roster integration with HCM, form development for all employee classes/evaluation cycles, system scoring, migration of three years of historical evaluation data, etc.)

July 2020 Professional Development planning and resource development (e.g.

quick guides, training videos, PowerPoint decks, etc.)

August 15, System Implementation Complete

By August 28, School-Based Evaluators Trained on Platform

OBJECTIVES AND GOALS

The District is looking for a partner that will support progress toward full implementation of the

Strategic Plan, Blueprint 2020. The District’s Strategic Plan, Blueprint 2020, is our roadmap to ensuring we educate and empower every student, in every community, to build a stronger Detroit.

Below is a subset of District priorities as they relate to performance management – encompassing academic, technology and user needs.

Transformative Culture - Transform our culture so that students, families, community members, and staff feel safe, respected, and connected.

• Gather, share and act on feedback from students, staff and families on the culture of our schools and district

• Implement consistent communication channels that keep all stakeholders informed about the district’s operations, strategic direction, programs and opportunities, and progress.

Exceptional Talent – Build an excellent team of dedicated staff to serve our students.

• Ensure that all staff have the professional development they need to support our students and maximize the efficiency and effectiveness of our district.

• Develop and implement educator and staff evaluation and succession planning systems that support individual growth, allow top employees to pursue advancement without our organization, and improve candidate pools for leadership vacancies

RFP responses will be evaluated in accordance to how the solution supports achievement of these priorities. To learn more about the District’s Strategic Plan, Blueprint2020, please see:

https://www.detroitk12.org/strategic_plan.

User Base

The District is considering all aspects of implementing a performance management platform, based on the various users who will access it. The RFP process and evaluation committee will be formed to ensure that user needs and perspectives are being accounted for across the District. Below is a list of User Types that interact with our performance management structures.

• Total users: currently 7500 staff members, must be scalable to 9000+ staff

• System Administrators (staff who maintain the platforms for users): 6 staff members

• Evaluator Supervisors (senior leaders who oversee managers and monitor evaluation processes): 50+ staff members

• Evaluators (managers who use the platform to implement evaluation and performance management structures): 400+ staff member

• Non-evaluative observers (staff who use the platform to track observation notes and progress against goals for staff members they do not manage):

200+ staff members

• Employees (end-users who use the platform as a communication tool and resource back for the performance management process): 9000+ staff members

• Data users (staff members who access the platform to garner raw data on employee evaluations): 30+ staff members

Absence Management Users

Below is a list of User Types that interact with our substitute and absence management structures.

• Total users: currently 4,100 staff members, must be scalable to 5000+ staff

• System Administrators (staff who maintain the platforms for users): 5 staff members

• Administrators (principals, assistant principals and assistant superintendents that use the system): 230+ staff members

• Teachers & Long-Term Substitutes (end-users who use the platform to enter absences): 3,400+

• Day-to-Day Substitutes (end-users who use the platform to accept substitute assignments): 200+

• Other Users (Support Staff that use the platform to run reports): 300+ staff members

District Schools

Detroit Public Schools Community District is a large urban school district serving a population of more than 51,000 students and their parents through the District’s 110 campuses, which includes early childhood, K-12, and adult education programs. The District serves 8,400 students with disabilities, and 6,100 English Language Learners, and an economically disadvantaged population exceeding 85% of the whole.

District schools are diverse in their focus and structure, as they are able to adopt programs aligned to career pathways and to meet the specific needs of the student populations they serve. The

District supports a variety of practices in the schools which also change over time as schools and academic programs have and will continue to evolve.

Current Performance Management Environment

The district employs more than 7000 employees, and approximately half of these staff members are teachers. The majority of remaining staff are in non-instructional roles and are evaluated and supported through a role-agnostic evaluation system that aligns to the District vision, mission, and core values. School administrators, counselors, and district administrators complete the landscape of evaluation profiles. The District currently uses an online platform that serves as data collection tool for evaluation documents and information.

MANDATORY REQUIREMENTS

We seek a partner who can provide a robust platform for employee performance management structures, including formal and informal evaluation processes and professional development event management. The tool must include the following features:

REQUIREMENTS FOR ALL PROPOSAL TYPES (EVALUATION MANAGEMENT,

PROFESSIONAL DEVELOPMENT MANAGEMENT, AND ABSENCE

MANAGEMENT)

General Requirements

• The platform must have a proven track record of effective use in a District of 9000+ employees

• The platform can be cloud-based or reside within servers on our physical premises

(please provide both cost estimates)

• The platform must integrate with our data protection requirements and administrator rights provisioning

• The organization must prioritize outstanding customer service, and must provide a central point of contact for regular ongoing support and urgent/time sensitive issues

• The organization must also provide a dedicated implementation specialist who can coordinate modifications based on our District’s needs

• The platform must enable the District to convert and store historical evaluation records for all staff, including multiple years of information

• The vendor must provide an implementation plan including resources needed for initial launch and ongoing work

• The vendor must provide a proposal for professional development/training for the team of super administrator

• The vendor must provide training materials to be used with district staff to ensure sufficient knowledge and support for product implementation

Functional Requirements

• Accept near real time syncing of HCM Peoplesoft employee demographic data

• Ability to integrate with other systems to keep personnel transactions in sync

• Transfer summative rating and compliance data back into Peoplesoft HCM

• Allow for the ability of Peoplesoft HCM to determine evaluation rights and update in the platform

• Allow for the ability of Peoplesoft HCM to determine evaluation type and dates, and update in the platform

• Allow for import or integration of external data sources, including student growth data, attendance (from Peoplesoft HCM) and discipline

• The platform should allow for syncing of calendar events with Microsoft Outlook, based on timeframes designated within the platform for various functions (e.g.

evaluation windows, deadlines, training events)

• Allow for integration with the Microsoft SharePoint and/or Qualtrics

Technical Requirements

• The platform utilizes a scalable, industry-standard relational database management system (RDBMS), preferably Oracle or SQL server

• The platform relational database management system (RDBMS) includes integrated data backup and recovery tools.

• The platform relational database management system (RDBMS) includes the use of multiple online log files for data recovery, rollback capabilities, and auditing.

• The platform relational database management system (RDBMS) should enable locking of records to prohibit simultaneous updating by multiple users while still allowing multiple users to view the record.

• The platform can support horizontal scaling to accommodate growth and workloads.

• The platform can support vertical scaling to accommodate growth and workloads.

• List the programming languages your platform is based on.

• The platform is compatible with Azure AD SSO integration via SAML defer to the district’s Identify Provider (IdP) solution for user authentication.

• The platform supports the use of non-production environment(s) with documented procedures on replicating data from the production instance to the non-production environment(s).

• The platform must not require any specific toolsets.

• Platform supports all major browsers (Internet Explorer, Microsoft Edge, Firefox, Chrome, Safari) without the need for ANY browser 'plug-ins'.

• The platform must allow the ability to query the database using a SQL or querying tool on a near real-time basis

• The platform must allow for two-way automated data exchange through API web service or Managed File Transfer

• The platform supports true mobile apps across both Android and iOS mobile devices.

• The platform is fully compatible for end user access across both Mac OS X and

Microsoft Windows based platforms.

• Mobile functionality must include adaptive design

EVALUATION MANAGEMENT FEATURES

Flexible form development for evaluation processes

• Must be flexible enough to build distinct forms for multiple evaluation types (e.g.

teacher, school administrator, non-instructional staff, district administrator)

• Must be able to align forms to varying rubrics, based on evaluation type (e.g.

teacher versus school administrator)

• Should provide simple, intuitive and user-friendly form editing and publishing features

• Must include the ability for users to upload artifacts (including documents, videos, and images)

Robust and Dynamic Reporting

• Reports must be available through dynamic visualizations as well as csv exports of raw data, and should include options for:

o Completion rates of milestones in the evaluation process at individual, school/department and district levels o Insights on data trends, including staff strengths and areas for growth based on performance evaluation data, at individual, school/department and district levels

• Easy exporting of data to complete state reporting requirements (e.g. rosters of teacher effectiveness ratings)

• Summative scoring automation, including the calculation of final performance scores and ratings based on multiple measures, for different evaluation types

On-Demand Professional Learning Resources

• The platform should enable the District to curate and provide-on demand access to artifacts of effective professional practices across a variety of staff roles linked to evaluation types and goals, including videos, documents, and web links

• Further, the platform should link to the District professional development catalog to provide recommendations for professional learning opportunities to staff members, based on their evaluation outcomes and other factors (such as tenure, professional area of focus, employee interests, etc)

• The platform should also enable the District to establish a method for matching employees with mentors, based on professional goals, linked to evaluation outcomes

Non-evaluative coaching and observation record keeping

• The platform should provide a firewall between the views of staff members who have access to informal observation and coaching data and those who act as formal evaluators, such that instructional coaching data is distinct from evaluation data

• The platform should allow staff members to provide video or notes to their evaluator in order to show evidence of progress against evaluation profile goals

• The platform must be user-friendly for staff members at various levels of tech-comfort and fluency

• Ability for observers to capture timestamped notes of observations

• Ability for observers to provide linked resources from our own content library, hosted within the platform

PROFESSIONAL DEVELOPMENT FEATURES

The District will also consider proposals from vendors who only offer proposals for the professional development management functions listed below.

Professional Development Catalog and Event Registration Management

• Ability to create and publish events for professional learning, including event title, description, time/date and location

• Ability for administrators to manage PD by coordinating workshops, creating course catalogues, streamlining course registration, managing seat counts and certifications

• Ability for all staff to register for events from the catalog and keep a record of future and past professional learning activities

• Ability for teachers to take coursework and learn content from multiple sources and track that learning.

• Ability for event coordinators to track registration in advance of events

• Ability for district staff to review summarized data on event statistics

• Ability for participants to digitally “check-in” and “check-out” from events, with time stamping and options for event manager verifications

• Ability to create professional learning plans which can be created for a district, school or teacher. These growth plans can be aligned to district objectives, school improvement plans, or individual educator goals

• Ability to host online learning (virtual) sessions

ABSENCE & SUBSTITUTE MANAGEMENT FEATURES

General Requirements

• The platform must enable the District to convert and store historical attendance records for all staff, including multiple years of information

• The vendor must provide training materials to be used with district staff to ensure sufficient knowledge and support for product implementation. These materials should be on-demand and accessible asynchronously

Functional Requirements

• The platform should be easy to use and require minimal operator involvement.

• Accept near real time syncing of HCM Peoplesoft employee demographic data and PowerSchool Student Information System data.

• The platform is browser-based and web-hosted. System must be securely accessible via any reasonably current standard web browser (Chrome, Firefox, Safari and Internet Explorer). Also, must be accessible via telephone.

• The platform includes an optional smart phone app accessible to all users, including substitutes.

• The platform includes the option to receive confirmations and notifications by text.

• The platform includes the capability to differentiate absence type and substitute type.

• The platform can block site users from being able to view substitute emails and phone numbers.

• Employees reporting their absence can specify a substitute for their assignment;

the system will send a notification to the substitute via email, text or phone to confirm the assignment.

• The platform should allow for customization of required fields.

• The platform should provide an automatic workflow to ensure absences are reconciled on a regular basis.

• The platform should have the ability to retain historical data related to unplanned closed days (e.g. snow days).

• The platform should have a calendar function to designate days students are not in attendance and substitutes are not required.

• The ability to block substitute calling on holidays and closed days shall be provided.

• Allow for integration with Microsoft Office 365

• Allow for integration with Qualtrics (via API or otherwise)

Absence Creation

The platform shall allow for the following functions regarding absence creation:

• Record teacher’s reasons for absence.

• Provide the teacher a means for leaving a message for the substitute assigned.

• Search for an appropriate substitute using their name.

• Ability to default to “no sub required” by employee or site.

• Allow for choosing a specific substitute.

• Allow for teacher to be absent a full day but only request half day substitute for specific hours.

• Ability for changes to be made on a job already created.

• Ability to attach documents to an absence (i.e. lesson plans and other notes).

• Ability for voice or text messages, recorded by the employee as instructions for the substitute, and played or displayed for the substitute.

Substitutes

The platform shall allow for the following functions related to substitute assignments.

• Automatically contact, through a variety of mediums (call, text, email) substitutes with open jobs.

• Permit the called substitute to accept or reject the job.

• Maintain a record of substitute’s responses to job offers.

• Permit substitutes to change their phone numbers to route calls to alternate telephones.

• Collect and track the reason why a substitute cancelled a previously accepted job.

Technical Requirements

• The platform must have the ability to interface or integrate with PeopleSoft to create user profiles.

• The platform should interface or integrate with PeopleSoft to run pay processes using system data.

• The platform utilizes a scalable, industry-standard relational database management system (RDBMS), preferably Oracle or SQL server

• The platform relational database management system (RDBMS) includes integrated data backup and recovery tools.

• The platform relational database management system (RDBMS) includes the use of multiple online log files for data recovery, rollback capabilities, and auditing.

• The platform relational database management system (RDBMS) should enable locking of records to prohibit simultaneous updating by multiple users while still allowing multiple users to view the record.

• The platform can support horizontal scaling to accommodate growth and workloads.

• The platform can support vertical scaling to accommodate growth and workloads.

• List the programming languages your platform is based on.

• The platform is compatible with Azure AD SSO integration via SAML defer to the district’s Identify Provider (IdP) solution for user authentication.

• The platform supports the use of non-production environment(s) with documented procedures on replicating data from the production instance to the non-production environment(s).

• The platform must not require any specific toolsets.

• Platform supports all major browsers (Internet Explorer, Microsoft Edge, Firefox, Chrome, Safari) without the need for ANY browser 'plug-ins'.

• The platform must allow the ability to query the database using a SQL or querying tool on a near real-time basis

• The platform must allow for two-way automated data exchange through API web service or Managed File Transfer

• The platform supports true mobile apps across both Android and iOS mobile devices.

• The platform is fully compatible for end user access across both Mac OS X and

Microsoft Windows based platforms.

• Mobile functionality must include adaptive design

Substitute and Absence Management Features

Reporting and Tracking

• The platform will allow for exporting of raw data (into CSV format).

• Ability to provide user-defined reports of activity to include absences by leave categories, by days of the week, by specific date range, and be able to sort and filter by employee group and locations.

• Ability to provide monthly reports reflecting the percentage of assignments filled.

• Report indicating individuals who requested or input absences

• Progress reports at the end of each semester, and a comprehensive yearly report

• Report representing trending data from year to year tracking areas of achievement and deficiencies

• Allows reports to be exported into Microsoft Excel or CSV files.

• The platform allows for administration to access reports from previous years (history).

• Employee absence reasons and balances shall be tracked by the software.

• Absences for multiple days and partial days shall be allowed and tracked.

• Multiple absences for a single day shall be allowed and tracked.

• Reports shall run seamlessly.

Administrator Management

• The platform should provide status information about absences and substitutes assignments to school administrator.

• Site administrators shall be restricted to their own site.

• Site Administrators shall be able to create absences, assign substitutes, reconcile absences and review past, present, and future information anywhere Internet is available.

• Site administrators shall be able to manage a list of substitutes who will work at their location, including priority calling information (preferred substitutes).

End of Section C

SECTION D

PACKAGING AND MARKING

(Reserved)

End of Section D

SECTION E

INSPECTION AND ACCEPTANCE

Elizabeth Cutrona/Chief Strategy Officer, is the Executive Director of Procurement and

Logistics’ Technical Representative and shall perform or designate other persons or entities to perform inspection, acceptance, and quality assurance. Reports and other submissions shall be submitted to:

Barbara Thompson http://www.demandstar.com/ http://www.demandstar.com/

Assessment and Performance Management

Fisher Building

3011 West Grand Blvd.

---------- End of Section E ---------

SECTION F

DELIVERIES OR PERFORMANCE

The primary place of performance and/or delivery for the program in Section B shall mostly be at the Detroit Public Schools Community District, Monday through Friday except holidays.

End of Section F

SECTION G

CONTRACT ADMINISTRATION DATA

1. The Executive Director of Procurement shall be responsible for all contractual matters and is the only individual authorized to make changes of any kind to the contract. The

Supplier shall not rely upon any oral change from anyone, or a written request for change from someone other than the Executive Director of Procurement. All changes must be in writing, signed by the Executive Director of Procurement.

2. Suppliers will not be paid for services rendered/goods delivered greater than the amount of this contract and purchase order(s). Any services rendered /goods delivered beyond the amount approved in this contract and purchase order(s) is done wholly at supplier's own risk. The District shall not be obligated to pay for services rendered/goods delivered beyond the amount stipulated in this contract and/or purchase order(s) in Section A, item 4.

3. Invoicing and Payment

a. Invoicing and billing shall be submitted to:

Detroit Public Schools Community District

Fisher Building 11th Floor

Accounts Payable Department

3011 West Grand Blvd.

Email: accounts.payable@detroitk12.org

And shall conform to policies or regulations adopted from time to time by the District.

Invoices shall be legible and shall contain, at a minimum and as applicable the following information: (1) the contract number and DPSCD purchase order number;

(2) a complete itemization of all costs including quantities ordered; (3) a complete itemization of the schools and/or students served; and (4) any discounts offered to the

District under the terms of the contract. A courtesy copy of the invoice must be sent mailto:accounts.payable@detroitk12.org to the department identified under Section E – Inspection and Acceptance AND the name that appears in the “Attention” line on the purchase order but shall not be deemed received by DPSCD unless sent directly to Accounts Payable.

b. Subject to any withholding provisions of the contract, payment shall be made within a

45-day payment cycle after the District’s receipt of a properly prepared invoice.

c. The Supplier shall provide to the Executive Director of Procurement and Logistics a fully executed W-9 Form. It is the Supplier’s responsibility to notify the Executive

Director of Procurement of any changes in the remittal address. Failure to provide this information may impact payment of invoices by DPSCD. In order that this Form is the current version at time of submittal, the Supplier shall download this Form from the

Internal Revenue Service website shown below, complete the Form and submit as specified herein. The website from which to obtain this Form is:

https://www.irs.gov/forms-pubs/about-form-w-9

SECTION H

SPECIAL CONTRACT REQUIREMENTS

---------- End of Section H ----------https://www.irs.gov/forms-pubs/about-form-w-9

SECTION I

GENERAL CONTRACT CLAUSES

I.01 Type of Contract

I.02 Term of the Contract

I.03 Option to Extend the Term of the Contract

I.04 Availability of Funds (Multi-Year)

I.05 Holidays

I.06 Compliance with Applicable Laws

I.07 Licenses and Permits

I.08 Licensed Personnel

I.09 Criminal Background Screening

I.10 Equal Opportunity

I.11 Subcontractors and Outside Consultants

I.11 Drug Free Workplace

I.13 Standards of Performance and Reasonable Assurances

I.14 Materials and Equipment

I.15 Patents and Royalties

I.16 Warranty of Services and Goods

I.17 Adjustment and Cleaning

I.18 Federal, State, and Local Taxes

I.19 Removal of Employees, Agents or Subcontractors

I.20 Project Personnel

I.21 Photo Identification Badge

I.22 Performance Meeting

I.23 Independent Contractor

I.24 Insurance

I.25 Changes

I.26 Notices

I.27 Indemnification

I.28 District Restrictions

I.29 Assignment or Transfer

I.30 Audit, Examination and Retention of Records

I.31 Award Certificates

I.32 Conflict of Interest

I.33 Gratuities

I.34 Interest of Public Officials

I.35 Order of Precedence

I.36 Confidentiality and Protection of District Property

I.37 Publicity Releases

I.38 Suspension of Work

I.39 Termination and Non-Compliance

I.40 Insolvency

I.41 Disputes and Dispute Resolution

I.42 Notice of Labor Disputes

I.43 Anti-Kickback Procedures

I.44 Pending Legal Dispute with District

I.45 Governing Law

I.46 Supplier Authorization

I.47 Bid, Performance Bond (Reserved)

I.48 Liquidated Damages (Reserved)

I.49 Miscellaneous

I.01 Type of Contract

This will be a fixed type Contract. Unless the parties otherwise agree in writing, the fixed prices agreed upon by the parties will remain fixed for the duration of the Contract, including any extensions thereof.

I.02 Term of Contract

This Contract is for the period as outlined in Section A, Item 5 of this contract, subject to extension as set forth in Section I.03 below and suspension and termination as set forth in Sections I.38 and

I.39 below.

I.03 Option to Extend the Term of the Contract

1. The District has the option to extend this Contract for three (3) one-year terms. The District may exercise its option to extend the term of this Contract by written notice to the Supplier at least 10 days before the expiration of the base term and any renewal term. If feasible, the District shall give the Supplier a preliminary written notice of its intent to extend at least thirty (30) days before the expiration of the base term and any renewal term. The preliminary notice does not commit the District, and any absence of notice shall not affect the validity of any exercise of the option to extend this Contract. The District’s exercise of its option to extend shall not be deemed a waiver of any claims under this Contract.

2. The total duration of this Contract, including the exercise of any options under this clause, shall not exceed a total of three (4) years.

3. Any extension shall be in a writing signed by the parties.

I.04 Availability of Funds (Multi-Year)

Funds are presently available for performance under this Contract. The District’s obligation for performance of this Contract beyond the current fiscal year is contingent upon the availability of authorized funds from the District. No legal liability on the part of the District for any payment may arise for performance under this Contract, until the Supplier receives notice of such availability of funds or notice to proceed, in writing, from the Executive Director of Procurement and Logistics.

I.05 Holidays:

Contractors, contracted workers, vendors, suppliers and/or sub-contractors are not to report to work and the District will not provide payment for services rendered on the days the District is closed in observance of the below listed nine holidays and breaks:

HOLIDAYS (No. of Days)

• Independence Day

• Labor Day

• Thanksgiving Break

• Christmas Day

• New Year’s Day

• Martin Luther King Day

• Good Friday

• Memorial Day

BREAKS (No. of Days)

• Day before Thanksgiving (1 day)

• Holiday Break (8-10 days)

• Mid-Winter Break (1-5 days, pursuant to board approved calendar)

• Spring Break (1-5 days, pursuant to board approved calendar)

Any exceptions to mandatory vacation must be approved in advance and in writing by the

Superintendent. The grant of such exceptions will be limited to contractors whose duties relate to essential core functions. Any contracted employee granted an exception will be notified by their

District supervisor.

I.06 Compliance with Applicable Laws

The Supplier agrees to adhere to and comply with any and all federal and state laws, applicable to its operation, its execution, delivery and performance of this Contract and the operation of school buildings in the State of Michigan, including, but not limited to, federal laws and regulations pertaining to Equal Employment Opportunity, Fair Employment Practices, Anti-Kickback Act, Clean

Water Act, Environmental Protection Agency laws and regulations, Energy Policy and Conservation

Act, Elementary and Secondary Education Act, the No Child Left Behind Act, American Disabilities

Act, the Asbestos Hazardous Emergency Response Act, America Recovery and Reinvestment Act, federal and state privacy laws and federal and state health regulations. The Supplier shall also adhere to all rules and regulations, including any reporting requirements thereof, from any regulatory body, including Department of Education (DOE) and Department of Labor, regarding the operations of such programs. Supplier acknowledges this Contract may be funded by funds from a federal agency or program. Supplier certifies that neither it, its principals nor its subcontractors are currently debarred, declared ineligible or voluntarily excluded from participation in transactions by any federal department or agency.

I.07 Licenses and Permits

The Supplier shall, without additional expense to the District, be responsible for obtaining any necessary licenses, permits, and approvals for complying with any federal, state, county, municipal, and other laws, codes, and regulations applicable to the performance of the work or to the products or services to be provided under this contract including, but not limited to, any laws or regulations requiring the use of licensed Suppliers to perform parts of the work.

I.08 Licensed and Qualified Personnel

The Supplier agrees to use only licensed personnel to perform work required by law to be performed by such personnel. Lack of knowledge by the Supplier will in no way be a cause for relief from responsibility. The Supplier represents that all persons performing services under this Contract have the requisite skills and experience necessary to adequately provide the services in the accordance with the standards set forth herein, and shall be qualified to do so and licensed if required.

I.09 Criminal Background Screening

The Supplier agrees that any and all Supplier employees, subcontractors, independent contractors or other agents working on or under this Contract shall be free and clear of any sexual and drug related convictions, and from any felony convictions. The Supplier understands and agrees that each employee, subcontractor, independent contractor or other agent, who is or shall be assigned to regularly and continuously work under this Contract in any of the District’s schools, as determined or defined by the Michigan Revised School Code (each a “Covered Employee or Agent”), must provide written consent to the District to enable the District to conduct the federal and state criminal history check and the federal and state criminal records check required by the Michigan Revised

School Code. The Supplier further agrees that each Covered Employee or Agent must be presented to submit his or her fingerprints for the purpose of the federal and state criminal records check in accordance with District policy and as further directed by the District, at the sole cost and expense of the Supplier, have the results sent to the District, and provide all information required by the State of

Michigan to include those individuals in the appropriate State of Michigan education personnel databases.

The Supplier understands and agrees that the cost of the criminal background check is the responsibility and expense of the Supplier and its Covered Employees or Agents and not the responsibility and expense of the District.

The Supplier understands and agrees that any of its Covered Employee or Agent, who does not meet or comply with the requirements of this Section may not provide services to the District under this

Contract or otherwise. Failure by any Covered Employee or Agent of Supplier to comply with the provisions of this Section constitutes a breach of this Contract and the District may seek all applicable remedies.

I.10 Equal Opportunity

During the performance of this Contract, the Supplier agrees that it will, in good faith, afford equal opportunity required by applicable federal, state or local law to all employees and applicants for employment without regard to race, color, religion, sex, handicapping conditions, or national origin.

The Supplier further agrees to afford equal opportunity required by applicable federal, state, or local law to subcontractors and suppliers, which are “disadvantaged business enterprises” or “women owned enterprises” (both as defined by federal law or regulation in effect on the date of this contract). The Supplier agrees to insert the substance of this clause in all subcontracts and purchase orders.

I.11 Subcontractors and Outside Consultants

Supplier agrees that any subcontractors and outside consultants required or utilized by the Supplier in connection with the services covered by the Contract will be limited to such individuals or firms as were specifically identified and agreed to by the District in connection with the award of this

Contract, and who will assist the Supplier in performing the Contract in accordance with its terms, including, but not limited to, the provisions relating to insurance, the right to audit, confidentiality, and background checks. Any substitution in such subcontractors or consultants is subject to the prior written approval of the District. The Supplier shall inform any subcontractors of the terms and conditions of this Contract and have the subcontractors’ written agreement to be bound by the terms thereof.

I.12 Drug-Free Workplace

1. Definitions. As used in this clause –

a. “Controlled substance” means a controlled substance including but not limited to marijuana, heroin, LSD, concentrated cannabis or cannabis oils, hashish or hash oil, morphine or its derivatives, mescaline, peyote, phencyclidine (PCP, Angel Dust), opium, opiates, cocaine, methadone, quaaludes, amphetamines, ‘exotic designer’ drugs, benzodiazepines, seconal, codeine, barbiturates, phenobarbital or valium.

b. “Conviction” means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of federal or state criminal drug statutes.

c. “Criminal drug statute: means a federal or non-federal criminal statute involving the manufacture, distribution, dispensing, possession, or use of any controlled substance.

d. “Drug-free workplace” means the site(s) for the performance of work done by the

Supplier in connection with a specific contract.

e. “Alcohol” means ethyl alcohol and any beverage containing ethyl alcohol.

f. “Employee” means an employee of a Supplier or of a permitted Subcontractor or outside consultant directly engaged in the performance of work under a District contract. “Directly engaged” is defined to include all direct cost employees and any other Supplier employee who has other than a minimal impact or involvement in contract performance.

g. “Individual” means a Supplier that has no more than one employee including the

Supplier.

2. The Supplier shall, within 30 days after award (unless a longer period is agreed to in writing for contracts of 30 days or more performance duration), or immediately for contracts of less than 30 days performance duration

a. Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Supplier’s workplace and specifying the actions that will be taken against employees for violations of such prohibition;

b. Establish an ongoing drug-free awareness program to inform such employees about -

i. The dangers of drug abuse in the workplace;

ii. The Supplier’s policy of maintaining a drug-free workplace;

iii. Any available drug counseling, rehabilitation, and employee assistance programs; and

iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

c. Provide all employees engaged in performance of the contract with a copy of the statement required by subparagraph (2) (a) of this clause;

d. Notify such employees in writing in the statement required by subparagraph (2) (a) of this clause that, as a condition of continued employment on this contract, the employee will:

i. Abide by the terms of the statement; and

ii. Notify the employer in writing of the employee’s conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 days after such conviction.

e. Notify the Executive Director of Procurement and Logistics in writing within 10 days after receiving notice under subdivision (2) (d) (ii) of this clause, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee;

f. Within 30 days after receiving notice under subdivision (2)(d)(ii) of this clause of a conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace:

i. Taking appropriate personnel action against such employee, up to and including termination; or

ii. Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency; and

g. Make a good faith effort to maintain a drug-free workplace through implementation of subparagraphs (2) (a) through (2) (f) of this clause.

i. The Supplier, if an individual, agrees by award of the contract or acceptance of a purchase order, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance while performing this contract.

ii. In addition to other remedies available to the District, the Supplier’s failure to comply with the requirements herein renders the Supplier subject to suspension of contract payments, termination of the contract or default, and suspension or debarment.

I.13 Standards of Performance and Reasonable Assurances

The Supplier shall be responsible for maintaining satisfactory standards of its employees’ competence, conduct, courtesy, appearance, honesty, and integrity. It shall be responsible for taking such disciplinary action with respect to any of its employees as may be necessary.

a) The Supplier shall perform all services required by this Contract in accordance with high professional standards prevailing in the Supplier’s field of work.

b) If the District, in good faith, has reason to believe that the Supplier does not intend to, or is unable to perform or has refused to perform or continue performing all material obligations under this

Contract, the District may demand in writing that the Supplier give a written assurance of intent to perform. Failure by the Supplier to provide written assurance within the number of days specified in the demand (in no event less than five (5) business days) may, at the District 's option, be the basis for terminating this contract under the terms and conditions or other rights and remedies available by law or provided by this Contract.

I.14 Materials and Equipment

The Supplier is expected to supply all tools, equipment, materials and supplies necessary to complete the services specified, beyond normal and routine equipment provided at schools and administrative office facilities. Materials and supplies used will be reputable name brands and kept in excellent condition. Occupational Safety and Health Act of 1970 (OSHA) training, if applicable, will be provided to all employees required to operate equipment. The Supplier will be held responsible for damages resulting from improper use of tool, materials and equipment, unless such damages result from the negligence of the District, and shall repair or pay for such damages, at its sole cost.

I.15 Patents and Royalties

The Supplier, without exception, shall indemnify the hold harmless the District and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the District. If the Supplier uses any design, device, or materials covered by letters, patent, or copyright, it is mutually understood and agreed without exception that the Contract prices shall include all royalties or cost arising from the use of such design, device or materials in any way involved in the work.

I.16 Warranty of Services and Goods

1. “Acceptance,” as used in this clause, means the act of an authorized representative of the

District by which the District assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract. “Correction,” as used in this clause, means the elimination of defect.

2. Notwithstanding inspection and acceptance by the District or any provision concerning the conclusiveness thereof, the Supplier warrants that all services performed and goods provided under this Contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. Contract further warrants that the goods will be fit and sufficient for the purpose intended. The Executive Director of

Procurement and Logistics shall give written notice of any defect or nonconformance to the

Supplier within 30 days. This notice shall state either (1) that the Supplier shall correct, re-perform or replace any defective or nonconforming services or goods, or (2) that the District does not require correction, re-performance or replacement.

3. If the Supplier is required to correct or re-perform services or replace goods, it shall be at no cost to the District, and any services corrected or re-performed or any…