3-26-11201.pdf

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ROCKWOOD SCHOOL DISTRICT

REQUEST FOR PROPOSALS

RFP No.: 26-11201

Title: High School Newspaper Printing Services

Issue Date: February 24, 2026

This document constitutes Rockwood School District’s (hereafter called the “District” or “RSD”) Request for Proposals ("RFP") soliciting proposals from qualified individuals, firms, or organizations to provide high school newspaper printing services as described in this RFP.

Rockwood R-VI School District posts bids and receives bid responses through an online bidding portal. Through this portal, vendors receive notifications of competitive procurement opportunities as well as submit Proposals and Bids to the District digitally. In order to be invited and able to participate in District bid opportunities, vendors must register through the Rockwood School District Bonfire portal.

Registration is free. Vendors must follow all instructions on the portal for registering and responding to bid opportunities. For questions and technical support, please refer to the “Help” link or “Technical Support” link on the portal.

The portal will be used for the following activities:

• Post RFPs

• Receive and respond to questions or inquiries

• Issue associated addenda

• Submit proposals

• Post award notices

To contact the District or ask questions in relation to this RFP, Bidders must initiate the communication electronically through the “Vendor Discussions” or “Ask a Question” features. The District will not accept any respondent’s communications by any other means except as specifically stated in this RFP. Any oral responses will be considered unauthorized and non-binding on the District.

No other contact with any members of the Rockwood School Board, any administrators, staff, or employees of the District is permitted before or after the completion of the RFP process. Failure to follow this directive or any attempt to contact or influence any such person may result in the rejection or disqualification of a proposal.

Any and all responses to written requests for information and questions will be in writing and will be sent to all known interested parties.

https://rsdmo.bonfirehub.com/portal/?tab=openOpportunities https://rsdmo.bonfirehub.com/portal/?tab=openOpportunities http://www.rsdmo.org/

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Important Dates

RFP Issue Date February 24, 2026

Questions Due Date March 10, 2026

Proposal Due Date March 24, 2026, at 2:00 PM CST

Award Recommendation Submitted to BOE April 22, 2026

BOE Approval Date May 7, 2026

Contract Commencement Date July 1, 2026

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I. RFP INSTRUCTIONS AND CONDITIONS

1. INTRODUCTION

The District is a nationally recognized, diverse community of learners. Currently, the District serves nearly 19,000 students, made up of four high schools, six middle schools, nineteen elementary schools, a talented and gifted campus, and a school for at-risk high school students. The District employs nearly 3,500 people and covers 150 square miles in much of western St. Louis and northern Jefferson counties. The District has consistently earned the accreditation of Distinction in Performance by the Missouri Department of Education.

Additional detailed information about the District may be found at www.rsdmo.org.

The Rockwood School District invites you to submit a proposal according to the requirements contained herein for high school newspaper printing services for four (4) high schools.

2. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS

A. Bidders must register, log in, and follow the instructions on the Rockwood School District

Bonfire portal. Registration is free and is the only method by which vendors may submit responses for this bid.

B. Sealed bids must be SUBMITTED ON THE ROCKWOOD SCHOOL DISTRICT BONFIRE

PORTAL only (no other location permitted), no later than the date and time specified in the RFP. NO EXCEPTIONS. The portal will not permit late submissions of bids.

C. Your submission must be uploaded, submitted, and finalized prior to the deadline of 2:00 p.m. CST on March 24, 2026. We strongly recommend that you give yourself sufficient time and at least ONE (1) day before the deadline to begin the uploading process and to finalize your submission.

D. To contact the District or ask questions related to this RFP, Proposers must initiate the communication electronically through the “Vendor Discussions” or “Ask a Question” features by 4:00 p.m. CST on March 10, 2026. The District will not accept any respondent’s communications by any other means except as specifically stated in this

RFP.

E. This RFP may be amended only by addendum in accordance with this section. If the

District, for any reason, determines that it is necessary to provide additional information relating to this RFP, such information will be communicated to all respondents by addendum posted on Rockwood School District’s Bonfire portal. Each addendum forms an integral part of this RFP and may contain important information, including significant changes to this RFP. Respondents are responsible for obtaining all addenda issued by the Rockwood School District.

F. Bids shall be prepared simply but completely, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of content. At the same time, proposals should be as thorough and detailed as possible so that the District may properly evaluate the Proposer's http://www.rsdmo.org/ https://rsdmo.bonfirehub.com/portal/?tab=openOpportunities

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G. Proposers must include at least the following information, data, and responses labeled accordingly in their Bids:

(1) Proposer's full name and principal office address, and descriptions of the type of business entity (e.g., publicly held corporation, private non-profit, proprietorship, partnership, etc.).

(2) If Proposer is incorporated, include the state in which it is incorporated, and list the name and occupation of those individuals serving on the board of directors, along with the name of any entity or person owning 10% or more of the corporation.

(3) The name, title, mailing address, telephone number, fax number, and email address of the contact person for this RFP and the proposal.

(4) A summary description or work plan which describes how Proposer intends to perform the required services and include a description of any involvement and responsibilities which would be required of the District.

(5) The name(s) of the employees, persons, or contractor(s) proposed to perform the services and describe the qualifications and experience of each.

(6) Description of the manner by which Proposer proposes to be compensated for the services to be provided, including a listing or schedule of fees, commissions, costs and expenses, including reimbursable costs and Proposer’s total cost for the services to be provided.

a. Indicate if proposed pricing includes the acceptance of payment with a procurement card (p-card) or credit card in lieu of a check. If Proposer agrees, no additional fees shall be charged to the District for card acceptance.

b. Indicate if proposed pricing could be offered to other Missouri school districts of similar size and order volumes.

H. Proposers must provide a description or evidence of their experience and qualifications to undertake and provide the services described in this RFP with a particular emphasis upon experience and services provided to Missouri K-12 school districts.

I. Proposers must provide evidence or information as to their financial condition and stability.

J. Proposers must provide a Certificate of Good Standing indicating they have filed all reports and paid the necessary fees to the Secretary of State’s office in their licensed state.

K. Proposers must provide a minimum of five (5) references with names, addresses, phone numbers, and email addresses, including specifically any governmental entities and school districts for which each Proposer has provided services.

L. Proposers must state whether they have been involved in any litigation during the last five years, and if so, describe any such litigation.

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3. PRE-BID MEETING

A pre-bid meeting will not be held for these services. Clarification of bid requirements must be initiated electronically through the “Vendor Discussions” or “Ask a Question” features no later than 4:00 p.m. CST on March 10, 2026. Responses to the Proposers’ questions will be posted in an addendum following this deadline.

4. AWARD

Award(s) will be made to the responsive and responsible Proposer(s) whose bid(s) is deemed to be most advantageous to the District, taking into account the overall content of the bid, cost, overall bid, experience, and qualifications of the firm and staff assigned, quality of Proposer’s products, quality and content of the manner in which the services are proposed to be performed. The District reserves the right to split the award or to make multiple awards and to make the award on a part or portion of a bid. The District may request additional information and/or an interview with some or all Proposers as part of the selection process. In no event shall the District be required to explain the evaluation process or award selection to any Proposer.

5. RIGHT TO REJECT

The District reserves the right to accept any proposal, to reject any and all proposals, and to waive any irregularities or informalities in any proposals. Conditional proposals will not be accepted.

6. PROPOSALS FINAL

All proposals shall be deemed final, conclusive, and irrevocable, and no proposal shall be subject to correction or amendment for any error or miscalculation.

7. COST OF PREPARATION

The cost of preparing and submitting a response to this RFP will be assumed solely by each Proposer, whether or not any agreement is signed as a result of this RFP.

8. OWNERSHIP OF SUBMITTALS

All completed proposals submitted in response to this RFP become the property of the District upon submission. The District may use the proposal for any purpose deemed appropriate.

The proposal material may become part of any contract between the successful Proposer and the District.

9. RFP INTERPRETATION

Interpretation of the wording of this RFP will be the responsibility of the District, and that interpretation will be final and binding.

10. PRICE

Proposers are cautioned that Services must be furnished at the prices, fees, costs, and/or rates submitted and proposed unless otherwise stated. No increase in costs will be permitted during the term of the contract.

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11. BILLING AND PAYMENT

Invoices shall be submitted directly to the Rockwood School District via email at accountspayable@rsdmo.org or mailed to the District’s Finance Office at 111 E. North St., Eureka, MO 63025. Each invoice should contain the District purchase order number, date of shipment, quantity, price, and items(s) shipped. Invoices will not become due and payable until all times listed on the invoice are received complete.

Rockwood School District’s payment terms are Net 45.

12. CONTRACT

The Rockwood Board of Education must formally approve the award of any contract(s) or agreement to purchase, with approval anticipated to be received no later than May 7, 2026.

The successful Proposer will be required to enter into a written contract with the District, which will include, but not be limited to, the scope of services described herein, and the contract provisions included herein. It is anticipated that the contract term will commence on July 1, 2026, and continue through June 30, 2029.

13. INSURANCE

The successful Proposer will be expected to provide the following types of insurance with the described limits:

Comprehensive General Liability $ 1,000,000 per person per occurrence (Including Contractual Liability)

$ 1,000,000 property damage per occurrence

$ 1,000,000 aggregate all claims per occurrence

Workers' Compensation As required by applicable law

Employer's Liability $ 1,000,000 per occurrence

Automotive Liability $ 1,000,000 per occurrence

Professional Errors and Omissions $ 1,000,000 per occurrence

14. TAXES

Proposers shall NOT INCLUDE FEDERAL EXCISE TAX, TRANSPORTATION TAX, or STATE RETAIL SALES TAX in their cost bid, as these taxes do not apply to the District.

15. NO PARTICIPATION

The successful Proposer shall not directly or indirectly participate as a proposer, bidder, or subcontractor to a proposer or bidder on any bids or requests for Bids to be designed or Products or Services to be provided as part of the projects contemplated by this RFP.

16. EXCEPTIONS

If a Proposer takes exception to any part of these specifications as written or as amended by mailto:accountspayable@rsdmo.org

P a g e 7 | 20 any addenda subsequently issued or the Agreement, they must do so in writing. Said exceptions must be submitted with the proposal. Failure to do so will be construed as acceptance of all items of the specification and the Agreement.

17. USE OF INFORMATION

A. Any specifications, drawings, sketches, models, samples, data, computer programs or documentation, or other technical or business information (“Information”) furnished or disclosed to interested parties under this RFP, or as the result of this RFP, shall remain the property of the District and, when in tangible form, all copies of such information shall be returned to the District upon request. Unless such information was previously known to a party, free of any obligation to keep it confidential, or has been or is subsequently made public by the District or a third party, it shall be held in confidence by such party, shall be used only for the purposes of this RFP, and may not be used for other purposes except upon such terms and conditions as may be mutually agreed upon in writing.

B. No specifications, drawings, sketches, models, samples, tools, or other apparatus programs, technical information, or data, written, oral, or otherwise, furnished by any interested party to the District under this RFP shall be considered to be confidential or proprietary.

18. TOBACCO-FREE DISTRICT

The Rockwood School District Board of Education has adopted a policy to provide a tobacco-free environment within Rockwood School District’s boundaries, including buildings, facilities, grounds, parking lots, etc. The use of any tobacco products by any visitor, including employees of Contractors and Subcontracts, is prohibited at all times.

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II. SCOPE OF SERVICES

Through this RFP, the District is seeking to obtain proposals from qualified and experienced individuals, organizations, companies, or firms to provide high school newspaper printing services as described herein.

• Preference will be given to vendors located in the Greater St. Louis Area.

• Proposers must propose pricing for these specifications as well as turnaround time, delivery method, and any delivery fees for each high school.

• Pricing shall remain in effect through June 30, 2029. Any exceptions must be noted in the proposal.

• Vendor must be capable of accepting a purchase order from Rockwood School District.

There are four high schools located in the District, each of which will require newspaper printing services as specified below. The Proposer is to provide detailed pricing for items in all four (4) Bonfire BidTables, as well as the total cost necessary to comply with the requirements of this RFP. Each BidTable is labeled by school name.

EUREKA HIGH SCHOOL, The Bugle

Eureka High School will furnish files containing screen and printer fonts, photos, and illustrations.

REGULAR PRINTING AND SPECIAL SENIOR EDITION

• Type: Self-cover magazine

• Number of pages: 16- to 24-pages, including cover

• Number of units per printing: 450-650 copies

• Material: 80# endurance digital gloss text, white

• Printed Colors: Four-color process on all pages, full bleeds

• Finish: Folded, collated, saddle-stitched, and trimmed to 8.25” x 10.5” finish

• Submission and Publisher Proof: Digital uploading via FTP or Dropbox of finished pages

• Guaranteed 3- to 5-day maximum turnaround

• Delivery of printed newspapers

• Frequency:

o Regular Printings - Five (5) issues each year o Special Senior Edition - One (1) issue each year

OTHER SERVICES

• Ability to print and insert additional papers (i.e., advertising inserts)

• Experienced and established customer service representative, pre-press supervisor for account

• Field trip opportunities for student editors to visit the Contractor’s printing facility

• Availability of Contractor’s printing staff to speak at school to student staff members

• Ability to deliver prior to 11:00 AM on distribution day

DELIVERY ADDRESS

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Eureka High School 4525 Highway 109 Eureka, MO 63025-1248

LAFAYETTE HIGH SCHOOL, The Image

Lafayette High School will furnish files containing screen and printer fonts, photos, and illustrations.

REGULAR PRINTING

• Type: Newsmagazine

• Number of pages: 16- to 20-pages

• Number of units per printing: 800-1,000 copies

• Material: 50# alternative or recycled offset white paper

• Printed Colors: Four-color process on all pages

• Finish: Saddle-stitched or glued inline and trimmed to 8.25” x 10.5” finish

• Submission and Publisher Proof: Digital uploading via FTP or Dropbox of finished pages

• Guaranteed 3- to 5-day maximum turnaround

• Delivery of printed newspapers

• Frequency: Production will be paused for Year 1 with the option to introduce up to four (4) issues per year in Years 2 and 3, contingent upon school’s production capacity

SENIOR MAGAZINE PRINTING

• Number of pages: 16- to 20-pages

• Number of units per printing: 350-450 copies

• Material: 80# gloss book white paper

• Printed Colors: Four-color process on all pages

• Finish: Collated, saddle-stitched, and trimmed to 8.25” x 10.5” finish

• Submission and Publisher Proof: Digital uploading via FTP or Dropbox of finished pages

• 10-day maximum turnaround

• Delivery of printed magazines

• Frequency: One (1) issue each year account

• Field trip opportunities for student editors to visit the Contractor’s printing facility

• Ability to deliver prior to 9:00 AM on distribution day

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Lafayette High School 17050 Clayton Road Wildwood, MO 63011-1794

MARQUETTE HIGH SCHOOL, The Messenger

Marquette High School will furnish files containing screen and printer fonts, photos, and

REGULAR NEWSPAPER PRINTING

• Type: Tabloid newspaper (11.375” x 14.5")

• Number of pages: 16- to 28-pages

• Number of units per printing: 1,700-2,000 copies

• Material: 30# 29” standard newsprint

• Printed Colors: Full color

• Submission and Publisher Proof: Digital uploading via FTP or Dropbox of finished pages

• Guaranteed 2- to 3-day maximum turnaround

• Delivery of printed newspapers

• Frequency: Six (6) issues each year

• Number of pages: 16- to 36-pages

• Number of units per printing: 700-1,000 copies

• Material: 80# gloss book white paper

• Printed Colors: Full color

• Bleed capabilities

• Finish: Collated, folded, and saddle stitched to 8.5” x 11” finish

• Submission and Publisher Proof: Digital uploading via FTP or Dropbox of finished pages

• 10-day maximum turnaround

• Delivery of printed magazines

• Frequency: One (1) issue each year

MAILING SERVICES

• Ability to provide mailing for 200+ newspapers at a bulk rate

• High School’s use of the Contractor’s mailing permit

• Experienced and established customer service representative, pre-press supervisor for account

• Field trip opportunities for student editors to visit the Contractor’s printing facility

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• Ability to deliver prior to 10:00 AM on distribution day

Marquette High School 2351 Clarkson Road Chesterfield, MO 63017-7122

ROCKWOOD SUMMIT HIGH SCHOOL, The Talon

Rockwood Summit High School will furnish files containing screen and printer fonts, photos, and

REGULAR MAGAZINE PRINTING

• Type: Newsmagazine

• Number of pages: 16- to 24-pages

• Number of units per printing: 800-1,000 copies

• Material: 80# endurance digital gloss text, white

• Printed Colors: Four-color process on all pages, full bleeds

• Finish: Folded, saddle-stitched, and trimmed to 8.25” x 10.5” finish

• Submission and Publisher Proof: Digital uploading via FTP or Dropbox of finished pages

• Guaranteed 3- to 5-day maximum turnaround

• Delivery of printed newspapers

• Frequency: Four (4) to eight (8) issues each year

• Number of pages: 16- to 24-pages

• Number of units per printing: 600-800 copies

• Material: 80# gloss book white paper

• Printed Colors: Full color

• Bleed capabilities

• Finish: Collated, folded, and saddle stitched to 8.25” x 10.5” finish

• Submission and Publisher Proof: Digital uploading via FTP or Dropbox of finished pages

• 10-day maximum turnaround

• Delivery of printed magazines

• Frequency: School does not currently produce a Senior Magazine but may consider producing one (1) issue per year contingent upon their production capacity account

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• Field trip opportunities for student editors to visit the Contractor’s printing facility

• Ability to deliver prior to 3:30 PM the day before distribution day

Rockwood Summit High School 1780 Hawkins Road Fenton, MO 63026-2650

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III. CONTRACT TERMS AND CONDITIONS

INTRODUCTION TO THIS SECTION

The successful Proposer will be expected to enter into a written contract with the District. The terms and conditions in this section are expected to be incorporated into any contract awarded as a result of this RFP. These terms and conditions also will be included in any purchase order(s) issued by the District. In submitting a bid, the Proposer agrees to the terms and conditions in this section unless a statement is made to the contrary. Acceptance of alternate language, terms, and conditions is at the sole discretion of the District. While the exact term of the contract is subject to final determination, the successful Proposer would be expected to commence the services on or about July 1, 2026, and complete the services as mutually agreed. The following terms and conditions are not to be considered complete, and other terms and conditions will be included in any resulting contract.

WARRANTY FOR SERVICES

Contractor warrants and represents to the District that Contractor possesses the background, experience, expertise, and qualifications to undertake and carry out the Services. Contractor further warrants and represents that the Services will be performed in a professional, good, thorough, and workmanlike manner and consistent with accepted industry standards.

REMEDIES FOR UNSATISFACTORY SERVICES

In the event Contractor fails to provide the Services consistent with the warranties and representations set forth in Section 2 above, the District at its option, may: (a) require Contractor to reperform the unsatisfactory Services at no cost to the District; (b) refuse to pay Contractor for Services, unless and until Services are corrected and performed satisfactorily; (c) require Contractor to reimburse the District all amounts paid for such unsatisfactory Services; and/or (d) proceed with, and assert, any and all remedies available at law. The foregoing options and remedies available to the District shall be deemed to be mutual and severable and not exclusive.

INSURANCE

A. Contractor shall maintain occurrence-based insurance, including comprehensive general liability, automotive liability, and, if applicable, workers’ compensation and employers' liability in the amounts described herein. Such insurance shall be provided by insurance companies authorized to do business in the State of Missouri.

B. The District shall be included as an additional insured on all required insurance policies, except Workers’ Compensation and Employers' Liability, with respect to the liability arising out of the performance of Contractor's Products and Services under this Agreement.

C. Certificates of insurance of Contractor's insurance coverage shall be furnished to the

District at the time of commencement of the Products and Services.

D. All such insurance shall provide notice to the District of cancellation of insurance policies thirty (30) days before such cancellation is to take effect.

TERMINATION

A. The District may terminate this Agreement with or without cause at any time by giving 15

P a g e 14 | 20 days prior written notice to the other party of its intention to terminate as of the date specified in the notice. Contractor shall be paid for Products delivered and accepted up to the date of termination. Contractor shall be paid for Services satisfactorily performed up to the time notice of termination is received. Contractor shall also be paid for all Services satisfactorily performed between the time notice is received and the date of termination, as long as all such performed Services are approved by the Board in a separate writing and in advance of their performance.

B. In the event of a breach of this Agreement by either Contractor or the District, the non-breaching party shall give the breaching party written notice specifying the default, and the breaching party shall have 15 days within which to cure the default. If the default is not cured within that time, the non-breaching party shall have the right to then terminate this Agreement by providing written notice of such termination.

FORCE MAJEURE

In the event either party is unable, as a result of a Force Majeure Event, to perform Services as set forth in this Agreement, neither party shall have any liability under this Agreement with respect to one another. Neither party shall be liable to the other for any additional costs, expenses, or damages arising out of the rescheduling or cancellation of the Services pursuant to this Section.

"Force Majeure Event" means unforeseeable causes beyond the parties' control and without their fault or negligence, including but not limited to governmental action or inaction, war, acts of God or of the public enemy, riots, fires, floods, earthquakes, pandemics, epidemics, coronavirus, COVID-19, or any other deadly and communicable virus or disease, quarantines, strikes, lockouts, freight embargoes, electrical outage, computer or communication failures.

INDEMNITY

Contractor agrees to indemnify and hold harmless the District and the members of the Rockwood Board of Education, and the District’s officers, employees, servants, and agents from and against any and all liabilities, losses, damages, costs, and expenses of any kind (including, without limitation, reasonable legal fees and expenses in connection with any investigative, administrative or judicial proceeding, whether or not designated a party thereto) which may be suffered by, incurred by or threatened against the District or any members, officers, employees, servants or agents of the District on account of or resulting from injury, or claim of injury, to person or property arising from Contractor’s Products, actions or omissions relating to this Agreement, or arising out of Contractor’s breach or failure to perform any term, covenant, condition or agreement herein provided to be performed by Contractor.

FISCAL FUNDING

While the parties intend for the term of this Agreement to be approximately three (3) years, the term is subject to, and conditioned on, the appropriation, availability and budgeting of sufficient funds. For any fiscal year of the District during the term hereof, in the event that sufficient funds are not available to the District, are not able to be appropriated by the District or cannot be budgeted by the District for the services hereunder, the District shall have the right to terminate this Agreement upon sixty (60) days prior written notice to Contractor prior to the beginning of any such fiscal year. The District shall use reasonable efforts to avoid termination of this Agreement based on lack of fiscal funding. In the event of any such termination, the District shall pay Contractor for the services performed up to the date of termination.

GOVERNING LAW - JURISDICTION

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This Agreement shall be governed, construed, and interpreted under Missouri law and shall be deemed to be executed and performed in the County of St. Louis, Missouri. Any legal action arising out of or relating to this Agreement shall be governed by the laws of the State of Missouri, and the parties agree to the exclusive exercise of jurisdiction and venue over them by a court of competent jurisdiction located in the County of St. Louis, Missouri.

REPORTING

During the term of this Agreement, Contractor shall report to, and confer with, the District’s four

(4) High School Student Publication Advisors, and/or their designee on a regular basis, and as may be reasonably requested, concerning the Products provided by Contractor and Services performed by Contractor and issues related to the Products and Services. Contractor also agrees to meet and confer with other District administrators, officers, and employees as directed or as may be necessary or appropriate.

ASSIGNMENT

Contractor agrees, for Contractor and on behalf of Contractor’s successors, heirs, executors, administrators, and any person or persons claiming under Contractor, that this Agreement and the obligations, rights, interests, and benefits hereunder cannot be assigned, transferred, pledged, or hypothecated in any way and shall not be subject to execution, attachment, or similar process, without the express written consent of the District. Any attempt to do so, contrary to these terms, shall be null and void and shall relieve the District of any and all obligations or liability hereunder.

LICENSES AND PERMITS

Contractor shall obtain at Contractor’s expense all licenses and permits necessary to perform the Products and Services.

CONTRACTOR REPRESENTATIONS

Contractor acknowledges and represents that (i) Contractor is legally authorized to transact business in the State of Missouri and to provide the Products and Services required hereunder,

(ii) the entering into this Agreement has been duly approved by the Contractor, (iii) the undersigned is duly authorized to execute this Agreement on behalf of Contractor and to bind Contractor to the terms hereof, and (iv) Contractor will comply with all State, federal and local statutes, regulations and ordinances, including civil rights and employment laws, and agrees not to discriminate against any employee or applicant for employment or in the provision of Products and Services on the basis of race, color, national origin, sex, sexual orientation, age or disability.

Contractor also agrees to abide by all applicable District policies and regulations.

Contractor agrees that any employee acting on behalf of the contractor and performing duties on District property will adhere to District policies related to staff conduct, including but not limited to:

banning the use of tobacco on District property, a drug-free workplace, and activities that could be viewed as unethical or a conflict of interest. Vendors whose staff will regularly enter school buildings will perform background screening on each staff member to ensure that they are not on a sexual offender or predator list. A complete list of District policies can be found at:

http://go.boarddocs.com/mo/rsdpa/Board.nsf/goto?open&id=C49N95589EBA.

INDEPENDENT CONTRACTOR

http://go.boarddocs.com/mo/rsdpa/Board.nsf/goto?open&id=C49N95589EBA

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The District and Contractor agree that Contractor will act for all purposes as an independent contractor and not as an employee in the providing of the Products and in the performance of Contractor’s duties under this Agreement. Accordingly, Contractor shall be responsible for payment of all taxes, including federal, state, and local taxes arising out of Contractor’s Products and Services, including by way of illustration but not limitation, federal and state income tax, Social Security tax, Unemployment Insurance taxes, and any other taxes. In addition, Contractor and Contractor’s employees shall not be entitled to any vacation, insurance, health, welfare, or other fringe benefits provided by the District. Contractor shall have no authority to assume or incur any obligation or responsibility, nor make any warranty for or on behalf of the District or to attempt to bind the District.

NONDISCRIMINATION

The District actively follows a policy of nondiscrimination on the basis of age, race, color, religion, sex, national origin, sexual orientation, marital status, disability, and Vietnam-Era-veteran status.

The District also complies with the following laws and implementing regulations: Title VI and Title VII of the Civil Rights Act of 1964 regarding race, color, national origin, religious and sex discrimination; Title IX of the Education Amendments Act of 1972 regarding sex discrimination;

the Americans with Disabilities Act, as amended by the ADA Amendments Act; the Missouri Humans Rights Act; Section 504 of the Rehabilitation Act of 1973 regarding discrimination based on disabilities and handicaps; the Age Discrimination in Employment Act; the Missouri Anti- Discrimination Against Israel Act; and other state and federal laws and regulations. By entering into this Agreement, Contractor agrees to be bound by all aforementioned laws and regulations.

Contractor shall also comply with all legal requirements of the Americans with Disabilities Act and the Missouri Human Rights Act regarding accessibility of facilities and programs, as may apply.

Further, Contractor certifies that it is not currently engaged in and shall not, for the duration of this Agreement, engage in a boycott of goods or services from the State of Israel; companies authorized by, licensed by, or organized under the laws of the State of Israel; or companies, persons, or entities doing business in or with the State of Israel.

FEDERAL WORK AUTHORIZATION PROGRAM

As an independent contractor of the District, Contractor will provide documentation and a sworn affidavit that all employees of Contractor are not considered unauthorized aliens as defined by Federal law and are enrolled in and actively participate in a federal work authorization program (FWAP) used to verify citizenship information of newly hired employees under the Immigration Reform and Control Act of 1986.

Pursuant to section 285.530, RSMo, if the Contractor meets the section 285.525, RSMo, definition of a “business entity” (http://revisor.mo.gov/main/PageSelect.aspx?section=285.530) the Contractor must affirm the Contractor’s enrollment and participation in the E-Verify federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the services requested herein. The Contractor should complete applicable portions of Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization, which must be submitted prior to an award of a contract.

A. CONTRACTOR’S PERSONNEL

The Contractor shall only employ personnel authorized to work in the United States in accordance with applicable federal and state laws. This includes but is not limited to the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) and INA Section 274A.

http://revisor.mo.gov/main/PageSelect.aspx?section=285.530

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If the Contractor is found to be in violation of this requirement or the applicable state, federal and local laws and regulations, and if the State of Missouri has reasonable cause to believe that the Contractor has knowingly employed individuals who are not eligible to work in the United States, the state shall have the right to cancel the contract immediately without penalty or recourse and suspend or debar the Contractor from doing business with the state. The state may also withhold up to twenty-five percent of the total amount due to the Contractor.

The Contractor shall agree to fully cooperate with any audit or investigation from federal, state or local law enforcement agencies.

If the Contractor meets the definition of a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, the Contractor shall maintain enrollment and participation in the E-Verify federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the contracted services included herein. If the Contractor’s business status changes during the life of the contract to become a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, then the Contractor shall, prior to the performance of any services as a business entity under the contract:

(1) Enroll and participate in the E-Verify federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the services required herein; AND

(2) Provide to the District the documentation required in the exhibit titled, Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization affirming said company’s/individual’s enrollment and participation in the E-Verify federal work authorization program; AND

(3) Submit to the District a completed, notarized Affidavit of Work Authorization provided in the exhibit titled, Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization.

In accordance with subsection 2 of section 285.530, RSMo, the Contractor should renew their Affidavit of Work Authorization annually. A valid Affidavit of Work Authorization is necessary to award any new contracts.

DATA SECURITY GUIDELINES

A. Company must include their Data Governance Policies and Procedures.

B. Company must provide a certification of Cybersecurity/Data Breach and Cyber

Malpractice Insurance.

C. Company must provide acknowledgement of District Data Governance policies and requirement (Exhibit A). Due to individual vendor processes and procedures, data governance expectations will be discussed during contract refinement. At a minimum, the final contract shall include the following data governance expectations:

1. The district owns all employee/district data that is shared, collected and/or generated through use of the system

2. Access to and use of district data is limited only to those that need to have access to perform required support of the system

3. District data cannot be used for marketing, advertising or data mining, or shared with

3rd parties unless allowed by law and authorized by the district

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4. Vendor must disclose where and how confidential or critical information will be stored and ensure that all district information will only be stored on servers in the United States

5. All data will be maintained in a secure manner and appropriate technical, physical and administrative safeguards are in place to protect the data

6. Vendor must disclose how and when data will be destroyed

7. In the event that the district and/or vendor terminates services, all data must be provided to the district in an agreed upon method and all data stored on vendor systems must be de-identified and/or deleted. Vendor must provide to the District’s Chief Information Office an affidavit acknowledging the de-identification and/or deletion of data within 30 days of termination of services.

8. In the event of a data breach, vendor must immediately notify the district and assume liability of district costs resulting from the breach

9. Vendor will ensure encrypted method of all data transactions with the district

10. All employee data portals are secured through the use of verified digital certificates

11. A data inventory and/or dictionary must be provided to the district’s Chief Information

Officer

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EXHIBIT A

Data Governance Addendum for District Data of the Rockwood R-VI School District

Data Governance Conditions. Terms used herein shall have the same meaning as in the Agreement unless otherwise specifically provided. To the extent that Company is permitted, under the applicable terms of the Agreement, to subcontract or otherwise delegate its duties and obligations under the Agreement, Company is likewise permitted to subcontract or delegate the performance of corresponding duties and obligations contained in this exhibit, provided however that Company will remain ultimately responsible for such duties and obligations. To the extent that any provision of the Terms of Service or Privacy Policy conflict with or contradict with this addendum, in letter or spirit, the provisions of this addendum shall prevail.

▪ Data Storage/Maintenance. The parties agree that all data collected or held by Company (including but not limited to Customer students’ names and other information) shall be stored within the United States of America. The parties further agree that Company shall maintain all data in a secure manner using appropriate technical, physical, and administrative safeguards to protect said data. No data may be backed up outside of the continental United States.

▪ Data Encryption. In conducting data transactions and transfers with the Customer, Company will ensure that all such transaction and transfers are encrypted.

▪ Data Portals. Company warrants and represents that all of its data portals are secured through the use of verified digital certificates.

▪ Data Breach. Company agrees that it will implement commercially reasonable administrative, physical and technical safeguards designed to secure User Data from Customer from unauthorized access, disclosure, or use, which may include, where commercially reasonable or to the extent required by Law, data encryption, firewalls, and physical access controls to buildings and files. In the event Company has a reasonable, good faith belief that an unauthorized party has accessed or had disclosed to it User Data that the Customer provided Company or that Company collected from Customer or its authorized users, and such access or disclosure occurs in a manner that compromises the security of said User Data (“Security Incident”), then Company will promptly, subject to applicable confidentiality obligations and any applicable law enforcement investigation, or if required by Law in such other time required by such Law, notify the Customer and will use reasonable efforts to cooperate with the Customer’s investigation of the Security Incident.

If, due to a Security Incident which is caused by the acts or omissions of Company or its agents, employees, or contractors, any third-Party notification of such real or potential data breach is required under law, Company shall be responsible for the timing, content, and costs of such legally-required notifications. With respect to any Security Incident which is not due to the acts or omissions of Company or its agents, employees, or contractors, Company shall nevertheless reasonably cooperate in the Customer’s investigation and third-party notifications, if any, at the Customer’s direction and expense. Company shall also be responsible for the cost of investigating any Security Incident determined to be caused by the acts or omissions of Company or its agents, employees, or contractors, as well as the payment of actual, documented costs including reasonable legal fees, audit costs, fines, and other fees imposed against the Customer as a result of a Security Incident. Company shall also be required to outline for the Customer the steps and processes that Company will take to prevent post-employment data breaches by

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Company employees after their employment with Company has been terminated.

▪ Data Dictionary. Company will provide the Customer with a data inventory that inventories all data fields and delineates which fields are encrypted within Company’s platform maintaining collected Customer data.

▪ Data Ownership. The parties agree that, notwithstanding Company’s possession of or control over Customer data, the Customer maintains ownership of all data that the Customer provides to Company or that Company collects from the Customer. Company further agrees that Customer data cannot be used by Company for marketing, advertising, or data mining, or shared with any third parties unless allowed by law and expressly authorized by the Customer in writing.

▪ Company Access to Customer Data. The parties agree that Company shall exclusively limit its employees, contractors, and agents’ access to and use of Customer data to those individuals who have a legitimate need to access Customer data in order to provide required support of the system or services to the Customer under the Agreement.

Company warrants that all of its employees, contractors, or agents who have such access to confidential District data will be properly vetted to ensure that such individuals have no significant criminal history.

▪ Data Handling in the Event of Termination. In the event that the parties terminated their agreement for the provision of Company’s services, upon written request any Customer data within Company’s possession or control must be provided to the Customer and all other copies of the data must be de-identified/deleted. De-identified data will have all direct and indirect personal identifiers removed, including but not limited to names, addresses, dates of birth, social security numbers, family information, and health information.

Furthermore, Company agrees not to attempt to re-identify de-identified data and not to transfer de-identified data to any party unless that party agrees not to attempt re-identification. If Customer data is disclosed without de-identifying the same as required herein, written notice shall be provided to the Customer. If Customer data is restored from a back-up after the parties’ termination of their agreement for Company’s services, then that data must also be de-identified/deleted.

▪ Cyber Security Insurance. Company will provide to the Customer a certificate of insurance including Cyber Security Insurance coverage for Data Breach.

▪ Company Visits to Customer Property. The parties recognize that certain Company employees, contractors, or agents may visit the Customer’s property in order to obtain the necessary information for the provision of Company’s services. In the event that a Company employee must be unsupervised on Customer’s property, the parties agree that, before any such visits to the Customer occur, all visiting Company employees, contractors, or agents must clear both criminal and child abuse & neglect background checks.

Company further warrants and agrees that its employees, contractors, or agents who visit the Customer will not have contact or interact with the Customer’s students. Company will indemnify, defend, and hold the Customer, its board members, administrators, employees and agents harmless from and against liability for any and all claims, actions, proceedings, demands, costs, (including reasonable attorneys’ fees), damages, and liabilities resulting directly, from the acts and/or omissions of Company and/or its employees, contractors, or agents, subcontractors in connection with visits to the Customer’s property as described herein.