4-26-14203.pdf

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Bus Radios
Solicitation number
26-14203
Issued by
Missouri

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Request for Proposal Summary

This is a Request for Proposal (RFP) issued by Rockwood School District (R-VI), located in Missouri, seeking qualified vendors to provide digital bus and portable radios, associated equipment, programming, maintenance, repair services, and installation of bus radios for the District's transportation fleet. The District seeks proposals for approximately 150 mobile radios, with 130 units to be installed initially and the remaining 20 held for future replacement needs. The RFP also requires pricing for the addition of one new repeater and antenna for a building to be determined in the Eureka quadrant. Clarification questions must be submitted electronically by April 15, 2026, with proposals due by 2:00 p.m. CST on April 29, 2026. Award recommendations will be submitted to the Board of Education by May 20, 2026, with Board approval anticipated by June 4, 2026. Services are expected to commence July 1, 2026, with the contract term extending through the life of the manufacturer's warranty, plus two optional 12-month renewal periods. The District operates approximately 130 buses and maintains an existing infrastructure consisting of two consoles and six repeaters across multiple locations serving approximately 19,000 students.

Proposers must submit fixed pricing that remains unchanged throughout the contract term, with detailed individual unit pricing and total costs provided on the attached bid sheet. Pricing shall exclude federal excise tax, transportation tax, and state retail sales tax. Proposers must demonstrate a minimum of five years in business, employ at least six full-time technicians with Tier 2 DMR deployment experience, maintain a fully authorized factory sales and service location within one hour of District facilities staffed by at least four factory-trained technicians, and possess an established dealer relationship with the equipment manufacturer prior to January 1, 2021. Proposed equipment must meet FCC ultranarrowband requirements, comply with DMR Tier 2 standards, achieve 90 percent mobile coverage district-wide, and support a minimum AVL/GPS polling frequency of 90 per minute. The successful Proposer must provide a Certificate of Insurance with comprehensive general liability of $1,000,000 per occurrence, manage all FCC licensing aspects, and provide training to District staff at no additional cost. The District reserves the right to split awards, make multiple awards, reject any or all proposals, and request interviews with selected proposers as part of the evaluation process.

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2-E-Verify.pdf PDF
3-District Map REV 07 2022.pdf PDF
5-Exhibit A - Bid Sheet.xlsx XLSX spreadsheet
1-Acknowledgement Form.pdf PDF

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ROCKWOOD SCHOOL DISTRICT

REQUEST FOR PROPOSAL

RFP No.: 26-14203

Title: Bus Radio Purchase, Repair and Installation

Issue Date: April 1, 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 the items, goods, supplies, products, and 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 bids and proposals 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, Proposers 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

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Important Dates

RFP Issue Date April 1, 2026

Deadline for RFP Clarification April 15, 2026

Proposal Due Date April 29, 2026 at 2:00 PM CST

Award Recommendation Submitted to BOE May 20, 2026

BOE Approval Date June 4, 2026

Contract Commencement Date July 1, 2026

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

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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, and nineteen elementary schools, a talented and gifted campus, and a school for at-risk high school students. The District employs over 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 requirements contained herein for providing digital bus radios and portable radios (“Products”) and repair and installation (“Services”) or an alternative system that meets or exceeds the requirements. It is anticipated the Products and Services will commence on July 1, 2026. The Products and Services are described more fully below in this RFP.

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 April 29, 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 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

2:00 p.m. CST on April 15, 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. Proposals 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 capabilities to provide the required services.

G. Proposers must include at least the following information, data and responses labeled accordingly http://www.rsdmo.org/ https://rsdmo.bonfirehub.com/portal/?tab=openOpportunities https://rsdmo.bonfirehub.com/portal/?tab=openOpportunities

P a g e 4 | 15 in their proposals:

(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 servicing 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 description of Proposer’s products which are being proposed.

(5) Proposer’s total price for the Products, including any and all costs and expenses. Proposer shall submit a price list appropriately evidencing and itemizing Proposer’s prices, including any applicable discounts.

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.

(6) 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.

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

(8) 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 provide the Products described in this RFP.

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

J. 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 the products and services.

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

L. 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.

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

3. PRE-PROPOSAL MEETING

A pre-proposal meeting will not be held for these services. Clarification of proposal requirements must be initiated electronically through the “Vendor Discussions” or “Ask a Question” features no later than 2:00 p.m. CST on April 15, 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 proposal(s) is deemed to be most advantageous to the District, taking into account overall content of the proposal, cost, overall proposal, 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 award on a part or portion of a proposal. 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

P a g e 6 | 15

Proposers are cautioned that the Products and 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.

11. 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 June 4, 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 Products described herein, the scope of services described herein and the contract provisions included herein. It is anticipated the contract term will commence on July 1, 2026 and continue through the life of the warranty, with the option to renew two (2) additional twelve-month terms.

12. 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.

13. INSURANCE

The successful Proposer will be expected to provide a Certificate of Insurance to the District evidencing 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

The District shall be listed as certificate holder and as Additional Insured for the commercial general liability and the automobile general liability coverage.

14. TAXES

Proposers shall NOT INCLUDE FEDERAL EXCISE TAX, TRANSPORTATION TAX, or STATE RETAIL SALES TAX in their cost proposal, 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 request for proposals to be designed, or Products or Services to be provided, as part of the projects contemplated by this RFP.

mailto:accountspayable@rsdmo.org

P a g e 7 | 15

16. EXCEPTIONS

If a Bidder takes exception to any part of these specifications as written, or as amended by 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.

P a g e 8 | 15

II. DESCRIPTION OF PRODUCTS AND SCOPE OF SERVICES

Through this RFP, the District is seeking proposals from qualified and experienced persons, organizations, companies or firms for the purchase of digital bus and portable radios and associated equipment as needed, for programming and maintenance and repair of District-owned radios and associated equipment, and for installation of bus radios as needed, or an alternative system that meets or exceeds the requirements herein. The District intends to contract with the successful Proposer to provide the Products and Services consistent with the terms of this RFP. While subject to final determination, the District anticipates that the successful Proposer will begin delivery of the Products and Services on or about July 1, 2026.

The infrastructure of the existing digital UHF radio system used for District wide transportation voice and GPS/AVL data communications includes two (2) consoles and six (6) repeaters located at the addresses listed below. The District owns approximately 130 buses.

Consoles:

Transportation Department – Fenton 4555 Commerce Ave High Ridge, MO 63049

Transportation Department – Wildwood 17146 Manchester Road Wildwood, MO 63040

Repeaters (two at each location):

Chesterfield Elementary School 17700 Wild Horse Creek Rd Chesterfield, MO 63005

Rockwood Summit High School 1780 Hawkins Rd Fenton, MO 63026

Facilities Department/Warehouse 17146 Manchester Road Wildwood, MO 63040

Each repeater location has two (2) 3DB antennas on the roof top, one (1) per repeater, and one (1) tower is located at the Facilities Department/Warehouse. A previous test of digital radio repeaters revealed a dead zone in the Southwest area (Hwy F and FF) of the District. Site visits can be scheduled by contacting Pat McCart, Coordinator of Maintenance and Grounds, at 636-733-3270.

The existing infrastructure has reached a ten-year age mark. The district's preference is to continue its operation until end-of-life. Should the proposed radios require integration with this infrastructure, proposers must submit a fixed-price schedule for the replacement of each fixed item, valid for the full term of the agreement.

PRICING:

The Proposer shall provide detailed individual unit pricing, as well as the total cost necessary to comply with the requirements of this RFP. Pricing for the current infrastructure should be submitted using Exhibit A – Bid Sheet (attached in Bonfire). Pricing for alternative systems should be submitted on a separate document and must include all required equipment and quantities, installation and labor costs, service fees, and average response times for emergency and regular repairs.

P a g e 9 | 15

Pricing shall remain at the costs/rates submitted throughout the term of the contract. The District intends to enter into a contract term equal to the life of the warranty, with the option to renew two (2) additional twelve-month terms.

QUANTITY REQUIRED:

Proposals must include the total cost for one hundred fifty (150) mobile radios. While the use of current infrastructure is preferred, the proposal must account for the cost of new equipment and infrastructure replacement as existing consoles, repeaters, or antennas fail or require upgrading over time. Pricing must specifically include the addition of one (1) new repeater and antenna for a building yet to be determined in the Eureka quadrant. Upon receipt, the equipment and approximately one hundred thirty (130) radios will be installed, with the remaining units held for future replacement needs. Additional equipment may be purchased as needed throughout the life of the contract.

EQUIPMENT REQUIREMENTS:

Proposed product specifications must be equivalent to or exceed the current models listed below:

BUS RADIOS

Mobiles MD782GU Portables PD782GU

Repeaters RD982U

3DB Mobile Antennas MAXMUF4500

PC Based AVL/Dispatch Consoles HYT9830000000057

TOWER EQUIPMENT

Transmit Combiner (3+ Chan expandable)

Receiver multicoupler (4 port)

Antenna (TBD proposer)

Cable (TBD proposer)

Connectors (TBD proposer)

Duplexer (TBD proposer)

Microphones (TBD proposer)

Power supply (TBD proposer)

Any additional as required to meet stated technical requirements

TECHNICAL SPECIFICATIONS:

Meet FCC requirements for ultra‐narrowband (6.25khz or equivalent)

DMR Tier 2 standard for voice and data (Any proprietary format or format only available from a single manufacturer will be rejected)

Minimum AVL/GPS Polling frequency of 90 per minute (2 minutes or less to poll 180 bus fleet)

Minimum of two (2) simultaneous group voice calls

Minimum of 90% mobile coverage for voice and data district wide

Expandable to provide communications to our Facility’s staff or other departments

Interface with hand held mobiles

PROPOSER REQUIREMENTS:

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Minimum of six (6) full time technicians with experience in successful Tier 2 DMR deployments

Minimum of five (5) years in business

Have a fully authorized factory sales and service location for proposed radio equipment within a 1‐hour drive of the required field service sites (district buildings and bus lots)

Staffed by no less than four (4) factory trained (on proposed radio equipment) field technicians

An established dealer relationship prior to 1/1/2021 with the manufacturer of proposed radio equipment

LICENSING

The Proposer shall be responsible for managing all aspects of FCC licensing for the duration of the contract.

WARRANTY

Manufacturer warranty information should be included as part of your proposal.

TRAINING

The Proposer shall provide training, at no additional cost, to District staff on operation of all wireless radio systems on an as-needed basis. These trainings will occur periodically throughout the year and will be available to new and existing staff providing them with information needed to effectively use the radio systems network.

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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 proposal, 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 ON PRODUCTS

Contractor warrants that all Products covered by this Agreement will conform to each and every specification, drawing, sample or other description which is furnished to or is adopted by the District and that they will be fit and sufficient for the purpose intended, merchantable, of good material and workmanship and free from defect. Such warranty shall survive delivery and shall not be deemed waived either by reason of the District’s acceptance of said materials or goods or by payment for them.

INSPECTION AND ACCEPTANCE

No Products received by the District pursuant to this Agreement shall be deemed accepted until the District has had reasonable opportunity to inspect said Products. All Products which are discovered to be defective or which do not conform to any warranty of the Contractor herein upon initial inspection, or at any later time if the defects contained in the Products were not reasonably ascertainable upon the initial inspection, may be returned at the Contractor’s expense for full credit or replacement at the District’s option. Such right to return defective Products shall no exclude any other legal, equitable or contractual remedies the District may have.

WARRANTY FOR SERVICES

Contractor warrants and represents to the District that Contractor possesses the background, experience, expertise and qualifications to undertake and to 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.

P a g e 12 | 15

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 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 five (5) years, the term is subject to, and conditioned on, the appropriation, availability and budgeting of sufficient funds. For any fiscal year of the

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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 Consultant 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 Consultant for the products received and the services performed up to the date of termination.

GOVERNING LAW - JURISDICTION

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 Director of Transportation and/or their designee on a regular basis, and as may be reasonably requested, concerning the Products provided by Contractor and the 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, 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:

P a g e 14 | 15 http://go.boarddocs.com/mo/rsdpa/Board.nsf/goto?open&id=C49N95589EBA.

INDEPENDENT CONTRACTOR

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.

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 http://go.boarddocs.com/mo/rsdpa/Board.nsf/goto?open&id=C49N95589EBA http://revisor.mo.gov/main/PageSelect.aspx?section=285.530

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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.

File details come from the government source that posted it. Updated .