ROCKWOOD SCHOOL DISTRICT

REQUEST FOR PROPOSAL

RFP No.: 26-10101

Title: Facilities Management Software

Issue Date: April 10, 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 for a software platform to manage facility usage and work orders, assets, and capital planning 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.

Important Dates

RFP Issue Date April 10, 2026

Questions Due Date April 23, 2026

Proposal Due Date May 8, 2026, at 2:00 PM CDT

Finalist Demos May 29, 2026

Award Recommendation Submitted to BOE June 1, 2026

Expected BOE Approval Date June 16, 2026

“Go Live Date” TBD

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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 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.

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 May 8, 2026, at 2:00 PM CDT. 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. 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. Vendor questions regarding this opportunity must be submitted electronically through the “Vendor Discussions” or “Ask a Question” features by April 23, 2026, at 5:00 PM CDT. Vendors will not be able to submit messages or questions after this time.

G. 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 products and services.

H. Proposers must include at least the following information, data, and responses labeled accordingly 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 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 the Proposer intends to perform the required services and includes a description of any involvement and responsibilities that would be required of the District.

(5) 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 the 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.

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 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.

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 April 23, 2026, at 5:00 PM CDT. Responses to the Proposers’ questions will be posted in an addendum.

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 and 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 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

Proposers are cautioned that services must be furnished at the 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 16, 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.

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 in full.

Rockwood School District’s payment terms are Net 45.

13. INSURANCE

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

$ 1,000,000 property damage per occurrence

$ 1,000,000 aggregate all claims per occurrence

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 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 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 Subcontractors, is prohibited at all times.

II. SCOPE OF SERVICES

The primary objective of this initiative is to select a system that unifies facility scheduling, asset tracking, work order management, and capital planning into a single, cohesive system.

The following specifications outline the "must-have" capabilities required to support the District’s infrastructure.

User Base:

· Rockwood School District will have 1,579 users on this platform

· The Rockwood School District has 47 buildings General Scheduling:

· Must be able to configure different user permission settings for different types of users, and allow for updates to these permission settings to be made by Rockwood School District, with or without support from the vendor

· Must be able to add/remove fields from forms and configure forms to collect necessary information

· Must be able to transfer data from Rockwood School District’s current platforms:

· FMX is used for facilities usage, work order tickets, and asset management

· Eventlink is Rockwood’s current Athletics scheduling platform

· PowerSchool’s Business Plus is Rockwood’s financial system platform

Detailed Scheduling/Room Usage:

· Must be able to support 47 buildings/locations and be expandable for future growth

· Must be able to filter spaces by building, floor, point-of-view, overhead satellite image, capacity, geographic locations, availability, type of activity, type of room, etc.

· Must be able to allow system administrators to assign various levels of rights/permissions to system users

· Must be able to send notifications in multiple formats (e.g., SMS, Email, Push Notifications, Etc.)

· Must be able to push building schedules to various calendar applications (Gmail, Outlook, etc.)

· Must be able to embed the external request portal into the District's website

· Must be able to restrict requests of the entire building to only the Administrator role

· Must be able to enter "blackout" dates/times/locations/facilities

· Approval workflow is based on the requested building/facility/room/resources, etc.

· Must be able to route notifications to appropriate team members for schedule requests based on how the form is filled out, the building/resources/rooms being booked, etc.

· Must allow customers to upload documents (Insurance, etc.)

· Must be able to set up and identify internal (District staff) –vs- external users (Public)

· Must be able to differentiate between facilities that are available to District staff and the public

· Statuses to include: Available, Booked, Pending Approval, Unavailable for Public Use

· Provide in the application a text box to allow descriptions of required set-ups (furniture placement, technology needs, catering, etc.)

· Must be able to request equipment and personnel (furniture, sound system, custodians, security personnel, etc.) using a drop-down menu

· Must be able to maintain inventory limits on the availability of equipment, personnel, and resources

· Support integrations with Building Automation Systems to trigger changes in HVAC, lighting, access control systems, etc., based on facility usage schedule

· Integration allows building automation systems to maintain default schedules and priorities (HVAC, lighting, access control systems, etc.) while receiving updates from scheduling software for events outside of normal scheduled hours

· Must be able to search by keywords or filters for requests made by specific Rockwood employees and public users

· Must be able to set up the Room Customization Template where applicable

· Must be able to cancel a reservation Invoicing/Billing for Facility Scheduling:

· Must automatically populate invoices based on reservation details

· Allows for configuration of different rates based on the type of user booking the event, to automatically estimate/generate invoices for scheduled events

· The System should allow customers to make payments online or by mail, check their current balance, display an itemized payment history, and see upcoming fees.

· Must be able to change event details before billing occurs (cancellation, room change, additional furniture, etc.)

Reporting for Facility Scheduling:

· Must be able to generate pre-formatted reports, as well as have access to an ad-hoc reporting tool

· Must be able to generate a daily activities report identifying customers (internal or external) using space within a building, and identifying the customer, space, date, and time of use

· All reports should be capable of downloading in a reader-friendly format (Word, Excel, PDF).

· Must be able to create location-based reports based on geographical region or user-defined areas and subjects

· Offers metric-specific reporting such as work order aging, escalations, past due approvals, etc.

· Allows users to schedule reports to run automatically on a defined schedule for a defined distribution list

· Must be able to restrict queries and reports based on user-level security flows

· Must be able to preview all reports before printing

· Must be able to provide custom reports (and if there are associated costs) Interactive Mapping:

· Must be able to upload floor plans for specific rooms and drop asset location markers on the interactive map

· Must be able to link work orders to the exact location of an asset on the map

· Must be able to provide access to view open/overdue work orders on assets and current uptime/downtime on machines

· Must be able to assign room capacities to each available location General Facilities Management:

· Menu-driven and graphical user interfaces with an online help system

· Must have own Inventory Asset Management system

· Offers email distribution of reports, approval requests, etc., from within the system

· Supports simultaneous multi-user access with role-based security

· Offers a mobile application specific to Android/iOS

· Provides an audit trail of record changes that includes the user, date, and time

· Must be able to attach unlimited documents, photos, or videos to work orders, asset files, and inventory item files

· Must be able to identify parts and equipment needed for a selected activity

· Must be able to include notes in work orders or asset records with unlimited text fields and edit/spell check tools

· Accessible through a variety of web browsers such as Chrome, Safari, Microsoft Edge, and Firefox

· Allows for multiple labor rate assignments

· Must be able to mass update fields across like records Asset Management:

· Must be able to assign a unique asset number with a scannable QR code to each asset

· Must be able to transfer an asset and all related records and history to another person, location, or facility

· Must be able to provide condition assessment ratings and create a corresponding report

· Must be able to capture asset history that includes:

· Images

· Warranty information

· Serial number

· Asset tag number

· Model

· Installation dates and location

· Maintenance and repairs

· Retirement and disposition

· Must be able to search, select, and display assets, asset condition, work history, and pending work Work Order Management:

· Must be able to support multi-user work order requests that include unlimited items

· Offers automatic assignment of unique work order numbers to requests

· Provides a warning if the type of work requested for an asset is addressed by an existing open work order for the same asset

· Must be able to copy/duplicate work orders to support recurring needs

· Ability for requester to view requests, status, and resolutions

· Must be able to escalate the workflow approval process for emergency and priority requests

· Allows work orders to be created with or without assets tied to them

· Must be able to link several assets to a single work order

· Allows for user-defined work order categories, such as reactive, maintenance, and chargeable, among others

· Identifies parts and equipment required to complete the work order, reserves the same in the inventory system, and assigns corresponding job costs

· Must be able to assign and manage work orders to individuals, crews, or outside contractors

· Offers schedule balancing by crew, person, or geographical location

· Provides automatic notification of new work orders to the sender and assigned user(s)

· Allows an unlimited number of work orders to be open at one time

· Provides estimated and actual labor, equipment hours, tools, materials, outside resources, and costs associated with the work order

· Must be able to generate a daily work list for staff based on work orders, assigned tasks, and estimated time to complete them

· Allows personnel to select and review work orders using multiple selections and sorting criteria

· Must be able to map and display the location and status of selected work orders

· Identifies delinquent work orders

· Field must be able to access file attachments

· Must be able to charge work by line item to cost centers or general ledger accounts

· Provides location management of the asset Preventative Maintenance:

· Supports Preventive Maintenance (PM) management and asset management for vertical assets (building and its components) and lineal assets (systems comprising the whole main system)

· Provides automatic notification to drivers when vehicle PM is due or maintenance technicians when equipment PM work is due

· Must be able to trigger automatic creation of PM work orders based on calendar time or equipment run time

· Must be able to schedule seasonal or cycle PMs (i.e., “between June and September”)

· Must be able to group assets by location to create and schedule PM

· Must be able to schedule closures and shutdowns by date and time

· School closures

· Individual room and building closures

· Must be able to access procedure checklists, equipment manuals, maintenance and repair history, photos, and other related resources or attachments Inventory Management:

· Provides real-time access to inventory information

· Must be able to reserve shared equipment and tools

· Must be able to issue inventory to work orders, between storage areas, and to record all other transactions affecting inventory supply level

· Must be able to designate multiple areas as warehouses and assign multiple warehouses to one part

· Provides automatic notification for parts reordering (with quantity) based on current quantity on hand, quantity already on order, and work order reservation

· Must be able to identify the manufacturer, model number, and preferred vendor for a part Safety and Risk Management:

· Must be able to integrate safety information such as confined space entry permits, lockout/tagout, hot work activity tracking, etc.

· Allows for permission-based access to accident information

· Allows for Material Safety Data Sheet tracking and interfacing with online compliance sites Miscellaneous Features:

· Phone Applications Satisfaction Surveys:

· Must be able to send surveys automatically to the requesting user via email after a request is resolved

· Must be able to collect survey responses in a report to benchmark satisfaction ratings

· Must be able to filter results by request type, location, resolving user, and other metrics

· Must be able to quickly identify and review negative feedback responses

· Ability for one-click access to view an associated request

· Must be able to edit survey questions

· Must be able to set up email notifications related to responses Capital Planning:

· Ability to store and update data on building systems (HVAC, Plumbing, Electrical, Envelope) with photos and deficiency notes.

· Ability to perform predictive modeling, allowing for “what-if” scenario planning

· Identifies assets that have had multiple repairs and would benefit from replacement

· Provides for budgeting for cycle maintenance and regular replacement

Implementation:

· Must be able to import pre-collected data, including asset records, maintenance history, and inventory records

· Provides electronic training materials and manuals for new users

· Offers onsite training and support

· Offers technical website support available 24/7 Timeline:

· Provide a detailed timeline outlining key milestones towards implementation Technical Specifications:

· Hosted Services

· Describe the data backup process

· Describe hours of availability (e.g., 24 hours per day, 7 days per week, 365 days per year) and support provided

· Describe security measures, including but not limited to firewalls, intrusion detection, encryption, and other industry-standard security features.

Finalist Interview Presentations:

Selected finalists will be required to demonstrate their proposed product to a District evaluation committee, if needed, on Friday, May 29, 2026, at the District’s Administrative Annex located at 500 North Central Ave., Eureka, Missouri 63025.

Scoring Matrix:

System functionality – 25% User experience and support – 25% Cost – 20% Implementation – 15% Vendor qualifications – 15%

Data Security Guidelines:

A. Vendor must submit a completed K-12 CVAT risk assessment evaluation.

B. Vendor must include their Data Governance Policies and Procedures.

C. Vendor must provide a certification of Cybersecurity/Data Breach and Cyber Malpractice Insurance.

D. 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 the use of the system

(2) Access to and use of district data is limited only to those who need to have access to perform the 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

(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 will be in place to protect the data

(6) The 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, the vendor must notify the district within a reasonable timeframe and assume liability for the district's costs resulting from the breach.

(9) Vendor will ensure data encryption in transit and rest 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.

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. 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 after 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 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.

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 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 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 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 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 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

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 Facilities and/or their designee on a regular basis, and as may be reasonably requested, concerning the Services performed by Contractor and issues related to the 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 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 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 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:

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 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 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. The applicable portions of must be submitted prior to an award of a contract.

Rockwood School District – Request for Proposal Page

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