6-Q2526-01 Superintendent Search RFP.docx

DOCX document 4 MB Posted

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Superintendent Search
Solicitation number
Q2526-01
Issued by
Brown County, Wisconsin

About this file

The document is a Request for Proposal (RFP) issued by the Green Bay Area Public School District (GBAPSD) in Wisconsin for an Executive Search Firm to conduct a superintendent search. The RFP seeks a qualified firm to assist the district in recruiting a new Superintendent of Schools and Learning, commencing July 1, 2026. Key dates include the RFP issue date of August 6, 2025, proposal submission deadline of August 26, 2025, and an estimated decision date of September 30, 2025. The district anticipates awarding a contract to a single vendor to manage a comprehensive nationwide search process, including stakeholder engagement, candidate screening, background checks, and finalist selection.

The RFP outlines a detailed evaluation process with weighted selection criteria, including experience in Wisconsin placements (20 points), candidate processing and screening (20 points), transparency and board access (15 points), cost structure (15 points), stakeholder engagement and equity practices (10 points), staff qualifications (10 points), and references (10 points). The selected firm will be responsible for developing a candidate profile, advertising the position, managing the application process, conducting interviews, performing background checks, and facilitating board and community input. The district emphasizes the importance of finding a highly qualified candidate who can lead a diverse school system serving over 18,000 students across 39 schools, with a mission to prepare students for college, career, and community success.

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File Type Posted
1-Attachment A-Affidavit of Non-Collusion (2).docx DOCX document
3-Attachment D-Notice Certification.docx DOCX document
2-Attachment C-Subcontractor List.docx DOCX document
4-Attachment B-Refererence List.docx DOCX document
5-Attachment E-Vendor Identification.docx DOCX document
7-Submission Instructions - Q2526-01.docx DOCX document

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Executive Search Firm for Superintendent Search RFP NUMBER: Q2526-01 | Aug 2025

Jake Alverson

GREEN BAY AREA PUBLIC SCHOOL DISTRICT

1210 GUNS RD, GREEN BAY, WI 54311

TABLE OF CONTENTS

Project Summary3
Organizational Overview4
Statement Of Need5
Specifications5
Proposal Format7
Proposal Response Format7
Selection Criteria11
Decision Scorecard11
Discussion with Offerors12
Award of Contract12
Terms and Conditions13

PROJECT SUMMARY

Product/Service Requested: Executive Search Firm for Superintendent Search RFP Number: Q2526-01

Proposed RFP Deadline Dates

RFP Issue Date
Aug 6, 2025
Deadline for Responses
August 26, 2025
Estimated Decision Date
September 30, 2025

Contact Information

Name of Contact
Jake Alverson
Address
1210 Guns Rd, Green Bay, WI 54311
Telephone
(920) 391-6783
Email
jalverson@gbaps.org

Appendices

Appendix 1
Attachment A-Affidavit of Non-Collusion
Appendix 2
Attachment B-Reference List
Appendix 3
Attachment C-Subcontractor List
Appendix 4
Attachment D-Notice & Certification
Appendix 5
Attachment E-Vendor Identification
ORGANIZATIONAL OVERVIEW
District Background

Founded in 1856 with the first city-built school known as the Sale School, the Green Bay Area Public School District (District or GBAPSD) is more than 150 years old. We are a District rich in traditions from the East and West High School football rivalry to the home of City Stadium (the original football field of the Green Bay Packers). Our culturally diverse school district is comprised of 39 schools that serve more than 18,000 students. Additional facts regarding the District can be found here: https://www.gbaps.org/aboutgbaps

With a mission to educate every child to be college, career and community ready, the District provides a variety of programming to meet all students’ needs. The District offers our students Education Customization by offering multiple pathways to student success including but not limited to:

· K-12 International Baccalaureate at Chappell Elementary School, Franklin Middle School and West High School

· Project-based learning at the John Dewey Academy of Learning charter school

· Spanish immersion at Baird, Danz, Jackson and Wilder Elementary Schools, as well as Edison Middle School

· The Fine Arts Institute at East High

· Violin and piano instruction beginning in grade 2 as well as integrated arts at Webster Elementary School

· Leonardo da Vinci School for Gifted Learners (5K-8)

· A technology education partnership between Southwest High School and Northeast Wisconsin Technical College

· 4K at multiple sites including a nature based 4K program called OAK Learning Center at the Bay Beach Wildlife Sanctuary

District Mission

District Strategic Framework

Superintendent Position

Objective We educate all students to be college, career and community ready, inspired to succeed in our diverse world.

The District’s Strategic Framework can be found here: https://www.gbaps.org/aboutgbaps/board-of-education/strategicplan

The Superintendent of Schools and Learning is the chief executive of the District. Vicki Bayer has served as the District’s Superintendent for the past three years.

The purpose of this Request for Proposal is to enter into a contract with a qualified company to provide Executive Search Consultant Services for the position of Superintendent of Schools and Learning of the District commencing July 1, 2026. It is anticipated that this RFP may result in a contract award to a single vendor.

This RFP is designed to provide interested offerors with sufficient information to submit proposals meeting minimum requirements, but is not intended to limit a proposal's content or exclude any relevant or essential data. Offerors are at liberty and are encouraged to expand upon the specifications to evidence service capability under any agreement.

Green Bay Area Public School District (GBAPSD) will not be liable for any costs proposers may incur in the preparation or presentation of this proposal.

GBAPSD reserves the right to reject any or all proposals, or to waive any formality or technicality in any proposal, in the best interests of the District. This RFP shall not be construed as an offer, nor as a contract or promise to do business. No binding obligation or business relationship shall commence or exist between the District and any company or bidder unless, and until, a final written contract is executed by both parties, with approval of the Board of Education. All terms and conditions of the selected company’s business relationship with the District shall be set forth in the written contract with the District.

Tentative Schedule

DATE
EVENT
Aug 6, 2025
RFP Issued
Aug 26, 2025
Proposals Due
Sep 15-19 2025
Selected Vendor Oral Presentations
Sep 22, 2025
Board of Education Selects Vendor
Sep 23-27, 2025
Board of Education Contract Authorization Approval
October 1, 2025
Contract Start Date

STATEMENT OF NEED

Specifications

Overview
The Green Bay Area Public School District is beginning its search for a highly-qualified candidate for Superintendent of Schools and Learning to start work on July 1, 2026. To help in the search for the most qualified candidate, the Board of Education is seeking to retain the services of an executive search firm with experience in the successful recruitment of superintendents for school districts similar in size and demographics to GBAPSD and specializing in regional or nationwide searches for administrators of educational organizations. The Board of Education will work with the selected firm to develop a Superintendent search process and timeline for the search activities.

Scope of Services

Deliverables Expected:

The responsibilities of the selected executive search firm will include the following:

1. Provide advice and assistance to the Board of Education in the overall search, including the interview process.

2. Assist the Board of Education in conducting a nationwide search that generates a diversified pool of highly qualified, vetted candidates.

3. Recommend a search process that includes input from all stakeholder groups, including but not limited to the Board of Education, administrators, staff, parents, students, community members, leaders, and partners, businesses and organizations.

4. Develop a candidate profile and job description, with input from the Board of Education, District and community.

5. Prepare and distribute materials and advertise nationally and statewide for the position. Identify and solicit applications from superior candidates nationwide.

6. Communicate with and manage candidates’ expectations, coordinate and facilitate the interview process and arrange any site visits.

7. As requested, prepare reports and recommendations to the Board, including information on the candidate pool.

8. Evaluate and rank qualified applicants in accordance with the criteria developed and encourage qualified internal and external candidates to apply.

9. Arrange and manage initial interviews with the Board and, subsequently, additional rounds as necessary.

10. Facilitate and support the Board’s interviews.

11. Conduct reference and background checks on all interviewees, as required, including extensive reference checks of the identified finalists.

12. Assist the Board of Education in developing an appropriate compensation package and negotiating an individual contract.

13. Assist the Board in developing a transition plan.

14. Notify unsuccessful candidates appropriately.

15. Maintain strict confidentiality throughout the process.

16. Perform other services in the conduct of the search, as needed.

1. Recruitment Timeline

2. Superintendent Candidate Profile and Selection Criteria

3. Advertising Campaign and Recruitment Materials

4. Recruitment of Candidates

5. Screening Candidates/Interviewing Candidates

6. Conducting Candidate Reference Checks

7. Detailed Written Report Recommending Candidates for Further Consideration

8. Conducting Background Checks

9. Soliciting Stakeholder Input with Finalists

10. Certification of Confidentiality

11. Identification of Additional Miscellaneous Tasks

PROPOSAL FORMAT
Proposal Response Format

1. Vendor Overview

2. Search Philosophy and Approach

3. Experience and Track Record in Wisconsin

4. Board Access to Candidate Materials

5. Candidate Vetting and Background Checks

6. Staffing Plan

7. Community and Stakeholder Engagement

8. Equity and Diversity Strategy

9. Proposed Timeline

10. Fee Structure

11. References

12. Relationships and Conflicts of Interest

13. Disclosures

14. Additional Services (Optional)

15. Scope of Services and Candidate Pipeline Management

Proposal Submission

Proposals should be clearly organized and presented using the following section headings and structure. Proposals that do not address each area may be deemed incomplete and receive lower evaluation scores.

· Legal name, organizational structure, address, and year founded

· Organizational mission and values, and their alignment with public education

· Names and roles of key officers or principals

· Your firm’s overall philosophy regarding transparency, equity, and community voice in superintendent searches

· How you work with hands-on school boards that expect access to materials and involvement in initial candidate screening and subsequent evaluation

· How you balance candidate confidentiality with stakeholder trust and accountability

a. Prior Engagements in Wisconsin List of past superintendent searches completed in Wisconsin over the past 5 years:

· District name and location

· District size and type (urban/suburban/rural)

· Timeframe of search and placement outcome

· Whether candidate assumed role and duration of tenure

· Level of board engagement in the search process

· Include one example where the placement did not result in long-term success and explain how your firm adapted or learned from that experience

b. Recruiting Capacity in Wisconsin

· Size and scope of your candidate network within Wisconsin

· Partnerships or engagement with Wisconsin-based professional associations or the Wisconsin Department of Public Instruction

· Staff or consultants with direct experience recruiting in Wisconsin

· Approach to aligning with Wisconsin governance norms and licensure requirements

· Systems used to manage, store, and share candidate application materials

· Whether and how the Board will have direct access to full application packets of all candidates after the application deadline

· Timing, format (e.g., secure portal, PDF), and any limitations or confidentiality policies

· Willingness to support high-transparency processes as required by Wisconsin open records expectations

· Description of the background check process, including:

· Employment and credential verification

· Criminal history checks (federal, state, local)

· Reference checks (professional and personal)

· Social media research: platforms reviewed, red flag criteria, tools used

· Indicate whether checks are done for all applicants or only finalists, and at what stage

· Who reviews findings and how results are reported to the Board

· Names and bios of the lead consultant(s) and team members

· Relevant experience in public education and superintendent searches

· Roles and time commitments during this engagement

· Approach to engaging students, staff, families, and community members in defining the superintendent profile and evaluating finalists

· Tools and methods used to ensure inclusive outreach, especially to underrepresented groups

· Prior success examples in facilitating community input

· Description of how your firm promotes diversity in candidate sourcing

· Examples of successfully placing women, BIPOC, and underrepresented leaders

· Commitments or partnerships your firm uses to broaden access to leadership roles

· Description of whether services are offered in multi languages

· Draft timeline from engagement through candidate hire

· Key milestones including stakeholder input, recruiting, interview rounds, background checks, and contract negotiation

· Proposed total fee and breakdown of costs (e.g., consultant time, travel, advertising)

· Clarify whether candidate fees exist (GBAPS will not support firms that charge candidates for placement consideration)

· Note whether the fee is fixed or variable

· At least three references from successful superintendent placements, preferably in Wisconsin

· One reference from a search that did not result in a successful or sustained placement, including your reflections

· List any partnerships or active relationships with educational vendors or service providers and any fee arrangements for such partnerships/relationships

· Disclose any past or present relationships with superintendent candidates or school board members that may create a conflict

· Litigation or arbitration history

· Past failures to complete engagements

· Bankruptcy filings (if any)

· Any unique offerings, transition support, or value-added services not covered above

Provide a detailed explanation of how your firm executes the core elements of a superintendent search from application intake through final slate presentation. Include the following:

a. Application Processing Describe your process for receiving, storing, and tracking candidate applications.

Indicate:

· Whether your firm uses an online application portal, third-party platform, or manual intake process

· How applications are timestamped, organized, and secured

· How the Board will be notified once the application window closes and how they may access application materials

b. Applicant Screening Explain the methodology your firm uses to screen and assess candidates:

· What criteria are used (e.g., qualifications, leadership philosophy, district alignment)?

· Who conducts the initial screening and what tools (rubrics, interviews, etc.) are used?

· At what point is the Board informed of the screening progress?

· Describe how the firm:

· Ensures equity and bias mitigation during screening

· Evaluates both traditional and non-traditional candidates

· Handles internal applicants (if applicable)

c. Board Collaboration on Candidate Slate Describe your approach to working with the Board of Education to:

· Facilitate Board review of all applicants who meet minimum qualifications

· Guide the Board through a structured evaluation and ranking process, using agreed-upon criteria

· Collaborate with the Board to build a consensus short-list or slate of semi-finalists, ensuring members have access to complete application materials and supporting information for each candidate

· Facilitate Board input and refinement of the finalist slate Clearly define:

· Whether the firm makes recommendations or only facilitates selection

· How the Board participates in determining who advances to each round

· How your firm supports the Board in weighing input from stakeholder feedback during the slate-building phase Note: GBAPS expects an active role in reviewing candidates at multiple points in the process. Firms that do not accommodate direct Board access to candidate materials and input into slate decisions will be at a disadvantage.

Proposals must be received by 2:00 p.m. CST on August 26, 2025. Proposals received after the deadline will be late and ineligible for consideration. Proposals must be delivered electronically within Bonfire (instructions included).

Proposals will include Attachments A, B, D & E. Attachment C is required if subcontractors will be used.

NOTICE: By submitting a proposal in response to this RFP, the offeror is acknowledging that the requirements, scope of work, and the evaluation process, outlined in the RFP are fair, equitable, not unduly restrictive, understood and agreed to. Any exceptions to the content of the RFP must be submitted to the Director of Procurement prior to the closing date and time for submission of the proposal.

SELECTION CRITERIA

Decision Scorecard

Proposal Evaluation Criteria
Proposals will be evaluated by a selection committee using the following weighted criteria:

Evaluation Criteria

· Experience and Retention in Wisconsin Placements (20 points) Success in placing superintendents in Wisconsin school districts of similar size, complexity, and demographics, and in placements that result in tenure of 3+ years.

· Candidate Processing, Screening, and Slate Collaboration (20 points) Clear methodology for application processing, candidate screening, background checks (including social media), and board involvement in slate development.

· Transparency and Board Access (15 points) Systems and processes that enable timely and full Board access to application materials and candidate background information.

· Cost and Fee Structure (15 points) Overall cost, transparency of fee structure, and alignment with District expectations regarding candidate fees.

· Stakeholder Engagement and Equity Practices (10 points) Evidence of inclusive stakeholder input processes and demonstrated success in recruiting and presenting diverse and underrepresented candidates.

· Qualifications and Proposed Staff (10 points) Expertise and experience of assigned staff, especially those with Wisconsin or Midwest-specific knowledge.

· References and Outcomes (10 points) Client feedback on recent and relevant placements; required example of an unsuccessful placement and what was learned.

Note: The District reserves the right to request interviews with top vendors. Selection will be based on both written proposals and, if applicable, presentation quality and fit.

Discussion with Offerors

Oral Presentations
After review of proposals, the highest rated vendors may be offered the opportunity to provide an oral presentation. Oral presentations will be requested at the sole discretion of the Board of Education. However, GBAPSD may award a contract based on the initial proposals received without discussion with offerors. If oral presentations are required, they will be scheduled after the submission of proposals. Oral presentations will be made at the offerors expense.

Award of Contract

Award of Contract
Award shall be made to the offeror whose proposal is the most advantageous to the District taking into consideration price and the other evaluation factors set forth in this request for proposals.

GREEN BAY AREA PUBLIC SCHOOL DISTRICT

Standard Terms and Conditions

1. CONTRACTUAL CONDITIONS: The following contractual conditions, in addition to system requirements and implementation terms, shall be included in the contract entered into by the District and the successful vendor. By submitting a proposal, the vendor agrees to be bound by the following contractual conditions unless otherwise noted in the proposal. In the event a vendor wishes to present alternative language to the following contractual conditions, it must do so as part of the vendor’s proposal and such language will be considered as part of the District’s evaluation process.

2. GENERAL REQUIREMENTS:

Deviations and Exceptions: Deviations and exceptions from original text, terms, conditions or specifications shall be described fully, on the Vendor’s/proposer’s letterhead, signed, and attached to the request. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the Vendor/proposers shall be held liable.

3. ACCEPTANCE OF TERMS OF THE RFP: By submitting a proposal, the vendor agrees to be bound by the Contract Terms and Conditions included herein which are in addition to the terms contained in the RFP, unless otherwise noted in the proposal. In the event a vendor wishes to present alternative Contract Terms and Conditions, the vendor must present said alternative language as part of the vendor's proposal. Any such alternate language will be considered in the District’s evaluation process.

4. FALSE, MISLEADING OR INCOMPLETE STATEMENTS: Proposals which contain false, misleading or incomplete statements, or which provide references which do not support an attribute or condition claimed by the Vendor, may be rejected. If, in the opinion of the District, such information was intended to mislead the District in its evaluation of the proposal, and the attribute, condition or capability is a requirement of this proposal, it will be the basis for rejection of the proposal. The District shall be the sole judge in making such determination.

5. RULES FOR WITHDRAWAL OR REVISION OF PROPOSAL: A proposal which is submitted prior to the deadline may be withdrawn or revised any time prior to, but not after, the deadline for receipt of proposals provided that the request for withdrawal or revision is in writing and executed by the Vendor’s duly authorized representative. The request for withdrawal or revision of the proposal must be filed with the District’s Director of Procurement before the deadline for the receipt of proposals. The withdrawal of a proposal shall not prejudice the right of a Vendor to submit a new proposal, provided the Vendor can submit the new proposal by the deadline stated herein.

6. SUBCONTRACTING: Any Vendor using a Subcontractor(s) must clearly explain the use of the Subcontractor(s) and list the name(s) of the Subcontractor(s) providing work under this proposal. The selected Vendor will be fully responsible for all work performed under this proposal and will be considered as the Prime Contractor. Any subcontracting or other legal arrangements made by the Vendor are the sole responsibility of the Vendor. Any contract that is entered between the selected Vendor and the Subcontractor(s) must contain all contract terms agreed to between the District and the successful vendor. In addition, any such contract shall contain provisions for federal and state access to the books, documents, records, and inspection of work.

7. NUMBER OF VENDORS: There shall be one contract between the District and the successful vendor. All materials and services proposed will be procured under these contracts. The vendor may have subcontractors. Any agreements between the vendor and subcontractors must not conflict with the terms of the agreement between the District and the vendor.

8.CONTRACT AWARD: The award to the successful vendor is contingent on the successful negotiation of a final agreement of all terms between the parties. If contract negotiation cannot be completed successfully, the District may negotiate an agreement with the next highest scoring vendor or have the option to withdraw the RFP.
9.CONTRACT TERM AND TERMINATION:

The contract term shall be negotiated prior to contract award.

GBAPS reserves the right to cancel the contract at any time, with or without reason, with a 60-day written notice.
GBAPS reserves the right to cancel any contract, in whole or in part, without penalty due to non-appropriation of funds.
GBAPS reserves the right to cancel the contract if the vendor fails to follow the requirements of Wis. Stat. § 77.66 and related statutes regarding certification for collection of sales and use tax.
GBAPS reserves the right to cancel the contract with any federally debarred vendor or a vendor that is presently identified on the list of parties excluded from federal procurement and non-procurement contract.
Termination for Default. If either party violates any of the material covenants or duties imposed upon it by this Contract, such violation shall entitle the other party to terminate this Contract in accordance with the following procedure: The non-defaulting party shall give the offending party thirty (30) days’ written notice of default and the opportunity to remedy the violation or take steps to remedy the violation. If at the end of such 30-day default notice period, the party notified has not remedied the purported violation or taken steps to do so, the non-defaulting party may terminate this Contract as follows: on the first business day following the last day of the 30-day default notice period, the non-defaulting party shall give the defaulting party 15 days’ notice of termination. If the non-defaulting party does not provide this 15-day notice of termination, the default notice shall be deemed rescinded.
The Parties agree that the terms and conditions of this Agreement may be re-negotiated/terminated any time during the Term of this Agreement due to circumstances unique to a public health emergency. Any changes to the terms and conditions of this Agreement must be done in writing, pursuant to paragraph 30 below.
10.CONTRACT DURATION PRICING: During the contract term, the successful vendor must pass on to the District all discounts and price reductions made available to other customers using similar services. At no point will the vendor be allowed to raise cost above the stated contract price.
11.PAYMENT TERMS AND INVOICING: The District normally will pay properly submitted vendor invoices within thirty (30) days of receipt providing goods and/or services have been delivered, installed (if required), and accepted as specified. “Date of receipt” is defined as the completed delivery of the goods or services, or the satisfactory installation, assembly, or specified portion thereof, or the receipt of the undisputed invoices for the delivery of the goods or services, whichever is later. Payment may be made by check, automated clearing house (ACH) or procurement card at the District’s option. Invoices should include the purchase order number and be submitted via email to gbaps_accounting@gbaps.org.
12.TAXES: GBAPS and its agencies are exempt from payment of all federal tax and Wisconsin state and local taxes on its purchases. Individual exemption certificates will be furnished upon request if needed by the successful vendor to reclaim such charges.
13.INSURANCE: The successful Vendor shall be liable for damages resulting from injury to a person and/or damage to the property of others and/or of the District, employees of the District, or persons designated by the District for any purposes, prior to or subsequent to acceptance, delivery, installation, and use of the system or service either at the successful Vendor’s site or at the District, provided that the injury or damage was caused by the fault or negligence of the Vendor.

The successful Vendor shall purchase and maintain insurance to protect the Vendor from claims set forth below which may arise out of or result from the Vendor’s operations under the contract, whether the operations be by the Vendor, by a subcontractor, or by anyone directly or indirectly employed by anyone of them or by anyone for whose acts any of them may be liable. The insurance must be placed with an insurance company with a minimum AM Best Rating of A-VII.

The insurance shall be written for not less than the limits of liability specified below or required by law, whichever coverage is greater. Coverage shall be written on an occurrence basis and shall be maintained without interruption from the date of commencement of the work until the date of final payment.

The insurance policies shall be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights to subrogation against the District, its officers, officials, employees and volunteers for losses paid under the terms of the policy that arise from the work performed by the named insured for or on behalf of the District.

The District shall be named as an additional insured party on a primary basis with respect to operations of the Vendors or its subcontractors under the required liability policy. At a minimum, the Vendor shall be required to carry the following coverage and types:

13.1 Commercial General Liability: Coverage shall have minimum limits of $1,000,000 each occurrence, and $3,000,000 aggregate combined single limit for bodily injury liability and property damage liability. This shall include premises and operations, independent contractors, products and completed operations, contractual liability, and personal injury liability. Coverage shall not exclude explosion, collapse, or damage in or around the facilities. The policy may not contain an exclusion for coverage of claims arising from claims for sexual molestation or abuse. In the event that Vendor’s policy should have an exclusion for sexual molestation or abuse claims, then Vendor shall be required to procure a supplemental policy providing such coverage.

13.2 Business and Auto Liability: Coverage shall have minimum limits of $1,000,000 per accident for bodily injury liability and property damage liability. This shall include owned vehicles, hired and non-owned vehicles, and employee non-ownership.

13.3 Property Insurance: Vendor shall purchase and maintain, in a company or companies lawfully authorized to do business in Wisconsin, property insurance written on an “all risk” or equivalent policy form in the amount of the contract sum, plus value of subsequent contract modifications and the cost of material supplied or installed by others, comprising total value for the entire project on a replacement cost basis. The coverage also must include off site and in-transit exposures. The Vendor shall be responsible for all losses that fall under any deductibles on required insurance coverage. The Vendor shall include the District and subcontractors as additional insured. If the District is damaged by the failure of the Vendor to procure or maintain such insurance, then the Vendor shall be liable for all damages, injury, costs, and/or expenses, including attorney’s fees, arising out of or resulting from the Vendor’s failure to procure or maintain such insurance.

13.4Worker’s Compensation:
State:Statutory
Applicable Federal:Statutory

Employer’s Liability: $100K/accident; $500K/Disease, Policy Limit; $100K/Disease, each employee

13.5 Umbrella Liability: Coverage shall have minimum limits of $4,000,000 each occurrence, and $4,000,000 aggregate. Coverage should be at a minimum following form over underlying general liability and auto liability coverage.

13.6 Malpractice Insurance: Coverage shall have minimum limits of $1,000,000 each occurrence.

The Vendor shall provide the District with a certificate of insurance in a form acceptable to the District prior to commencement of the contract. The certificates and insurance policies required in the above paragraphs shall contain a provision that coverage afforded under the policies cannot be canceled, materially altered, or allowed to expire until at least 30 days prior written notice has been given to the District.

14. INDEPENDENT CONTRACTORS (NON-EMPLOYEE AUTHORIZED AGENTS): The vendor or its employees will not be considered employees of the District while engaged in the performance of any services required herein, and shall be independent contractors. Any and all claims that may arise under the Workers Compensation Act of Wisconsin on behalf of said employees, and any and all claims made by any third party as a consequence of any act of omission on the part of the work or service provided to be rendered herein, shall in no way be the obligation or responsibility of the District.

Vendor’s employees shall not constitute “employees” or “full-time equivalent workers” of the District as provided in the Patient Protection and Affordable Care Act (‘‘PPACA’’ or ‘‘Affordable Care Act’’), 42 U.S.C. §§ 300gg et seq., Pub. L. No. 111-148, 124 Stat.119 (Mar. 23, 2010). Vendor shall be responsible for compliance with the Affordable Care Act. Each party assumes full responsibility for its own employees, agents and contractors, in all respects.

15. APPLICABLE LAW AND COMPLIANCE:

This contract shall be governed under the laws of the State of Wisconsin. The vendor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct, including, but not limited to, the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. §1232g; 34 CFR Part 99), the Children's Online Privacy Protection Act of 1998 (COPPA), 15 U.S.C. §§ 6501–6506 and Wis. Stat. § 118.125.

16. PRIVACY AND CONFIDENTIALITY: In accordance with the Family Educational Rights and Privacy Act the following shall apply:

1. In the course of providing services during the term of the Agreement, Vendor may have access to student education records that are subject to the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, et seq. and the regulations promulgated there under. Such information is considered confidential and is protected. To the extent that Vendor has access to “education records” under this Agreement, it is deemed a “school official,” as each of these terms are defined under FERPA. Vendor agrees that it shall not use education records for any purpose other than in the performance of this Agreement. Except as required by law, Vendor shall not disclose or share education records with any third party unless permitted by the terms of the Agreement or to subcontractors who have agreed to maintain the confidentiality of the education records to the same extent required of Vendor under this Agreement.

2. In the event any person(s) seek to access protected education records beyond the access that is provided to Vendor for purpose of providing Athletic Training and Strength and Conditioning Services, whether in accordance with FERPA or other Federal or relevant State law or regulations, Vendor will immediately inform the District of such request in writing if allowed by law or judicial and/or administrative order. Vendor shall not provide direct access to such data or information or respond to individual requests. Vendor shall only retrieve such data or information upon receipt of, and in accordance with, written directions by the District and shall only provide such data and information to the District. It shall be the District’s sole responsibility to respond to requests for data or information received by Vendor regarding the District data or information. Should Vendor receive a court order or lawfully issued subpoena seeking the release of such data or information, Vendor shall provide immediate notification to the District of its receipt of such court order or lawfully issued subpoena and shall immediately provide the District with a copy of such court order or lawfully issued subpoena prior to releasing the requested data or information, if allowed by law or judicial and/or administrative order.

3. If Vendor experiences a security breach concerning any education record covered by this Agreement, Vendor shall immediately notify the District and take immediate steps to limit and mitigate such security breach to the extent possible. The parties agree that any breach of the confidentiality obligation set forth in the Agreement may, at the District’s discretion, result in cancellation of further consideration for Agreement award and the eligibility for Vendor to receive any information from the District for a period of not less than five (5) years. In addition, Vendor agrees to indemnify and hold the District harmless for any loss, cost, damage or expense suffered by the District, including but not limited to the cost of notification of affected persons, as a direct result of the unauthorized disclosure of education records.

4. Upon termination of Agreement, Vendor shall return and/or destroy all data or information received from the District upon, and in accordance with, direction from the District. Vendor shall not retain copies of any data or information received from the District once the District has directed Vendor as to how such information shall be returned to the District and/or destroyed. Furthermore, Vendor shall ensure that they dispose of any and all data or information received from the District in a the District-approved manner that maintains the confidentiality of the contents of such records (e.g. shredding paper records, erasing and reformatting hard drives, erasing and/or physically destroying any portable electronic devices).

17. SECURITY COMPLIANCE ON DISTRICT PROPERTY: All work performed on District property shall be in compliance with District security policies, e.g., each person who needs to enter a District building shall sign in on the designated visitor log located in the building main office or reception area. The log shall include a date of entry, employee name, contractor name, time entering the building, and time leaving the building.

All contract personnel must wear an official identification badge issued by the vendor in an easily visible placard. The vendor will keep personnel screening records on file for any personnel under the resulting contract

18. BACKGROUND CHECKS: Vendor shall require all employees, contractors, and volunteers who provide services pursuant to this Agreement to submit to background checks and shall not permit anyone who does not pass a background check to participate in any delivery of services pursuant to this Agreement. At a minimum, such background checks shall include the following:

a. Social Security and Address Verification through a national query;

b. Wisconsin Criminal History (where applicable, other state databases where the applicant has lived);

c. National Sex Offender Registry Program; and

d. Wisconsin Circuit Court Automation Program (CCAP) (where applicable, other states with on-line court access).

19.ANTITRUST ASSIGNMENT: The vendor and Green Bay Area Public School District recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by GBAPS (purchaser). Therefore, the vendor hereby assigns to the Green Bay Area Public School District any and all claims for such overcharges as to goods, materials or services purchased in connection with this contract.
20.ACCESSIBILITY: When Applicable--Vendor should demonstrate that each software and/or hardware confirms to the accessibility guidelines established by the World Wide Web Consortium's Web Content Accessibility Guidelines 2.0 (WCAG 2.0).

Vendor should demonstrate that each software and/or hardware confirms to the accessibility guidelines established by Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998 (P.L. 105-220), August 7, 1998. Section 508 is the section of the 1973 Rehabilitation Act that states that all electronic and information technology procured, used, or developed by the federal government after June 25, 2001, must be accessible to people with disabilities. Affected technology includes hardware such as copiers, fax machines, telephones, and other electronic devices as well as application software and websites.

21. FORCE MAJEURE: Neither party shall be held responsible for delay or failure to perform, when such delay or failure is because of any of the following unless the act or occurrence could have been foreseen and reasonable action could have been taken to prevent the delay or failure, and provided the defaulting party gives written notice as soon as possible to the other party regarding the inability to perform:

● Fire ● Flood ● Epidemic ● Strikes ● Wars ● Acts of God ● Unusually severe weather

● Acts of public authorities ● Delays or defaults caused by public carriers

22.INABILITY TO PERFORM: The vendor shall make every reasonable effort to maintain staff to deliver the solution purchased by the District. The vendor shall immediately notify the District in writing whenever it is unable to, or reasonably believes it is going to be unable to, provide the agreed-upon quality and quantity of services. Upon such notification, the District shall determine whether such inability requires a modification or cancellation of the contract.
23.DUTIES TO MITIGATE: Both parties shall use their best efforts to mitigate any damages that might be suffered by reason of any event giving rise to remedy hereunder.
24.ATTORNEY’S FEES: If suit is brought by either party to this RFP to enforce any of its terms (including all component parts of the proposal documents), and the District prevails in such suit, the Vendor shall pay all litigation expenses incurred by the District, including attorney’s fees, court costs, expert witness fees, and investigation expenses.
25.INDEMNIFICATION CLAUSE: The vendor will be required to defend, indemnify and hold harmless the District, its agents, board members, officers, and employees (“indemnities”), from and against any and all actual or alleged claims, demands, actions, causes of action, injuries, personal injuries, contingent liabilities or damages, and reasonable attorney fees. An indemnity's recovery is not limited due to the fact that the District is named as an additional insured under any of the vendor’s insurance policies. The vendor is solely responsible for any payment of any deductible or retention under its insurance policies.
26.HOLD HARMLESS: The vendor agrees to and shall hold harmless and indemnify the District, its officers, agents, and employees from every claim or demand and every liability for loss, damage, or expense of any nature whatsoever, which may be incurred by reason of liability for damages or death, or bodily injury to person, injury to property, or any other loss, damage, or expense sustained by the vendor or any person, firm, or corporation employed by the responder upon or in connection with the services called for in this proposal.
27.NONDISCRIMINATION: During the performance of this contract, the vendor shall not unlawfully discriminate against any person based on race, color, creed, religion, sex, national origin, age, ancestry, disability, sexual orientation, gender identity, gender non-conformity, gender expression, transgender status, pregnancy, or marital or parental status. The vendor shall also comply with any applicable federal or state laws regarding nondiscrimination.
28.PROMOTIONAL ADVERTISING/NEWS RELEASES: Reference to or use of GBAPS, any of its departments, agencies or other subunits, or any state official or employee for commercial promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of GBAPS. Release of broadcast emails pertaining to this procurement shall not be made without prior written authorization of the contracting agency.
29.TOBACCO: Smoking and other use of tobacco, tobacco-like products, nicotine products, or alternative smoking products shall be prohibited at all times on District premises and at District-sponsored activities where the District controls attendance/access to the event or activity. Use of electronic cigarettes shall be prohibited everywhere that smoking and use of tobacco and tobacco-like products are prohibited. Authorized agents of District (e.g., authorized volunteers or vendors) are further prohibited from using tobacco, nicotine, electronic cigarettes or alternative smoking products in connection with a District-sponsored activity when students are present and the person is performing their role as an authorized agent of District. “District premises” means any District building, grounds, recreation area, or athletic field or property owned, used for school administration or school owned vehicles.
30.ASSIGNMENT: No right or duty in whole or in part of the vendor under this contract may be assigned or delegated without the prior written consent of GBAPS.
31.ENTIRE AGREEMENT: These Contract Terms and Conditions shall apply to any contract or order awarded as a result of this request except where special requirements are stated somewhere in the request: in such cases, the special requirements shall apply. Further, the written contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the contracting authority.

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