7-25-08101.pdf

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Substitute Employment Management System
Solicitation number
25-08101
Issued by
Missouri

About this file

This is a Request for Proposal (RFP) issued by Rockwood School District (RSD) in Missouri for a Substitute Employee Management System. The district is seeking proposals from qualified vendors to provide a comprehensive digital system to manage substitute staffing for approximately 1,600 certified staff (9.5 months per year) and 250 other employees. The RFP was issued on October 15, 2025, with key dates including a clarification deadline of October 29, 2025, proposal due date of November 14, 2025, tentative finalist presentations on November 24-25, 2025, and a projected contract "go live" date of July 1, 2026. The anticipated contract term is from July 1, 2026, through June 30, 2029, with options to renew for two additional twelve-month terms.

The system must provide robust functionality including telephone and web access, ability to differentiate pay rates, track leave balances, manage substitute certifications, and generate comprehensive reports. The district will evaluate proposals using a scoring matrix: 25% for system functionality, 25% for user experience and support, 20% for cost, 15% for implementation, and 15% for vendor qualifications. Vendors must submit detailed information including company background, references, data security guidelines, and comply with specific technical requirements such as interfacing with the district's current PowerSchool BusinessPLUS system. The proposal emphasizes data security, requiring vendors to submit a K-12 CVAT risk assessment, data governance policies, and cybersecurity insurance, with strict guidelines about data ownership, storage, and protection.

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Other files

File Type Posted
1-Acknowledgment Form (Services).pdf PDF
2-E-Verify.doc DOC document
4-MO NDPA V1 Approved Over5000withExH.pdf PDF
5-Anti-Discrimination Against Israel Affidavit.docx DOCX document
3-Form K-12CVAT-Lite-V3.0 (1).xlsx XLSX spreadsheet
6-Pricing Table.xlsx XLSX spreadsheet

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Page 1 | 15

ROCKWOOD SCHOOL DISTRICT

REQUEST FOR PROPOSAL

RFP No.: 25-08101

Title: Substitute Employment Management System

Issue Date: October 15, 2025

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 a substitute employee management system 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.

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

Page 2 | 15

Important Dates

RFP Issue Date: October 15, 2025

Deadline for RFP Clarification October 29, 2025, at 4:00 PM

(CDT)

Proposal Due Date November 14, 2025, at 2:00 PM (CST)

Finalist Presentations (tentative) November 24-25, 2025

Award Recommendation Submitted to BOE December 1, 2025

BOE Approval Date December 16, 2025

“Go Live” Date July 1, 2026

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

Page 3 | 15

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 4,200 people, and covers 150 square miles in much of western St. Louis and northern Jefferson counties. The District has consistently earned the accreditation of Distinction in Performance by the Missouri Department of Education.

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

The Rockwood School District invites you to submit a proposal according to the requirements contained herein for providing a substitute employee management system (“Products” and “Services”).

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 November 14, 2025, at 2:00 PM (CST). We strongly recommend that you give yourself sufficient time and at least ONE (1) day before the deadline to begin the uploading process and to finalize your submission.

D. To contact the District or ask questions related to this RFP, Proposers must initiate the communication electronically through the “Vendor Discussions” or “Ask a Question” features by October 29, 2025, at 4:00 PM. 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.

http://www.rsdmo.org/

Page 4 | 15

G. Proposers must include at least the following information, data, and responses labeled accordingly in their proposals (i.e., G1, H, L, etc.):

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

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

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

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

(5) 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.

H. 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.

I. 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.

J. 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 is not currently scheduled. Clarification of proposal requirements must be initiated electronically through the “Vendor Discussions” or “Ask a Question” features no later than 4:00 PM CST on October 29, 2025.

4. AWARD

Award(s) will be made to the lowest 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 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

Page 5 | 15 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. BILLING AND PAYMENT

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

Rockwood School District’s payment terms are Net 45.

12. CONTRACT

The Rockwood Board of Education must formally approve the award of any contract(s) or agreement to purchase with approval anticipated to be received no later than December 16, 2025. The successful Proposer will be required to enter into a written contract with the District which will include, but not be limited to, the scope of services described herein and the contract provisions included herein. It is anticipated the contract term will commence on July 1, 2026 and shall continue through June 30, 2029, with the option to renew two (2) additional twelve-month terms.

13. INSURANCE

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

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

$ 1,000,000 property damage per occurrence mailto:accountspayable@rsdmo.org

Page 6 | 15

$ 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 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.

Page 7 | 15

II. DESCRIPTION OF PRODUCTS AND SCOPE OF SERVICES

Through this RFP, the District is seeking to obtain proposals from qualified and experienced persons, organizations, companies, or firms to provide a substitute employee management system. The District will utilize this system for approximately 1,600 certified staff who will require substitutes (9.5 months per year) and approximately 250 other employees who will not require substitutes (12 months per year). It is anticipated that Services would commence on or about July 1, 2026. The District intends to contract with the successful Proposer to provide the Products and Services consistent with the terms of this RFP.

DESCRIPTION OF PRODUCTS:

GENERAL REQUIREMENTS

● Proposer must provide a hosted server.

● Industry-standard hardware and software. Describe the technology platform, including operating system (OS), Database management system (DBMS), and scalability for future growth needs.

● Ability to interface/transfer data with the District’s current Finance/HR system, PowerSchool BusinessPLUS. If the product interfaces with BusinessPLUS, describe the process.

● Indicate if your product has earned SIF Certified, and if so, at what level.

● List internet browser requirements, including preferred and/or supported browsers

GENERAL PREFERENCES

● 2FA or Google SSO security process

FUNCTIONAL REQUIREMENTS

● Telephone and web access capabilities (indicate telephone line increments available).

● The phone system should contain at least four (4) incoming and outgoing lines.

● Ability to differentiate pay rates based on each job.

● Ability to establish rules for long-term pay rates based on consecutive or cumulative days worked.

● Capable of tracking leave balances for certified staff and restricting them from entering requests that exceed their allotted vacation, personal, and sick leave.

● Allow for temporary “do not disturb” and “unavailable” status for substitutes.

● Offer substitute jobs specifically matched to position and site preference, as well as building preference and exclusion lists.

● Ability to track substitute certifications, including corresponding expiration dates.

● Ability to attach budget or account codes to completed substitute assignments.

● Ability for site administrators to monitor absences and substitute assignments.

● Ability for site administrators to create vacancies.

● Ability for site administrators to access site-specific reports, including absence summaries with accepted and open positions and exclusion lists.

● Report capabilities, including queries, available standard reports, and the ability to create custom reports, including, but not limited to, the following:

o Fill rate report, including unfilled jobs that were filled from within.

▪ Daily, weekly, annually, average

Page 8 | 15 o Pushing reports to the site and district administrators.

● Ability to easily split an existing full-day absence into two half-day absences.

● Ability for substitutes to receive text messages for available jobs.

● Mobile app or mobile-friendly website

● Ability to handle jobs for part-time employees with unique schedules.

● Ability to handle jobs for traveling teachers who teach at two or more locations and may have multiple schedules.

● Ability for substitutes to define specific requirements on their profiles, such as the sites they will work at, and have the ability to filter only jobs at those locations.

● Ability to define days when substitutes are not required and days for which no absences should be reported.

● Ability for teachers and administrators to leave notes and upload attachments for the substitutes within the system.

● The system must only grant the Director of Human Resources and the Substitute Manager the ability to deny substitutes.

● Ability to change or delete an absence in the system.

FUNCTIONAL PREFERENCES

● Learning software that can learn the type of subjects or jobs that substitutes accept.

● Ability for all site administrators to view/edit job details for traveling teachers assigned to their schools.

● Detailed evaluation reports for substitutes, including details of jobs they have cancelled.

● Ability to stop the system from calling to fill an open job, to cancel or assign a substitute to the job.

● Allow for site administrators to mark a substitute as unavailable for a particular job if the substitute has turned down the job during a phone call from the site administrator.

● System should allow substitutes to be paid for their scheduled hours, not their hours worked.

● Ability for new employee data to be migrated from PowerSchool’s BusinessPLUS to the substitute system.

● Ability for users to create a vacancy outside of the substitute jobs for an employee's absence.

● Ability to notify the Director of Human Resources and/or site administrators when employees reach 10 or more absences.

SCOPE OF SERVICES:

HOSTED SERVICES

● Describe 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.

PROFESSIONAL SERVICES

● Describe comprehensive system implementation services, including any needed data conversions, setup, and training.

Page 9 | 15

● Describe onsite training for system administrators and backups.

● Describe onsite and/or remote training options for site administrators, substitutes, and teachers.

FUNCTIONALITY

● Explain your system's pathway when substitute entries are input into the system.

● Explain how long an employee has to accept or deny a job. What is the timeline for other candidates to accept it?

SCORING MATRIX:

● System functionality – 25%

● User experience and support – 25%

● Cost – 20%

● Implementation – 15%

● Vendor qualifications – 15%

FINALIST INTERVIEWS/PRESENTATIONS:

Selected finalists will be required to demonstrate their proposed product to a District evaluation committee, if needed, on Monday, November 24, 2025, or Tuesday, November 25, 2025, at the District’s Administrative Center located at 111 East North Street, Eureka, Missouri 63025.

PRICING:

Proposer shall complete the Pricing Table, which shall be included as part of their proposal.

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) 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

Page 10 | 15

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.

(12) The selected Proposer will be required to sign the MO-NDPA Standard Agreement upon execution of the contract. A copy of the agreement is attached.

Page 11 | 15

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 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.

B. The District shall be included as an additional insured on all required insurance policies, Page 12 | 15 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 for 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 years (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

Page 13 | 15 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 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 Assistant Superintendent of Human Resources or Director Human Resources and/or their designee on a regular basis, and as may be reasonably requested, concerning the Products provided by Contractor and Services performed by Contractor and issues related to the Products and Services. Contractor also agrees to meet and confer with other District administrators, officers and employees as directed, or as may be necessary or appropriate.

ASSIGNMENT

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

LICENSES AND PERMITS

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

CONTRACTOR REPRESENTATIONS

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

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

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

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

banning the use of tobacco on District property, 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:

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

Page 14 | 15

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.

NON-DISCRIMINATION

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 Exhibit B, Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization. The applicable portions of Exhibit B must be submitted prior to an award of a contract.

A. CONTRACTOR’S PERSONNEL

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

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

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

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

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

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

(2) Provide to the District the documentation required in the exhibit titled, Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization affirming said Vendor’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 .