RFP 26025TCG

Template Revision July 10, 2025

PUR-F0070

CLARK COUNTY SCHOOL DISTRICT

LAS VEGAS, NEVADA

MATHEMATICS PROFESSIONAL LEARNING SERVICES

This RFP consists of 23 pages

Revision Date February 3, 2026

RFP due date: February 26, 2026 at 1:00 p.m.

To obtain a copy of this Request for Proposal:

• https://ccsd.bonfirehub.com

• (Sandra Pettack)

(702) 799-5225 ext. 5470 email: 0071-Bid-Questions-Inbox@nv.ccsd.net

Table of Contents

Part 1 Overview of the Project

Part 2 Interpretation

Part 3 Schedule and Submittal Instructions

Part 4 Proposal Presentation and Response

Part 5 Scope of Work and Technical Requirements

Part 6 Proposal Evaluation and Award

Part 7 Special Conditions

Part 8 General Conditions

Part 9 Definitions and Acronyms

Part 10 Agreement

Part 11 Submittal Forms – Provided as separate documents at:

https://ccsd.bonfirehub.com Proposal Submittal Form Public Disclosure Form Customer Reference Form Supplier Federal 2 CFR 200 Certifications Form Supplier Application/Update Form W-9 Supplier Contact List Designation Form

Part 1: Overview of Project

The Clark County School District, herein referred to as District, is accepting proposals for Mathematics professional learning services.

Part 2: Interpretation

Due to the compressed timeframe of this RFP, the District will not be accepting questions prior to the opening of proposals.

Any deviation from this policy or attempt to directly contact or influence any Clark County School District employees or his/her representatives may result in disqualification of the Respondent. Any oral communications will be considered unofficial and non-binding on the District.

Part 3: Schedule and Submittal Instructions

Schedule of Events:

Task Date

Pre-Proposal Conference None

Initial posting of RFP February 3, 2026

Deadline for submission and opening date of proposals, 1pm P.S.T. February 26, 2026

Selection of Supplier for recommendation to the Board (tentative) March 19, 2026

Issuance of Purchase Order (tentative) April 10, 2026

3.1 Cancellation: The District reserves the right to cancel this RFP, in whole or in part, at any time during the solicitation process and prior to the RFP due date. This solicitation of proposals does not obligate the District to award a contract, nor does any liability attach to the District for the issuance of this document.

3.2 Collusion: Any evidence of agreement or collusion among Respondents and prospective Respondents acting to restrain freedom of competition by agreement to bid a fixed price or otherwise, shall render the proposals of such Respondents void.

3.3 Cooling Off Period: Per District Regulation 4371, the District may not enter into any contract, agreement, or consulting arrangement directly or indirectly, with any employee or former employee for a period of one year from the date of termination of employment other than as a member of a bargaining unit, or as a substitute employee, unless (1) there is full disclosure of the nature and extent of the employee’s or former employee’s interest in the matter, and (2) the contract is noticed and acted upon in an open session before the Board of School Trustees and approved by a majority of the Board of School Trustees.

The Respondent is hereby put on notice, by this condition, that it is his/her responsibility to disclose any relationship or affinity with a Board of School Trustee or an authorizing official in writing to the Director of Purchasing and Warehousing. Failure to properly disclose a relationship shall result in termination of the purchase contract and may jeopardize the Respondent’s future business dealings with the District.

3.4 Cost to Prepare and Submit Responses: All costs incurred in the preparation and submission of responses to the RFP shall be the responsibility of the Respondent.

3.5 Disclosure: Advance disclosures of any information to any particular Respondent, which gives that particular Respondent any advantage over any other interested Respondent in advance of the opening of the bids, made or permitted by a member of the District or an employee or representative thereof, shall void all proposals of that particular bid solicitation or request.

3.6 Interpretations, Corrections and/or Changes: Any interpretation(s), correction(s), or change(s) to this RFP will be made by Addenda. Interpretations, corrections or changes to this RFP made in any other manner will not be binding and Respondent(s) shall not rely upon such interpretations, corrections or changes. Addenda will be available in Euna Procurement (formerly named Bonfire) at https://ccsd.bonfirehub.com. It is the responsibility of the Respondent, prior to submitting a response to the RFP, to determine whether all addenda have been received and are included in the RFP response.

3.7 Issues/Complaints Regarding Requirements and Specifications: Any Plan Holder may submit complaints to the Buyer I prior to responding to the RFP if the Plan Holder believes the RFP unduly constrains competition or contains criteria that are inadequate or improper. The complaint must be on or prior to the deadline for submission of questions as indicated in the Schedule of Events. The District reserves the right to modify requirements, support specifications, or both. Should the Plan Holder complaint identify a justifiable change(s), an addendum detailing the modifications shall be released.

Issues/complaints shall be submitted in writing and addressed to the appropriate Buyer I as defined on the front page of this document.

3.8 Late Proposals: Proposals received after the due date and time will not be considered and will be returned unopened to the sender. Regardless of the method used for delivery, Respondents shall be wholly responsible for the timely delivery of submitted proposals.

3.9 Preparation: Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capacities to satisfy the requirements of the RFP. Expensive bindings, color displays, promotional materials, etc., are not necessary or desired. Emphasis should concentrate on conformance to the RFP instructions, responsiveness to RFP requirements, and on completeness and clarity of content. All proposals and accompanying documents become the property of the District.

3.10 Prompt Payment Discount: Prompt payment discount shall be defined as the amount of discount offered by the Respondent to the District if payment is made within a specified time frame. Terms of payment or cash discounts that require payment in less than 15 calendar days shall not be considered in the proposal evaluation.

3.11 Proposal Modification/Open Offer: Proposals may be modified or withdrawn prior to the established opening date by delivering written notice to the Director of Purchasing. Proposals which are not withdrawn before opening shall be considered firm for a minimum of 120 calendar days after the date of proposal opening in order to allow the District to evaluate and consider award. Respondents may submit proposals any time prior to opening date and time. Proposals must be received in their entirety by the deadline for submission and the opening date noted above.

Should a Respondent recommended for award withdraw their proposal, or if an awarded Respondent should breach the contract, that Respondent may be deemed non-responsible for a period of up to two

(2) years.

3.12 Proposal Opening: Proposal information shall not become public record until after an award recommendation has been made and posted publicly on Euna Procurement at https://ccsd.bonfirehub.com prior to the Board of School Trustees voting on the recommendation.

3.13 Proprietary Information: The District is a public entity as defined by state law and as such, it is subject to the Nevada Public Records Law (Chapter 239 of the Nevada Revised Statutes). Under that law, all of the District’s records are public records (unless otherwise declared by law to be confidential), and are subject to inspection and copying by any person. Respondents are advised that after an award recommendation has been made by the Director of Purchasing, the complete content of all proposals will become a public record and nothing contained in the proposal will be deemed to be confidential.

Respondents should not include any information in its proposal that is proprietary in nature or that they would not want to be released to the public. Proposals should contain sufficient information to be evaluated without reference to any proprietary information.

3.14 Proposal Delivery Instructions: The District strongly prefers electronic proposal submission via Euna Procurement at https://ccsd.bonfirehub.com. Proposals will be evaluated using Euna Procurement. Any hard copy (including flash drives) proposals received will be uploaded into Euna Procurement. The District accepts no responsibility or liability for either the Respondent’s errors and/or omissions in its proposal or errors committed by District staff in uploading submissions to Euna Procurement.

For hard copy proposals, submit proposals and mark boxes/envelopes plainly as indicated below:

Clark County School District RFP Number: 26025 TCG Director of Purchasing Opening Date: February 26, 2026 4212 Eucalyptus Avenue, Bldg. #7 Las Vegas, NV 89121

For: Mathematics Professional Learning Services

3.15 Respondent’s Representation: Respondent is certifying that by submitting a proposal it has read and understands the proposal documents and that the proposal is made in accordance with all applicable laws.

3.16 Responsibility for Improper Identification or Submission: No responsibility will attach to the District, or any official or employee thereof, for the pre-opening of, post-opening of, or the failure to open a hard copy proposal not properly addressed and identified. Proposal delivery by facsimile and/or e-mail, IS

NOT ALLOWED.

Part 4: Proposal Presentation and Response

4.0 General:

a. Faxed or emailed Responses are not acceptable.

b. Submitting a Response via Euna Procurement (formerly named Bonfire): The District strongly prefers electronic proposal submission via Euna Procurement. Respondent’s may register with Euna Procurement and access this RFP at https://ccsd.bonfirehub.com. Proposals will be evaluated using Euna Procurement. Any hard copy (including flash drives) proposals received will be uploaded into Euna Procurement by District staff. The District accepts no responsibility or liability for either the Respondent’s errors and/or omissions in its proposal or errors committed by District staff in uploading submissions to Euna Procurement.

c. Submitting a Hard Copy Response: If a Respondent chooses not to submit a Response via Euna Procurement, the Response must be mailed or delivered in a sealed envelope with the RFP number clearly displayed on the outside of the envelope.

1. Respondent must submit one original proposal response with cost information and a copy of the original response without cost information. Clearly label each response accordingly as

“original” and “copy”. Label and index binders with appropriate section and sub-section numbers as referred to herein. Number each page individually and provide a table of contents.

and

2. Electronic Media Submission Requirements: Submit one flash drive complete with proposal response and cost information. Submit a second complete electronic version without cost information. Both electronic versions are to be submitted in either Microsoft Word or Adobe PDF. Submit as a single file as opposed to multiple files copied to the flash drive. Please affix a label to the flash drive which clearly identifies the name of the responding firm.

4.1 General Submittal Information: Respondent shall complete the following forms and submit the completed forms as part of its proposal. Forms are available as individual attachments in Euna Procurement.

a. Submittal Form

b. Disclosure Form

c. Customer References

d. Supplier Federal 2 CFR 200 Certifications Form

e. Supplier Application/Update Form

f. W-9

g. Supplier Contact List Designation Form

4.2 Respondent Experience and Personnel: The Respondent must include in the proposal a description of its company, including the organization’s experience and history with providing services to similar organizations. The Respondent shall provide the following information:

a. Historical background on individual or firm making proposal.

b. Description of the division of Respondent’s firm that provides these services.

c. List of individuals who will manage this project and his/her professional qualifications including resumes.

4.3 Contractor and Subcontractor Listing: Submit the names, addresses, phone numbers, and applicable licenses of all firms that will provide services in conjunction with the performance of this agreement.

4.4 Loss of Agreement and/or Inability to Fulfill Requirements: If the Respondent has had an agreement terminated, or has a pending termination, or a settlement to avoid litigation or termination for default during the past five years, all such incidents must be described. Termination for default is defined as notice to stop performance due to the Respondent’s non-performance or poor performance, and the issue was either: (a) not litigated; or (b) litigated and such litigation determined the Respondent to be in default.

a. The Respondent shall submit full details of all terminations for default, settlements, or pending terminations experienced in the past five years including the other party's name, address, and telephone number. The Respondent shall also present its position on the matter. The District shall evaluate the facts and, at its sole discretion, may reject the Respondent’s response if the facts discovered indicate that completion of an agreement resulting from this RFP may be jeopardized by selection of the Respondent.

b. If the Respondent has experienced no such settlement or terminations for default in the past five years, and it has no pending terminations, it must affirmatively declare so.

4.5 Scope of Work and Technical Response: Describe the approach to be taken including, but not limited to, how the project will be organized, number and types of staff involved.

4.6 Scheduling: Provide a schedule of events that clearly indicates the time sequence for tasks that are required to perform major components of the Work. Express these tasks in daily durations, example:

survey activity five working days, etc.

4.7 Cost Appendix: Provide the following cost information on a signed and dated attachment:

a. Schedule of fees applicable to this effort to achieve the desired results. Itemize costs as related to significant events that are identified in the Respondent’s schedule and indicate a grand total.

Costs must include all materials, supplies, etc., to accomplish Work.

b. If applicable, all equipage, parts, etc. are to be included F.O.B. destination and freight shall be included in the price of the item.

c. Rate chart applicable for potential expansion of Work.

d. Non-local firms are to indicate estimated travel expenses applicable to this effort.

e. Respondent must provide an hourly and/or daily rate for future services.

f. Define unit of measure, as applicable.

4.8 Verbal Presentation/Oral Interviews: The District reserves the right to require any or all Respondent(s) to either make a presentation that illustrates its abilities relative to this effort and/or attend an interview session to gauge its suitability to provide services for this project. If so requested, the Respondent(s) shall make its personnel available within ten calendar days of request. No cost allowance shall be permitted for this requirement.

4.9 Additional Information: Respondent(s) may provide additional information that is relevant to this proposal for consideration. Additional information response shall be limited to two pages or less.

Part 5: Scope of Work and Technical Requirements

5.1 General: The District is committed to strengthening mathematics instruction to ensure all students are prepared for Algebra I and subsequent high school coursework. To support this goal, the District seeks professional learning services that include a comprehensive catalog of high-quality, standards-aligned instructional video resources to enhance teacher content knowledge and instructional capacity in Grades 6–8 mathematics.

The professional learning services shall directly address existing gaps in teacher content knowledge through standards-aligned, concept-focused professional learning resources that are scalable, consistent, and job-embedded for mathematics standards for Grades 3–8. These services shall support teachers in effectively teaching, representing, and communicating mathematical concepts, build instructional coherence across middle school classrooms, promote consistent expectations for rigor, and drive continuous improvement in middle school mathematics teaching and learning that ultimately leads to improved student achievement.

5.2 Purpose: The District is seeking to pre-qualify organizations with a demonstrated record of success in delivering video-based mathematics professional learning that increases teacher content knowledge and educator effectiveness at scale. Selected Respondent(s) shall provide a comprehensive professional learning video catalog designed specifically to strengthen teachers’ conceptual understanding of Kindergarten through Grade 8 mathematics and their ability to deliver high-quality Tier I instruction.

All professional learning content must be explicitly aligned to the Nevada Academic Content Standards (NVACS) and focus on conceptual understanding over procedural instruction, instructional strategies such as scaffolding, differentiation, and clarity of explanation.

Respondents must demonstrate evidence that their professional learning videos have been effectively implemented in large school systems and have resulted in measurable improvements in educator effectiveness or instructional practice for student achievement.

The District may select one or more Respondents to be included on a pre-approved list. When a need arises, District staff may engage an approved Supplier to define specific requirements, timelines, and desired outcomes. The District is not required to solicit quotes from multiple approved Suppliers.

5.3 Existing District Equipment and Systems: The following information is provided as an overview of the District’s current technology platform. The proposed program in its current state shall be able to interface and work in harmony with the existing District infrastructure, which is defined below.

The District's technology infrastructure is built upon a Gigabit Ethernet (Gbe) wide area network (WAN) serving 376 schools and all administrative offices. The District supports over 100,000 desktop and notebook computers, 350,000 Chromebooks, and nearly 700 file servers in various physical, virtual, or cloud hosted configurations. File and print services are provided for all schools and administrative offices with Microsoft Windows servers utilizing Microsoft Active Directory for authentication. All classrooms support one-to-one connectivity over a combination of wired and Wi-Fi connections. The typical Local Area Network (LAN) infrastructure is 100MB Ethernet to the desktop and utilizes Wi-Fi versions 5 or 6.

District schools and offices share 80 Gbps access to the Internet.

The District uses Google Workspace for Education as a collaborative environment. All staff and students have access to Google. Educators may be participating through a distance learning model and working from home using various internet connectivity options such as cable modems or hotspots.

5.4 Program Overview

The professional learning services described here are intended to support Grades 6–8 mathematics teachers, instructional leaders, and administrators through the implementation of an on-demand standards-aligned professional learning video platform. The selected Respondent shall provide not only access to high-quality professional learning content, but also comprehensive implementation and support services to ensure successful Districtwide implementation, sustained use, and measurable impact.

The Respondent must demonstrate the capacity to partner with the District in the planning, rollout, ongoing support, and continuous improvement of the professional learning program. Professional learning services must be flexible, scalable, and sustainable, and may include asynchronous, on-demand learning supported by data analytics and reporting tools. This approach aims to improve educator capacity through job-embedded learning directly tied to effective teaching practices in mathematics. The selected Respondent shall deliver both the professional learning content and the implementation support necessary to ensure effective adoption and sustained use with the potential to add additional grade levels in the future.

5.4.1 General Requirements: The Respondent shall provide a digital catalog of professional learning videos that:

a. Are explicitly aligned to Nevada Academic Content Standards for Mathematics for Kindergarten through Grade 8.

b. Are organized and searchable by grade level, course, and mathematical standard

c. Model effective instructional practices, including:

i. Conceptual explanations of mathematical ideas,

ii. Multiple representations (visual, symbolic, numeric, verbal),

iii. Anticipation and addressing of common misconceptions, and

iv. Instructional strategies that support rigor, coherence, and focus

d. Are concise, instructionally focused, and designed for use through individual teacher study and ongoing job-embedded professional learning.

e. Asynchronous, on-demand video learning.

f. Structured learning pathways or playlists aligned to District priorities

g. Integration into PLCs, coaching cycles, and instructional leadership structures.

h. Support differentiated professional learning for new teachers, experienced teachers, teachers new to the District, as well as Instructional leaders and administrators.

5.4.2 Professional Learning Diagnostic: To ensure professional learning is targeted and responsive, the Respondent shall provide a standards-aligned diagnostic mechanism that captures teacher confidence, understanding, and instructional needs in teaching mathematics.

The mechanism shall:

a. Allow teachers to self-report confidence and understanding by standard or concept.

b. Generate school- and District-level data to identify trends and priority areas.

c. Inform targeted professional learning pathways within the video catalog.

5.4.3 Usage Tracking and Analytics: The professional learning platform must include robust tracking and reporting features that allow the District to:

a. Monitor teacher engagement and usage of video resources.

b. Track completion rates, frequency of access, and duration of use.

c. Disaggregate data by school, grade level, course, or role.

d. Generate reports that support evaluation of participation, implementation, and return on investment.

e. Identify teacher gaps in mathematics content knowledge and instructional understanding.

f. Provide diagnostic insights through self-assessments, embedded checks for understanding, or data-informed recommendations.

g. Recommend targeted video content or learning pathways aligned to identified needs.

h. Allows District leaders to analyze trends across schools, grade bands, or courses to inform professional learning planning.

i. Be accessible asynchronously and designed for individual teacher learning, PLC use, coaching conversations, and District-led professional learning structures.

5.4.4 Impact Measurement and Reporting: Respondents shall describe how their platform supports measurement of professional learning impact, including:

a. Monitor teacher engagement and usage of video resources.

b. Connections between professional learning usage and instructional practice.

c. Tools or frameworks for linking teacher learning to classroom implementation.

d. Reporting structures that allow the District to evaluate effectiveness over time.

5.4.5 District Alignment and Integration: The Respondent shall partner with the District mathematics leadership to design and implement a structured rollout plan that supports effective Districtwide adoption Implementation support shall include:

a. Initial planning meetings to align program goals, timelines, and success criteria.

b. Support for District-led baseline data collection using the diagnostic tool.

c. Onboarding resources for teachers, instructional leaders, and District staff.

d. Recorded and reusable implementation materials to support ongoing access and new hires.

e. Reporting structures that allow the District to evaluate effectiveness over time.

f. Align with District mathematics initiatives, instructional resources, and strategic priorities.

g. Support Nevada Academic Content Standards for Mathematics

h. Connect, where applicable, to the Nevada Educator Performance Framework

(NEPF).

5.4.6 District and Regional Support: The Respondent shall provide the District sustained support throughout the contract period, including:

a. A designated implementation or account manager.

b. Technical and user support with a guaranteed response time.

c. Training for District and school leaders on interpreting diagnostic and usage data

d. Guidance on integrating professional learning videos into PLCs, coaching cycles, and summer institutes.

e. Analyze participation trends to inform professional learning planning.

f. Generate reports to evaluate usage, implementation fidelity, and return on investment.

5.4.7 System Integration Requirements: The Respondent’s system shall: be, consist of, support, and/or provide the following:

a. Capable of using the District standard username for educators (prior to the “@” sign in student CCSD email addresses) as the unique staff identifiers. Currently, the District standard username for staff consists of the staff’s last name (up to 5 letters), followed by the first initials of the staff’s first name and middle name, followed by a unique identifying number when necessary.

b. Single sign-on with Clever is required.

c. Support batch upload of users from .txt, .csv, .xls, and/or .xlsx file formats for rostering staff at the district level. Batch uploading shall be available as needed.

d. Web-based, digital content.

e. System capacity must support a minimum of 2,000 concurrent users with a response time of no more than three seconds.

f. Include an online platform for the administration of progress monitoring tools and data reporting.

5.5 Expected Outcomes: The District anticipates the following outcomes from this professional learning initiative:

a. Improved teacher content knowledge and instructional confidence in mathematics.

b. Reduced reliance on procedural teaching in favor of conceptual understanding.

c. Increased consistency and quality of mathematics instruction across classrooms.

d. Greater alignment to standards-based instructional practices.

e. Increased teacher engagement in professional learning.

f. Actionable data to inform professional learning decisions.

g. Improved student understanding and achievement in mathematics.

5.6 Program Description: Submittals shall include descriptions of the professional learning programs being offered including, but not limited to:

a. Description of the professional learning video platform and content catalog.

b. Methods of delivery and access.

c. Timeline for implementation.

d. Description of diagnostic, tracking, and reporting tools.

e. Examples of reports available to District leaders.

f. Support services available (help desk, training, onboarding, ongoing support).

g. Resumes or qualifications of key personnel involved in content development.

h. Evidence of scalability and long-term sustainability.

5.7 Experience/Program Effectiveness: Details of Respondent’s experience performing this type of professional learning in large school systems.

a. Experience providing mathematics professional learning to large school systems.

b. Evidence of effectiveness and impact on instructional practice.

c. Research base supporting the approach to mathematics professional learning.

d. References from school systems of similar size and scope.

Part 6: Proposal Evaluation and Award

6.1 Proposal Evaluation: To determine its accuracy, the District may investigate the information supplied by Respondents. By supplying a reference or customer list, the Respondent gives the District permission to contact any or all firms listed for information about the Respondent and understands that such information may be used in the evaluation.

An evaluation committee will review the proposals and determine the best proposal based on evaluation criteria such as:

a. Respondent’s experience and success in conducting similar Work.

b. Adequacy of resources, including personnel, facilities, equipment, financial stability, and other related factors.

c. Technical approach and the Respondent’s grasp of the project as shown by the depth, breadth, and clarity of the proposal.

d. Management and planning: The quality of procedures and organizational structures proposed for completion of the Work.

e. Timeliness of services.

f. Cost.

g. Ability and willingness to transact purchase orders and invoices on SAP Business Network

(Ariba)

h. Other as permitted by NRS 332.065.

6.2 Rejection of Proposals: The District reserves the right to reject any and all proposals received, or any part thereof. Proposals may be rejected for any of, but not limited to, the following causes:

a. Proposal lacks signature by an authorized representative of the Respondent.

b. Failure to submit the proposal response prior to the specified opening date and time.

c. Failure to submit bonding, or surety as required by the proposal document.

d. Evidence of collusion among Respondents.

e. Failure to meet the terms and conditions as specified in the Request for Proposal document.

f. The evidence submitted by the Respondent leads the District to believe that the Respondent will be unable to carry out the obligations of the Agreement and complete the Work described.

g. The District's investigation determines that the Respondent is not qualified to meet obligations of the Agreement and complete the Work described.

h. Cost of services exceeds budgetary constraints.

6.3 Proposal Negotiations: Respondents are directed to submit its best and final cost offer in its response. The District may, at its sole option, open negotiations with responsive Respondents after submission of proposals and prior to award. The District specifically reserves the right to award without negotiations based upon written proposals only.

6.4 Method of Award: The District reserves the right to waive any minor informalities or irregularities in proposals and/or Agreements in the District's best interests. The District reserves the right to award an Agreement on the basis of individual Scope of Work elements, or groups of elements, or all elements to a single Supplier. Taking into consideration the specified evaluation criteria, the District will select the Respondents whose proposal is most advantageous to the District. Contractual commitments are contingent upon the availability of funds as evidenced by the issuance of a purchase order. All Agreements are subject to the approval of the District's legal counsel and the Board of Trustees prior to execution. Once awarded, the Agreement will be the final expression of the Agreement between the parties and may not be altered, changed, or amended except by mutual Agreement, in writing.

6.5 Protests: Any Respondent who is allegedly aggrieved in connection with the solicitation or the award recommendation may protest. The protest must be submitted in writing to the Director of Purchasing and Warehousing, within seven calendar days after the recommendation has been made to the public by posting the recommendation on Euna Procurement (formerly named Bonfire). The following criteria must be observed.

a. Protest letter(s) shall be addressed to the Office of the Director of Purchasing and Warehousing and must be sent via Certified U.S. Mail, FedEx, or other means directly to 4212 Eucalyptus Avenue, Bldg. #7, Las Vegas, NV 89121. The protest letter shall also be sent via facsimile to

(702) 799-5018.

b. All criteria for the protest must be in writing and disclosed in the protest letter.

c. An impartial Purchasing Administrator will issue a written response which will be sent to the Protestor prior to any additional action taking place on the award recommendation.

d. If the Protestor wishes to appeal the decision rendered by the impartial Purchasing Administrator it may do so by submitting a letter to the Director of Purchasing and Warehousing (following the initial criteria), which succinctly states why it believes the initial decision was erroneous. The appeal must be submitted at least three full calendar days prior to the scheduled Board meeting.

e. The Director of Purchasing and Warehousing shall examine the merits of the protest and may either schedule a meeting with the Protestor and/or issue a written response declaring whether or not the protest will be upheld, or if the recommendation shall be presented to the Board of School Trustees for its consideration. If this response cannot be sent prior to the scheduled Board meeting, the Director shall postpone presenting the recommendation to the Board.

The decision of the Board shall be final. The Board need not consider protests unless this procedure is followed. A protest lodged after award by the Board of Trustees shall not be considered.

Part 7: Special Conditions

7.1 Bid Security: This section intentionally omitted.

7.2 Performance Bond: This section intentionally omitted.

7.3 Expenses: In the event that the District agrees to pay for any of the Supplier’s expenses directly related to this Work, the following parameters shall apply: no overhead, and/or profit shall be permitted.

Supplier shall only receive reimbursement in amounts that are consistent with applicable travel guidelines established by the District policy, regulations, and procedures for its own employees and Suppliers. Reports of expenses shall be submitted on an approved form along with invoices for all itemized charges.

7.4 Insurance: The Supplier shall be responsible for maintaining insurance coverage in force for the life of the Agreement. The insurance company(ies) must have an A.M. Best rating of A- VI or better and be licensed to write such insurance in the State of Nevada. Prior to commencement of services, provide the District adequate insurance documents confirming coverage. The insurance carrier shall give the District a thirty day written advance notice of any termination, expiration, or any and all changes in coverage.

Deductibles and self-insurance retentions shall be declared in the Insurance documents. All deductibles and retentions are the sole responsibility of the Supplier to pay.

Insurance documents shall verify the following coverages:

a. Statutory Workers Compensation, and Employers Liability, with limits no less than $1 million, and providing Clark County School District with a waiver of subrogation.

b. Commercial General Liability Insurance, including contractual liability in accordance with the indemnification requirements in paragraph 8.15, and including bodily injury, personal injury, and property damage, with limits of at least $1,000,000 per occurrence. Coverage shall be Primary and Non-contributory. The general liability insurance shall name the Clark County School District as an additional insured and extend to Products/Completed Operations in addition to Ongoing work.

c. Professional Liability (Errors and Omissions) with minimum limits of at least $1,000,000 per occurrence. The insurance required above may be provided under primary policies or by a combination of primary and excess policies.

d. Commercial Automobile Liability Insurance, in accordance with the indemnification requirements in paragraph 8.15, and including passenger liability, with limits of at least $1,000,000 per occurrence. Coverage shall extend to all Owned, Non-Owned or Hired Auto.

e. Cyber Liability with minimum amounts of at least $1,000,000 per occurrence for claims involving privacy violations, information theft, intentional and/or unintentional release and/or extortion.

Reference your insurance documents to the Clark County School District, Attention: Purchasing Department, 4212 Eucalyptus Avenue, Bldg. #7, Las Vegas, NV 89121, and indicate the project name and RFP number.

7.5 Penalties for Untimely Performance: Untimely performance is defined as the late completion and delivery of any deliverable identified in this RFP. The final negotiated schedule shall be the barometer for measuring timely performance. The District reserves the right to deduct an amount not to exceed 1% per day of the lump sum cost of any deliverable after the Work becomes late by five calendar days.

7.6 Price Changes: Prices shall be fixed for the first and second contract years. Thereafter, commencing on the anniversary date of the third contract year, the District may adjust the rates by using the Bureau of Labor Statistics Consumer Price Index – Urban Wage Earners and Clerical Workers for the west urban area, all items (Based period 1982-84=100) for the previous year, providing the Supplier has complied with the terms and conditions of the contract and has brought forth a proper written request.

7.7 Term of Agreement: The initial term of this agreement shall be for one year. Thereafter the District reserves the right to continue the life of the contract period by up to six one-year periods if the contract is performed to the District’s satisfaction.

7.8 Vested Interest: The Supplier(s) chosen for this Work cannot receive any benefits (directly or indirectly), or be party to other agreements that may emanate from recommendations, contracting actions, and or activities related to this effort. The only benefit that the Supplier can derive from this project is payment for the identified Scope of Work and optional tasks contained herein including identified deliverables in the Supplier’s initial proposal response and subsequent additions to the Scope of Work authorized by the District.

7.9 Warranty: Supplier warrants that the Work shall be performed with the degree of skill, care, and judgment customarily accepted as sound and quality practice and procedure. Supplier further warrants that the Work fulfills the requirements and intent of the entire contractual Agreement inclusive of the Supplier’s proposal response. If the Work fails to meet the aforementioned criteria and/or is in the judgment of the District to be inadequate, the Supplier shall re-perform the Work or portion that is unsatisfactory. The Supplier shall be liable for all costs and expenses incurred in the performance of corrective work and services, inclusive of travel, per diem, etc. The District agrees to meet with the Supplier (if requested) on an as-needed basis to monitor the effectiveness of ongoing Work and notify the Supplier of deficiencies within a reasonable time of discovery.

Part 8: General Conditions

8.0 Applicable Law, Jurisdiction and Venue: Any agreement resulting from this proposal shall be construed and interpreted according to the laws of the State of Nevada. The venue of any action brought hereunder shall be Clark County, Nevada.

8.1 Assignment of Contractual Rights: The Supplier shall not assign, transfer, convey, or otherwise dispose of the contract or its right, title, or interest in, or to the same, or any part thereof, without previous written consent of the District and any sureties.

8.2 Attorneys’ Fees: The parties agree that in the event of a dispute, each party will bear its own costs of litigation and attorneys’ fees.

8.3 Compliance with FERPA: In the event that the District shares education records with the Supplier, the following provision shall apply. Supplier is a contractor or outside service provider with whom the District has outsourced institutional services or functions that it would otherwise use employees to perform. For purposes of the Family Educational Rights and Privacy Act (FERPA), Supplier constitutes a school official with a legitimate educational interest in obtaining access to education records, and will only have access to those particular education records in which they have a legitimate educational interest.

Supplier shall be under the direct control of the District with respect to the maintenance and use of personally identifiable information from education records provided under this Agreement. Supplier is subject to the same conditions on the use and re-disclosure of personally identifiable information from education records that govern other school officials, including 34 C.F.R. § 99.33 and the requirements established by the District.

8.4 Compliance with Applicable Laws: Supplier shall comply with OSHA, EPA, HIPAA, and all other applicable Federal, State, local statutes, laws, ordinances codes, order rules, regulations, proclamations, and other governmental requirements relative to conducting business with the District; all the aforementioned provisions are incorporated by reference. The laws of the State of Nevada shall govern as to the interpretation, validity, and effect of this proposal, its award, and the execution of this contract.

8.4.1 Compliance with District Regulations: Supplier shall comply with all District policies and regulations; these requirements are incorporated by reference.

8.5 Confidential Treatment of Information: In the event the Supplier is furnished with or otherwise has access to confidential District information, while fulfilling its responsibilities under the terms of this agreement, the Supplier shall agree to hold such information in strict confidence and shall take all reasonable precautions to maintain the confidentiality of the information. The Supplier shall exercise the same degree of care and protection that would be exercised with respect to its own confidential information. The Supplier shall only use and access confidential information as necessary to fulfill its obligations under this contract. The Supplier shall not directly or indirectly disclose, sell, copy, distribute, reproduce, transfer, display, modify, create derivative works from, demonstrate, or allow any third party to have access to any of the District’s confidential information which may include, but not be limited to:

student academic records, student medical records, student photographs, budgetary information, etc.

8.6 Conflict Of Interest/Nepotism: Pursuant to District Regulation 3312, the District shall not enter into a purchase transaction for any amount with any person related within the third degree of consanguinity or affinity to a member of the Board of School Trustees, or to a person acting as the authorizing official for the District, except as fully disclosed and authorized in advance. Authorizing official is being defined for this purpose as the person who has final authority to administer budgets, or his/her designee.

The Supplier must disclose any relationship or affinity with a member of the Board of School Trustees or an authorizing official in writing to an Administrator of the Purchasing Department prior to executing this contract. Failure to properly disclose a relationship will result in termination of the contract and may jeopardize the Supplier’s future business dealings/opportunities with the District.

8.7 Contract Extension: The District reserves the right to extend this contract for up to 90 calendar days from its expiration date for any reason.

8.8 Covenant: The Respondent covenants that it presently has no interest and that it will not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Further, the Respondent covenants, to its knowledge and ability, that in performance of said services no person having any such interest shall be employed.

8.9 Dispute Resolution:

Mediation: In the event of a dispute the District’s Purchasing Department will schedule a meeting with the Supplier to attempt to mediate and resolve any outstanding claims or disputes prior to initiating a request for arbitration (or commencing litigation). If through good faith efforts the matter is not resolved within fourteen (14) working days after the scheduled meeting, the parties may agree to continue mediation or may decide to proceed with the formal resolution process set forth herein.

Formal Dispute: In the event that mediation is unsuccessful, the controversy or claim arising out of or related to the Agreement, or the breach thereof, shall be settled by arbitration, unless the District, at its sole option, rejects arbitration by so notifying the Supplier. If the District rejects arbitration, the Supplier shall have thirty (30) days from the date of receipt of the notice of rejection to commence litigation(s) by the service of a summons and complaint upon the District. Failure to effect service upon the District within said time period shall act as a bar to litigation of the claim, which was the subject of the request for arbitration. If the matter is arbitrated, the rules of the American Arbitration Association shall apply.

Judgment on such awards may be entered by Nevada courts. The parties agree that no attorneys’ fees may be awarded by any arbitrator to any party or sub-tier party that arise out of or relate to any and all claims and other disputes pertaining to the Agreement (in any case).

8.10 Federal Funding: In the event federal funds are used for payment of all or part of this agreement:

Supplier certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, in receipt of a notice of proposed debarment, or voluntarily excluded from participation in this transaction by any federal department or agency. This certification is made pursuant to the regulations implementing Executive Order 12549, Debarment and Suspension, 28 C.F.R. pt. 67,§ 67.510, as published at pt. VII of the May 26, 1988, Federal Register (pp.

19160-19211), and any relevant program-specific regulations. This provision shall be required of every subcontractor receiving any payment in whole or in part from federal funds. Supplier agrees to provide immediate notice to the District’s Purchasing Department in the event of being suspended, debarred, or declared ineligible by any Federal department or agency, or upon receipt of a notice of proposed debarment during the term of this contract.

8.11 Force Majeure: Neither party shall be liable for failure or delay in performance under any Agreement anticipated by this order due in whole or in part to an act of God, strike, lockout or other labor dispute, civil commotion, sabotage, fire, flood, explosion, pandemic, epidemic, acts of any government, unforeseen shortages or unavailability of fuel, power, transportation, raw materials or supplies, inability to obtain or delay in obtaining governmental approvals, permits, licenses or allocations, and any other causes which are not within such party’s reasonable control, whether or not the kind specifically enumerated above. During any period of Supplier’s inability to perform, the District may acquire from others, without incurring liability to Supplier, said goods or services.

8.12 Gratuities: In accordance with District Policy 3316, District employees are prohibited from accepting any gratuity (including food or beverages) from Suppliers or prospective Suppliers.

8.13 Headings: Paragraph/section headings, numbers, and alphabetical designations have been inserted for convenience of reference only. If there is any conflict between any such designations and the text of this agreement, the text shall take precedence.

8.14 Inconsistencies in Conditions: In the event there are inconsistencies between the specifications, Scope of Work, and the boilerplate proposal terms or conditions, (excepting Special Conditions) contained herein, the proposal terms and conditions will take precedence.

8.15 Indemnification: The Supplier agrees to protect, defend, indemnify, and hold harmless the District, and its officers and its employees, from and against any and all liability, claims, demands, and expenses, including court costs and attorney fees, which arise out of or are attributable to the work to be performed under this Agreement.

a. Subject to NRS Chapter 41, and other applicable law, the District agrees to indemnify, and hold the Supplier, its officers, and its employees harmless from and against any liability, claims, demands, and expenses, including court costs, and attorney fees, on account of any injury, loss, or damage which arises out of the work performed under this Agreement, if such injury, loss, or damage is due to the negligence of any officer or employee of the District.

b. The obligation of this section shall not apply to damages for which the District is/shall become liable by final judgment to pay to a third party. Nothing herein shall constitute a waiver by the District of any rights and privileges under any governmental immunity act or related statute.

8.16 Installation: If required by the RFP documents, minimally the Supplier shall be responsible for performing installation startup and commissioning services, including the removal of all residual packing or shipping materials. If requested, an authorized factory representative for the Supplier shall be present during installation at no charge to the District.

8.17 Intellectual Property: Any drawings, written reports or other works made by the Supplier shall be considered works for hire and become the property of the District. Any such works shall not be stamped with the Supplier’s proprietary markings.

8.18 Invoice Audits: The Supplier shall provide to the District, within 14 calendar days of request, a report to validate that the price(s) charged are in accordance with the proposal price(s). The report shall be provided in the format specified by the District.