9-1-RFP 26014MLD School Bus Stop-Arm Camera.doc

Clark County School District

Las Vegas, Nevada School Bus Stop-Arm Camera

RFP 26014MLD

This RFP consists of 26 pages

Revision Date August 19, 2025 RFP due date: October 2, 2025 at 1:00 p.m.

Questions due by: September 11, 2025

Table of Contents

RFP 26014MLD

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

Attachment A – Functionality and Features Matrix Part 1: Overview of Project The Clark County School District, herein referred to as District, is accepting proposals from highly qualified and experienced firms, for the provision and ongoing support of a camera system to detect and record school bus stop-arm violators for the purpose of issuing and adjudicating stop-arm traffic citations.

Part 2: Interpretation

All questions about this Request for Proposal must be submitted electronically Euna Procurement (formerly named Bonfire)) at https://ccsd.bonfirehub.com on or before the required due date. Answers to the questions will be provided to all Plan Holders of the RFP in Euna Procurement in accordance with the RFP schedule of events.

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:

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:

4212 Eucalyptus Avenue, Bldg. #7

Las Vegas, NV 89121 For: School Bus Stop-Arm Camera

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 labelled Appendix A:

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. Revenue sharing proposals shall be based on gross revenues and shall include pricing for all materials and/or services not covered under the revenue sharing agreement.

c. Respondents may submit multiple pricing options on individual cost attachments.

d. 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.

e. Rate chart applicable for potential expansion of Work.

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

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

h. 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 Clark County School District, herein District, is requesting proposals from highly qualified and experienced firms, for the provision and ongoing support of a camera system to detect and record school bus stop-arm violators for the purpose of issuing and adjudicating stop-arm traffic citations.

5.2 Scope: Currently the District owns and operates 1,886 buses operating out of five bus yards throughout the Vegas Valley and transports 123,766 eligible students daily to 373 schools in Clark County Nevada, which is 8,009 square miles. Of these students, approximately 12,000 have special needs and are transported directly to and from their residence. The District services 35,796 bus stops and has 1,441 drivers assigned to 1,501 routes. The District operates a three tier bell schedule. In addition, the District services approximately 11,000 after-school activities, athletics, and field trips. District buses travel over 31.8 million miles annually.

During a recent stop-arm camera pilot utilizing 30 general education buses, the number of potential violations noted averaged approximately four violations per bus per day.

5.3 Provision of a Complete and Operational System: The Supplier shall furnish a “turn-key” System that is completely operational, whether or not all items, services, functionalities and/or tasks that are required to meet the intent and requirements of this RFP are specified. Accordingly, the Supplier shall identify and provide pricing for all the aforementioned items that are required to support this Agreement. No cost or time allowances shall be permitted for items not specified by the District and/or are omitted by the Respondent’s RFP offering. The District intends for District Police to issue and monitor collection of all citations.

5.4 Implementation: Respondent shall provide a proposed implementation plan with clear deliverables and milestones from hardware installation through training and go-live. Final details will be negotiated with the Supplier prior to contract execution.

5.5 Supplier Responsibilities:

a. Provide and install camera systems, which includes above ground detection devices.

b. Provide and install housings, wirings and infrastructure as needed.

c. Provide onsite or locally based personnel to maintain camera system hardware.

d. Provide maintenance of the transmission system that transmits information from the camera systems to the system software.

e. Provide regularly scheduled maintenance, in addition to normal maintenance and emergency maintenance of the camera systems.

f. Provide as-built drawings after installation to include field modifications.

g. Warrant and fully maintain all equipment provided throughout the duration of the contract.

h. Provide training for District Police in the use of the system in order for District Police to issue citations.

i. Provide software that will allow District police to monitor performance of the system.

j. Provide reporting capabilities to track number of camera “hits”, citations issued off of such hits, revenue generated, and other key statistics as determined by the District.

k. Provide expert witness testimony as needed in Court confirming the functionality and accuracy of the system.

l. Adhere to data privacy and retention requirements as outlined in Nevada Revised Statutes.

m. Agree that all data (including images) collected is property of the District.

n. Upon termination of this Agreement, Supplier will be responsible for the removal of all hardware from District buses and property.

5.6 System Functionality and Features: Attachment A indicates the functionality and capabilities (Requirements) that the District requires. Respondents shall complete the matrix and designate (for each Requirement – Yes or No) whether or not it is available and operating in its existing version used by other customers. If a specific Requirement is not currently available, but there is a guaranteed date that it will be made part of a standard release, the date shall be indicated in the matrix next to the “No” response. List any additional related features and functionalities (in the matrix) that are not specified in this proposal for the District’s consideration. The Respondent shall also attach its System’s specification to Attachment A and label it accordingly. The District reserves the right to consider additional features, or lack thereof, in its evaluation.

5.7 Additional Submittal Information: Respondent shall submit the following information in its proposal response:

i. List all assumptions made in preparing this proposal.

ii. A recommendation for all required hardware to support the Respondent’s SaaS System and accomplish all the identified goals and objectives set forth in this proposal. Recommendations shall include optimal hardware specifications for all major components and projected itemized cost for the recommended equipment.

5.8 Reporting Requirements: The System shall be able to generate reports based upon stored data, and format them in all of the following formats Excel, CSV, and PDF, as prompted. Reports will be deliverable to specified email addresses.

a. Describe the System’s reporting ability.

b. Provide a list of reports that can be generated be the District’s users.

5.9 Software/Network Requirements: System shall:

a. Be capable of integrating with Microsoft Entra ID.

b. Comply/meet the School Interoperability Framework standards.

c. Utilize software, hardware, and associated licensing that is compatible with the District’s technology standards inclusive, but not limited to: standards for desk and lap top computers (Windows and Mac), servers, and Local/Wide Area Network equipment.

d. Be fully compatible with all modern Internet browsers, including but not exclusive to: Google Chrome, Firefox, Microsoft Edge, and Safari when using default installation settings and without additional system hardware or software components required on District devices.

e. Suggested System components requiring network connection shall be capable of using either hard wired or wireless connectivity.

5.10 Training: Provide training to District Police staff and respective IT staff on System operation to meet the requirements of the Competency-Based Training requirements specified herein. The Supplier is required to provide training for approximately 20 District employees who will be using the System. Training should not commence until the System is completely installed and fully functional. All initial training must be delivered via in person sessions prior to the “go-live” date. The District will provide the training site and access to standard equipment (i.e. projectors). Training shall include all necessary tasks (i.e. accessing potential violations, determination of citation viability, etc.) to use the System as defined herein. The Supplier shall provide Post “go-live,” training materials, including videos as needed by the District for no additional cost.

All training shall be "competency-based” which ensures that the majority of the end users are completely able to use the full functionality of the System, in alignment with their job responsibilities and that District technicians can perform the necessary duties to properly operate, maintain, and use the System as required and intended by this RFP. Neither the number of times that training is offered nor the length of a training activity shall signify that training is complete. Training shall continue until appropriate levels of competency have been adequately displayed by District personnel.

a. Training and ongoing support must be accessible in both synchronous and asynchronous settings.

b. Materials will be provided in hard copy and be made available online throughout the duration of this Agreement.

5.11 Training Questions:

a. Please describe in detail the proposed training plan to meet these requirements, including any additional components necessary to fulfill the intent of this RFP.

b. If recommending a “train-the-trainer” model, outline the experience and skillset required of the District’s trainers and explain why this approach will be effective.

c. Describe the approach to providing ongoing training and support after the initial implementation, including updates to templates, guides, manuals, how-to videos, tutorials, and other resources to ensure the System remains up-to-date and effective.

d. If a “train-the-trainer” approach is proposed for post-go-live training, detail the follow-on support that will be provided to ensure the program’s success and acceptance by users.

5.12 Project Management Processes and Requirements:

a. Supplier’s Project Manager: As required by Part 10.1 b. of this RFP, the Supplier shall provide the services of a Project Manager who will be assigned to this effort for the duration the implementation and System commissioning processes. The Project Manager shall be the Supplier’s single point of contact. The Project Manager shall ensure that response times are met, provide progress reports, address all hardware, technical support, and contractual issues, and participate in project meetings with District’s Project Manager and other District staff as needed.

i. The Project Manager shall provide and manage the overall project structure, ensure staffing levels are maintained, manage the day-to-day execution of the plans toward System go-live and System acceptance.

ii. Progress meetings (by phone, face to face, or web conferencing) are required by this contract. The Supplier’s Project Manager shall attend a kick-off meeting and provide weekly progress reports to the District’s Project Manager, Transportation staff and others as designated.

iii. The Project Manager shall develop and provide a project plan for implementing the proposed solution and proposed services. It shall reflect the knowledge, experience, and recommended scope of work; and demonstrate an understanding of the complexities of implementing the proposed solution into an environment similar to that of the District. It shall contemplate major activities/milestones (i.e. requirements gathering, data conversion/migration) which tie into and support progress payments.

iv. Respondent shall provide dedicated on-site training and technical System experts to assist District staff with support and troubleshooting during the installation and during the go-live phase following installation/commissioning of the System.

b. Non-Performance of Personnel: The District reserves the right to require that Supplier employees determined unqualified or unprofessional in performance of duties or in conduct be replaced. In the event that the District is dissatisfied with Supplier’s employee abilities, expertise, or professionalism, the District Chief of Police or his/her Project Manager may require the employee be removed from District premises and be prohibited to continue working on the project.

c. Right to Replace or Reject Supplier/s Personnel: Supplier replacement personnel must have qualifications equal to or greater than that of the non-performing person initially proposed and evaluated and accepted in the Contract. Through the life of the Contract term the District reserves the right to review and approve/reject any replacement personnel.

5.13 District’s Project Manager: The District shall appoint a Project Manager who shall:

a. Provide direction to District project staff and coordinate communications throughout the District.

b. Resolve deviations and changes from the contract caused by the District, employed vendors/suppliers, contractors, or the Supplier.

c. Communicate concerns specific to the Supplier’s performance, Supplier employees, and Supplier’s subcontractor(s).

d. Provide all assistance deemed reasonable and necessary to help the Supplier address the obligations specified herein as it relates to current District operations, documentation, required information and assistance.

e. Facilitate reasonable access to District staff, facilities (in needed) for implementation and training purposes.

f. Perform other duties consistent with industry standards.

5.14 System Acceptance Criteria: Acceptance by the District will initiate the payment cycle for the portion of the project that is successfully completed. The Respondent shall provide demonstrable milestones / deliverables for the necessary services. The below criteria indicates examples that may trigger progress payments:

a. Installation is completed and the software performs all the functions and requirements as described in the RFP and as specified in the Respondent’s proposal.

b. All facets of the provided System are operating properly.

c. District staff is able to properly utilize the System for its specified and intended purposes.

d. District staff has received necessary training.

e. Help desk support is activated and District staff is aware of procedures to obtain support.

5.14.1 System Acceptance and Final Implementation Payment: The final payment application and acceptance of the System’s implementation requires the written approval of the District’s Chief of Police.

5.15 Service level Requirements:

The Clark County School District is contracting with the Supplier to provide a service. The District shall operate the system and control the program, but the Supplier shall be responsible for maintaining the equipment, including replacement and repairs as needed.

Cameras in operation, inclusive of the Supplier’s back-office processing services, shall deliver a Monthly Prosecutable Issuance Rate of at least 90%. This average shall be measured each month across all active sites. The rate shall begin to be measured 30 days after the program’s “go live” date to accommodate necessary initial system tuning.

The definition of Prosecutable Issuance Rate shall be the sum of all violation events recorded divided into the number of violation events presented to the District for final review and approval. The sum of all violation events shall include all of the exceptions listed below including controllable and uncontrollable events. Supplier controllable exceptions include, but are not limited to, the following:

a. False camera trigger events.

b. Washed out plates/reflect sheeting.

c. Plates with plate blocker.

d. Unfocused/unreadable plate images.

e. Vehicles out of position in the first or second image.

f. Images with unmatched or missing violation event data.

g. Too late to issue citation, legal time expired.

h. Wrong plate entered.

i. Wrong vehicle identified.

j. Duplicate citation.

k. Incorrect information.

Uncontrollable Rejections; outside of the Supplier’s control:

a. Missing plate.

b. Obstructed plate.

c. Paper/Dealer plate.

d. No Connecticut MVA record found.

e. Stolen vehicle/tags.

Supplier may be considered to be in breach of contract if Supplier fails to meet its nominated Prosecutable Issuance rate for any month.

Respondent shall describe any other service level standards offered.

5.16 Problem Resolution Requirements: The Supplier shall provide the following:

a. Notification: The District shall report problems and defects with equipment and software to the Supplier by telephone, fax or email from 6:00 a.m. to 6:00 p.m. PST. For Severity Level 1 errors or defects, the District shall, in addition to any notification by any other means, notify the Supplier by telephone. Supplier shall without cost to the District resolve all errors/issues as defined herein. Historical outage reports for at least the previous year including a record of outage and downtime for the platform shall be submitted.

b. Problem Classification: The District shall make an initial nonbinding classification of each problem or defect and will report such problem or defect to Supplier based on the criteria set forth below. In the event there is a dispute between the District and the Supplier regarding the classification of a problem or defect, which is not resolved within 24 hours after the report from the District, such dispute shall be referred to each party’s management for immediate resolution.

c. Classification and Response Criteria:

Severity Level 1 Fatal: Problems that meet the following criteria:

• problems that prevent any useful work from being done;

• material problems in essential functions for which no work around exists; or • problems that cause a loss of data • any problem that permits unauthorized access to confidential information or any loss thereof.

Supplier will respond to the service request within 1 hour of receipt and will update the District at three hour intervals until the situation is resolved.

Supplier agrees to assign sufficient personnel on a 24x7 basis. A service request shall be escalated to the Supplier’s designated manager if a fix is not provided within 1 day of the receipt of the service request, at which time a current status report and estimated cure time shall be provided to the District.

Severity Level 2 Severe Impact: Problems that meet the following criteria:

• problems that disable essential functions but for which a work around exists; or

• problems that violate material specifications Supplier will respond to the service request within 8 work hours of receipt and will update the District at least every day until the situation is resolved.

Supplier agrees to assign sufficient personnel during normal business hours. A service request shall be escalated to the Supplier’s designated manager if a fix is not provided within 2 days of the receipt of the service request, at which time a current status report and estimated cure time shall be provided to the District.

Severity Level 3 Non-critical:

• problems that disable only nonessential functions

Severity Level 4 Minimal Impact:

• non-critical problems

5.17 Help Desk Requirements and Questions:

a. The Supplier shall provide comprehensive, timely and live help desk support to District management, users, and/or technical/support staff.

b. The Respondent shall describe its proposal for supporting users after the users have received their initial training and actually begun to use the new System. Describe the support plan in detail.

c. Describe how support calls are initiated, including who may place calls from the District, and the type of and number of Supplier support lines available.

d. If available, describe the online work order tracking system for System Administrator and end user issues.

e. Respondent shall describe what other support is available for end users operational and technical problems and System Administrator technical issues.

f. End user help desk support shall be available 7am-5pm PST Monday through Fridays. System Administrator support shall have expanded hours, available 7am-7pm PST Monday through Fridays.

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 deleted.

7.2 Performance Bond: This section intentionally deleted.

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 for non-revenue sharing costs 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 two years. Thereafter the District reserves the right to continue the life of the contract period by up to five 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…