Addendum 6 RFP 4.25.25.1 Childcare.pdf

David Douglas School District Learn – Grow - Thrive

Ken Richardson, Superintendent I 11300 NE Halsey Street, Portland, Oregon 97220 I Phone 503-252-2900 I Fax 503-256-52 18

RFP 4.25.25.1

REQUEST FOR PROPOSALS FOR

CHILDCARE SERVICES

ADDENDUM #6

This addendum, together with the original Request for Proposals, shall form the complete Request for Proposals. This addendum sets forth only the changes and additions, which are to be made in the original Request for Proposals. The original documents remain in full force and effect except as specifically modified in this addendum.

This addendum includes the following items:

• Clarification #1: RFP Section V.4. A Contractor requests, based on insurance and market conditions that the District accept Commercial General Liability and Sexual Molestation and Abuse insurance coverage at the stated limits on a claims-made basis rather than per occurrence as stated in the RFP.

“A cross-liability clause or separation of insureds condition must be included in all commercial general liability policies required by this Contract.” Contractor welcomes the opportunity to continue this item in discussion.

Response: The District would accept a claims made coverage as long as a tail coverage policy was also included.

• Clarification #2: Attachment C: David Douglas School District No. 40 Personal Services Contract Sections.

Section 20: Ownership of Work. A request has been made to modify the requirement that the contractor convey interest in its intellectual property to the District that the contractor can preserve its rights to its intellectual property.

The contractor seeks the provision of out-of-school time services, not works for hire. Contractor proposes to provide the requested services using its curricula and other materials it has developed for use in its programs in school districts across the country. Contractor has invested substantial resources into the development of its intellectual property and cannot agree to transfer ownership or other rights to the district or other entities. Therefore, the Contractor proposes to delete the existing text in Section 20 of Attachment C and replace it with the following:

20. Ownership of Work. All curriculum, instructional materials, and other documents and items used in the performance of the Services are the property of the Contractor and are to be treated as proprietary and confidential.

Such items shall not be used by the District for any purpose without the express written consent of the Contractor.

Response: The District understands that the successful proposer may have materials that they use that are proprietary.

Section 20 intends to convey that anything created with the District would also be subject to ownership of work.

• Clarification #3: Attachment C: David Douglas School District No. 40 Personal Services Contract Sections.

Section 35.f. (second paragraph). This section appears to refer to two different background check requirements, one conducted by a third-party background screening provider and one conducted by the Oregon Department of Education.

Because the Contractor is regulated by the Oregon Department of Education, Contractor requests that the District omit the additional third-party background check requirement because it would be redundant and add unnecessary delays and additional costs in the hiring process.

Therefore, Contractor proposed this modified version of Section 35.f. (second paragraph)/.

Section 35.f. Unsupervised Contact with Students. “Unsupervised contact with Students” means contact with students that provide the person opportunity and probability for personal communication or touch when not under direct supervision of a District employee. Contractor will ensure that Contractor, any subcontractors, and their officers, agents, and employees who will have any direct unsupervised contact with students while on District property have passed an Oregon Department of Education background check. Contractor will provide results of the screenings to District no later than 4 weeks after the start date of the Contractor’s employee. Contractor shall pay all fees assessed by Oregon Department of Education for processing the background check.

Response: The District will look into this as the intent is only one background check would be required.

• Clarification #4: Exhibit 4: Insurance. For the same reasons Contractor proposed a change to RFP Section V.4.

Contractor requests based on insurance market conditions, that the District modify Attachment C, Exhibit 4 and accept Commercial General Liability and Sexual Molestation and Abuse insurance coverage at the stated limits on a claims-made basis rather than per occurrence as stated in the RFP.

“A cross-liability clause or separation of insureds condition must be included in all commercial general liability policies required by this Contract.” Contractor welcomes the opportunity to continue this item in discussion.

Response: The District would accept a claims made coverage as long as a tail coverage policy was also included.

• Clarification #5: Attachment C – Sample Contract RFP #2.26.25.1 is listed in the footer. This should read RFP #4.25.25.1.

Addendum #6 issued May 19, 2025. Signature required below and form to be submitted with any proposals submitted.

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