ipad cases and charging stations.docx

MILLINGTON COMMUNITY SCHOOLS

REQUEST FOR PROPOSAL

FOR IPADS, PROTECTIVE CASES AND CHARGING STATIONS

January 8, 2019

TABLE OF CONTENTS

Millington Community Schools

IPADS, CASES AND CHARGING STATIONS RFP

January 2019 Millington Community Schools

SECTION 1

BACKGROUND INFORMATION

1.0 BACKGROUND INFORMATION

1.1 GENERAL

Millington Community Schools is a public school district located in Tuscola county Michigan. The district is comprised of three schools; one elementary school, one junior/senior high school, one alternative high schools.

The scope of this selection includes a new district web site and training on how to maintain the site after implementation.

1.2 PRIMARY OBJECTIVE

The District’s primary objective is to implement the use of between 105 and 130 iPads with device management and very protective cases with charging stations. Because of the dispersment of the iPads the best charging stations will fit 10 iPads.

· Meets the needs of our students

· Is commercially marketed and meets all State of Michigan and FCC requirements

· Will work in our current environment without modification on our part

SECTION 2

General Terms and Conditions

2.0 GENERAL TERMS & CONDITIONS

2.1 INTENT

It is the intent of Millington Community Schools (here after referred to as “Owner”, also as “District”) to solicit proposals from qualified vendors for 105 to 130 IPADS, CASES AND CHARGING STATIONS RFP.

2.2 DEADLINE FOR PROPOSALS

Copies of the vendor's proposal must be submitted by 10:00a.m. February 5, 2019. Copies should be submitted to:

(1) Copies to:

Matthew Lambertson Millington Community Schools 8780 Dean Drive Millington, MI 48746 Matthew.Lambertson@mcsdistrict.com

2.3 BID CLARIFICATIONS

All inquiries regarding this proposal must be written and should be faxed or e-mailed to:

Mr. Matthew Lambertson Millington Community Schools 8780 Dean Drive Millington, MI 48746 Fax: (989) 660-2445 E-mail: Matthew.Lambertson@mcsdistrict.com

2.4 CONFIDENTIAL INFORMATION

Information contained in the vendor’s proposal which is company confidential must be clearly identified in the proposal itself. The Owner will be free to use all information in the vendor's proposal for the owner’s purposes.

2.5 RIGHT TO REQUEST ADDITIONAL INFORMATION

The Owner reserves the right to request any additional information that might be deemed necessary after the completion of this document.

2.6 RIGHT OF REFUSAL

Owner reserves the right to refuse any or all proposals in their entirety, or to select certain equipment or software products from various vendor proposals, based on the best interests of the Owner.

2.7 PROPOSAL PREPARATION COSTS

The vendor is responsible for any and all costs incurred by the vendor or his/her subcontractors in responding to this request for proposal.

2.8 SYSTEM DESIGN COSTS

The successful vendor shall be responsible for all design, information gathering, and required programming to achieve a successful implementation. This cost must be included in the base bid.

2.9 PRICING ELIGIBILITY PERIOD

All vendor proposal bids are required to be offered for a term not less than 120 calendar days in duration.

2.10 ADDITIONAL CHARGES

No additional charges, other than those listed on the price breakdown sheets, shall be made. Prices quoted will include verification/coordination of order, all costs for shipping, delivery to all sites, unpacking, setup, installation, operation, testing, cleanup and training.

2.11 TURNKEY SOLUTION

All prices quoted must include all the software, related hardware, etc. that will be necessary to make the system specified fully operational for the intent, function and purposes stated herein.

2.12 FEDERAL OR STATE SALES, EXCISE, OR USE TAXES

The District is tax exempt. Do not include Federal, State, or Local taxes in your bid price.

2.13 PURCHASE QUANTITIES

The Owner reserves the right to adjust upward by two (2) times, or downward by twenty five (25%) percent, the quantities of items purchased without altering the unit purchase price upon award and throughout the contract period.

2.14 CONTRACT REQUIREMENTS

The Owner considers this RFP legally binding and will require that this Request for Proposal and the resulting Vendor Proposal be included as addenda to any subsequent contracts between the vendor(s) and the Owner. I t should be understood by the vendor(s) that this means that the Owner expects the vendor(s) to satisfy substantially all requirements and reports listed herein. Exceptions should be explicitly noted in the Vendor Proposals. Lack of exceptions explicitly noted in the Vendors Proposal will be considered acceptance of all of the specifications as presented in this RFP. This contract is dependent on Funding provided by USAC (e-rate).

Minimally, the contract must contain the following language and respective components:

A. Identification of Parties to the Agreement Clause - Both the Vendor and Owner shall be clearly identified by name. Neither of the identified parties to the Agreement shall assign or encumber any of its rights, or delegate or subcontract any of its duties defined in the Agreement, in whole or in part, to other third parties unless the other party to the Agreement gives prior written consent. Subject to the foregoing covenant against assignment and delegation, the rights created by the Agreement shall pass to the benefit of the identified party and the duties and obligations resulting from the Agreement shall bind the identified party and their respective successors and assignees.

Under no circumstances, however, shall any parties to the Agreement forfeit or cancel any right presented in the Agreement by delaying or failing to exercise the right or by not immediately and promptly notifying the other party in the event of a default. In the event that a party to the Agreement waives a right, this does not indicate a waiver of the ability of the party to, at a subsequent time, enforce the right. The payment of funds to the Vendor by Owner should in no way be interpreted as acceptance of the system or the waiver of performance requirements.

D. Term of the Agreement Clause - The term of the support agreement shall be clearly identified in the contract, but shall not be for less than one (1) year from the effective date.

E. Term and Termination Clause - In the event that either party shall fail to maintain or keep in force any of the terms and conditions of this Agreement, the aggrieved party may notify the other party in writing via certified mail of such failure and demand that the same be remedied within ten (10) business days. Should the defaulting party fail to remedy the same within said period, the other party shall thereupon have the right to terminate this Agreement by giving the other party thirty (30) days written notice. Notwithstanding the foregoing, due to lack of State or District funding, the Owner may at any time during the life of this Agreement, terminate same by giving thirty (30) days’ notice in writing via certified mail to Vendor. In addition, if at any time a voluntary petition in bankruptcy shall be filed against the Vendor and shall not be dismissed within thirty (30) days, or if the Vendor shall take advantage of any insolvency law, or if a receiver or trustee of the Vendor's property shall be appointed and such appointment shall not be vacated within thirty (30) days, the Owner shall have the right, in addition to any other rights of whatsoever nature that it may have at law or in equity, to terminate the contract by giving (30) day’s notice in writing of such termination.

F. Applicable and Governing Law Clause - The Agreement shall be subject to all laws of the Federal Government of the United States of America and to the laws of the State of Michigan. Vendor and Owner mutually agree to submit themselves solely to the jurisdiction of the courts in the County of Millington, State of Michigan with respect to suits, and other court actions arising in connection with this Agreement. All duties of either party shall be legally performable in Michigan. The applicable law for any legal disputes arising out of this contract shall be the law of (and all actions hereunder shall be brought in) the State of Michigan, and the form and venue for such disputes shall be of the appropriate Owner, county or justice court.

G. Notices Clause -All notices or communications required or permitted as a part of the Agreement shall be in writing (unless another verifiable medium is expressly authorized) and shall be deemed delivered when:

1) Actually received, or

2) Upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the party, or

3) If not actually received, 10 days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the respective other party at the address set out in the section of the Agreement titled "Identification of the Parties to the Agreement" or such other address as the party may have designated by notice or Agreement amendment to the other party, or

4) Upon delivery by the Owner of the notice to an authorized Vendor representative while at Owner site.

Consequences to be borne due to failure to receive a notice due to improper notification by the intended receiving party of a new address will be borne by the intended receiving party.

Note that if Vendor anticipates missing a due date, then Vendor must notify Owner immediately so that a mutually acceptable revised due date can be agreed to. Consequences to be borne due to failure to receive a notice due to improper notification by the intended receiving party of a new address will be borne by the intended receiving party. The addresses of the parties to this License are as follows:

8537 Gleason Street Millington, MI 48746

2.15 FREEDOM OF INFORMATION ACT

Vendor acknowledges that Owner is subject by law to responding to all FOIA requests. Vendor shall comply with the FOIA in all respects and shall not restrict or otherwise inhibit Owner from complying.

2.16 SURVIVAL CLAUSE

All duties and responsibilities of any party that, either expressly or by their nature, extend into the future, shall extend beyond and survive the end of the contract term or cancellation of this Agreement.

2.17 FORCE MAJEURE CLAUSE

Timely performance is essential to the successful initial implementation and ongoing operation of the system described herein. However, neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by force majeure.

2.20.1 Force Majeure Requisites

Force majeure shall not be allowed unless:

A. Within three (3) calendar days of the occurrence of force majeure, the party whose performance is delayed thereby shall provide the other party or parties with written notice explaining the cause and extent thereof, as well as a request for a time extension equal to the estimated duration of the force majeure events.

B. Within seven (7) calendar days after the cessation of the force majeure event, the party whose performance was delayed shall provide the other party written notice of the time at which force majeure ceased and a complete explanation of all pertinent events pertaining to the entire force majeure situation.

2.20.2 120 Day Maximum

Under no circumstances shall delays caused by a force majeure extend beyond one hundred-twenty (120) days from the scheduled delivery or completion date of a task, unless by prior [to the one hundred-twenty (120) days] written notice of permission of the other party. Failure to secure this written prior permission, even in the case of force majeure, shall constitute default by the party failing to meet the requirement.

2.20.3 Right of Cancellation

Either party shall have the right to cancel the contract Agreement if Force Majeure suspends performance of scheduled tasks by one or more parties for a period of one hundred-twenty (120) or more days from the scheduled date of the task. If a cancellation due to a Force Majeure occurs before title passes to the Owner, the Vendor may keep any parts of the system as it can salvage, but must remove same at its own expense. If cancellation occurs due to a Force Majeure after title passes to the Owner, the system shall remain with the Owner and the Vendor shall be entitled to any such payments as have accrued according to the payment schedule.

2.18 INCORPORATION BY REFERENCE

The Vendor shall supply software, equipment, training, and other related services adequate to accomplish the requirements as set forth in the Request for Proposals and the Vendor response to the Request for Proposals. Parties agree that where there is a conflict between terms of this Agreement and the information presented in the referenced documents, this Agreement shall take precedence. The parties also agree that where there is not a conflict between this Agreement and the information presented in the referenced documents, that all terms, conditions and offers presented in the Vendor's proposal shall herein be referenced to the Agreement and shall be binding upon all parties to the Agreement.

2.19 RISK DURING EQUIPMENT STORAGE AND INSTALLATION

Delivery shall be made in accordance with the implementation schedule referenced as part of this Agreement. It will be possible to allow for minor variances from this implementation schedule as mutually agreed upon by both parties and confirmed by prior written notice. The equipment shall be installed and placed into good working order by representatives of the Vendor. During the time period where the equipment is in transit and until the equipment is fully installed in good working order, the Vendor and its insurer shall be responsible for the equipment and relieve the Owner of responsibility for all risk or loss or damage to the equipment. In addition, Vendor shall hold the Owner and agents harmless from any risk of loss or damage arising out of occurrences during the installation of the equipment.

2.20 SHIPPING OF EQUIPMENT/SOFTWARE

All shipping and insurance costs to and from the site shall be included in the Vendor's proposal. All payments to shipping agents and for insurance fees shall be made directly by the Vendor. The Owner shall make no payments to any firm concerning the shipment, installation and delivery of equipment / software which is not a part of this Agreement and for which exact payments are not described. Vendor shall be responsible for all arrangements for the shipment and receipt of equipment / software to Owner' prepared site. Recognizing that Owner staff has little prior experience or training in this technology, the Vendor shall provide all properly trained representatives to unpack all items of equipment / software and place this equipment / software in the proper locations. The Vendor shall also be responsible for removal of all debris and packing materials from the site resulting from the installation of the equipment / software. The Owner, at its option, may require the Vendor to provide certificates describing, to the satisfaction of the Owner, evidence of proper (as required by the State of Michigan) worker's compensation and liability insurance for all Vendor staff and representatives involved in the installation of the computer equipment and software. The Owner shall be named as an additional insured and as the Certificate Holder for all work under this Agreement.

2.21 NON-WAIVER OF AGREEMENT RIGHTS

It is the option of any party to the Agreement to grant extensions or provide flexibility to the other party in meeting scheduled tasks or responsibilities defined in the Agreement. Under no circumstances, however, shall any parties to the Agreement forfeit or cancel any right presented in the Agreement by delaying or failing to exercise the right or by not immediately and promptly notifying the other party in the event of a default. In the event that a party to the Agreement waives a right, this does not indicate a waiver of the ability of the party to, at a subsequent time, enforce the right. The payment of funds to the Vendor by Owner should in no way be interpreted as acceptance of the system or the waiver of performance requirements.

2.22 PATENTS, COPYRIGHTS, AND PROPRIETARY RIGHTS INDEMNIFICATION

The Vendor, at its own expense, shall completely and entirely defend the Owner from any claim or suit brought against the Owner arising from claims of violation of United States patents or copyrights resulting from the Vendor or the Owner use of any software, equipment, documentation, and/or data developed in connection with the services and products described in this Agreement. The Owner will provide the Vendor with a written notice of any such claim or suit. The Owner will also assist the Vendor, in all reasonable ways, in the preparation of information helpful to the Vendor in defending the Owner against this suit.

In the event that the Owner is required to pay monies, in defending such claims, resulting from the Vendor being uncooperative or unsuccessful in representing the Owner's interest, or in the event that the Owner is ordered to pay damages as a result of a judgment arising out of an infringement of patents and/or copyrights, Vendor agrees to fully reimburse for all monies expended in connection with these matters. The Owner retains the right to offset against any amounts owed Vendor any such monies expended by the Owner in defending itself against such claims.

Should a court order be issued against the Owner restricting the Owner's use of any product of a claim, and should the Vendor determine not to further appeal the claim issue, at the Owner's sole option the Vendor shall provide, at the Vendor's sole expense, the following:

A. Purchase for the Owner the rights to continue suing the contested product(s), or

B. Provide substitute products to the Owner which are, in the Owner's sole opinion, of equal or greater quality, or

C. Refund all monies paid to the Vendor for the product(s) subject to the court action. The Vendor shall also pay to the Owner all reasonable related losses related to the product(s) and for all reasonable expenses related to the installation and conversion to the new product(s).

2.23 EQUAL OPPORTUNITY EMPLOYMENT / NONDISCRIMINATION POLICY

It is the policy of the Owner that all vendors who provide goods and services to the Owner government by contract, shall, as a condition of providing goods and services, adhere to all Federal, State and Local laws, ordinances, rules and regulations, and policies, if applicable, prohibiting discrimination in regard to persons to be served and employees and applicants for employment including, but not limited to, the following:

· The Elliott-Larsen Civil Rights Act, 1976 PA 453, as amended.

· The Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended.

· Section 504 of the Federal Rehabilitation Act of 1973, PL 93-112, 87 Stat 355, as amended, and rules adopted thereunder.

· The Americans with Disabilities Act of 1990, PL 101-336, 104 Stat 327 (42 USCA § 12101 et seq.), as amended, and regulations promulgated thereunder.

All vendors shall, as a condition of providing goods and services, as required by law and/or the Owner’s Equal Opportunity Employment/Nondiscrimination Policy, not discriminate against persons to be served or an employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment because of race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual’s ability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation.

Where there has been a conclusive finding that a vendor has violated Federal, State, or Local equal opportunity statutes, ordinances, rules/regulations, or policies, that vendor shall be barred from providing goods and services to the Owner for five (5) years from the date that a determination of the violation has been made in accordance with applicable statutes, ordinances, rules/regulations, or policies or from the date that such determination becomes known, unless a specific exemption is granted by the Owner’s governing body.

Any violation of Federal, State, or Local equal opportunity statutes, ordinances, rules/regulations, or policies during the course of time during which the vendor is providing goods or services to the Owner shall be regarded as a material breach of any contract between the Owner and the Vendor, and the Owner may terminate such contract effective as of the date of delivery of written notification to the vendor.

Any employee of a vendor providing goods and services by contract to the Owner, or any employee of a subcontractor of a vendor providing goods and services to the Owner by contract, or any bona fide organization representing such employees may file a written complaint with the governing body or its designated agent, if any, challenging the compliance by a vendor with the terms of this policy, the governing body or its designated agent shall then conduct an investigation to determine whether the policy has been violated.

Any vendor found to have retaliated in violation of a Federal or State law against an employee for filing a claim of violation of Federal, State, or Local equal opportunity statutes, ordinances, rules/regulations, or policies shall be ineligible to provide any goods or services to the Owner government for a period of five (5) years from the date of such finding.

2.24 SUBCONTRACTORS

Vendors may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Vendor must obtain written prior approval from the Owner for activities or duties to take place at the Owner site. In using subcontractors, the Vendor agrees to be responsible for all their acts and omissions to the same extent as if the subcontractors were employees of the Vendor.

2.25 EFFECT OF REGULATION

Should any local, state, or national regulatory authority having jurisdiction over the Owner enter a valid and enforceable order upon the Owner which has the effect of changing or superseding any term or condition of this Agreement, such order shall be complied with, but only so long as such order remains in effect and only to the extent actually necessary under the law. In such event, this Agreement shall remain in effect, unless the effect of the order is to deprive the Owner of a material part of its Agreement with the Vendor. In the event this order results in depriving the Owner of materials or raising their costs beyond that defined in this Agreement, the Owner shall have the right to rescind all or part of this Agreement (if such a rescission is practical) or to end the Agreement term upon thirty (30) days written prior notice to the Vendor. Should the Agreement be terminated under such circumstances, the Owner shall be absolved of all penalties and financial assessments related to cancellation of the Agreement.

The Owner shall not be charged for such compliance beyond the cost of the annual support fees. The Owner shall also not be charged for analysis, investigation, design, programming, conversion, or implementation of such compliance beyond the cost of the annual support fees.

2.26 PROJECT MANAGEMENT STAFF DESIGNATION

The Vendor understands that the successful installation, testing, and operation of the system that is the subject of this Agreement shall be accomplished by a cooperative effort. To most effectively manage this complicated process, the Vendor shall designate a single representative to act as an ex-officio member of the Owner project management team and who shall have the authority to act on behalf of the Vendor on all matters pertaining to this Agreement.

Owner shall have the right to approve all subcontractors, Account / Project Manager, and staff assigned to Owner by Vendor. In the event that an employee of the Vendor is, in the opinion of the Owner, uncooperative, inept, incompetent, or otherwise unacceptable, the Vendor agrees to remove such person from responsibility in the project. In the event of such a removal, the Vendor shall, within fifteen (15) days, fill this representative vacancy as described above. Regardless of whom the Vendor has designated as the representative, the Vendor organization remains the ultimate responsible party for performing the tasks and responsibilities presented in this Agreement.

2.27 ASSIGNMENTS

Owner and the Vendor each binds themselves, their partners, successors, and other legal representatives to all covenants, agreements, and obligations contained in this Agreement. This Agreement or any part thereof shall not be assigned or subcontracted by Vendor without the prior written permission of the Owner; any attempt to do so without said prior permission shall be void and of no effect.

2.28 VENDOR AS INDEPENDENT CONTRACTOR

It is expressly agreed that the Vendor is not an agent of Owner but an independent contractor. The Vendor shall not pledge or attempt to pledge the credit of Owner or in any other way attempt to bind the Owner.

2.29 INSURANCE

The Vendor must have adequate insurance, for damage or loss, for all equipment and other valuables, until such time as the Owner receives good and clear title. In defining insurance coverage, the Vendor shall secure full replacement value for the system without the requirement that the Owner be responsible for any payments or deductibles. In the event that it is necessary to make a claim under this policy, any funds received by the Vendor shall be used to secure replacement software and equipment for the Owner.

The Owner, at its option, may require the Vendor to provide certificates describing, to the satisfaction of the Owner, evidence of proper (as required by the State of Michigan) workers compensation and liability insurance for all Vendor staff and representatives involved in the installation of the computer equipment and software. The Owner shall be names as an additional insured and as the Certificate Holder for all work under this Agreement.

The Vendor agrees to hold harmless and defend the Owner and its agents, officials and employees from any liability, claim or injury, related to or caused by fault or negligence of Vendor employees or subcontractors. In order to demonstrate this responsibility, the Vendor shall furnish the Owner with evidence of valid comprehensive general liability insurance coverage in the amount of one million dollars ($1,000,000) for each occurrence for personal injury (including death or dismemberment) and property damage related to or resulting from shipping, installation, operation or removal of the proposed automated system. The insurance policy shall make clear this coverage of the Owner installation. The Owner shall be named as an additional insured and as the Certificate Holder for all work under this Agreement. The insurance policy shall be initiated prior to the installation of the system and maintained until final acceptance of the system by the Owner according to the prescribed procedures. The Vendor shall furnish to the Owner a copy of the insurance policy and all subsequent changes or updates. An endorsement or statement waiving the right of cancellation or reduction in coverage unless thirty (30) days prior written notice is given to the Owner by registered or certified mail shall be included.

Insurance Coverage - As a condition of performing work for the Owner, Vendor must provide satisfactory evidence of insurance coverage as follows:

A. Commercial general liability of at least $1,000,000;

B. A minimum umbrella policy of $3,000,000;

C. Professional liability coverage of a minimum of $2,000,000;

D. A minimum of statutory workers compensation insurance.

The coverage shall be the minimum amounts and shall not be diminished during the term of this Agreement and the Consultant shall provide copies of all certificates of insurance to the satisfaction of the Owner as to coverage and content and shall maintain such coverage’s for at least six years from the completion of the Project.

Insurance Options

General Liability limits may be attained by individual policies or by a combination of underlying policies with umbrella and/or excess liability policies.

Notify Your Insurance Agent

Vendor may prevent unnecessary follow up resulting from incomplete insurance certificates, by sending or faxing a copy of these insurance requirements to Vendor's agent when requesting an insurance certificate.

2.30 WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE

The Owner has presented detailed technical specifications of the particular purpose for which the software and equipment is intended. The Owner has provided detailed descriptions and criteria of how the system can be defined to accomplish particular purpose. The Owner has also defined the exact procedures and techniques to be employed in testing whether the system has achieved the defined performance of this particular purpose. Given this advanced preparation concerning, and documentation about the Owner's particular purpose, the Vendor at the time this Agreement is in force has (1) reason and opportunity to know the particular purpose for which products are required, and (2) that the Owner is relying on the Vendor's experience and knowledge of these products to provide those which are most suitable and appropriate. Therefore, the Vendor warrants that the system is fit for the purposes for which it is intended as described in this document.

2.31 WARRANTY

The Vendor warrants that all components provided under this Agreement, whether installed initially or under subsequent purchase orders, shall be: newly manufactured equipment or assembled from newly manufactured parts; approved by Underwriter's Laboratories; and, will be free from defects in workmanship or material for a period of 12 months (365 calendar days) from the date of final system acceptance. During this 12 month warranty period, the Vendor shall furnish all replacement new parts, shipping costs, repaired parts, service labor, travel costs, and other repair costs at no cost to the Owner. At the conclusion of the warranty period, the Owner will consider Vendor support under a separate maintenance agreement.

Third party software. Vendor warrants that all third party software products, brands, types, etc., have been recommended based on Vendor’s understanding of the Owner’s operating environment and that such third party software products, brands, types, etc., shall operate as demonstrated by Vendor and as documented in Documentation. Vendor and Vendor, Inc. further warrant that they have the right to license said third party software products, brands, types, etc.

Third party hardware. Any and all hardware products, brands, types, etc., that Vendor and Vendor, Inc. are recommending sizing or other parameters for in Attachment 3 shall be warranted to perform satisfactorily (defined as minimum 98% uptime during normal business hours and maximum 3 second response time to non-query commands) for two years from the signing of this contract, assuming local or other hardware support contracts are in effect for routine maintenance and diagnostics.

2.32 CONTINUITY OF WARRANTY

Owner may continue Warranty protection above by purchasing and paying for on-going Annual Support services described below. By doing so, all Warranty, Warranty of Fitness for a Particular Use, and Resolution and Response Time Warranty conditions above shall remain in effect, in perpetuity (except for the “Third party hardware” clause above), as long as payments for Annual Support are kept current.

2.33 FINAL ACCEPTANCE OF THE SYSTEM

The system proposed shall be defined to be finally accepted by Owner after the installation of the software, equipment, training, and successful completion of the following performance examinations: system hardware examination, performance examination, system functional competence examination, system capacity examination, full-load processing capacity examination, system availability examination, training, and system documentation. The Owner and its consultants shall be the sole judge of whether all conditions for final acceptance criteria have been met.

2.34 STANDARD FORMS AND CONTRACTS

Any forms and contracts the vendor(s) proposes to include as part of any agreement resulting from this bid between the vendor(s) and the Owner must be submitted as part of the proposal. Any forms and contracts not submitted as part of the bid and subsequently presented for inclusion may be rejected. Owner reserves the right to accept or reject in whole or in part any form contract submitted by a vendor and/or to require that amendments be made thereto, or that an agreement drafted by the Owner be utilized. This requirement includes, but is not limited to, the following types of forms: subcontractor, franchise, warranty agreements, maintenance contracts, and support agreements. The Owner will negotiate any and all contracts/agreements and prices/fees with the finalist vendor, if doing so is deemed in the best interest of the Owner.

2.35 NON-COLLUSION COVENANT

The Vendor hereby represents and agrees that it has in no way entered into any contingent fee arrangement with any firm or employee of the owner, or other person or entity concerning the obtaining of this Agreement. In addition, the Vendor agrees that a duly authorized Vendor representative will sign a non-collusion affidavit, in a form acceptable to Owner, that the Vendor firm has received from Owner no incentive or special payments, or considerations not related to the provision of automation systems and services described in this Agreement (see Bidder Response Form).

2.36 ADVERTISEMENT

The laws of the State of Michigan, Owner purchasing policies and the legal advertisement for contractors and purchases, are made a part of any agreement entered into the same respect as if specifically set forth in that agreement.

2.37 SPECIAL NOTES

Failure to include in the proposal all information outlined above may be cause for rejection of the proposal.

The Owner reserves the right to accept the vendor's replacement of any component if it is considered equal or superior to the specifications. Such acceptance will be in writing.

2.38 PAYMENT TERMS

It is the intent of the Owner to negotiate a payment scheduled based upon the following milestones:

2.41.1 Outright Purchase

Provide total outright purchase price of the total base bid proposal and any yearly fees.

2.39 IMPLEMENTATION SCHEDULE

The District intends to begin implementation of the new iPads By February 8, 2019.

SECTION 3

NEW DEVICE REQUIREMENTS

The following tasks describe the District’s expectations regarding the issues that should be addressed while evaluating the district needs in designing an owner-operated infrastructure system to meet those needs.

Task 1:

Setup and train on device management for the district.

Task 2:

Prepare a Roadmap setting up and putting the iPads in their cases.

3.1 Other requirements:

SECTION 4

4.1 BID SUMMARY

The following is a form to be completed by the vendor to propose their pricing for the web site and training for staff described in this RFP.

Name of Company

Proposed Software/Hardware Brand Name

Name of Proposal Preparer

Phone (Number)

Fax Number

Base Bid

Yearly fees for next 3 years if any $______________

January 2019 Millington Community Schools

4.2 HARDWARE/CAPACITY EXPANSION

Please include below the description(s), capacities, and costs of the server and miscellaneous hardware or processor expansions required to accommodate the Vendor(s) applications and on-line history.

Hardware

Description/ Capacity

Unit Purchase Price x

Number of Units

Total Initial Purchase Price

Annual On-Going Maintenance

Other:

Subtotal

4.4 CUSTOMER REFERENCE INFORMATION

Please provide customer references of clients, similar in size and processing volume, with installed modules similar to those requested and who have been using the software for at least two (3) years.

4.4.a Customer Reference Information

Vendor Name: Enrollment :

Customer Name:

Customer Contact:

Customer Phone Number:

Equipment configuration (briefly describe each system device quantities, and list characteristics such as size, speed, and capacity):

Installed application systems (briefly describe):

4.4.b Customer Reference Information

Vendor Name:

Customer Name:

Customer Contact:

Customer Phone Number:

Equipment configuration (briefly describe each system device quantities, and list characteristics such as size, speed, and capacity):

4.4.c Customer Reference Information

Vendor Name:

Customer Name:

Customer Contact:

Customer Phone Number:

Equipment configuration (briefly describe each system device quantities, and list characteristics such as size, speed, and capacity):

4.6 BID SIGNATURE FORM

The undersigned declares that he/she has carefully examined all the items of the Specifications and Instructions and that he/she fully understands the requirements of the same.

Bids shall include installation as specified, and the successful bidder shall obtain all required permits and pay fees for each District.

Bids shall state completion time and/or date:

State warranty or guarantees:

Make or model, where applicable:

State terms:

Bids to include any shipping charges F.O.B. destination

Proposal: Web Site and Web Site maintenance training

(Total Price Written)

(Total Figure)

Firm Name:

Date:

Address:

Telephone:

Signature:

(Person executing bid and official capacity)

(Names of principal officers:

designate official capacity)

(If partnership or assumed name, indicate name of owners)

January 2019 Millington Community Schools