RFP-23064 Comprehensive Pre-K Curriculum FINAL 11.20.23.pdf

RFP-26135 RFP Template Effective Date:

Pre-K Curriculum 2/17/2021

200 EAST NORTH AVENUE

BALTIMORE, MD 21202

REQUEST FOR PROPOSALS

COMPREHENSIVE PRE-K CURRICULUM

RFP-23064

ISSUED BY: Procurement Office Baltimore City Public Schools 200 East North Avenue, Room 401 Baltimore, MD 21202 Attention: Suzanne Addington

RFP NUMBER: RFP- 23064

RELEASE DATE: Monday, November 20, 2023

PRE-PROPOSAL

MEETING: Tuesday, November 28. 2023 @ 12:00 p.m. EST via Microsoft Teams Meeting

QUESTIONS DUE: Wednesday, November 29, 2023 @1:00 p.m.

PROPOSAL DUE DATE: Friday, December 8, 2023 @ 11:00 a.m.

Proposals to be submitted electronically to eMaryland Marketplace Advantage website

DIRECT INQUIRIES TO: Buyer Name: Suzanne Addington

PH: 410-396-8842

FX: 410-545-6977

E-mail: saddington@bcps.k12.md.us

Entities are cautioned not to make changes to any of the terms and conditions in this solicitation. Doing so may render an Entity’s Proposal unacceptable and subject to rejection. Questions and inquiries may be addressed as outlined in Part II, Item 4 of this solicitation. Any exceptions to the Baltimore City Public Schools’ (“City Schools’”) terms and conditions are not binding unless they are negotiated and affirmatively deemed mutually agreeable by the Entity and City Schools in an executed Contract. City Schools is not required to negotiate changes to its terms and conditions.

mailto:safeldman@bcps.k12.md.us

RFP-26135 RFP Template Effective Date:

Pre-K Curriculum 2/17/2021

TABLE OF CONTENTS

PART I: SCOPE OF WORK

1.0 INTRODUCTION AND DEFINITIONS

2.0 BACKGROUND

3.0 SCOPE OF SERVICES

4.0 EVERY STUDENT SUCCEEDS ACT (“ESSA”)

PART II: GENERAL TERMS AND CONDITIONS

1.0 STATEMENT OF CONFIDENTIALITY

2.0 TERM OF AGREEMENT

3.0 PRE-PROPOSAL MEETING

4.0 QUESTIONS AND INQUIRIES

5.0 POINT OF CONTACT

6.0 CITY SCHOOLS PROJECT MONITOR/CITY SCHOOLS SUPERVISION

7.0 CONTRACT TYPE

8.0 PAYMENT TERMS

9.0 TRAVEL REIMBURSEMENT

10.0 ELECTRONIC PAYMENT

11.0 RFP REVISIONS

12.0 SUBMISSION DEADLINE

13.0 PROPOSAL OPENING

14.0 DURATION OF OFFER

15.0 MINORITY & WOMEN BUSINESS ENTERPRISE PROGRAM

16.0 E-MARYLAND MARKETPLACE ADVANTAGE

17.0 INSURANCE

18.0 LIQUIDATED DAMAGES N/A

19.0 CRIMINAL BACKGROUND CHECK/FINGERPRINTING/PHOTO IDENTIFICATION BADGE

20.0 LIVING WAGE N/A

21.0 BONDING 15

22.0 TERMS AND CONDITIONS

23.0 STATE OF MARYLAND CERTIFICATE OF GOOD STANDING

24.0 UNNECESSARILY ELABORATE BROCHURES

25.0 17

PART III: PROPOSAL FORMAT

1.0 PROPOSAL SUBMISSION FORMAT

2.0 VOLUME I: TECHNICAL PROPOSAL FORMAT

3.0 VOLUME II: FINANCIAL PROPOSAL

PART IV: EVALUATION AND SELECTION PROCEDURE

1.0 EVALUATION COMMITTEE

2.0 EVALUATION PROCESS

3.0 EVALUATION CRITERIA

PART V: APPENDICES

APPENDIX A - SPECIAL TERMS AND CONDITIONS FOR RFP’S

APPENDIX B - CITY SCHOOLS GENERAL ARTICLES

APPENDIX C - REFERENCES

APPENDIX D - NON-COLLUSION CERTIFICATE

APPENDIX E - DEBARMENT AFFIDAVIT

APPENDIX F - ANTI-BRIBERY AFFIDAVIT

APPENDIX G - ETHICS CERTIFICATION

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APPENDIX H - EDGAR

APPENDIX I - FINANCIAL PROPOSAL FORM

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Pre-K Curriculum 2/17/2021

PART I: SCOPE OF WORK

1.0 INTRODUCTION AND DEFINITIONS

This Request for Proposals (“RFP” or “solicitation”) is soliciting proposals from qualified entities for a Comprehensive Pre-K Curriculum for approximately 270 Pre-K classrooms in Baltimore City Public Schools. A proposal for a comprehensive curriculum must include the elements highlighted in the Scope of Services and all learning domains.

For the purposes of this RFP, the following definitions apply: “City Schools” refers to the Baltimore City Board of School Commissioners, which operates a system of public schools commonly known as the Baltimore City Public School System or Baltimore City Public Schools; “Entity” means any qualified, reliable, and interested broker, vendor, bidder, consultant, contractor, manufacturer, and/or other entity that responds to this RFP, as well as the entity awarded a Contract or otherwise duly authorized by City Schools to provide Services in accordance with applicable Laws; “Contract” or “Agreement” refers to the legally enforceable contract or agreement between City Schools and the Entity that is the successful respondent to this RFP; “Services” or “Work” refers to the work, deliverables, products, goods, materials, equipment, and/or services required to be provided or performed by the Entity under the terms of the Agreement; “Law” or “Laws” refers to any applicable federal, state, and local laws, regulations and rules, as well as Baltimore City Board of School Commissioners policies and administrative regulations, which are available at this link: www.baltimorecityschools.org/board-policies; and “Proposal” means a bid or submission to City Schools in response to this RFP.

2.0 BACKGROUND

City Schools serves the needs of public education in Baltimore City, covering approximately 77 square miles, with a residential population of more than 646,000. It is the fourth largest public-school system in the State of Maryland. City Schools operates 156 facilities over a ten-mile radius, which includes Pre-k, elementary, middle, and high schools as well as special education centers and alternative schools. The Central administration headquarters is located at 200 East North Avenue, Baltimore, Maryland.

City Schools is governed by the Baltimore City Board of School Commissioners (“Board”), which has 10 members (including a student member). The Board is appointed by the Mayor of Baltimore. The Board sets and oversees policy and implementation of regulations for the school system and approves all major appointments. The City Schools Chief Executive Officer reports to the Board.

City Schools currently has approximately 79,000 students supported by approximately 10,000 employees and an annual operating budget of approximately $1.3B. Of those 79,000 students, our nearly 280 pre-k and preschool education staff members support approximately 5,400 pre-k and preschool special education students across 270 classrooms.

For ten (10) years, City Schools has utilized a pre-k curriculum through the Office of Early Learning. City Schools is committed to ensuring that all children start school ready to learn. The curriculum specifies learning goals for children that are measurable through observation and consistent with developmental progressions. The curriculum shows evidence of supporting children’s social/emotional needs. Research demonstrates that http://www.baltimorecityschools.org/board-policies

RFP-26135 RFP Template Effective Date:

Pre-K Curriculum 2/17/2021 high-quality early childhood education programs assist children in developing skills that prepare them for school.

City Schools’ Academic Office is committed to providing teachers and schools with high-quality developmentally appropriate instructional materials and resources that are culturally relevant to the student populations represented in City Schools and professional development designed to strengthen the pedagogy, planning, and implementation needed for teachers to not only meet the needs of their diverse learners but also support their knowledge.

3.0 SCOPE OF SERVICES

The Entity’s proposal must include a high-quality, comprehensive, interdisciplinary, and developmentally appropriate pre-k curriculum that promotes play-based learning. The Blueprint for Maryland’s Future expands full day access to 3- and 4- year-old pre-k programs, so the proposed curriculum should align with the Early Learning Assessment and/or the Maryland Early Learning Standards for 3-year-old pre-k through kindergarten.

The Entity must propose a curriculum that employs “developmentally appropriate practice”. The National Educations for the Education of Young Children (NAEYC) defines the term “developmentally appropriate practice” (DAP) as: “Practice that promotes each and every child’s optimal learning and development. It is grounded in the research on child development and learning, in the knowledge base regarding educational effectiveness in early care and education, and in the knowledge that professional early childhood educators gain from their observations of, and interactions with, children and their families.

Consistently engaging in DAP requires deep professional knowledge and skills, intentional effort, and adequate resources (such as strong curricula and time for ongoing professional learning). This position statement on DAP-NAEYC’s fourth edition – provides an overview of the essentials of DAP, grounding the profession and policy makers in the latest research and laying out a path for all children to reach their full potential”. The full position statement can be found HERE.

The proposed curriculum must demonstrate developmentally appropriate, research-based literacy instruction. The science of reading is a vast, interdisciplinary body of scientifically based research about reading and issues related to reading and writing. The science of reading is derived from research in multiple fields: cognitive psychology, communication sciences, developmental psychology, education, implementation science, linguistics, neuroscience, and school psychology. The proposed curriculum must provide components to support word recognition, language comprehension, reading comprehension, and writing, aligned to the science of reading. Additional information regarding the science of reading can be found HERE.

The proposed curriculum must demonstrate evidence of high-quality, developmentally appropriate math instruction. NAEYC, along with The National Council of Teachers of Mathematics (NCTM) provides guidelines regarding early math instruction. The curriculum must enhance children’s natural interest in mathematics and build on children’s varying experiences. The curriculum bases mathematics curriculum and teaching practices on current knowledge of young children’s development and uses curriculum and teaching practices that strengthen children’s problem-solving and reasoning processes and supports connection of mathematical ideas. The curriculum is coherent and compatible with known relationships and sequences of important mathematical ideas, with a strong https://pd.kready.org/105957 https://earlychildhood.marylandpublicschools.org/maryland-early-learning-standards https://www.naeyc.org/resources/position-statements/dap/contents https://www.thereadingleague.org/what-is-the-science-of-reading/

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Pre-K Curriculum 2/17/2021 emphasis on numeracy and the three counting principles: organized sequence of numbers, cardinality, and the one-to-one principle. The NAEYC and NCTM full position statement can be found HERE.

The proposed curriculum must include evidence of developmentally appropriate science and social studies instruction. Children learn in an integrated way, across domains and subject areas. Science and social studies lessons can be embedded but must align with the science and social studies standards, outlined in the Maryland Early Learning Standards.

The proposed curriculum must show evidence of the following components:

3.1 Grounded in child development principles and is evidence based:

For consideration by City Schools, the Entity must submit a proposal for a comprehensive, interdisciplinary, and developmentally appropriate pre-k curriculum that has been implemented in pre-k classrooms and is grounded in research-based practices. The research must include evidence of the impact of the curriculum implementation in an urban school district with characteristics similar to that of City Schools. The research must provide evidence that the curriculum has positive learning outcomes. The curriculum must clearly align with the Maryland Early Learning Assessment and/or the Maryland Early Learning Standards for three-year-olds through kindergarten.

3.2 Embraces and promotes play:

The curriculum must emphasize play as the primary mode of learning and includes intentional plans within the daily schedule that provide opportunities for spontaneous and purposeful play. The curriculum must provide ideas and plans for centers.

3.3 Promotes a positive learning environment:

The curriculum must emphasize a rich and positive learning environment by providing opportunities for children to work collaboratively and develop social-emotional skills. The curriculum must provide strategies for teachers to promote a positive learning environment and classroom community and the strategies must align to the following competencies of the CASEL framework: self-awareness, self- management, social awareness, relationship skills, and responsible decision-making.

3.4 Developmentally appropriate and comprehensive across domains The curriculum must include all learning domains with activities that are interdisciplinary across domains. The curriculum must focus on the whole child, contain child initiated and directed activities, outdoor opportunities, and opportunities for inquiry, and must be supportive of children’s social and emotional needs. Guidance for how to extend children’s exploration, thinking, and communication must be included. The curriculum must be designed to allow children to learn and discover things that interest them. Guidance on how to design developmentally appropriate schedules and routines must be included.

3.5 Specific learning goals:

The curriculum must provide an organized, developmental scope and sequence that supports children’s learning and addresses all domains. Learning objectives must be developmentally appropriate. The curriculum must support differentiation and individualized instruction and include multiple opportunities for children to explore a topic or skill with increasing depth.

https://www.naeyc.org/sites/default/files/globally-shared/downloads/PDFs/resources/position-statements/psmath.pdf https://earlychildhood.marylandpublicschools.org/maryland-early-learning-standards

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3.6 Family engagement:

The curriculum must promote families as collaborative partners in their child’s education and encourage schools to build positive relationships with families. Suggestions for how to engage families in their child’s learning and development must be provided.

3.7 Culturally responsive:

The curriculum must provide resources and suggestions for topics, themes, and materials that authentically represent cultural and racial diversity. The curriculum must be rooted in appreciation and respect for the cultural needs of children and their families and provide information, support, and be responsive to these needs.

3.8 Linguistically responsive:

The curriculum must provide a developmentally and linguistically appropriate environment to enable dual language learners. The curriculum must provide guidance on how to authentically incorporate a child’s home language into the learning environment.

Scaffolding strategies must be provided to support the language and development of dual language learners.

3.9 Individualization for children with special needs:

The curriculum must provide support and guidance for students with special needs, including adaptive learning environments, daily schedules, and activities. Suggestions for ensuring the physical environment and materials are accessible to children with special needs must be provided. In addition, the curriculum must embed principles of Universal Design for Learning (UDL).

3.10 Professional development:

All teachers using the curriculum will need professional development support. Proposals must include options to support initial systemwide teacher training and implementation, including web-based and in-person training or professional development. Curriculum training is grounded in sound adult learning theory and offered by the curriculum developers. Proposals shall also include options for ongoing professional development that includes regularly scheduled onsite coaching and follow up opportunities on specific topics for at least two consecutive years, as well as additional sessions of initial training for new teachers who are onboarding during the term of the contract. Proposals must include options for coaching support for District staff. Implementation support for new teachers who are onboarding outside of the contract term will be provided by District staff.

3.11 Teacher materials:

The curriculum must provide high quality instructional materials that promote open-ended exploration and inquiry as well as resources that support implementation and directions for how to use them. The curriculum materials should include opportunities to deepen teachers’ knowledge of pedagogy and include ways to accommodate the individual learning needs of children.

3.12 Authentic Assessment:

The curriculum must include authentic assessments and an assessment plan that rely on teacher observations and collections of student work across all learning domains to show evidence of the children’s knowledge and skills.

3.13 Equity Policy:

RFP-26135 RFP Template Effective Date:

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The curriculum must take into consideration Baltimore City Board of School Commissioners Policy ADA (Equity). NAEYC has also taken positions on Equity. Please see these links for Board Policy ADA and NAEYC’s position on equity.

https://go.boarddocs.com/mabe/bcpss/Board.nsf/goto?open&id=BLQTCN76BED4 https://www.naeyc.org/resources/position-statements/equity

The Entity’s proposal will include the following items for review by City Schools:

1. Five complete classroom kits which include student and teacher materials;

2. a list of ALL trade books required for the proposed curriculum;

3. a list of all OPTIONAL trade books recommended for the curriculum;

4. a printed teacher’s guide;

5. required digital materials;

6. optional digital materials;

7. a list of required supplemental materials/manipulatives that teachers/schools must purchase that are not included in the classroom kit;

8. a list of recommended materials/manipulatives that are optional for purchase that are not included in the classroom kit;

9. a list of required technology;

10. a list of recommended technology;

11. a list of required training;

12. a list of recommended training;

13. optional assessment materials;

14. scope and sequence

15. alignment to the Early Learning Assessment and/ or Maryland Early Learning

Standards

16. a 5–8-minute video showing and describing curricular materials

3.14 All digital learning tools should provide access to digital content in support of City Schools curriculum and blended learning strategies. All tools should be appropriate for students in grades PreK and should be easily accessible via Chromebook, Windows laptop, iOS devices or generally web-based for access on any device type (platform agnostic). Your proposal should describe on-line access to materials and provide online logins and passwords for teachers and students. This access shall be sufficient for a minimum of 10 committee members to evaluate the online material. Access shall be available until the solicitation closes.

Digital tools should be available 24/7 and should contain reporting tools that provide data about usage and student progress (if applicable). Additionally, the tools should have an administrative dashboard or account that can be used to support staff at the local level (without them having to contact the vendor).

All digital tools must be able to integrate with the Clever digital learning platform and ideally will allow for rostering and single sign on. As this award is made, City Schools will schedule meetings with vendors as needed to discuss the Clever integration process. In addition, digital tools shall comply with Maryland law regarding equivalent access, as specified in Section 26.0 below.

Digital tools selected should be hosted in the cloud so protecting staff and student data privacy is a major consideration for all tools. Vendors must be able to provide information about how they ensure that data is secured. Additionally, selected tools will be part of the Student Data Privacy Consortium and/or the Common Sense Education Privacy Education Initiative. If a selected vendor is not part of one of these organizations prior to https://go.boarddocs.com/mabe/bcpss/Board.nsf/goto?open&id=BLQTCN76BED4 https://www.naeyc.org/resources/position-statements/equity https://pd.kready.org/105957

RFP-26135 RFP Template Effective Date:

Pre-K Curriculum 2/17/2021 this solicitation, they must commit to becoming a member prior to the initiation of the agreement. Additionally, all tools should support student learning differences and provide accommodations for students with disabilities and students whose first language is not English.

4.0 EVERY STUDENT SUCCEEDS ACT (“ESSA”)

Not Applicable. ESSA Evidence levels are not used for materials of instruction and are not bound to ESSA Levels of Effectiveness.

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PART II: GENERAL TERMS AND CONDITIONS

1.0 STATEMENT OF CONFIDENTIALITY

It is understood and agreed that all information pertinent to this solicitation may contain trade secrets, which are confidential and proprietary. The selected Entity agrees not to disclose or knowingly use any confidential or proprietary information of the Baltimore City Schools and/or third-party participant.

Entities are notified that City Schools has unlimited data rights regarding Proposals submitted in response to this solicitation. “Unlimited data rights” means that City Schools has the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, or perform publicly and display publicly any information submitted by the Entity in response to this or any solicitation issued by City Schools. City Schools will exempt information that is confidential commercial or financial information of an Entity, as defined by the Maryland Public Information Act (“MPIA”), Title 4 of the General Provisions Article of the Maryland Annotated Code. It is the responsibility of the Entity to clearly identify each part of its Proposal that is confidential commercial or financial information by stamping the bottom right-hand corner of each pertinent page with one-inch, bold face letters stating the words “confidential” or “proprietary”. The Entity agrees that any portion of the Proposal that is not stamped as proprietary or confidential is not proprietary or confidential. As a condition for City Schools keeping the information confidential, the Entity must agree to defend and hold City Schools harmless if any information is inadvertently released. Each Entity must submit a proprietary and confidential redacted copy of its Proposal to be used in responding to MPIA requests. However, and in accordance with the MPIA, Entities are hereby notified that every portion of the Proposal may still be subject to disclosure under the MPIA.

2.0 TERM OF AGREEMENT

The anticipated term of the Contract that City Schools intends to award pursuant to this RFP shall be for three (3) years from the date of Board approval with one (1), two (2)-year renewal option(s) at the sole discretion of City Schools, subject to the termination provisions set forth in the attached City Schools General Articles (Appendix B).

The Entity awarded a Contract pursuant to this RFP may adjust its base Contract bid prices for the two-year renewal period. Prices may not be adjusted during the initial three-year term. This permissible adjustment mechanism shall be tied to the change in the Consumer Price Index (“CPI”). The specific procedure for calculating the adjustment and implementing the resulting price change is described as follows:

At least sixty (60) days prior to the end of the current Contract year, an Entity may submit a request to adjust the Contract prices then in effect based upon a change in the CPI as described below. The U.S. Department of Labor, Bureau of Labor Statistics (“BLS”) (www.bls.gov), CPI, All Urban Consumers (Series ID: CUUR0000SA0) shall be used as the basis for a request to adjust prices.

In no event shall the price increase exceed 5% of the current Contract unit price. The adjustment shall be calculated, as a percent of the prior year annual index number increase. The percent is derived from the difference between the prior calendar year “Annual” index number as published in the BLS-CPI. The difference is expressed as a percentage of the prior calendar year prices. The Entity must submit with the request: a http://www.bls.gov/

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Pre-K Curriculum 2/17/2021 copy of the proposed renewal price schedule showing the current Contract prices; the price adjustments as calculated using the BLS-CPI, All Urban Consumers (Series ID:

CUUR0000SA0); and, the proposed renewal Contract prices.

In the event the BLS discontinues the CPI Index, City Schools may consider a request from the Entity for a price adjustment based upon the most comparable successor index to the CPI, up to, but not to exceed, 5% for any renewal period.

Any request for price adjustments requires proof (actual invoices) of the increase(s) effect on the Entity’s costs.

3.0 PRE-PROPOSAL MEETING

Entities are strongly encouraged to attend a pre-proposal meeting scheduled for Tuesday, November 28, 2023 at 12:00 p.m. EST. The pre-proposal meeting will be conducted via Microsoft Teams. Call-in details are below:

Join on your computer, mobile app or room device

Click here to join the meeting

Meeting ID: 262 700 350 105

Passcode: kdRAEE

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Or call in (audio only)

+1 443-961-1488,,164002218# United States, Baltimore

Phone Conference ID: 164 002 218#

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While attendance at the pre-proposal meeting is not mandatory, the information presented is informative. All interested offerors are encouraged to attend in order to be better able to prepare an acceptable proposal.

4.0 QUESTIONS AND INQUIRIES

No interpretation of the meaning of the specifications or other documents will be made to any Entity orally. Questions shall be submitted in writing to the Point of Contact (see Part II, § 5.0). If the Entity is allowed to submit the Proposal in hard copy, the word "INQUIRY” and the RFP name and number must be noted on the envelope. Alternatively, inquiries may be e-mailed to the Point of Contact. The subject field of the e-mail must include "INQUIRY” and the RFP name and number.

To be given consideration, the questions must be received NOT LATER THAN Wednesday, November 29, 2023 at 1:00 p.m. EST. Questions that are deemed to be substantive in nature will be answered only in writing, with both the question(s) and answer(s) posted on https://emma.maryland.gov. Unless expressly authorized by the Point of Contact, contact by Entities with any other City Schools employee regarding this solicitation until the Contract is awarded by the Board will be considered by City Schools https://teams.microsoft.com/l/meetup-join/19%3ameeting_YTg2YmMxMjQtNzc2NS00M2JjLTliODEtZmJhZTA1NjJjYTQ3%40thread.v2/0?context=%7b%22Tid%22%3a%22065bb2f4-6fe3-414f-a910-f2886305c814%22%2c%22Oid%22%3a%22e5be379b-7314-4a7a-90e6-da5a01cb3acd%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+14439611488,,164002218 https://dialin.teams.microsoft.com/086aed28-7d04-4f8c-bdbb-89c4ddddf66e?id=164002218 https://dialin.teams.microsoft.com/usp/pstnconferencing https://aka.ms/JoinTeamsMeeting https://teams.microsoft.com/meetingOptions/?organizerId=e5be379b-7314-4a7a-90e6-da5a01cb3acd&tenantId=065bb2f4-6fe3-414f-a910-f2886305c814&threadId=19_meeting_YTg2YmMxMjQtNzc2NS00M2JjLTliODEtZmJhZTA1NjJjYTQ3@thread.v2&messageId=0&language=en-US https://emma.maryland.gov/

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Pre-K Curriculum 2/17/2021 as an attempt to obtain an unfair advantage and result in non-consideration of the Entity’s Proposal.

5.0 POINT OF CONTACT

Suzanne Addington, Buyer Baltimore City Public Schools Office of Procurement 200 E. North Avenue Baltimore, MD 21202

Phone: 410-396-8842 E-mail: saddington@bcps.k12.md.us

6.0 CITY SCHOOLS PROJECT MONITOR/CITY SCHOOLS SUPERVISION

For purposes of the Contract awarded pursuant to this RFP, the City Schools Project Monitor is Crystal Francis, Director of Early Learning.

The Entity’s performance will be under the technical direction of the City Schools Project Monitor, who will be responsible for ensuring the Entity’s compliance with the requirements of the Contract to include managing the daily activities of the Contract, providing technical guidance to the Entity, and overall project scheduling and coordination. The Entity shall be accountable to the City Schools Project Monitor on all matters relating to the scope of Work.

7.0 CONTRACT TYPE

The Contract resulting from this solicitation will be a requirements contract.

8.0 PAYMENT TERMS

The prices, rates, and other compensation for Services performed is as described in the Agreement. When transportation or freight charges are billed to City Schools, a paid freight bill must accompany the invoice. Invoices received unaccompanied by such evidence will be paid only upon acceptance by City Schools. Cartage, handling, packaging, or boxing charges will not be allowed unless specifically so stated in the purchase order.

The Parties acknowledge and agree that the Entity’s invoices are to be submitted to City Schools in a timely manner, per the terms of a purchase order, after the Services have been provided to City Schools. If invoices are submitted more than one calendar year after the last date the Entity’s Services have been rendered or the last date when Services were accepted by City Schools, then City Schools shall have no obligation to pay for the stale invoices. City Schools shall have no obligation to pay for Services performed before City Schools approves the Agreement or after it terminates, in excess of the monetary amount of the Agreement, or prior to the issuance of a purchase order. The Entity shall comply with additional City Schools guidance regarding invoices, proposals, and quotes, available on the City Schools website (https://www.baltimorecityschools.org/sites/default/files/inline-files/Quote- InvoiceGuidancev10.6.20.pdf).

mailto:saddington@bcps.k12.md.us https://www.baltimorecityschools.org/sites/default/files/inline-files/Quote-InvoiceGuidancev10.6.20.pdf https://www.baltimorecityschools.org/sites/default/files/inline-files/Quote-InvoiceGuidancev10.6.20.pdf

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The Entity’s invoices shall be approved for payment by the City Schools Project Monitor only after the City Schools Project Monitor is satisfied that the Entity is performing the Services and has prepared the invoice as required by the Agreement. Prior to approving any Entity invoices for payment, City Schools, through any authorized representative, has the right at all reasonable times to inspect, or otherwise evaluate, the Services performed or being performed at the premises on which it is being performed. If any inspection or evaluation is made by City Schools on the premises of the Entity or any of its subcontractors, the Entity shall provide and shall require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City Schools representatives in the performance of their duties. All inspections and evaluations shall be performed so that they will not unduly delay the Services.

Within thirty (30) days after receipt of each invoice and accepting the Services, City Schools shall, except as provided in the Agreement, pay for the Services performed when approved by the City Schools Project Monitor. A payment schedule will be jointly developed between City Schools and the Entity. City Schools reserves the right to submit payment using an electronic payment method, such as credit card, Single Use Account, or Automated Clearing House. The Entity shall not assess City Schools with any additional charge, fee, or price for the use of these electronic payment methods.

Regardless of any other provisions of the Agreement, failure of the Entity to submit required reports when due or failure to perform or deliver acceptable Services will result in City Schools withholding or limiting payments under the Agreement until such time as City Schools determines that the Entity has met the performance terms as established by this Agreement, unless such failure arises pursuant to Article 7 (“Force Majeure”) of the City Schools General Articles and without the fault or negligence of the Entity. City Schools shall promptly notify the Entity of its intention to withhold or limit payment of any invoice submitted.

If at any time City Schools determines that a cost for which payment has been made is a disallowed cost, such as overpayment, City Schools shall notify the Entity in writing of the disallowance or claim for unallowable costs. City Schools shall also state the means of correction, which may be, but shall not be limited to, adjustment of any future claim submitted by the Entity by the amount of the disallowance, or to require repayment of the disallowed amount by the Entity.

The Entity shall fully comply with any bid, payment, performance bond and/or other bonding or surety obligations as set forth in this RFP.

9.0 TRAVEL REIMBURSEMENT

Hotel and meal expenses are limited to the U.S. General Services Administration (“GSA”) Per Diem Rate http://www.gsa.gov/Per Diem. In no event will meals totaling more than the GSA Per Diem Rate be reimbursed. A detailed receipt for all meals must be submitted on the Entity’s or other suitable Expense Account Form upon return. The receipt should include the date, name of the restaurant, and an itemized listing of what was purchased. Meals charged to the room must also include a detailed receipt. City Schools will not reimburse an individual for the purchase of alcoholic beverages, which are the sole responsibility of the traveler. The traveler must also include a copy of the conference agenda when applicable. The cost of transportation, including air and ground transportation, should be loaded into the hourly rates for personnel.

http://www.gsa.gov/portal/content/104877?utm_source=OCM&utm_medium=print-radio&utm_term=HP_01_Requested_perdiem&utm_campaign=shortcuts

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10.0 ELECTRONIC PAYMENT

City Schools has the ability to process payments to contractors electronically using the CTX+ (“Corporate Trade Exchange”) payment format. The payment format will contain summarized information and will not provide details concerning each invoice amount included in the check total if the depositing bank does not accept CTX+ format. Entities must contact their bank in order to receive the CTX+ format and the depositing bank may charge a fee for this format. Entities need to discuss potential charges with their bank.

Please complete and submit the Authorization for Entity Payment - ACH form. Forms can be obtained by visiting the City Schools procurement website at https//www.baltimorecityschools.org/procurement. City Schools will only process ACH forms for awarded Entities.

11.0 RFP REVISIONS

Should it become necessary to revise any part of this RFP, addenda will be posted on https://emma.maryland.gov. All addenda, amendments or changes issued shall be deemed received by the Entity, provided they are posted to eMaryland Marketplace Advantage or the City Schools website. Failure of any Entity to receive or acknowledge receipt of such addenda or interpretation shall not relieve any Entity from any obligations under this RFP as amended by all addenda. All addenda so issued shall become part of the Contract award.

12.0 SUBMISSION DEADLINE

Proposals in response to this solicitation are being accepted solely online through eMaryland Marketplace Advantage https://emma.maryland.gov

The Proposal due date is Friday, December 8, 2023 at 11:00 a.m. EST. Offeror’s response shall be submitted in two (2) PDF files (one technical and one financial) on-line to eMaryland Marketplace Advantage.

13.0 PROPOSAL OPENING

Proposals will be opened electronically in eMaryland Marketplace Advantage as soon as practicable after the deadline for the receipt of proposals in this solicitation. All Proposals shall be opened virtually in the presence of one or more witnesses. Once the Proposals are opened, the Office of Procurement will prepare a document that summarizes the Proposals received. This document will be available for inspection after the Intent to Award letter is issued.

14.0 DURATION OF OFFER

A Proposal submitted in response to this solicitation is binding upon the Entity and is considered irrevocable for a minimum of 180 days following the closing date for receipt of initial Proposals or the closing date for receipt of a best and final offer, if applicable.

15.0 MINORITY & WOMEN BUSINESS ENTERPRISE PROGRAM

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During the MBE/WBE goal determination process, this solicitation was not assigned M/WBE goals pursuant to City Schools Administrative Regulation DJA-RA, Procurement, pertaining to Minority and Women’s Business Enterprises (MBE/WBE Requirements).

16.0 E-MARYLAND MARKETPLACE ADVANTAGE

eMaryland Marketplace Advantage (https://emma.maryland.gov) is the primary site for

City Schools to transmit solicitations over $50,000. This website also serves to publish any addenda, associated materials, Entity/offeror questions and City Schools’ responses, and other solicitation related information.

Notices of solicitations are also posted on our website www.baltimorecityschools.org in accordance with the Maryland Annotated Code, State Finance and Procurement Article § 13-103 Competitive Sealed Bids, Article § 13-104 Competitive Sealed Proposals, and Article § 13-107 Sole Source Procurements.

The eMaryland Marketplace Advantage law became effective on June 1, 2008 and requires units of State government, including those otherwise exempt from State procurement law, and all local government entities, to publish notices of procurement and procurement awards on the State’s e-commerce website eMaryland Marketplace Advantage (“eMMA”). All Entities are required to register with eMaryland Marketplace Advantage, so that the award notice can be properly published.

17.0 INSURANCE

Insurance requirements are set forth in Article 20 of the attached City Schools General Articles (Appendix B). The Entity shall submit with their Proposal a Certificate of Insurance that complies with § 19-116 of the Insurance Article, Maryland Annotated Code. The Baltimore City Board of School Commissioners should be named as Additional Insured on the Entity’s insurance and named as Certificate Holder. The Entity’s insurance shall be effective at time that the Entity submits its Proposal. If the Certificate of Insurance contains a minor irregularity, the Entity will be allowed five (5) business days to cure the minor irregularity or be determined non-responsive. The Insurance Certificate shall meet the insurance coverage required by Article 20 of the attached City Schools General Articles.

18.0 LIQUIDATED DAMAGES N/A

19.0 CRIMINAL BACKGROUND CHECK/FINGERPRINTING/PHOTO IDENTIFICATION

BADGE

Depending upon the type of services that the Entity performs and the Entity’s access to students and/or student records, the Entity’s (and its subcontractor’s) employees may be required to submit to a criminal background check and fingerprinting. Also, such employees may be required to obtain a photo identification badge. A full statement of these requirements is set forth in Article 18 (“Obligations Regarding Criminal Records of Individuals Assigned to Work in City Schools Facilities”) of the City Schools General Articles (Appendix B).

20.0 LIVING WAGE N/A

21.0 BONDING N/A

http://www.baltimorecityschools.org/

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22.0 TERMS AND CONDITIONS

City Schools plans to enter into a contractual agreement with the Entity, subject to these RFP General Terms and Conditions and the Special Conditions for this RFP (Appendix A). The Contract between City Schools and the Entity shall include the City Schools General Articles (Appendix B), unless modified in writing by City Schools.

In the event of conflict between the City Schools General Articles (Appendix B) and these General Terms and Conditions or the Special Conditions (Appendix A), the City Schools General Articles shall take precedence.

In the event of a conflict between this RFP and any of the terms and conditions proposed by any Entity or incorporated in any acknowledgement of Contract awarded to the successful Entity, then, and in such event, the terms and conditions stated herein shall take precedence, unless modified in writing by the Director of Procurement.

Any exceptions to City Schools’ terms and conditions are not binding unless they are: (i) negotiated and deemed mutually agreeable by the successful Entity and City Schools;

and (ii) memorialized in a binding agreement between the successful Entity and City Schools. Proposals must clearly identify any variances from, or exceptions or objections to: (i) the specifications in this RFP; (ii) each term and condition of the City Schools General Articles (Appendix B); (iii) these General Terms and Conditions; and (iv) the Special Terms and Conditions (Appendix A). In the absence of any response to the contrary, City Schools will conclude that the Entity agrees to and will hold the Entity strictly accountable to City Schools for: (i) the specifications in this RFP; (ii) each term and condition of the City Schools General Articles (Appendix B); (iii) these General Terms and Conditions; and (iv) the Special Terms and Conditions (Appendix A). City Schools is not required to negotiate changes to its terms and conditions, and Entities should note that any variance from the aforementioned terms and conditions may provide the basis for City Schools to reject the Entity’s Proposal. In particular, the following provisions are non-negotiable: (i) the Special Terms and Conditions (Appendix A); and (ii) the provisions set forth in the following Articles in the City Schools General Articles (Appendix B)—Articles 5 (“Entity’s Responsibilities”), 6 (“Subcontractors”), 10 (“Termination”), 11 (“Non- Appropriation”), 12 (“Disputes”), 13 (“Integrity, Ethics, and Conflicts of Interest”), 14 (“Publication and Publicity”), 15 (“Data Collection and Confidential Information”), 16 (“Intellectual Property”), 18 (“Obligations Regarding Criminal Records of Individuals Assigned to Work in City Schools Facilities”), 19 (“Indemnification and Liability”), 20 (“Insurance”), 21 (“Order of Precedence”), 23 (“Governing Law and Jurisdiction”), 24 (“Entire Agreement”), 25 (“Successors and Assigns”), 26 (“Guarantee”), and 27 (“Notice”).

In addition, any deviation by the awarded Entity, without prior documented approval, will be grounds for rejection of the Services or of any goods, and/or equipment when delivered.

23.0 STATE OF MARYLAND CERTIFICATE OF GOOD STANDING

Entities shall submit a State of Maryland Certificate of Good Standing or other State of Maryland issued documentation verifying the Entity is in Good Standing with the Department of Assessments and Taxation of Maryland and/or registered to do business in the State of Maryland. The Maryland Certificate of Good Standing must be issued no later than sixty (60) days prior to the Proposal Due Date. If the Certificate of Good Standing contains a minor irregularity, the Entity will be allowed five (5) business days to cure the

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This requirement applies to both Domestic and Foreign (out of state) Entities. Foreign entities should contact the State Department of Assessments and Taxation, 301 West Preston Street, Baltimore, Maryland 21201 at 888-246-5941, to determine and apply for the appropriate documentation.

24.0 UNNECESSARILY ELABORATE BROCHURES

Unnecessarily elaborate brochures or other presentations beyond those sufficient to present a complete and effective Proposal are not desired and may be construed as an indication of the Entity’s lack of cost consciousness. Elaborate artwork and expensive visual and other presentation aids are neither necessary nor wanted.

25.0 SERVICE LEVEL AGREEMENT

A service level agreement specifying the guaranteed uptime and describing credits for performance below this guaranteed level must be provided with your Proposal, and it must be at least as robust as the sample set forth below:

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SERVICE LEVEL AGREEMENT

To the extent that the Services provided by the successful Entity according to the terms of this Agreement awarded pursuant to this RFP constitute digital content to be provided through an online platform (“Digital Content Product”), this Service Level Agreement (“SLA”) governs the use of such Digital Content Product in accordance with the Agreement.

A. Definition. “Availability” shall mean the availability of the Digital Content Product for use by City Schools or City Schools Users to access, view, upload, and download content. The Entity shall use commercially reasonable efforts to make the Digital Content Product available with a Monthly Uptime Percentage of at least 99.9% during any calendar month. Subject to the SLA Exclusions, if the Entity does not meet the Service Level Commitment, City Schools will be eligible to receive a Service Credit.

Any unavailability of the Digital Content Product resulting from scheduled maintenance for which the Entity provided notice under Section 3 of this SLA will not be deemed to be non-Availability, except to the extent such scheduled maintenance time is in excess of four (4) hours in the applicable calendar month.

B. Measurement. Availability measurements of the Digital Content Product shall be performed by the Entity.

C. Service Level Commitment. During each calendar month, the Entity shall provide an average combined Availability of no less than 99.9%.

D. Incident Management Procedure. The Entity shall respond to an incident resulting in City Schools loss of use or functionality of the Digital Content Product (“Incident”) in accordance with time intervals and other requirements corresponding to the applicable Incident priority levels set forth in the below table. Incident priority levels will be reasonably determined by the Entity in a manner consistent with the below descriptions. City Schools shall provide commercially reasonable assistance to the Entity in connection with the Entity’s efforts to respond to an Incident.

E. Uptimes and penalties. Every month, the Entity will compare confirmed actual uptime to the targets described in the table below. In the event that actual uptime does not meet the targeted uptime, the following credits will be issued to City Schools, on a monthly basis.

Service Level based on the actual uptime

Remedial action/penalties

Above 99.95% Remedial action will be taken to address issues causing any downtime.

98.00 to 99.94% 10% credit of fee for affected calendar month will be posted to next billing cycle, and remedial action will be taken to address issues causing any downtime.

95.00 to 97.99% 25% credit of fee for affected calendar month will be posted to next billing cycle, and remedial action will be taken to address issues causing any downtime

93.00 to 94.99% 50% credit of fee for affected calendar month will be posted to next billing cycle, and remedial action will be taken to address issues causing any downtime

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Below 93% 100% and, at Authorized User’s sole discretion, termination of such Authorized User’s order

The Entity will provide an incident response and escalation schedule meeting the following minimum requirements:

Incident Priority Level Definition of Incident Priority Level

Response and Resolution Guarantees

Critical An incident causing application failure, downtime

Entity will respond to incident within 30 minutes and will resolve incident within 4 hours.

High An incident causing loss or failure of critical/essential functionality required to do business for which no temporary workaround is available

Entity will respond to incident within 2 hours and will resolve incident within 8 hours.

Medium An incident causing loss or failure of critical/essential functionality for which a temporary workaround is available

Entity will respond to incident within 4 hours and will resolve incident within 12 hours.

Low An incident causing loss of non-essential functionality for which a temporary workaround is available

Entity will respond to incident within 8 hours and will resolve incident within 24 hours.

Please Note: In the event that City Schools reports an Incident outside of the Entity’s normal business hours, the respective time for the Entity to respond to such Incident shall carry over to the next business day.

F. Notification. The Entity shall make available to City Schools monthly uptime data for City Schools to determine whether an unacknowledged non-Availability incident has occurred in the previous calendar month. To receive credit for a non-Availability incident that has not been acknowledged by the Entity, City Schools must notify the Entity within ten (10) business days after the end of the calendar month in which the non-Availability incident occurred and include therein the dates and times of each such incident.

G. Amounts. Unless otherwise mutually agreed upon by the Parties or otherwise stated in the

General Articles (Appendix B to the RFP; Attachment I to the Agreement), any and all remedies stated herein for any particular month shall not exceed the amount of the Agreement fee applicable for such month.