CHULA VISTA ELEMENTARY SCHOOL DISTRICT

PURCHASING DEPARTMENT

84 EAST J STREET, CHULA VISTA, CA 91910

REQUEST FOR PROPOSALS

For

EXPANDED LEARNING OPPORTUNITIES PROGRAM (“ELO-P”)

MANAGEMENT SOFTWARE SERVICES

RFP NO. 26/27-9

District Contact:

Laura McLin, Purchasing Director

Laura.Mclin@cvesd.org 84 East J Street

Purchasing Office, 800 Bldg.

Chula Vista, CA 91910

Request for Proposals Issued: October 9, 2026

Deadline for Submittal of Proposals: By 11 a.m. October 27, 2026 mailto:Laura.Mclin@cvesd.org

REQUEST FOR PROPOSALS FOR ELOP MANAGEMENT SOFTWARE

SERVICES

I. INTRODUCTION

The Chula Vista Elementary School District (“District” or “CVESD”) is seeking proposals from qualified firms to provide an Expanded Learning Opportunities Program (ELOP) Management Software platform, along with the professional services necessary to implement and support the system. The proposed software must meet the requirements set forth in this RFP and support the administration and management of the District’s Expanded Learning Opportunities Program in compliance with California Department of Education guidelines. The selected firm will provide CVESD with a comprehensive platform that supports program registration, scheduling, attendance tracking, student eligibility monitoring, and reporting for expanded learning services across District school sites. The system will enable efficient program oversight and data management and will be accessible to program providers, site administrators, and District staff responsible for coordinating and monitoring ELOP services.

Interested firms are asked to submit a recommended implementation plan and to clearly specify the areas where services will be provided, a proposed staffing plan indicating the quantity and types of software and human resources that will be provided/leveraged, and the roles and responsibilities of the District’s project team in the implementation process. Implementation plans should include, but are not limited to:

I.1. Software installation and configuration;

I.2. Applicable network and hardware requirements;

I.3. Technical architecture and proposed/available integration models (articulation of APIs, Web

Services, etc.);

I.4. Security architecture;

I.5. Data model;

I.6. Data conversions/integration

The District is interested in recommendations on how to implement best practices to ensure project success, knowledge transfer and positive system acceptance, while keeping project costs at reasonable levels.

To control the cost of the system, the District will make every reasonable attempt to use the software as proposed without modification. However, the proposal must also contain an estimated configuration and/or modification cost based on experience with other customers to effectively achieve the necessary District requirements, including rates and timeframes for development work as well as articulation of support and maintenance impacts.

The requirements contained in this RFP represent the District’s vision of how the platform will work. As such, we realize that the requirements may exceed the offerings currently available in the marketplace. For this reason, proposals will be evaluated in their entirety with attention to immediate functionality as well as flexibility to accommodate changing requirements and technology.

Proposals should clearly delineate how the software system can best satisfy the stated requirements of the District and how the implementation approach will minimize the risk of delayed implementation.

The District expects to consider only proposals demonstrating forward-thinking systems which will sustain the District well into the future. The application system is required to be an existing software system incorporating the operational functions described in this RFP.

A. Background

The Chula Vista Elementary School District (“District:”) was founded in 1892 and has grown to serve more than 28,000 primarily K-6 students across 50 school sites, including 5 dependent charter schools and three independent charter schools. The District encompasses the areas of Chula Vista, Bonita, Sunnyside, and South San Diego. The District provides high quality instruction, 21st century learning environments, visual and performing arts and other innovative partnerships.

B. Current Infrastructure

A successful software platform from a qualified Proposer shall integrate with CVESD’s ERP and SIS application systems including PowerSchool EschoolPlus.

II. GENERAL INSTRUCTIONS

Interested firms are invited to submit proposals for ELOP Management Software Services electronically through the Chula Vista Elementary School District’s PlanetBids vendor portal:

CVESD PLANETBIDS VENDOR PORTAL

Complete proposals, together with all required forms, attachments, and supporting materials, must be submitted through the PlanetBids vendor portal no later than 11:00 a.m. Pacific Time on Tuesday, October 27, 2026.

Firms must be registered in the District’s PlanetBids vendor portal and submit their proposals under the applicable solicitation in accordance with the portal’s submission instructions. Proposal documents shall be submitted in PDF format unless otherwise specified in this RFP.

It is the firm’s sole responsibility to ensure that its complete proposal is successfully submitted through PlanetBids before the deadline. Firms should allow sufficient time to register, upload all required documents, and complete the electronic submission process. Uploading documents alone does not constitute a completed submission. Firms are responsible for confirming successful submission through the portal.

Late proposals, including corrected or resubmitted proposals received after the deadline, will not be accepted.

Hard-copy, hand-delivered, mailed, emailed, faxed, or thumb-drive submissions will neither be accepted nor considered.

This Request for Proposals does not commit the District to award a contract or pay any costs incurred in preparing or submitting a proposal. The District reserves the right to accept all or part of any proposal, reject any or all proposals, or cancel this RFP in part or in its entirety. The District further reserves the right to select the proposal it determines to be in the District’s best interest.

All requirements must be addressed in the proposal. Non-responsive proposals will not be considered. All proposals and supporting materials submitted, whether selected or rejected, shall become the property of the District. Firms are responsible for monitoring the applicable solicitation in the District’s PlanetBids vendor portal for updates, revisions, and addenda and for acknowledging all addenda as required.

The District will consider and evaluate proposals from firms capable of providing both the software and services requested. Proposals must address all components of this RFP. A proposal that addresses only a portion of the requirements will be deemed non-responsive.

Requests for Information

All questions or Requests for Information (RFIs) related to this RFP must be submitted through the Chula Vista Elementary School District’s PlanetBids portal no later than 5:00 p.m. on Tuesday, October 20, 2026. The PlanetBids portal can be accessed through the District’s Bids webpage at Bids - Chula Vista Elementary School District. Proposers should reference “RFP for ELOP Management Software Provider” when submitting inquiries.

Responses to all questions received will be posted through the PlanetBids portal. All communication regarding this Request for Proposals during the submittal preparation and evaluation period must be conducted exclusively through the PlanetBids portal. Communication with any District employee regarding this RFP outside of the PlanetBids portal is strictly prohibited and may result in disqualification from the solicitation process.

In the event a firm has contact with any official, employee or representative of the District in any manner https://vendors.planetbids.com/portal/82400/portal-home https://www.cvesd.org/departments/business-services/purchasing-warehouse-publications/bids https://www.cvesd.org/departments/business-services/purchasing-warehouse-publications/bids contrary to the above requirements, said firm may be disqualified from further consideration.

Submission Format

The proposal must, at minimum, address all mandatory and desired services, equipment, material, etc.

Responses will fully describe how the services will be performed and any other information helpful in the decision-making process.

III. SCOPE OF SERVICES

1. Implementation:

a. The Contractor shall provide implementation services to configure and deploy an Expanded Learning Opportunities Program (ELOP) Management Software platform for the District. The system shall support the administration, enrollment, attendance tracking, communication, and reporting requirements associated with the District’s expanded learning programs across all school sites.

b. The Contractor will collaborate with CVESD staff to configure system settings, establish program site structures, and build the centralized student enrollment database for the District’s expanded learning programs, including but not limited to LEAD HUB, AM Programs, PM Programs, and Academy Intersession programs.

c. The Contractor shall support the migration or setup of program data including site information, activity sessions, staff access roles, and registration forms.

d. The Contractor shall configure a centralized data architecture that maintains a single master database of all student registration, attendance, and participation data across all District sites.

e. The Contractor shall provide an implementation timeline outlining major milestones including system configuration, data setup, training, testing, and full system deployment.

f. Implementation will begin in the 2026-27 fiscal year to be ready for programmatic needs in the 2027-28 school year. Full implementation is expected by April 1, 2027.

2. Training and Materials:

a. The Contractor shall provide training and onboarding support for District administrators, site supervisors, and program staff responsible for managing ELOP activities.

b. Training shall include instruction on registration management, roster management, attendance tracking, reporting functions, parent communication tools, and administrative system controls.

c. The Contractor shall provide training materials, documentation, and user guides for all relevant user roles.

d. The Contractor shall provide ongoing technical support and help desk services and describe support hours, methods of contact (e.g., email, phone, or live chat), and expected response times.

e. The Contractor shall provide access to live support tools within the platform, such as a real-time help chat feature.

3. Registration & Enrollment Functionality:

a. The system shall provide a web-based registration portal with mobile accessibility that allows parents/guardians to browse available programs through a dashboard-style interface displaying activities, program descriptions, and enrollment availability.

b. The system shall support the creation and management of student profiles associated with each school site while maintaining a centralized District database.

c. The platform shall allow the District to build customizable digital registration forms including waiver forms, permission slips, and other program documentation with digital signature capability.

d. The system shall support multi-child or sibling registration under a single parent account, allowing shared contact data to automatically populate across multiple applications.

e. The system shall prevent duplicate applications or registrations for the same activity.

f. The system shall prevent enrollment conflicts by restricting students from enrolling in overlapping activities occurring during the same date and time.

g. The platform shall include automated waitlist management features including automated notifications when enrollment status changes.

h. The system shall allow District staff to transfer students between rosters and waitlists individually or in bulk.

i. The system shall track enrollment status and allow communication to parents regarding enrollment outcomes including acceptance, waitlist placement, or program updates.

j. The system shall capture required parental consents including transportation authorization, media release permissions, and emergency contact information.

k. The platform shall allow parents to access and edit submitted application data through a secure portal until a District-defined administrative cutoff date.

l. Authorized District administrators shall have the ability to override and update application information when requested by parents or guardians.

m. The system shall support enrollment tracking by demographic subgroup including but not limited to English Learner (EL), Foster Youth, Free and Reduced-Price Meals (FRPM), and McKinney-Vento status.

4. Program & Participant Management:

a. The platform shall provide tools to create and manage program sessions, activities, time blocks, and site assignments.

b. The system shall allow administrators to establish participant limits for individual activities or programs.

c. The system shall maintain student information dashboards containing participant profiles and key information such as emergency contacts, authorized pickups, allergies, and medical alerts.

d. The system shall provide automated notifications when student profile information is modified.

e. The system shall support the use of dynamic merge tags for automated communications.

f. The platform shall allow administrators to generate and send customized communications to parents and guardians following enrollment actions.

g. The system shall maintain centralized records for authorized pickup individuals and allow parents to update authorized pickup lists in real time through the parent portal.

5. Attendance Tracking & Safety Management:

a. The system shall support real-time student attendance tracking through mobile devices or tablets using barcode scanning, QR codes, or manual entry.

b. The platform shall record student check-in and check-out times and maintain records identifying the staff member or parent/guardian responsible for the action.

c. The system shall support offline attendance tracking functionality with automatic synchronization once internet connectivity is restored.

d. The system shall capture digital parent/guardian signatures during student pickup and store those signatures in the student’s record for audit purposes.

e. The platform shall provide automated parent notifications when a student is checked in or checked out of a program.

f. The system shall maintain emergency contact and authorized pickup information that is accessible in offline mode for emergency preparedness.

g. The system shall allow administrative override of check-out restrictions during emergency situations while maintaining a full audit trail.

h. The system shall monitor staff-to-student ratios and provide real-time dashboards displaying ratio compliance at program sites.

6. Communication & Engagement Tools:

a. The system shall support mass communication capabilities including email, text messaging, and automated phone notifications.

b. Communication tools shall support notifications related to enrollment status, attendance alerts, upcoming enrollment periods, and urgent emergency messaging.

c. The platform shall support automated attendance notifications and reminders related to program participation requirements.

d. The system shall provide integrated survey tools to collect feedback from parents, students, and staff.

7. Data Management & Reporting:

a. The platform shall provide comprehensive reporting tools that allow administrators to generate customizable reports based on enrollment, attendance, demographic data, and program participation.

b. The system shall support districtwide waitlist searches enabling staff to locate enrollment status across all sites.

c. The system shall allow batch export of participant documents and registration packets in PDF format.

d. The platform shall support bulk data export of enrollment and attendance data into common formats such as CSV or spreadsheet files for analysis.

e. The system shall provide dashboards at both the site and District levels displaying enrollment, attendance, and participation metrics.

f. The system shall allow filtering and reporting based on grade level, school site, demographic subgroup, and program participation.

g. The system shall support compliance reporting for California Department of Education Expanded Learning Opportunities Program requirements, including Average Daily Attendance (ADA) calculations where applicable.

h. The District requires the platform to include pre-built, CALPADS-ready reports that can be generated using student, and program data already entered into the system. Reports should align with current and future CALPADS reporting requirements and file specifications, minimizing manual data entry and preparation.

i. The system shall maintain a complete audit trail documenting changes to enrollment and attendance records including timestamps and user identification.

8. Administrative & Security Controls:

a. The platform shall provide role-based access controls allowing administrators to assign user permissions based on job responsibilities.

b. The system shall allow District administrators to access and manage data across all school sites through a single login portal.

c. The platform shall allow site supervisors to access only the programs and data associated with their assigned school site.

d. The system shall provide administrative tools allowing District staff to reset user passwords and manage user access.

e. The system shall include security features designed to prevent unauthorized access to student information and maintain compliance with applicable student data privacy regulations.

f. The system shall maintain full change-tracking logs documenting all edits or updates to system data.

9. System Integration & Technical Requirements:

a. The proposed platform shall support integration with the District’s Student Information System (SIS) to allow for the automated import and synchronization of student enrollment and demographic data. Proposers shall describe available integration methods including Application Programming Interfaces (APIs), secure file transfers, or other automated data exchange mechanisms.

b. The system shall support automated data synchronization processes to ensure that student enrollment status, demographic information, and school site assignments remain accurate and current within the platform.

c. The Contractor shall describe the methods used to securely import data from external systems and the available tools for data validation and error handling during data transfers.

d. The system shall provide the ability to export data to external systems using commonly accepted formats such as CSV, XML, or spreadsheet files.

e. Proposers shall describe available authentication options and supported standards.

f. The Contractor shall describe the system architecture, including whether the platform is cloud-hosted, vendor-hosted, or requires on-premise infrastructure. If a third-party cloud hosting provider is used, the proposer shall identify the hosting provider and describe relevant security and redundancy measures.

g. The Contractor shall describe system uptime guarantees, service-level agreements (SLAs), and procedures for system maintenance and downtime notifications.

h. The Contractor shall describe backup and disaster recovery procedures, including data backup frequency, recovery timelines, and procedures for restoring data in the event of system failure.

i. The Contractor shall describe how system updates, upgrades, and software patches are deployed, including the expected frequency of updates and the potential impact on system availability.

j. The Contractor shall describe data security protocols used to protect student information, including encryption methods, access controls, and compliance with applicable student data privacy laws such as the Family Educational Rights and Privacy Act (FERPA).

IV. PROPOSAL SCHEDULE

The following is an estimated schedule relating to this RFP and is not binding on the District.

Activity Date Questions Deadline By 5 p.m. October 20, 2026

Response to Questions Released By 1 p.m., October 22, 2026

Proposal Submission Deadline By 11 a.m. October 27, 2026

Interviews November 2, 2026

Notice of Intent to Award November 5, 2026

Board of Trustees Approval November 18, 2026

Note: The District reserves the right to make modifications to the estimated schedule outlined above.

V. PROPOSAL CONTENTS

Each proposal shall include a description of the type, technical experience, background, qualifications and expertise of the firm as described in this RFQ/P including, but not limited to, the Scope of Services included.

The description shall show that the firm possesses the demonstrated skills and professional experience to perform the general functions requested and fulfill the goals and vision of District. Proposals shall contain the following:

1. Executive Summary Provide an overview of the entire solution describing the general approach or methodology the firm will use to meet the goals and fulfill the general functions as set forth in this RFP.

2. Table of Contents

3. Identification of the Proposer

Please provide full identification and company contact information to include:

a. Legal name and address of the company.

b. Legal form of the company (corporation, partnership, etc.).

c. Subsidiaries and affiliations.

d. Address and phone number of the office that will be primarily responsible for providing services for this Proposal.

e. Business License Number(s)/Classification(s).

f. Contact name, title, email address and phone number.

4. Statement of Qualifications and Experience Include a narrative describing the proposer’s experience with County or school districts similar to the one proposed in this RFP.

a. Please describe the staffing resources of the firm and those that will be assigned to this project. Indicate the role and responsibility of each individual and provide brief biographies of individuals working directly with the District. Identify the quantity of dedicated representatives to support the District and methods for recruiting additional support to meet expanding needs.

b. Provide sample documents including Software License Agreement. Provide a copy of your proposed software license agreement. Software licensing agreements are subject to the District’s legal review, approval, and amendment. Indicate if your software licensing agreement is for an unlimited number of users, or if the cost varies based on the number of users, and if so, in what way. Identify any additional licensing that will be needed (MS windows clients, SQL, etc.).

c. State the number of years the firm has conducted business. Firm must have at least five (5) years of experience in providing the required scope of services for public clients, preferably California school districts.

d. Describe any experience with providing services for California school districts. Include the name and description of the project.

e. Include customer references for three (3) school district customers including customer name, scope of project, dates firm provided services, contact name, contact address, contact phone number, and contact email address.

5. Background

Please provide a description of how the firm’s experience, technical and professional skills will meet the goals and fulfill the general functions identified in this RFP. If any of the following has occurred, please describe in detail:

a. Failure to enter into a contract or professional services agreement once selected.

b. Withdrawal of a proposal.

c. Termination or failure to complete a contract.

d. Debarment by any school district, municipal, county, state, federal, or local agency.

e. Involvement in litigation, arbitration, or mediation. Provide litigation history for any claims filed by your firm or against your firm related to the intended scope of work as it relates to the RFP in the last five (5) years.

f. Conviction of the firm or its principals for violating a state or federal antitrust law by bid or proposal rigging, collusion, or restrictive competition between bidders or proposers, or conviction of violating any other federal or state law related to bidding or professional services performance.

g. Knowing concealment of any deficiency in the performance of a prior contract.

h. Falsification of information or submission of deceptive or fraudulent statements in connection with a contract.

i. Willful disregard for applicable rules, laws or regulations.

6. Cost Provide an itemized description of the price associated with each task described in Section III – Scope of Work.

VI. EVALUATION CRITERIA AND PROCEDURES

Stage One

Proposals may be subjected to a two-stage evaluation and selection process. The first stage will begin with a review of the responses to the proposal by a Selection Advisory Committee. A proposal must address all requirements outlined in the RFP to be considered. Evaluation criteria will include:

Criteria Value

Platform Operability and Functionality 25

Integration with Other Systems 25

Staff Qualifications, Experience, References 20

Cost 20

Addresses Criteria of RFP 15

Interview 15

TOTAL: 120

Each submittal will be scored by an evaluation committee comprised of individuals from inside the District. A short list of proposals will move into the second stage of the evaluation.

Stage Two

The finalist proposals will be subjected to a more detailed second stage evaluation that will include demonstrations. In addition to demonstrating functionality and business processes performed using the system, the firm will be required to describe and demonstrate their technology and proposed hardware/software deployment strategy.

This is a negotiated procurement and, as such, the contract will not necessarily be awarded to the firm submitting the lowest priced proposal. Award will be made to the firm submitting the best responsive proposal satisfying the District’s requirements, price, and other factors considered. As with any service acquisition, cost is a major consideration. It is vitally important that the District gets value for its investment and is able to demonstrate this to its constituency.

CVESD reserves the right to conduct negotiations or to award a contract without negotiations. Terms, conditions, prices, methodology, or other features of the firm’s response may be subject to negotiation and subsequent revision. As part of the negotiations, the firm may be required to submit supporting financial, pricing and other data in order to allow a detailed evaluation of the feasibility, reasonableness, and acceptability of the response.

Proposals and records relating to this RFP, including proposer names, interview selections, and evaluation scores, are subject to the California Public Records Act (Government Code section 7920.000 et seq.) and other applicable law. The District will disclose such records only to the extent required by law and will withhold or redact information for which a legally applicable exemption or prohibition on disclosure exists.

Proposers claiming that specific information is exempt from disclosure must clearly identify that information and provide the legal basis for the claimed exemption. A confidentiality designation alone does not establish an exemption, and the District cannot guarantee confidentiality. The District will determine disclosure obligations in accordance with applicable law.

Firms not selected will be notified in writing following completion of the selection process.

ATTACHMENT “1”

NON-COLLUSION DECLARATION

TO BE EXECUTED BY PROPOSER AND SUBMITTED WITH PROPOSAL

Public Contract Code Section 7106

The undersigned declares:

I am the____ of ____, the party making the foregoing proposal.

The proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The proposal is genuine and not collusive or sham. The proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal. The proposer has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or to refrain from proposing. The proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer. All statements contained in the proposal are true. The proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof, to effectuate a collusive or sham proposal, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a proposer that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the proposer.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ___________[date], at _______________________[city], _____________[state].

Date: ______________________________________________________________

Proposer’s Proper Name: ______________________________________________________________

Signature: ______________________________________________________________

Print Name: ______________________________________________________________

Title: ______________________________________________________________

END OF DOCUMENT

ATTACHMENT “2”

STANDARD AGREEMENT

MEMORANDUM OF UNDERSTANDING

BETWEEN

[INSERT NAME] AND THE

CHULA VISTA ELEMENTARY SCHOOL DISTRICT

This Technology Services Agreement (“Agreement”) is made and entered this ____ day of , 20 between (hereinafter referred to as “Contractor”) and the Chula Vista Elementary School District (hereinafter referred to as “District”, together with Contractor, “Parties”).

1. Purpose. The District requires [INSERT NEED]. Contractor provides hardware, software, and/or services. This Agreement authorizes Contractor to provide the hardware, software, and/or services described in this Agreement.

2. Scope of Work. Contractor shall provide services in accordance with Exhibit A, Statement of Work, which is attached hereto and made a part hereof by this reference. The performance of these duties shall be at times and places within the limits of District policy and in consultation with the District. Contractor shall not substitute any hardware, software, and/or services unless the District agrees, in writing, to the substitution.

3. Contractor’s Fee. The District shall pay Contractor for the hardware, software, and/or services described in this Agreement, the sum not to exceed ________________. [INSERT BILLING TERMS, I.E., Contractor shall submit monthly invoices to the District.] The District shall make payment within forty-five (45) days of receipt of properly prepared and submitted invoices and such payment shall be submitted pursuant to the Notices section of this Agreement. Unless specifically noted otherwise in this Agreement, the District shall not be: (1) liable for any Contractor fees and/or expenses; (2) responsible for labor, supplies, materials, tools, or any other items necessary to perform the services described in this Agreement; and/or (3) any shifts in hardware, materials, labor or other costs. In the event Contractor sells the same or similar hardware, software, and/or services provided to the District under the terms of this Agreement to another educational institution at a lower fee, the contract price described herein shall be reduced to the same rate charged to that other educational institution as of the date of the sale to that other educational institution and for the remainder of the contract, unless such price is sold to the same or another educational institution for a lower price, in which case the fee shall be reduced accordingly for the remainder of this Agreement. The fee reduction process described in this paragraph will repeat itself as many times as other educational institutions receive fees below that charged to the District under this Agreement.

4. Billing. Contractor shall submit invoices in accordance with the schedule described in section 3. The effective date of the invoice shall be the date of receipt by the District. Invoices should clearly reflect rates as described in this Agreement.

Contractor shall submit said invoice for the hardware, software, and/or services no later than thirty (30) days after the provision of the same. If the District does not receive a properly submitted invoice within thirty (30) days from the date the services were provided, the District may deduct 1.5% per month, calculated proportionately per day, of the total invoice, unless Contractor requests an extension in writing and the District provides its written consent to such request..

5. [OPTIONAL] Implementation Schedule. The Implementation Schedule shall be estimated as follows: [INSERT SCHEDULE OR ATTACH AS AN EXHIBIT]. Contractor shall deliver all hardware, software, and/or services in accordance with this Implementation Schedule. The final project schedule shall be mutually confirmed and agreed to by Contractor and the District on or before [DATE]. Revisions to the Implementation Schedule shall only be made in writing and with the approval of the District.

6. Term of Agreement. The term of this Agreement shall be from _______ to ________, unless terminated earlier pursuant to the terms of this Agreement. Neither the District nor Contractor is required to renew this Agreement in subsequent years.

Any subsequent agreement is to be renegotiated prior to June 30 of each year. The Agreement has no force or effect until approved or ratified by the District’s Board of Education.

7. Delivery. Contractor shall deliver all hardware, software, and/or services at its sole expense and in accordance with the District’s written instructions. At the time of such delivery and acceptance by the District, all hardware rights, title, and interest shall transfer to and vest in the District and shall not be encumbered in any way including, but not limited to, any lien, security, or any other form of interest. At the time of delivery of any software, the District shall receive a license to use such software and agrees that the software may be copyrighted and proprietary. The District further agrees not to copy said software unless authorized to do so by Contractor and/or the software license. Contractor shall properly package all hardware and/or software. The District may reject any improperly packaged deliveries. Contractor shall be responsible for any and all damage that occurs to any hardware and/or software prior to delivery of the same to the District and shall be responsible for curing any District-rejected hardware and/or software at its sole expense, including shipping costs, and as quickly as reasonably possible. The District shall not unreasonably reject delivery of any hardware and/or software. The terms of this paragraph survive termination of this Agreement.

8. [OPTIONAL] Training. Contractor will provide training to all District-designated staff. Such training will, at the District’s election, be provided in-person or through an internet-based presentation system.

9. [OPTIONAL] Technical Support. Contractor shall provide technical support to District staff who require such assistance.

Technical support shall be made available through live operators who shall be available between the hours of 7:00 a.m.

through 6:00 p.m. Pacific Standard Time, on days that the District’s Education Support and Services Center is open for business. The District may, but is not required to, designate a representative or representatives to seek technical support, as needed. All such technical support shall be part of, and not in addition to, Contractor’s fee. [CONSIDER WHETHER

SUPPORT SHOULD BE A SEPARTE COST ITEM.]

10. [OPTIONAL] Maintenance and Software Licensing. Contractor agrees to provide maintenance services related to the hardware and/or software provided to the District under the terms of this Agreement. Such maintenance shall include, but may not limited to, providing the District with the correction of any and all defects by repair, replacement, or other corrections that may be necessary to ensure the hardware and/or software performs the task(s) for which they have been purchased by the District. Unless stated otherwise in the attached Statement of Work, Contractor grants the District a perpetual license including access to software updates for a period of [X] years.

11. Qualified, Trained, Certificated, and Licensed Personnel. Contractor shall provide the hardware, software, and/or services under this Agreement by appropriately trained, qualified, and, if applicable, certified and licensed staff. Contractor shall be responsible for verifying qualifications, providing training, and monitoring all staff certification at its own expense.

Contractor shall provide the District with copies of any applicable certifications, licenses, and any applicable waivers for all staff providing services under this Agreement. Contractor shall notify the District, in writing, of any change in any staff member’s certification or licensure no later than thirty (30) days following the change.

12. [OPTIONAL] Warranty. Contractor warrants that all hardware shall meet all applicable Federal Communications Commission and/or Underwriters Laboratories requirements. Contractor warrants that all hardware shall not contain harmful substances that exceed any and all applicable laws and/or regulations. Contractor provides the warranties described in Exhibit B – Warranties, which are incorporated herein by this reference. All additional warranties, including limited warranties, related to the hardware, software, and/or services provided pursuant to this Agreement shall extend to the District.

Any devices and/or software issued pursuant to this Agreement that becomes wholly or partially inoperable or unusable for its intended purpose shall be repaired and/or replaced within [XX] hours of the District’s notification to Contractor of the need for such repair or replacement.

13. Compliance with Laws. During the term of the Agreement, Contractor and the District shall comply with all applicable federal and state laws and regulations, including those not expressly referenced in this Agreement. Contractor shall further comply with any and all applicable District Board Policies and Administrative Regulations (available through the District’s website.) In the event Contractor retains a subcontractor or subcontractors to provide any services described in this Agreement, Contractor agrees that each subcontractor will comply with the terms of this Agreement, including this section.

a. Nondiscrimination. Contractor shall not discriminate based on actual or perceived disability, medical condition, marital status, pregnancy, gender, gender identity, gender expression, genetic information, nationality, age, race, ethnicity, ancestry, national origin, color, religion, sex, sexual orientation, military or veteran status, any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code, or any other classification protected by federal or state laws in employment or operation of its programs. Contractor agrees to maintain a nondiscrimination policy and procedure, pursuant to Title 5 of the California Code of Regulations section 4930. Contractor agrees to comply with all District Board Policies (“BP”) and Administrative Regulations (“AR”) to the extent possible including, but not limited to, BP 0410 and 5145.3.

b. Sexual Harassment Policy. Contractor shall have a written policy on sexual harassment in accordance with state and federal regulations and guidelines. Such policy shall comply with the requirements imposed by California Education Code section 231.5.

c. [OPTIONAL – USE WHEN SUBJECT MATTER DOES OR COULD RELATE TO TITLE IX.] Title IX. Contractor shall comply with Title IX of the Education Amendments of 1972, 20 U.S.C. section 1681 et seq.and maintain a Student Grievance Procedure in compliance with Title IX.

d. Student Discipline. Contractor agrees to comply with and enforce District standards of student conduct.

e. Health Insurance Portability and Accountability Act (“HIPPA”). Contractor shall comply with HIPAA and shall provide Notice of Privacy Practices in compliance with HIPPA. In the event Contractor qualifies as a “Business Associate” under HIPAA, Contractor shall comply with any and all HIPAA Business Associate requirements.

14. Right to Withhold. The District has the right to withhold payment to Contractor when the District has reliable evidence, described in writing to Contractor at the time notice of withholding is submitted, that Contractor has materially breached this Agreement. The District shall notify Contractor in writing, pursuant to the Notices section of this Agreement, of any reason why requested payment shall not be paid. Within fourteen (14) days from the date of receipt of such notice, Contractor shall take all necessary and appropriate action to correct the deficiencies that form the basis for the District’s withholding payment.

Contractor shall submit rebilling for payment no later than thirty (30) calendar days when an invoice is returned to Contractor with a notice of withholding following correction of the noted deficiencies. If Contractor does not resubmit sufficient rebilling or verify remediation within thirty (30) calendar days, that shall constitute reason to continue to withhold payment unless and until Contractor resubmits the invoice and corrects the noted deficiencies. Nothing in this paragraph limits the District’s right to terminate this Agreement as described herein.

15. Audit and Inspection of Records. Contractor shall maintain, and the District shall have the right to examine and audit, all of the books, records, documents, accounting procedures and practices and other evidence regardless of form or type, sufficient to properly reflect all costs claimed to have been incurred or anticipated to be incurred in performing this Agreement.

Contractor shall make said evidence available to the District, at the District or its consultant’s offices, at all reasonable times and without charge to the District. Said evidence/records shall be provided to the District within five (5) working days of a written request from the District. Contractor shall, at no cost to the District, furnish assistance for such examination/audit.

Contractor, and its subcontractors, shall keep and preserve all such records for a period of at least three (3) years from and after the final payment or, if the Agreement is terminated in whole or in part, until three (3) years after end of the Agreement.

The District’s rights under this section shall also include access to Contractor’s offices for interviewing Contractor’s employees. Failure of Contractor to provide records or access within the time requested shall preclude Contractor from receiving any payment due under this Agreement until such evidence/documents are provided. The terms of this paragraph survive termination of this Agreement.

16. Confidentiality. All communications and information obtained by Contractor from the District related to this Agreement is confidential. Except as provided in Section 17, without the prior written consent of an authorized representative of the District, Contractor shall neither divulge to, nor discuss with, any third party either the work and services provided hereunder, or any communication or information in connection with such services or work, except as required by law. Contractor shall not use any communications or information obtained from the District for any purpose other than the performance of this Agreement, without District’s written prior consent. Except as identified in Section 18, at the conclusion of the performance of this Agreement, Contractor shall return to the District all written materials and/or electronic data constituting or incorporating any communications or information obtained from the District in the performance of this Agreement. In the event Contractor maintains any electronic files related or necessary to the performance of this Agreement, Contractor shall delete such files after returning the same to the District [CONFIRM]. Upon the District’s specific written approval, Contractor may retain copies of such materials, subject to the requirements stated herein. Contractor’s obligation of confidentiality shall survive termination of this Agreement.

17. Disclosure to Subcontractor. Contractor may disclose to any subcontractor, or District approved third parties, any information otherwise subject to Section 18 that is reasonably required for the performance of the subcontractor’s work.

Prior to any such disclosure, Contractor shall obtain the subcontractor’s written agreement to comply with the requirements of Section 18 and shall provide a copy of such agreement to the District.

18. Ownership of Work Product. Except for all Contractor books, manuals, and materials (“Contractor Materials”), all products of work created pursuant to this Agreement, such as, among other things, District notes, charts, student records, and similar materials, will be the sole property of the District and no reproduction of any portions of the work product may be made in any form without the express written consent of the District. Contractor Materials may be copyrighted and/or trademarked.

Contractor retains all rights related to all Contractor Materials and nothing in this paragraph limits Contractor’s rights related to any copyright and/or trademark.

19. Data Privacy. Contractor shall comply with the requirements of Business and Professional Code sections 22580 through 22585. Contractor shall process and store all data in accordance with commercial best practices, including the use of appropriate safeguards to protect such data from unauthorized access, use, alteration, or disclosure.

20. [OPTIONAL] Pupil Records. Contractor agrees to comply with the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. section 1232g, and related California law, codified at Education Code section 49060 et seq. and implement adequate safeguards to ensure compliance with FERPA and related California law. Pupil records obtained by Contractor from the District continue to be the property of, and under the control of, the District including all metadata related to the same. For the purpose of this Agreement, the term “pupil records” includes any information directly related to a pupil that is maintained by the District or acquired directly from the pupil through the use of instructional, hardware, software, or applications assigned to the pupil by a teacher or other District employees. The term “pupil records” does not include de-identified information (information that cannot be used to identify an individual pupil in the school community) used by the third party: (1) to improve educational products for adaptive learning purposes and for customized pupil learning; (2) to demonstrate the effectiveness of the operator’s products in the marketing of those products; or (3) for the development and improvement of educational sites, services, or applications. Contractor shall take actions to ensure the security and confidentiality of pupil records, including but not limited to designating and training responsible individuals on ensuring the security and confidentiality of pupil records, by the following measures: (a) limiting access to the learning platform services to only those who possess an individualized user name and password; (b) use of Secure Socket Layer (SSL) encryption when storing information on Licensor’s servers; (c) [INSERT ANY OTHER ADDITIONAL PROCEDURES]. Contractor shall not use any information in a pupil record for any purpose other than those required or specifically permitted by the Agreement and shall, under no circumstance, sell or share pupil records to any entity not covered by this Agreement.

21. [OPTIONAL] Student Access to Pupil Records. Students shall retain possession and control of their own pupil-created content by: (a) maintaining control and security of the assigned individualized user name and password assigned to the pupil;

(b) compliance with the terms and conditions of this Agreement; (c) [INSERT ANY ADDITIONAL PROCEDURES].

Students may transfer pupil-generated content to a personal account by [INSERT PROCEDURE].

22. [OPTIONAL] Correction of Pupil Records. Parents, legal guardians, or eligible students may review personally identifiable information in the student’s records and correct erroneous information by the protocols described in District Board Policy 5125, District Administrative Regulation 5125, California Education Code section 49070 et seq., and [INSERT PROCEDURE]. Contractor agrees to cooperate in making such information available for review and revision in accordance with the foregoing authorities.

23. [OPTIONAL] Unauthorized Disclosure of Pupil Records. In the event of an unauthorized disclosure of a pupil’s record(s), Contractor shall report to an affected parent, legal guardian, or eligible pupil in accordance with California Civil Code section

1798.29 and all other applicable laws and regulations.