RFP 4135 Financial Advisor and Underwriting Services Final.docx

REQUEST FOR PROPOSAL

For Financial Advisor and Underwriting Services

THIS IS NOT AN ORDER

Revisions to this request for proposal, including due date, may be made by an official written amendment issued by Purchasing Services. Please check whether any amendments have been issued prior to submitting a proposal and do not submit a proposal before the School District issues its formal response to questions about the RFP.

Correspondence must reference the proposal number.

PROPOSAL NUMBER: 4135

ISSUE DATE: December 18, 2024

DUE DATE: January 27, 2025 - 2:00 PM (CST)

IF NOT PROPOSING, please check here and return this cover page only.

The original proposal may be submitted via US mail, hand delivery or a delivery service and must be received by PBPA - Room 200A at 545 W Dayton Street, Madison, WI 53703. Proposals not date/time stamped by PBPA - Room 200 (608) 204-7819 staff by the posted date and time shall be considered late and shall be rejected.

Any entity submitting a proposal has no enforceable right to amend its proposal after the submission deadline.

The MMSD is exempt from Federal Excise and Wisconsin State Sales tax.

By signing this proposal, we certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a proposal; that this proposal has been independently arrived at without collusion with any other proposer competitor or potential competitor; that this proposal has not been knowingly disclosed prior to the opening of proposals to any other proposer or competitor; that the above statement is accurate under penalty of perjury.

SIGNATURE:

DATE:

TYPE or PRINT NAME:

TITLE:

TELEPHONE NUMBER:

FEIN or TAX ID NUMBER:

FAX NUMBER:

EMAIL ADDRESS:

Table of Contents

1. General Information

1.1. Introduction and background

The purpose of this document is to provide interested parties with information to enable them to prepare and submit a proposal for Financial Advisor and Underwriting Services. The District as represented by Planning, Budget, Purchasing, and Accounting intends to use the results of this solicitation to award a contract obtaining Financial Advisor and Underwriting Services.

Approximately 25,500 students, about 60% of which are minority, are currently enrolled in the Madison Metropolitan School District (District), making it the second largest school district in the State of Wisconsin. The District employs 2,664 teachers, 141 administrators and 1,382 support personnel, plus 2,200 part time staff (including substitute teachers and summer recreation workers). The District includes 52 school buildings in a 72 square mile area that includes the City of Madison and all or parts of several surrounding municipalities, with 33 elementary schools (grades 4K through 5) 12 middle schools (grades 6 through 8) and 6 high schools, one of which is a small alternative high school (grades 9 through 12). Several of the schools at each level have been named National Schools of Excellence by the U.S. Department of Education. The District also operates early childhood programs and alternative programs for middle and high school students as well as maintaining additional sites such as the Administration Building, the Maintenance/Food Service Building, the Mansfield and Lussier Stadiums, and the Affiliated Alternatives.

Madison Metropolitan School District believes every school should be a thriving school that prepares each student to graduate from high school ready for college, career and community. We strive to ensure that students are on-track to graduate, that every student has access to a challenging and well-rounded education, and that students, families and employees experience a positive school and district climate. The District’s strategic framework recognizes the following priorities in working toward the realization of our vision: 1) Empower School Communities – We will empower principals along with school teams, providing them the resources, flexibility and integrated support necessary to collaboratively create strategies with students, staff and families that accelerate student progress; 2) Invest In People – We will commit to investing in and fully supporting our staff, with a focus on anti-racist, culturally responsive and inclusive teaching and powerfully aligned hiring, placement, induction, professional growth, coaching and evaluation practices; 3) Streamline Priorities – We will focus the work of the central office team on breaking down systemic barriers and filling gaps in access, services and resources; 4) Plan for the Future – We will think and plan long-term in partnership and collaboration with our students, families, staff and the larger Madison community.; and 5) Embrace Innovation – To address challenges without clear solutions, we will adopt new mindsets toward risk-taking and support people in bold, new and innovative work within the classroom and beyond.

(MMSD’s Strategic Framework can be found at: https://www.madison.k12.wi.us/about/strategic-framework) Because of the District’s sound financial management practices, Madison Metropolitan School District is one of only a few Wisconsin districts to have an “Aa1” bond rating.

1.2. Scope

1.2.1. Project Description

The firm will assist the District in the analysis, structure, issuance, and management of existing and future debt. The firm may also be called upon to provide other financial services deemed necessary by the District, including underwriting services.

Near term needs include:

· Possible new debt issues for future improvements to District facilities up to $507 million beginning in 2025

1.2.2. The following is a listing of the services that the District expects to receive.

1.2.2.1. Assist the District in evaluating alternative mechanisms for financing capital improvements and/or ongoing expenses

1.2.2.2. Make recommendations to the District for structuring proposed new or refunded debt issues, such as current indebtedness, available revenue support, anticipated market response, and statutory constraints - including term of the debt, amortization schedule, amount of discount, call provision/features, and credit enhancement.

1.2.2.3. Make presentations, as requested, to the Board, relevant committees, and community groups regarding the recommended structure, timing, and tax impact of a debt issue.

1.2.2.4. Prepare a calendar of events for the issuance of debt instruments.

1.2.2.5. Develop and prepare the preliminary official statement, an official bid form, if applicable, and the final official statement.

1.2.2.6. Assist the District in the preparation of an official notice of sale, if applicable.

1.2.2.7. Make recommendations and assist the District in developing, implementing, and maintaining debt management strategies that promote the best possible bond rating. Coordinate, in collaboration with District staff, the rating request/review process with the designated credit rating agency.

1.2.2.8. Coordinate the debt issuance process with bond counsel and other participants.

1.2.2.9. Provide information on the financing to potential bidders, if applicable. Market and promote the debt issue to solicit a competitive debt sale.

1.2.2.10. Evaluate, verify, and make recommendations to the District regarding acceptance or rejection of final debt pricing including being available to answer questions from District staff and the Board of Education.

1.2.2.11. Attend meetings, if requested, of the Administration and/or Board of Education.

1.2.2.12. Coordinate the steps required to close the debt issue and deliver funds to the District, including preparation of closing documents, and coordination with the paying agent.

1.2.2.13. Prepare a compilation of all important documents, contracts, and records associated with each sale.

1.2.2.14. Provide on-going debt planning and management assistance to the District including analysis of opportunities for refunding existing debt.

1.2.2.15. Provide assistance with continuing disclosure reporting.

1.2.3. Needs

The purpose of this Request for Proposal (RFP) is to obtain proposals from qualified firms interested in contracting with the Madison Metropolitan School District to provide financial services, including underwriting services if applicable. The firm(s) selected will assist the District in the analysis, structure, issuance, and management of debt.

1.2.4. Current Operations

MMSD currently has a contract with PMA Securities, Inc. to provide financial services.

1.3. Request for proposal process

This document is a Request for Proposal. It differs from a Request for Bid in that the District is seeking a solution as described herein, not a bid meeting firm specifications for the lowest price. As defined in the American Bar Association Model Procurement Code, Competitive Sealed Proposals will be evaluated based upon criteria formulated around the most important features of a product or service, of which quality, testing, references, and availability or capability, may be overriding factors, and price may not be determinative in the issuance of a contract or award. The proposal evaluation criteria should be viewed as standards which measure how well a vendor’s approach meets the desired requirements and needs of the District.

1.4. Procuring and contracting department/division

This Request for Proposal (RFP) is issued by Madison Metropolitan School District, Purchasing Services, which is the sole point of contact for the District during the Request for Proposal process. The person responsible for managing this procurement process is Dana Scheel, Manager - Procurement & Contracts.

As it pertains to this RFP, vendors shall NOT have contact with anyone other than the Manager - Procurement & Contracts (if absent, the Lead Buyer) through the duration of this RFP process. All communication pertaining to this RFP must be in writing by email (preferred) or US mail.

Any contract(s) resulting from this RFP will be administered by Madison Metropolitan School District, Planning, Budget, Purchasing, and Accounting. The contract administrator will be Robert A Soldner, Assistant Superintendent of Financial Services.

1.5. Definitions

The following definitions are used throughout this document.

RFP means Request for Proposal District/MMSD means Madison Metropolitan School District.

Vendor/Proposer means a firm submitting a proposal in response to this RFP.

Contractor means proposer awarded the contract.

1.6. Clarification and/or revisions to the specifications and requirements In order for your organization to directly receive updates to this Request for Proposal, including responses to submitted questions/inquiries, please complete Appendix D: Intentions to Submit a Proposal and Question/Inquiries. This document (Appendix D) can be emailed to bids@madison.k12.wi.us and it will assist in allowing the District to provide timely information to interested parties.

Any questions concerning this RFP must be submitted in writing in the format provided in Appendix D of this document by e-mail (preferred) or US mail on or before January 3, 2025 - 2:00 PM (CST) to:

Dana Scheel

During the selection process, vendors/proposers are specifically prohibited from contacting the District/schools to “prospect” for new business; introduce the firm’s staff; provide marketing or promotional materials; discuss advantages/benefits of their company, and/or discuss the disadvantages of working with their competitor(s). Vendors/proposers with questions about what constitutes allowable behavior during the selection process for this RFP should submit questions in writing to the above email address. Attempts to contact a District employee (including school personnel), official, or representative in any manner contrary to the requirements set forth in this document may lead to vendors/proposers being disqualified from consideration.

An electronic version of the RFP is available on the District’s web site:

www.madison.k12.wi.us/doingbusiness Vendors/Proposers should raise any questions, exceptions, or additions they have concerning the RFP DOCUMENT as early as possible in the RFP process. If a vendor discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFP, the vendor should immediately notify the above named individual of such error and request modification or clarification of the RFP document.

In the event that it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFP, revisions/amendments and/or supplements will be provided to all known recipients of this initial RFP or posted to the District’s Website at:

www.madison.k12.wi.us/doingbusiness

1.7. Debarred, suspended, proposed for debarment or declared ineligible Contractors doing business with the MMSD must provide certification that they are not debarred, suspended, proposed for debarment, declared ineligible, are not in the process of being debarred, or are not voluntarily excluded from conducting business with a federal department or agency of the federal government.

MMSD may exclude a contractor or its subcontractor from participating in the RFP process and/or contract award if the organization or its principal(s) has(have) been debarred or excluded from doing business with the Federal Government.

1.8. Accessibility guidelines related to proposed software and hardware Vendor should demonstrate that each software and/or hardware proposed conforms to the accessibility guidelines established by the World Wide Web Consortium's Web Content Accessibility Guidelines 2.0 (WCAG 2.0).

In addition, Vendor should demonstrate that each software and/or hardware conforms to the accessibility guidelines established by Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), as amended. (Section 508 is the section of the 1973 Rehabilitation Act that states that all electronic and information technology procured, used, or developed by the federal government after June 25, 2001, must be accessible to people with disabilities. Affected technology includes hardware such as copiers, fax machines, telephones, and other electronic devices as well as application software and websites.)

Vendor may demonstrate compliance with such guidelines by submitting a VPAT (Voluntary Product Accessibility Template) or comparable documentation.

1.9. Vendor conference

A vendor conference could be held on January 10, 2025, virtually at 2:00 PM (CST) to respond to written questions (paragraph 1.6 above), field additional questions, and/or provide additional instruction to vendors. If no questions are received in accordance with paragraph 1.6 above and/or it is deemed unnecessary by the MMSD, the District reserves the right to cancel the vendor conference. All vendors who intend to respond to this RFP and attend the scheduled vendor conference should contact Dana Scheel prior to the scheduled conference to confirm whether or not it will occur. If so, vendors are strongly encouraged to attend the vendor conference.

1.10. Reasonable accommodations

The District will provide reasonable accommodations, including the provision of informational material in an alternative format, for qualified individuals with disabilities upon request. If you need accommodations at a proposal opening/vendor conference, contact Purchasing Services at (608) 204-7819.

1.11. Calendar of events

Listed below are specific and estimated dates and times of actions related to this Request for Proposal (RFP). The actions with specific dates must be completed as indicated unless otherwise changed by the District. In the event that the District finds it necessary to change any of the specific dates and times in the calendar of events listed below, it will do so by issuing a supplement to this RFP. There may or may not be a formal notification issued for changes in the estimated dates and times.

1.12. Contract term and funding

The contract shall be effective on the date indicated on the purchase order or the contract execution date and shall run from the date a contract is awarded through June 30, 2030, with an option by mutual agreement of the District and contractor, to renew for two additional one-year periods unless amended, cancelled or rebid.

1.13. State of Wisconsin VendorNet registration

The District makes use of the State of Wisconsin’s purchasing information and vendor notification service. Anyone may access VendorNet on the Internet at http://vendornet.state.wi.us.

2. Preparing and Submitting a Proposal

2.1. General instructions

The evaluation and selection of a contractor and the contract will be based on the information submitted in the vendor’s proposal plus references and any required on-site visits or oral presentations. Failure to respond to each of the requirements in the RFP may be the basis for rejecting a proposal.

Elaborate proposals (i.e., expensive artwork, binders) beyond a sufficiently presented, complete, effective and securely bound proposal, are not necessary or desired.

2.2. Proprietary information

All restrictions on the use of data contained within a proposal and all confidential information must be clearly stated on the attached “Designation of Confidential and Proprietary Information” form. Proprietary information submitted in a proposal, or in response to the RFP, will be handled in accordance with applicable law.

To the extent permitted by law, it is the intention of the District to withhold the contents of the proposal from public view until such times as competitive or bargaining reasons no longer require non-disclosure, in the opinion of the District. At that time, all proposals will be available for review in accordance with the Wisconsin Public Records Law.

2.3. Incurring costs

The District is not liable for any cost incurred by proposers in replying to this RFP.

2.4. Submitting the proposal

Proposers must submit ONE hardcopy original (identified as such), ONE electronic version (memory stick, compact disk or e-mail attachment), and FOUR complete hardcopies including all materials required for acceptance of their proposal by January 27, 2025 at 2:00 PM (CST) to:

At proposal opening, only the names of responding vendors are provided. No further information will be available until contract award.

Proposals must be time/date stamped as received by PBPA - Room 200 on or before the specified date and time provided above. Proposals not so stamped will not be accepted. Receipt of a proposal by the District’s mail system does not constitute receipt of a proposal by Purchasing Services, for purposes of this RFP.

All proposals MUST be packaged, sealed and show the following information on the outside of the package:

2.5. Proposal organization and format

Proposals should be typed and submitted on 8.5 by 11 inch paper bound securely. Proposals should be organized and presented in the order and by the number assigned in the RFP. Proposals must be organized with the following headings and subheadings:

2.5.1. Cover Page (Sign and complete associated Request for Proposal cover page)

2.5.2. Response to vendor/proposer qualifications (See Section 4):

Introduction Organizational capabilities

2.5.3. Response to requirements (See Section 5)

2.5.4. Cost proposal (See Section 6)

2.5.5. Required forms (See Section 9):

2.6. Multiple proposals

A vendor/proposer may submit multiple proposals; however each proposal must conform fully to the requirements for proposal submission. Each such proposal must be separately submitted and labeled as Proposal #1, Proposal #2, etc. on each page included in the response. Alternate acquisition plans do not constitute multiple proposals.

2.7. Oral Presentations and site visits

Top scoring vendors based on an evaluation of the written proposal may be required to participate in interviews and/or site visits to support and clarify their proposals, if requested by the District. The District will make every reasonable attempt to schedule each presentation at a time and location that is agreeable to the proposer. Failure of a proposer to conduct to interview or permit a site-visit on the date scheduled may result in rejection of the vendor’s proposal.

2.8. Demonstrations

Top-scoring vendor(s) may be required to install and demonstrate its product(s) and/or service(s) at a District site. Product(s) being demonstrated must be delivered to the District site upon a two (2) week notice by the District to the vendor(s) and must be installed and ready for the demonstration within one (1) week of delivery. The District will furnish detailed specifications concerning the demonstration site and the particular test it will use to exercise the vendor’s product(s) and/or service(s). Failure of a vendor to furnish the product(s) and/or service(s) it has proposed for demonstration within the time constraints of the preceding paragraph may result in rejection of that proposal. Failure of any product(s) and/or service(s) to meet the District’s specified requirements during the demonstration may result in rejection of the vendor’s proposal.

The successful demonstration of the vendor’s product(s) and/or service(s) does not constitute acceptance by the District. Any product(s) and/or service(s) furnished by the vendor for the purposes of this demonstration must be identical in every respect to those which will be furnished if a contract results.

2.9. Withdrawal of proposals

Proposals shall be irrevocable until contract award unless the proposal is withdrawn. Proposers may withdraw a proposal in writing at any time up to the actual proposal closing date if the proposal has already been received by Purchasing Services. To accomplish this, the written request must be signed by an authorized representative of the proposer and submitted to purchasing services. If a previously submitted proposal is withdrawn before the proposal due date and time, the proposer may submit another proposal at any time up to the original proposal closing date and time.

3. Proposal Selection and Award Process

3.1. Preliminary evaluation

The proposals will first be reviewed to determine if requirements in Section 2.0 are met and if additional requirements are met (see all requirement sections). Failure to meet mandatory requirements will result in the proposal being rejected. In the event that all vendors do not meet one or more of the mandatory requirements, the District reserves the right to continue the evaluation of the proposals and to select the proposal which most closely meets the requirements specified in this RFP.

3.2. Proposal scoring

Accepted proposals will be reviewed by an evaluation committee and scored against the stated criteria. The committee may review references, request interviews, and conduct an on-site visit and use the results in scoring the proposals. Diverse-owned businesses are encouraged to participate in this solicitation and may receive a 5% preference. To qualify, vendors must be certified by the Wisconsin Supplier Diversity Program or participate in the Wisconsin Diversity Procurement Network.

3.3. Right to reject proposals and negotiate contract terms

The District reserves the right to reject any and all proposals and to waive minor irregularities and technicalities. The judgment of the District on such matters shall be final. The District further retains the right to negotiate the terms of the contract, including the award amount, with the selected proposer prior to entering into a contract. If contract negotiations cannot be concluded successfully with the highest scoring proposer, the District may negotiate a contract with the next highest scoring proposer.

3.4. Evaluation criteria

The proposals will be scored using the following:

Organization’s Ability to Meet Service and Support Requirements

a. Organization and Management

b. Availability and qualifications of Key staff

c. Leadership and commitment of principals

Organization Qualifications/Experience

a. Depth and breadth of experience

b. Quality of firm’s past performance

c. References

Approach

a. General, organization, project approach

b. Response to scope of services

c. Bond rating

d. Innovation

e. Financial Management Services, including underwriting services if applicable

3.5. Award and final offer(s)

The District may recommend a contract be awarded to the vendor with the highest total score as outlined in section 3.4, or may recommend that contracts be awarded to multiple proposers to provide portions of the services or goods proposed. Alternatively, multiple vendors with the highest total scores may be requested to submit final and best offers. If final and best offers are requested, they will be evaluated against the stated criteria, scored and ranked in the same manner described above to determine the vendor with the highest total score.

4. Vendor/Proposer Qualifications

4.1. Introduction

Please provide an appropriate brief introduction as it pertains to your organization.

4.2. Organizational capabilities

Describe the firm’s experience and capabilities in providing similar services to those required. Be specific and identify projects, dates, and results.

4.3. Key staff

Provide resumes describing the educational and work experiences for each of the key staff who would be assigned to the project.

4.4. References

Proposers must include in their RFPs a list of organizations, including points of contact (name, address, and telephone number), which can be used as references for work performed in the area of product(s) or service(s) required. Selected organizations may be contacted to determine the quality of work performed and personnel assigned to the project. The results of the references will be provided to the evaluation team and used in scoring the written proposals.

5. Requirements

5.1. Mandatory requirements

The following requirements are mandatory and must be complied with.

General Submittal Information The firm’s response to the RFP should be succinct but comprehensive, including suggested approaches related to the firm’s ability to achieve the District’s financial objectives. The firm may propose modifications to the suggested scope of services if it believes it will better achieve the project objectives.

Required Submittals Information requested by the District:

5.1.1. Executive Summary

The firm shall include a brief summary that includes the factual, core aspects of basic services offered, experience and qualifications of the firm, staff, consultants, sub consultants, a list of relevant projects in the last three (3) years and the timeliness in which they were completed.

5.1.2. Qualifications

5.1.2.1. Qualifications Overview

Describe the firm’s organization and size in relation to providing Financial Services, including underwriting services. State the location of the office from which this engagement will be serviced and the range of activities performed at that office.

5.1.2.2. Organization Management Approach

Describe the responsibilities of the management and staff personnel that will perform services on this engagement; describe method employed to ensure prompt service, customer satisfaction, and timely initiation and completion of all work.

5.1.2.3. Key Staff

Description of the make up of the firm’s team assigned to the District’s projects. Include names of key personnel to be assigned as advisors and analysts, their roles, their titles, experience, and period of service with the firm. Identify the firm’s contact person who will serve as manager on District financings.

5.1.3. Experience, Past Performance, Litigations

5.1.3.1. Experience

Describe your firm’s experience as a K-12 and municipal financial advisor. Please focus on work within Wisconsin. Indicate the number of and par amount of financings your firm has participated in during the last three years. Be specific and identify projects, dates, and results wherever possible. This data should be presented for the firm as a whole, but only for those financings conducted from the office your firm will use to service the district

5.1.3.2. Disclosure of Contract Failures, Litigations

Disclose any alleged significant prior or ongoing contract failures, contract breaches, any civil or criminal litigation or investigation pending which involves the consultant or in which the consultant has been judged guilty or liable. Any other past or pending litigation which may affect the performance of the services to be rendered herein, in which the Firm, any of its employees, subcontractors, or sub consultants is or has been involved in within the last three (3) years.

5.1.4. Approach

5.1.4.1. Organizational Approach

Describe how the firm will coordinate with the District staff for borrowing and financial advisory services.

5.1.4.2. Scope of Services

The following is a listing of the services that the District expects to receive from its Financial Advisor. The proposal should include a discussion of how the services are to be provided; experience in providing such services to governmental entities; and innovative methodologies or presentations to be used.

5.1.4.2.1. Assist the District in evaluating alternative mechanisms for financing capital improvements and/or ongoing expenses

5.1.4.2.2. Make recommendations to the District for structuring proposed new or refunded debt issues, such as current indebtedness, available revenue support, anticipated market response, and statutory constraints - including term of the debt, amortization schedule, amount of discount, call provision/features, and credit enhancement.

5.1.4.2.3. Make presentations, as requested, to the Board, relevant committees, and community groups regarding the recommended structure, timing, and tax impact of a debt issue.

5.1.4.2.4. Prepare a calendar of events for the issuance of debt instruments.

5.1.4.2.5. Develop and prepare the preliminary official statement, an official bid form, if applicable, and the final official statement.

5.1.4.2.6. Assist the District in the preparation of an official notice of sale, if applicable.

5.1.4.2.7. Make recommendations and assist the District in developing, implementing, and maintaining debt management strategies that promote the best possible bond rating. Coordinate, in collaboration with District staff, the rating request/review process with the designated credit rating agency.

5.1.4.2.8. Coordinate the debt issuance process with bond counsel and other participants.

5.1.4.2.9. Provide information on the financing to potential bidders, if applicable. Market and promote the debt issue to solicit a competitive debt sale.

5.1.4.2.10. Evaluate, verify, and make recommendations to the District regarding acceptance or rejection of final debt pricing including being available to answer questions from District staff and the Board of Education.

5.1.4.2.11. Attend meetings, if requested, of the Administration and/or Board of Education.

5.1.4.2.12. Coordinate the steps required to close the debt issue and deliver funds to the District, including preparation of closing documents, and coordination with the paying agent.

5.1.4.2.13. Prepare a compilation of all important documents, contracts, and records associated with each sale.

5.1.4.2.14. Provide on-going debt planning and management assistance to the District including analysis of opportunities for refunding existing debt.

5.1.4.2.15. Provide assistance with continuing disclosure reporting.

5.1.4.3. Bond Rating

Describe your firm’s experience in dealing with Moody’s Investors Service, FITCH Ratings and/or Standard & Poor’s. Discuss how this experience would benefit the District.

5.1.4.4. Innovation

Provide an example of a project that demonstrates the ability of your firm to develop and implement creative financing alternatives to governmental entities. Describe the problem encountered and the solution ultimately used for the specific problem. Please only include an example from the individual managing the relationship for the district.

5.2. Technical Requirements

5.2.1. If this proposal includes software developed specifically for MMSD or as a part of a program MMSD would use, vendor may submit a VPAT (Voluntary Product Accessibility Template) or must provide comparable documentation to satisfy the requirement in paragraph 1.8 (evaluated by MMSD Legal Services).

6. Cost Proposal

6.1. Conditions for payment

As a public school district, Madison Metropolitan School Distirct must be a wise steward of public funds, and generally does not pay for goods or services prior to the delivery thereof, and any proposal for pre-payment should include the reasons why pre-payment is necessary and a wise use of public funds. Even in the case of a prepayment, the District will only agree to payments based on project phases (or project milestones) and established outcome targets for each phase. At the District’s sole discretion, these progress payments may be tied to the satisfactory completion of the work. The District may also include a ‘retainage clause’ of 5% to 10% to be released only after the entire project has been satisfactorily completed.

6.2. General instructions on submitting cost proposals

The original cost proposal and one copy should be submitted in a separate envelope with the written proposal. The cost proposal will be scored as described in sections 3.4 and 3.5.

6.3. Format for submitting cost proposals

The format for submitting Cost Proposals has been established in Attachment D and should not be modified.

6.4. Fixed price period

All prices, costs, and conditions outlined in this proposal shall remain fixed and valid for the life of this agreement. The firm shall submit fee and reimbursable expense schedules necessary to accomplish the scope of services. Illustrate all fees for your service(s). If applicable, also indicate your ability to underwrite bonds.

7. Special Contract Terms and Conditions

7.1. Hold harmless

By submitting a proposal, contractor understands that the District and its representatives will determine which proposal is accepted. Vendor/Proposer waives any right to claim damages of any nature, whatsoever, based on the selection process, and any communications associated with the selection of the successful contractor. All completed proposals and supporting documentation submitted shall be the property of the Madison Metropolitan School District.

7.2. Liquidated damages

The Vendor/Proposer acknowledges that, if after being awarded a contract the contractor fails to deliver the goods or services in a timely manner, substantial economic and other damages will be incurred by the District, in an amount that is not easily ascertained, and that the District shall solely determine the amount per working day that the District is entitled to, not to exceed one-half of the total of the contract, for every day past the scheduled delivery date(s) as a fair and appropriate estimate of such damages. The contractor agrees that such amount is not intended to be a penalty but to represent actual damages incurred, and that the District shall have the right to assess such damages either through deducting the damages from the amount due under contractor’s invoices or by directly billing Contractor.

7.3. Prime contractor and minority business subcontractors

The prime contractor will be responsible for contract performance when subcontractors are used. If subcontractors are to be used, the proposer must clearly explain their participation and they must abide by all terms and conditions of the contract.

7.4. Additional terms

The District reasonably believes that sufficient funds are available or can be obtained to make payments due under any contract issued under this proposal; however, the contract will terminate immediately and absolutely if appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the District under this contract.

The District shall not be bound by any terms and conditions included in any proposer’s packaging, service catalog, brochure, technical data sheet or other document which attempts to impose any conditions at variance with or in addition to the terms and conditions contained in this solicitation, including the standard terms and conditions contained herein, or in the resultant contract. If a proposer objects to any term or condition that shall relate to a contract resulting from this solicitation, the objection shall be clearly stated on a separate page entitled “Objection to Term or Condition.”

If the objection is accepted by the District it will be stated in any resultant contract. If not stated in the contract, the terms and conditions shall remain as written in the RFP.

7.5. Termination of contract

The District may terminate the resultant contract at any time at its sole discretion by delivering sixty (60) days written notice to the contractor. Upon termination, the District’s liability will be limited to the pro rata cost of the services performed as of the date of termination plus expenses incurred with the prior written approval of the District. Termination by the contractor shall require written notice to that effect to be delivered by the contractor to the agency not less than ninety (90) days prior to said termination. In the event that the contractor exercises its right to terminate the contract, for any reason whatsoever, it will refund to the District within fifteen (15) days of said termination, all payments made hereunder by the District to the contractor for work not completed or not accepted by the District.

8. Standard Terms and Conditions The District reserves the right to incorporate standard contract provisions into any contract negotiated with any proposal submitted responding to this RFP (Standard Terms and Conditions and Supplemental Standard Terms and Conditions for Procurements for Products and/or Services). Failure of the successful proposer to accept these obligations in a contractual agreement may result in cancellation of the award.

9. Required Forms The following forms must be completed and submitted with the proposal in accordance with the instructions given in Section 2.0. Blank forms are attached.

9.1. Cover Page (Sign and complete RFP cover page)

Standard Terms and Conditions (Non-Construction)

1. GENERAL: “Madison Metropolitan School District,” “District,” and “MMSD” are synonymous and mean the Madison Metropolitan School District. The MMSD reserves the right to accept or reject any or all bids/proposals, to waive any informality or technicality in any bid/proposal submitted, and to accept any part of a bid/proposal deemed to be in the best interest of the District. The MMSD reserves the right to reject any or all bids/proposals without indicating a reason for such rejection.

2. TAX EXEMPTION: The MMSD is exempt from the payment of Federal Excise Tax and State Sales Tax. The MMSD’s tax-exempt number is ES42341.

3. PRICING AND DISCOUNTS: The MMSD qualifies for governmental and educational discounts. Unit prices shall reflect these discounts. Unit prices shall govern in the bid/proposal evaluation and contract administration.

4. SPECIFICATIONS: All bidders/proposers must be in compliance with all specifications and any drawings provided with this solicitation. Any reference to brand names and numbers is descriptive, but not restrictive, unless otherwise specified. When specific manufacturer and model numbers are shown, they are used to establish a design, type of construction, quality, functional capability and/or performance level desired. The MMSD reserves the right to determine whether an alternate offer is equivalent to and meets the standard of quality indicated by the brand name referenced. When alternates are bid/proposed, they shall be identified by manufacturer, stock number, and such other information necessary to establish equivalency. The MMSD shall be the sole judge of equivalency!

5. DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from the original text, terms, conditions, or specifications shall be described fully, on the bidder’s/proposer’s letterhead, signed and attached to this request. In the absence of such a request, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications.

6. CHANGES AND WITHDRAWALS: The MMSD reserves the right to change due dates and openings for its own convenience and to withdraw solicitations at any time without prior notice.

7. APPLICABLE LAW: This solicitation and any resultant contract shall be governed under the laws of the State of Wisconsin.

8. ASSIGNMENT: No right or duty in whole or in part of the contractor under this contract may be assigned or delegated without prior written consent of the MMSD.

9. HOLD HARMLESS: The contractor will indemnify, save harmless, and defend the MMSD and all of its officers, agents and employees from all suits, actions, or claims of any character brought for or on account of any injuries or damages received by any persons or property resulting from the operations of the contractor, or any of its contractors, in prosecuting work under this agreement.

10. PUBLIC RECORDS ACCESS: It is the intention of the MMSD to maintain an open and public process in the solicitation, submission, review and approval of procurement activities. Bid/proposal openings are public unless otherwise stated. Records are not generally available until after an award has been made.

11. INSURANCE RESPONSIBILITY: The contractor performing services for the MMSD shall:

Maintain worker’s compensation insurance as required by law for all employees engaged in the work.

Maintain commercial liability, bodily injury and property damage insurance against any claims(s) that might occur in carrying out this agreement/contract. Minimum coverage shall be one million ($1,000,000) liability for bodily injury and property damage including product liability and completed operations. Provide motor vehicle insurance for all owned, non-owned and hired vehicles that are used in carrying out this contract. Minimum coverage shall be one million ($1,000,000) per occurrence combined single limit for automobile liability and property damage.

The MMSD reserves the right to require higher or lower limits and additional types of insurance if warranted. All insurance required by this contract shall be maintained during the entire length of the contract.

12. CANCELLATION: The MMSD reserves the right to cancel any contract in whole or in part without penalty due to non-appropriation of funds or for failure of the contractor to comply with terms, conditions and specifications of this contract.

The MMSD also reserves the right to cancel any contract with a federally debarred contractor or a contractor which is presently identified on the list of parties excluded from federal procurement and non-procurement contracts.

13. SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the MMSD must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code, Rules of the Industrial Commission on Safety, and all applicable OSHA Standards.

14. MATERIAL SAFETY DATA SHEETS: If any items(s) on order(s) resulting from this award(s) is a hazardous chemical, as defined under 29CFR 1910.1200, provide one (1) copy of a Material Safety Data Sheet for each item with the shipped container(s) and one (1) copy to MMSD - Risk Management, 545 W Dayton Street, Madison, WI 53703.

15. RESPONSIVENESS AND RESPONSIBILITY: Award will be made to the responsible and responsive bidder/proposer whose bid is most advantageous to the MMSD with price and other factors considered. For the purposes of this project, responsiveness is defined as conformance to the requirements of the solicitation and the furnishing of information requested.

Responsibility is defined as the bidder's/proposer’s potential ability to perform successfully under the terms of the proposed contract. Briefly, a responsible bidder/proposer has adequate financial resources or the ability to obtain said resources; can comply with required delivery taking into account other business commitments; has a satisfactory performance record; has a satisfactory record of integrity and business ethics; and has the necessary organization, experience and technical skills.

The MMSD reserves the…