RFP DocuWare System Support FINAL.pdf

REYNOLDS SCHOOL DISTRICT #7

REQUEST FOR PROPOSAL

DOCUWARE CLOUD APPLICATION & SERVICES

RELEASE DATE: JULY 25, 2023

PROPOSALS DUE:

ON OR BEFORE 3:00 PM (Pacific Daylight Time), AUGUST 10, 2023

TIME FOR RESPONSE OPENING 9:00 AM, AUGUST 11, 2023

LATE PROPOSALS WILL NOT BE ACCEPTED

SUBMIT ELECTRONIC PROPOSALS IN PDF FORMAT TO:

Steve Blum procurement@rsd7.net

REFER QUESTIONS IN WRITING TO:

Email: Steve Blum Procurement, Contracts and Accounting Specialist

LEGAL PUBLICATION

1204 NE 201st Ave Fairview, Oregon 97024

Reynolds School District #7 is seeking proposals from qualified individuals, firms, partnerships, corporations, associations, or professional organizations (“Proposers” or “you(r)”) for proposals and quotes to supply DocuWare system support (the “Project”).

Project Description: Contractor Personnel will work closely with District Staff, to move the DocuWare application from the on-premise server to the cloud and provide ongoing support and management of the application. Contractors will be authorized dealers of the DocuWare application. Contractors will be highly trained and experienced at providing service and support for the DocuWare application.

The DocuWare application must be in compliance with all applicable state and federal regulations and student privacy laws, in addition to the performance standards described in the RFP documents. Any proposer must be an eligible service provider willing to complete the necessary communications and paperwork associated with the DocuWare Application.

Proposals and a copy of the RFP may be obtained from and filed with the District’s Procurement, Contracts and Accounting Specialist, Steve Blum, via email at procurement@rsd7.net. The RFP, questions and addenda are also available on the District’s website: https://www.reynolds.k12.or.us/rfps. The RFP document and addendum will be available on the District’s website until a contract has been awarded to a successful proposer or until such time as this RFP is formally revoked or terminated.

Minority and women-owned businesses are encouraged to submit a Proposal. Proof of Oregon licensing and certification, when required, and adequate professional liability insurance is required for those who will work on the Project. The District reserves the right to reject any Proposal not in compliance with any prescribed public contracting procedure or requirement, and may reject any and all Proposals for good cause upon the District’s finding that it is in the public interest to do so. No Proposal will be received or considered by the District unless the Proposal contains a statement as to whether the Contractor is a resident bidder as defined in ORS 279A.120. The selection process will be subject to the District’s applicable Board Policies.

The District will not be prequalifying proposers under ORS 279B.120.

All Proposers responding to the RFP will do so solely at their own expense, and the District is not responsible for any Proposer expenses associated with the RFP.

Respondents shall submit their proposal electronically to Steve Blum at procurement@rsd7.net, with the subject line RFP: DOCUWARE CLOUD APPLICATION & SERVICES.

The deadline for submitting a Proposal or response to the RFP is August 10, 2023 at 3 p.m. Proposals received after the deadline will not be considered.

Published on: July 25, 2023 Published in: The Business Tribune

Steve Blum, Procurement, Contracts and Accounting Specialist mailto:procurement@rsd7.net

Reynolds School District #7

REQUEST FOR PROPOSAL

TABLE OF CONTENTS

1. SCOPE OF WORK

1.1 General: Overview and Background

2. PROPOSAL PROCESS

2.1 General

2.2 Pre-Proposal Interpretation of Contract Documents

2.3 Public Disclosure of Proposals

2.4 Submission of Proposals

2.5 Qualification of Proposers

2.6 Evaluation of Proposals

3. SCHEDULE OF EVENTS

3.1 Milestones

3.2 Period of Irrevocability

3.3 Objections or Protests

4. GENERAL SPECIFICATIONS & TECHNICAL REQUIREMENTS

5. STANDARD TERMS AND

CONDITIONS

6. ORS 279B PUBLIC CONTRACTING – PUBLIC PROCUREMENTS

7. RESERVATION OF DISTRICT RIGHTS

8. LEGAL INFORMATION

APPENDIX A RFP FORM PAGE 1 CERTIFICATION AND CONTRACT OFFER

APPENDIX B RFP FORM PAGE 2, 3, 4 PRICING

APPENDIX C RFP FORM PAGE 5 REFERENCES

APPENDIX D RFP FORM PAGE 6 NON-COLLUSION AFFIDAVIT

APPENDIX E SAMPLE CONTRACT

APPENDIX F COVID-19 ADDENDUM

1. SCOPE OF WORK

Reynolds School District (“Owner”) requests competitive proposals from qualified individuals, firms, partnerships, corporations, associations, or professional organizations (“Proposers” or “you(r)”) for proposals and quotes to provide the Owner with service and support, remote and on site, assistance from Vendor and DocuWare specialists during normal working hours as well as access to all DocuWare software and Reynolds’s system licenses for any DocuWare versions that are still under support by DocuWare AG. (“Project”). Reynolds School District intends to award a personal services contract to the successful Proposer(s) regarding this RFP.

1.1 General Overview

This document contains instructions for interested parties (Proposer or Contractor) to submit a proposal, the procedures and criteria by which a Proposer may be selected to enter negotiations with the District, and the contractual terms by which the District proposes to govern their relationship.

The District appreciates your consideration and looks forward to receiving your proposal.

Minority-owned and women-owned enterprises are encouraged to submit proposals in response to this solicitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award of any contract entered into pursuant to this advertisement.

2. PROPOSAL PROCESS

2.1 General

This RFP is available from the District’s website: https://www.reynolds.k12.or.us/rfps

Each proposal must include:

1. A cover letter and company profile, including full legal name, federal tax I.D. number, address, phone & fax number, email address, and a description of your company’s background.

2. Current contact and background information about representatives to be assigned to the District.

3. A completed RFP form and any supporting material.

It is essential that the District be able to easily match a contractor’s response with the requirements for proposal. The Proposer should indicate compliance and/or note any exceptions to the requirements and provide responses to any questions that follow.

The District will not be prequalifying proposers under ORS 279B.120.

2.2 Pre-Proposal Interpretation of Contract Documents

a. Changes to RFP: The District reserves the right to make changes to the RFP. Changes will be made by written addendum which will be posted on the District’s website for public view.

Prospective proposers may request or suggest changes to the RFP by submitting a written request.

The request must specify the provision of the RFP in question and contain an explanation for the requested change. The request must be submitted at least seven (7) calendar days prior to the date established for submission of proposals.

The evaluation team will evaluate all requests submitted, but will not be obligated to accept the requested change.

b. Amend or Withdraw Proposal: A Proposer may amend or withdraw their proposal any time prior to the time and date established for submission of proposals.

2.3 Public Disclosure of Proposals

Any information provided to the District pursuant to this RFP will be public record and subject to public disclosure pursuant to Oregon public records laws.

The District considers proposals submitted in response to this RFP to be submitted in confidence only until the District’s evaluation is complete and agrees not to disclose proposals until the District has completed its evaluation of all proposals and publicly announced the results.

The general requirement for public disclosure is subject to a number of exemptions. When preparing a proposal submission, a proposer must plainly mark each page containing information deemed by the proposer to remain exempt from public disclosure after proposals have been evaluated (e.g., pages containing trade secret, economic development information, etc). A summary of redactions will be placed with the redacted version of the proposal response.

The fact that a proposer marks and segregates certain information as exempt from disclosure does not mean that the information is necessarily exempt. Any portion of a proposal that the proposer claims as exempt from disclosure must meet the requirements of ORS 192.345 and ORS 192.355. The District will make an independent determination regarding exemptions applicable to information that has been properly marked and redacted. Information that has not been properly marked and redacted may be disclosed in response to a public records request. When exempt information is mixed with nonexempt information, the nonexempt information must be disclosed.

Unless expressly provided otherwise in this RFP or in a separate communication, the District does not agree to withhold from public disclosure any information submitted in confidence by a proposer unless the information is otherwise exempt under Oregon Law. The District considers proposals submitted in response to this RFP to be submitted in confidence only until the District has completed its evaluation of all proposals and publicly announces the results.

2.4 Submission of Proposals

a. Proposal Submission: The District requires electronic submission in PDF format . Facsimiled versions of the proposal will not be accepted.

b. Response Format: The responses shall be organized in the manner and shall be presented in the same sequence as indicated below. Any deviation from the format may result in the Evaluation Committee being unable to locate specific information which may result in a loss of points.

• Proposals shall be limited to the electronic equivalent of twenty-five (25) or less 8-1/2” x 11” pages total, including all exhibits and/or attachments. All pages shall be numbered.

The following pages are exempt from the 25-page limit: cover and back of submittals, a one-page cover letter, a one page table of contents, resumes of key personnel, tab and blank divider pages, and the non-collusion and proposal forms.

• The Proposals shall be electronically tabulated in separate sections in response to the detailed proposal requirements. No other material shall be submitted.

• The Proposal must be signed by an officer of your firm with the authority to commit the firm.

• Responses received after the closing date and time will not be considered.

c. Documents Required: Proposal Packages must include the following:

a. Response documents and all requested additional related items such as resumes, schedules, etc.

b. Certification and Contract Offer (Attached as Appendix A)

c. Pricing (Attached as Appendix B)

d. References (Attached as Appendix C)

e. Non-Collusion Affidavit (Attached as Appendix D)

Return electronic proposals in PDF format to:

Steve Blum

Procurement, Contracts and Accounting Specialist

(503) 661-7200 x 3293

The email must be clearly marked with the bidder’s name/identification and the subject must be the words “RFP: DOCUWARE CLOUD APPLICATION & SERVICES”

The District will not be responsible, or otherwise liable in any manner, for expenses incurred by the contractor(s) in response to this RFP. All proposers responding to this RFP do so at their own expense. Please note that the District will not accept responses or queries that require the District to pay the cost of production or delivery.

The District may reject any proposal not in compliance with all prescribed public proposal procedures and requirements and may reject for good cause any or all proposals upon a finding of the District that it is in the public interest to do so.

d. Identification: Proposals must clearly indicate the RFP contact’s name, proposal due date and time, as well as the Proposer’s name, address and email address. The proposal shall contain a statement whether the proposer is a resident proposer or non-resident, as defined by ORS 279A.120. When applicable, the RFP shall also contain a copy of the contractor’s certification of nondiscrimination in obtaining required subcontractors in accordance with ORS 279A.110.

e. Price: RFP prices are to be complete and include all costs, whether material, labor, transportation or other, to complete the required work or supply the required materials in accordance with the RFP specifications, contract terms and conditions.

The RFP Form (Appendices A-D) must be used to submit pricing and compute the total proposed amount.

f. Cost of Proposal: The District will not pay any costs incurred in responding to this RFP.

g. Proposal Due Date: On or before August 10, 2023 at 3:00 PM Pacific Daylight Time. Proposals received after this time and date will not be considered. It is the sole responsibility of the proposer to ensure the proposal is emailed or delivered and time stamped by the above deadline. All late proposals will be rejected.

h. Proposer’s responsibilities: The Proposer will examine and understand this entire document and seek clarification from the listed RFP contact if required. Negligence in preparing a proposal does not give a right of withdrawal after proposal opening. The Proposer should become familiar with and abide by current federal laws, state and local statues, regulations and other ordinances that could impact pricing or performance.

i. Obligation to Award: The issuance of this RFP, and the receipt and evaluation of proposals does not obligate the District to award a contract. The District may cancel this procurement or reject any or all of the proposals in accordance with ORS 279B.100 without liability at any time prior to the District’s execution of a contract.

j. Inquiries: All inquiries related to this RFP must be directed in writing to Reynolds School District Attn: Steve Blum at procurement@rsd7.net

Proposers who seek information, clarification or interpretation from anyone other than the above-mentioned contact are advised that such material is used at the Proposer’s own risk and the District shall not be bound by any such requirements.

2.5 Qualification of Proposers

Qualifications of Proposers will be evaluated when evaluating proposals. Proposers may be required to produce acceptable personal, business, and credit references and completed examples of previous work of a similar nature. The Proposer will supply three (3) references on the attached form. The District reserves the right to interview these references regarding any part of this proposal request. The District also reserves the right to interview organizations not included as references.

2.6 Evaluation

In evaluating RFP responses, the District will award based on three (3) principal factors:

1. Pricing

2. Specifications met

3. Quality of performance and support of previous contracts or services

An evaluation committee will review, score and rank all responsive proposals. The District will award the contract to the lowest responsible proposer submitting the most advantageous response set forth in the

RFP. To determine whether the proposer has met the standards of responsibility under ORS 279B.110 (2) and OAR 137-047-0640 (1)(c)(F), the District will consider whether the proposer has:

1. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain the resources and expertise, necessary to indicate the capability of the proposer to meet all contractual responsibilities;

2. A satisfactory record of performance. The District will document its basis for determining that the offeror is not responsible because the offeror does not meet this requirement;

3. A satisfactory record of integrity. The District will document its basis for determining that the offeror is not responsible because the offeror does not meet this requirement;

4. Qualified legally to contract with the District;

5. Supplied all necessary information in connection with the inquiry concerning responsibility. If an offeror fails to promptly supply information requested by the District concerning responsibility, the District shall base the determination of responsibility upon any available information, or may find the proposer not to be responsible; and

6. Not been debarred by the District under ORS 279B.130.

Final ranking will be based on all information obtained during the evaluation process. Price will be considered, but will not necessarily govern selection of the contractor(s). Proposal prices should be complete and include all costs, whether material, labor, transportation or other, to complete the required work or supply the required materials in accordance with the Project. Annual renewal process details and pricing shall also be included. The District may request Best and Final offers based upon improved understanding of the offers or changed scope of work. Based on the initial proposals (and Best and Final offers if requested) a selection will be made of the proposal that best fulfills the requirements and represents the best value to the District.

Evaluation of proposals is expected to be completed within thirty (30) working days after their receipt.

After evaluating proposals, the team will recommend that the top‐ranked proposer be invited to negotiate a final contract with the District. If the District is unable to successfully negotiate with the top‐ranked proposer, the District reserves the right, at its sole discretion, to terminate negotiations and begin new negotiations with the next highest‐ranked proposer.

Award of contract is subject to the District’s and Proposer’s ability to agree on contract terms in a timely manner. The District reserves the right to waive informalities or to reject any or all proposals.

INITIAL EVALUATION: Proposals submitted in response to this solicitation will be reviewed and scored by the Evaluation Committee of at least three (3) members selected from the following staff/groups:

• Reynolds School District Administrative Staff

• Reynolds Special Education Staff

• Reynolds Finance Staff

• Local Businesses

• Community Members

• Parents

SHORTLIST: The top three (3) finalists may be invited to provide a presentation to the Committee, in the District’s sole and absolute discretion. The District will provide the top three (3) finalists with written notice.

REFERENCES: References for the finalists maybe checked by members of the Committee. Response information will be provided to all members of the Committee.

INTERVIEWS: Interviews are optional in the District’s sole and absolute discretion. Should interviews be held, the shortlisted firms will all be asked the same questions in regards to:

• Details on qualifications with School Districts and Government Entities

• Experience in Project approach and methods

• Staffing plan

If elected by the District, interviews will be held at the Reynolds School District Office, located at 1204 NE 201st Ave, Fairview, Oregon 97024 or through a videoconference platform.

INTERVIEW QUESTION SCORING: Interview questions will be scored based on the following criteria:

• 90-100% - The candidate demonstrates a complete understanding of the question subject matter and significantly exceeds response expectations.

• 70-89% - The candidate demonstrates a strong understanding of the question subject matter and meets or exceeds response expectations.

• 40-69% - The candidate demonstrates a general understanding of the question subject matter, but answers may contain some weaknesses and deficiencies.

• 20-39% - The candidate demonstrates a vague understanding of the question subject matter and communicates a below average response.

• 0-19% - The candidate demonstrates an insufficient understanding of the question subject matter.

FINAL EVALUATION: The results of the proposal evaluations, interviews if conducted and reference checks shall be used to determine a final ranking for the finalists.

NON-SELECTED PROPOSERS: If proposers that are not-selected wish to follow up with the District, they may request a meeting within seven (7) calendar days of announcement of Notice of Intent to Award.

CONTRACT NEGOTIATIONS: Upon the Evaluation Committee’s recommendation, the District will proceed to negotiate a contract with the approved proposer. If negotiations are not successful, the District may break off negotiations and begin negotiations with the number two ranked proposer, and so forth until a contract is negotiated. The School Board must approve and make final award of Contract.

Proposals will be evaluated on the basis of the following areas and points assigned:

Evaluation Criteria

1. Proposers Qualifications with School Districts and Government Entities (30 points) Provide your firm’s familiarity with the Family Educational Rights and Privacy Act (FERPA), HIPAA and other privacy regulations. Provide experience over the past five (5) years in similar K- 12 facilities and locations in Oregon. Provide reference contact person and telephone number for these projects.

2. Are there any active claims against proposer (10 points)

3 Staffing Plan (15 points) This section should contain a detailed and specific discussion of your firm’s proposed staffing plan, clearly stating who would be assigned to this project and for how long. Include organizational chart, staff roles, resume and other relevant biographical information as deemed necessary.

4. Project approach and methods (20 points) Provide a general discussion of your management philosophy, including a description of your firm’s involvement from the planning phase through the completion of K-12 software application projects. Describe how you will manage and staff the job to ensure your understanding of local and federal issues and outline your planned availability throughout the project. Also describe how you, as the District’s representative, will develop and maintain a cooperative team. Provide specific examples of your methods to insure quality, budget and schedule controls utilizing an inclusive, team-oriented process. Also, please provide a general discussion on how your firm will ensure the projects will not intrude on the District’s activities in order for the District to maintain a business as usual approach.

5. Justification (5 points) Provide a demonstrated reason why your firm wants to assist Reynolds School District and why the District should place their trust in your firm. Discuss in detail your staff’s ability to meet the requirements of the scope of services outlined in this RFP and include comments on any additional services your firm can provide beyond those specified.

6. Price (hourly rates) (20 points) Please complete APPENDIX B – RFP FORM PAGES 2 & 3 CURRENT PRICING

SCHEDULE OF EVENTS

3.1 Milestones

Projected significant milestones for this procurement are as follows:

ACTIVITY DATE

Issuance of Request of Proposal July 25, 2023 Pre-Proposal Conference N/A Deadline for Questions or Clarifications August 4, 2023 Proposals Due August 10, 2023 by 3 p.m. (PDT) Board Approval N/A Notice of Intent to Award August 24, 2023 Anticipated Contract Start September 1, 2023

The District reserves the right to modify this schedule at its discretion. Proper notification of changes in the response due dates will be made to all proposers on the District’s list of responding firms.

3.2 Period of Irrevocability

Proposals will be offers that are irrevocable for a period of 90 calendar days after the time and due date for this RFP. Proposals must contain the name, address and telephone number of an individual or individuals with authority to bind the company during the period in which the proposal will be evaluated.

3.3 Objections or Protests

a. Process: A Proposer or prospective Proposer who wishes to object or protest any aspect of this procurement or the solicitation process must do so in compliance with OAR 137-047-0730, OAR 137-047-0740, and this RFP. Written protests must be delivered to:

Reynolds School District

RFP: DOCUWARE SYSTEM SUPPORT

Procurement & Contracts Attn: Steve Blum 1204 NE 201st Ave Fairview, Oregon 97024

Or electronically to Steve Blum at procurement@rsd7.net.

PROPOSER’S WRITTEN PROTEST SHALL INCLUDE:

• A detailed statement of the legal and factual grounds for the protest;

• A description of the resulting prejudice to the Proposer;

• Evidence or supporting documentation that support the protest; and

• A statement of the desired changes to the Contract terms and conditions, including any specifications, or other relief sought.

A PROPOSER SHALL MARK ITS PROTEST AS FOLLOWS:

• “Contract Provision Protest”; and

• RFP Name (or other information as specified in the RFP document).

DISTRICT RESPONSE: The District is not required to consider a Proposer’s request for change or protest after the deadline established for submitting such request or protest. The District shall consider a protest that is filed timely and meets the conditions of ORS 279B.405(4), and issue a written disposition of the protest. If the District upholds the Proposer’s protest, in whole or in part, the District shall either issue an Addendum reflecting its determination or cancel the solicitation.

EXTENSION OF CLOSING: If the District receives a Written request for change or protest from a Proposer in accordance with this rule, the District may extend the RFP due date if the District determines an extension is necessary to consider the request or protest and issue an Addendum, if any, to the RFP Document.

Per OAR 137-047-0730, protests related to the procurement process or the solicitation document, content of the protest must include a written statement of the desired changes to the solicitation document or procurement process that the prospective Proposer believes will remedy the conditions upon which they are protesting. The Proposer shall include the specific citation of law, rule, or regulation upon which the protest is based and include any and all supporting documentation.

For protests related to awarding of the contract, the Proposer’s written protest shall specify the grounds for the protest per OAR 137-047-0740, including the specific citation of law, rule, or regulation upon which the protest is based, and include any and all supporting documentation.

Neither the judgment used in the scoring by individual evaluators nor disagreement with the procurement process shall constitute grounds for appeal. The District will not consider any protest based on items that could have been or should have been raised prior to the deadline for submitting questions or requesting addenda.

If a prospective proposer fails to timely file a protest, the prospective proposer may not challenge the contract in any future legal or administrative proceeding. The filing of a protest shall not prevent the District from executing a contract with any other contractor.

b. Timeliness: If the protest relates to matters of the procurement process or the solicitation documents that are otherwise known or should have been known to the protestor, the protest must be delivered no later than seven (7) calendar days prior to the deadline for the District’s receipt of proposals.

If the protest relates to other matters, including but not limited to the award of the contract, it must be delivered no later than seven (7) calendar days, after the protestor knows or reasonably should have known of the award of the contract, the District’s intent to award of the contract, or other matters to which the protest is addressed.

4. GENERAL SPECIFICATIONS

1. Background:

Reynolds School District currently has an on-premise DocuWare server and annual maintenance and support. The District is requesting proposals to move all DocuWare software and all records housed within the server to the DocuWare cloud as well as annual maintenance of the software and services.

Current DocuWare Application specifications:

• Integration with Edupoint, Synergy Platform

• DocuWare Professional Server with o 11 named user licenses with edit/upload rights.

o 70 Read Only licenses o 316 3rd party licenses o DW Unlimited Read Only User License o DW AutoIndex o DW Import o DW Barcode & Forms o DW Connect to Outlook o DW Smart Connect o DW Forms o DW Workflow Manager o Software and Hotfix/update files for the DocuWare software.

o License for supported versions of the DocuWare software.

o Remote or Onsite support from vendor during the office hours of Monday through Friday, 8:00 am to 5:00 pm Pacific Time o Remote support from DocuWare Corporation during the following business hours Monday through Friday, 8:00 am to 8:00 pm Pacific Time

2. Statement of Work:

Selected consultant’s specific duties and activities (“Work”) and key deliverables (“Work Products”) under the Contract should include, but are not limited to, the following:

• Include the benefits and restrictions of Cloud.

• On RFP form Page 3, list the Item/Part #, Quantity, Description, Unit of Measure, Unit Price, and Extended Amount, If an item is a one-time fee, please indicate so. If listing a national contract, please indicate so.

• On RFP form Page 3, include a total adding up all item extended amounts.

• Scope of work to be completed by Vendor includes all planning, configuration, implementation, and training for the DocuWare system.

• Provide the District with the DocuWare Cloud system version.

• Provide costs for 15 User Licenses with the ability to edit and upload documents.

• Provide costs for 55 Read Only Licenses

• Provide costs for 300 3rd Party User Licenses

• Cost of adding additional file cabinets.

• List the individual costs for the base cloud package including moving the District’s software/data from On Premise to Cloud.

• List modules and services included in the cloud version.

• List additional costs for adding Validated ID document signing software and per envelope price for Validated ID. (Reynolds School District currently uses Docusign, 1000-2000 envelopes per year)

• Build 8 templates for use with electronic signatures. Each template will be from 1 to 3 pages long.

• On RFP form Page 2, List your hourly rate for professional services. If necessary, add other Titles and hourly rates.

• On RFP form Page 2, include average response time (hours or day(s)) for inquiries or service requests.

Any changes to this Statement of Work, including additional DocuWare features and or other professional services (within the Project scope) may be implemented via a written amendment to the contract. The District reserves the right to modify, add, and/or remove certain tasks or activities prior to contract execution or though equitable amendment to the contact after execution.

5. STANDARD TERMS AND CONDITIONS

1. PROPOSAL VALIDITY PERIOD: Submission of the proposal will signify the proposer’s agreement that its proposal and the content thereof are valid for 90 calendar days following the submission deadline and will become part of the contract that is negotiated between the District and the successful proposer.

2. ADDENDA: If, in the opinion of the District, additional information or interpretation is needed by the Proposers, an addendum will be issued per OAR 137-047-0430. Any addendum or addenda issued by the District that may include changes, corrections, additions, interpretation, clarification, or information, and shall be binding upon the proposer. The District shall supply copies of such addenda on the District Web Site. Failure of the Proposer to receive or obtain such addenda shall not excuse the Proposer from compliance therewith if awarded a contract with the District. All proposers are solely responsible for monitoring the District’s website for changes or clarifications to this RFP via addenda. Any questions regarding addenda shall be sent electronically to Steve Blum at procurement@rsd7.net.

3. CANCELLATION, DELAY OR SUSPENSION OF SOLICITATION; REJECTION

OF PROPOSALS: The District may cancel, delay or suspend this solicitation if in the best interest of the District as determined by the District. The District may reject any or all proposals, in whole or in part, if in the best interest of the District as determined by the District. The District reserves the right to reject any or all proposals not in compliance with public contracting procedures.

4. INDEPENDENT CONTRACTOR: The relationship to the District with the successful firm and each of its employees and agents shall be that of an “independent contractor” and not an employee. The successful firm shall have single‐point responsibility for all persons and legal entities that provide services to the District, be they employees of the firm or independent contractors. The successful proposer is responsible for determining the appropriate means and manner of performing the work. The successful proposer represents and warrants now, and as part of the contract for services with the District pursuant to this RFP, that the successful proposer is not an employee of the District, and that the successful proposer at all times meets and will continue to meet the specific independent contractor standards of ORS 670.600.

Among other obligations of successful proposer consistent with this statute, successful proposer shall be responsible for federal and state taxes applicable to any compensation or payments paid to successful proposer under this contract and the District will not withhold from such compensation or payments any amounts to cover successful proposer’s federal or state tax obligations.

5. AMERICANS WITH DISABILITIES ACT COMPLIANCE: Proposers agree that if awarded a Purchase Agreement, the Contractor will comply with all applicable provisions of the Americans with Disabilities Act of 1990, 42 USC Section 12101 et seq. If any Proposer requires special assistance or auxiliary aids during the proposal, evaluation or award process, please notify Steve Blum at procurement@rsd7.net and provide at least two (2) business days notice.

6. SPECIAL CONDITIONS: Where special conditions are written in the Request for Proposal, these special conditions shall take precedence over any conditions listed under these Proposal Terms and Conditions.

7. COMPLIANCE WITH LAW: The provisions of any Purchase Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon without reference to its conflict of law provisions. Any action or suits involving any question arising under a Purchase Agreement must be brought in the appropriate court in Multnomah County Oregon. All statutory, charter and ordinance provisions that are applicable to public contracts in the State of Oregon shall be followed with respect to a Purchase Agreement. In connection with its activities under the Purchase agreement, Contractor shall comply with all applicable federal, state and local laws and regulations.

mailto:procurement@rsd7.net

8. COST OF RESPONDING: This Request for Proposal does not commit the District to pay any costs incurred by any Proposer in the submission of a response, or in making necessary studies or designs for the preparation thereof, or for procuring or contracting for the items to be furnished under the RFP.

9. CONTRACT AWARD AND EXECUTION:

a. The District reserves the right to make an award without further discussion of the proposal submitted. Therefore, the proposal should be initially submitted on the most favorable terms the contractors can offer. It is understood that the proposal will become a part of the official file on this matter without obligation to the District.

b. The general conditions and specifications of the RFP and all subsequent addenda proposed by the District and the successful contractor's response, as amended by agreements between the District and the contractor, will become part of the contract documents. Additionally, the District will verify contractor representations that appear in the proposal. Failure of the contractor's goods and services to meet the mandatory specifications may result in elimination of the contractor from competition or in contract cancellation or termination.

c. The District has attached a sample contract to this RFP as Appendix E, which is herein incorporated by reference. Once District staff has selected the responsible proposer that can best meet the District’s needs, based on the evaluation factors, the District will negotiate the specific District goods and services requirements with the selected proposer, using the proposal to determine the cost of the goods and services and options as determined in the sole discretion of the District. After that negotiation period has ended and District has, in its sole discretion, finalized the goods and services requirements, the proposer selected as the apparent successful contractor will be expected to enter into a contract with the District substantially in the form and content attached as Appendix E, but with the addition of specific information pertaining to the agreed‐upon goods and services price proposal to be provided for the District. The successful proposer is expected to execute the sample contract verbatim unless it has proposed specific changes to the contract in its response to this RFP and has later obtained agreement from the District for the contract change. All such proposed changes should be accompanied by an estimate of the cost savings to the District that would result from the recommended change.

d. If the selected contractor fails to sign the contract within ten (10) business days of delivery of the final contract, the District may elect to cancel the award and award the contract to the next‐highest‐ranked contractor. No costs chargeable to the proposed contract may be incurred before receipt of a fully executed contract.

10. DEFENSE, INDEMNIFICATION, HOLD HARMLESS AND INSURANCE

REQUIREMENTS:

In addition to other standard contractual terms, the District will require the selected contractor to comply with the defense, indemnification, hold harmless and insurance requirements as outlined below:

Contractor shall defend, indemnify and hold the District, its officers, officials, employees and volunteers harmless for, from and against any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Contractor and its agents in performance of this Agreement, except for injuries and damages caused by the sole negligence of the District.

The Contractor shall procure and maintain, for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The cost of such insurance shall be paid by the Contractor. Insurance shall meet or exceed the following unless otherwise approved by the District.

a. Workers' Compensation Insurance. No Workers' Compensation Insurance has been or will be obtained by the District for Contractor or Contractor’s employees. Contractor shall provide coverage for its employees, officers, or partners including employers' liability with limits not less than $2,000,000/ $2,000,000/ $2,000,000 and provide the District with evidence of such coverage or verification of their election not to be covered pursuant to ORS 656.027(7) (Sole Proprietors Exception). In the event Contractor elects to not be covered pursuant to ORS 656.027(7), Contractor assumes full responsibility for any liability and exposure under law relating to Workers' Compensation because of any performance of services under this Agreement and will indemnify, defend and hold the District, and all their directors, officers, principals, agents, current and former employees and affiliates harmless from any liability associated with injuries that occur.

b. Commercial General Liability Insurance. Contractor shall at all times carry a Commercial

General Liability insurance policy for at least $2,000,000 per occurrence and at least $3,000,000 in the aggregate, for Bodily Injury, Property Damage, and Personal Injury. The Contractor shall include as additional insureds under the above commercial general liability policy or policies the District, and all of its directors, officers, principals, agents, and employees by Endorsements CG2010 0704 and CG2037 0704 or the equivalent to the above policy or policies. The additional insured status must be continued for at least 12 consecutive calendar months after the contract with the District is terminated for any reason. Such insurance shall include "cross-liability" coverage as provided under standard ISO Forms "Separation of Insured" clause or the equivalent.

c. Sexual Abuse and Molestation liability Coverage. Contractor shall at all times carry a Sexual Abuse and Molestation Liability insurance policy for at least $2,000,000 per occurrence and at least $3,000,000 in the aggregate This policy may be part of the Commercial General Liability policy through an endorsement or a separate policy.

d. Automobile Liability Insurance. Contractor shall at all times carry Automobile Liability Insurance in the amount of $2,000,000 combined single limit per accident for bodily injury and property damage covering the ownership, maintenance or use of any motor vehicle.

e. For Professional Liability/Errors & Omissions Insurance written on a "claims made" basis and for any other required liability insurance provided on a "claims made" basis, Contractor shall provide "tail" coverage at the completion of the Agreement for a duration of thirty-six (36) months or continuous "claims made" liability coverage provided for thirty-six (36) months following the Agreement completion. Continuous "claims made" coverage will be acceptable in lieu of "tail" coverage provided the retroactive date of the coverage is on or before the effective date of this Agreement.

f. Maximum Deductible/Self-Retention. Any deductible or self-retention must be disclosed on the certificate of insurance and no deductible or retention may exceed $25,000 without the prior written consent of the District.

g. Additional Insureds. The District, their agents, employees and officials all while acting within their official capacity as such, must be named as additional insureds on all insurance, other than Workers' Compensation and Professional Liability/Errors and Omissions insurance, required under this Agreement. Such coverage shall be provided in a form acceptable to the District.

h. Insurance Certificates. Contractor shall deliver to the District, prior to the commencement of the Work, a certificate of insurance or the actual insurance policy/policies evidencing all policies required by this Agreement. Either the certificates of insurance or the policies shall contain the promise of the insurer to give the District written notice at least 30 calendar days prior to the effective date of any lapse, cancellation, non-renewal or material reduction in any of the required coverages. In the event the insurer cannot or will not provide such written notice to the District, Contractor has an affirmative duty to provide the notice of lapse, cancellation, and non-renewal or material reduction to the District within 24 hours of the Contractor receiving such notice itself. The District has the right to reject any certificate and/or policy if the District in its sole discretion determines that either the coverage or the insurance company is unacceptable. Evidence of continuous coverage is required, including renewal certificates for any policies that renew during the contract.

i. Primary Coverage. All insurance carried by the Contractor required by this Agreement, and where District, et al. are named as additional insureds as set forth in "g." above, must be primary to and non-contributory with any insurance carried by the District or self-insurance of the District. Any insurance held by the District is excess and solely for damages or losses for which the District is responsible.

11. NON-COLLUSION AFFIDAVIT: The Contractor submitting a proposal thereby certifies that no officer, agent, or employee of the District who has a pecuniary interest in this RFP, has participated in the Price Agreement negotiations on the part of the District, that the proposal is made in good faith without fraud, collusion, or connection of any kind with any other Contractor of the same request for proposal and that the Contractor is competing solely in its own behalf without connection with, or obligation to, any undisclosed person or firm.

Contractor will complete the enclosed Non-Collusion Affidavit and submit it with their proposal.

12. EQUAL OPPORTUNITY COMPLIANCE: The District is an equal opportunity employer and requires all proposers to comply with policies and regulations concerning equal opportunity.

All proposers must be certified as Equal Employment Opportunity Affirmative Action Employers. The proposer, in the performance of this agreement, agrees not to discriminate in its employment because of an employee’s or applicant’s race, religion, national origin, ancestry, sex, sexual preference, age, or disability.

13. OTHER COMPLIANCE REQUIREMENTS: In addition to any nondiscrimination and affirmative action compliance requirements previously listed, the Proposer awarded a contract shall comply with federal, state and local laws, statutes, and ordinances relative to the execution of the work. This requirement includes, but is not limited to, protection of public and employee safety and health; environmental protection; waste reduction and recycling; the protection of natural resources; permits; fees; taxes; and similar subjects.

Contractors shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document.

If required under ORS 468A.710, all contractors and subcontractors shall possess an asbestos abatement license.

14. OWNERSHIP OF DOCUMENTS: Any reports, studies, conclusions, and summaries prepared by the proposer, including all proposal documents, shall become the property of the

15. ORAL INSTRUCTIONS: Oral instructions or information concerning the RFP documents or the project given out by officers, employees, or agents of the District to prospective Proposers shall not bind the District. Any changes or revisions to the specifications shall be binding only if issued in writing by the District by addendum. The District reserves the right to officially amend or cancel an RFP after issuance.

16. INVOICING: Purchase Order number shall appear on all invoices, packing lists, packages, shipping notices, instruction manuals, and any correspondence. Unless otherwise stated in Appendix E (Sample Contract), the payment terms will be net 30 from the date on the invoice and the payment period shall be one calendar month. Invoices submitted for payment shall identify the goods and services, dates of service performed, location where services were performed, brief scope summary, the unit price, quantity, extended price, purchase order number and invoice total.

17. TERM AND RENEWAL: Unless earlier terminated as provided; this contract shall commence on September 1, 2023, or on the date of the last signature, whichever is later, through August 31, 2026. This contract may be renewed for two (2) additional one-year renewals upon mutual agreement between the parties.

18. TOBACCO: Use of Tobacco on School Property: State law OAR 581-021-0110 and District policy (GBK/JFCG/KGC) prohibit the use of all tobacco products on public school property.

If the contractor is on property during the performance of this contract, the contractor and all of its employees, agents, subcontractors and invitees are required to comply with this policy.

19. SECURITY: Onsite staff will need to complete criminal history background check and be issuedDistrict contractor badges. The cost of any requested background check shall be borne by the Contractor. Contractor agrees that it shall cause all of its employees, agents and contractors to undergo background checks at its sole cost and expense at the direction of the District or as required by law.

Contractor is responsible to block off the work area to keep others out if needed and maintain a safe work area. Contractor must provide or have on hand and make available to the District a Site Incident Prevention Plan and a copy of their Documented Safety Program.

Contractor shall employ only trained, skilled, experienced personnel to perform the work outlined in the RFP. No sub-contracting is permitted, without prior written approval by the

20. LICENSING: Contractor represents and warrants that it is licensed to do business in the State of Oregon. Upon award of Contract, Contractor will provide District with Contractor’s Oregon State Department of Revenue Tax Registration Number.

6. ORS 279B PUBLIC CONTRACTING – PUBLIC PROCUREMENTS

Contractor shall observe all applicable state and local laws pertaining to public contracts, all of which are incorporated by this reference. ORS Chapters 279B requires every public contract to contain certain provisions. Pursuant to those chapters, the following provisions shall be a part of the contract as applicable.

• Pursuant to ORS 279B.220, on every public contract, the contractor shall make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided for in the contract; shall pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of the contract;

not permit any lien or claim to be filed or prosecuted against the state or county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished, and; pay to the Department of Revenue all sums withheld from employees under ORS 316.167

• Pursuant to ORS 279B.230 (1), in every public contract, the contractor shall promptly, as due, make payment to any person, co-partnership, association or corporation furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or…