RFQ Benchmarking.docx

REQUEST FOR QUOTATION (RFQ)

EMAIL ADDRESS: dyanna.mcmullen@acps.k12.va.us

Alexandria City Public Schools 1340 Braddock Place Alexandria, VA 22314

DATE: August 12, 2026

RFQ 126295: District Staffing Benchmarking Study

QUESTIONS BY: August 19, 2026, 10:00 AM

RESPOND BY: August 27, 2026, 11:00 AM

(If your response is not received by the due date and time, your quotation may not be considered) Electronic QUOTES for furnishing the services and/or items described herein shall be received via eVA at https://eva.virginia.gov/index.html

Registration is required for Offeror(s) new to eVA.

MAILED OR HAND-DELIVERED QUOTES SHALL NOT BE ACCEPTED.

FROM: Dyanna McMullen, Director, Procurement and General Services

E-MAIL ADDRESS: dyanna.mcmullen@acps.k12.va.us

DELIVERY IS F.O.B. DESTINATION UNLESS OTHERWISE STATED BELOW.

Attachment A - Offeror Form Pages Attachment B - Taxpayer Identification W-9 Attachment C- Quote Attachment D - Sample Contract Exhibit A-Technical Proposal

Each Offeror shall be a registered vendor with eVA. If awarded, registration on ACPS Vendor Self Service System (VSS) is required for new vendors. The VSS link can be found at this link https://acps.munisselfservice.com/Vendors/default.aspx.

PUBLIC NOTICE OF AWARD: Public notice of the purchase order/contract award will be posted on the eVA website, https://eva.virginia.gov/index.html.

INTRODUCTION TO RFQ 125295: District Staffing Benchmarking Study

PURPOSE:

Alexandria City Public Schools (hereinafter “ACPS”) is seeking Quotes for the provision of a Consultant for Benchmarking Services. This engagement is to give the Board and incoming superintendent an objective benchmark of the district's current staffing structure, identify where operational efficiencies may exist, highlight areas that may warrant further investment, and inform potential strategic and budgetary decisions to improve student learning. This is a benchmarking and advisory study, not an audit; the emphasis is on actionable comparison and options, not on compliance findings.

The selected offeror must be available for an immediate start.

BACKGROUND:

Alexandria City Public Schools (ACPS) is a diverse, urban Virginia school division serving more than 16,300 students across 18 schools. With a new superintendent joining the division, the School Board seeks an independent, data-driven review of how ACPS organizes and deploys its staff relative to peer school divisions in Virginia and nationally. Although the priority for this study is on Central Office / Non-School-based staff, the Board is also interested in comparisons related to school-based instruction and administration staff.

District Profile The following profile is provided to frame the analysis and the selection of comparison districts. The contractor should validate these figures against the most current state and division data at project start.

INTERPRETATION OF RFQ:

Any question pertaining to this solicitation shall be submitted via email to dyanna.mcmullen@acps.k12.va.us. and include the RFQ 126295 number and title in the subject line on or before 10:00 a.m., Wednesday, August 19, 2026. Interpretations, changes or responses to questions will be issued via formal Addenda and posted to the eVA website. Offerors are solely responsible for checking www.eva.virginia.gov for all Addenda.

MINIMUM REQUIREMENTS:

Offeror(s) should carefully read and review all bulleted items and must address each bulleted item in its proposal. The Offeror must have knowledge and experience of at least 5 years in consulting for Benchmarking Services. Offeror must have the ability to conduct meetings in person, via remote video application, and/or both. However, the final description of the services and/or items to be provided to ACPS under this RFQ is subject to negotiations with the successful Offeror and final approval by ACPS. Listed below are the minimum criteria required in response to this RFQ for District Staffing Benchmarking Study:

· Firm must have been in business for more than 5 years

· Must demonstrate strategies, such as networking with diverse groups, to generate potential candidate pools

· Must demonstrate a credible track record and sufficient subject matter competence in K-12 education

· Must maintain sufficient in-house expertise to execute the benchmarking study and ensure that resources are not allocated to competing engagements.

SCOPE OF WORK:

The consultant will be expected to perform the following services in partnership with the School Board:

The Scope of Services required of the successful Offeror (also referred to as Contractor) are below. Each Offeror shall address and describe how each task will be accomplished.

Staffing categories to be analyzed At a minimum, the analysis should cover the following functional categories, expressed both as headcount and full-time equivalents (FTE), and normalized per 1,000 students and per pupil where appropriate:

• Instructional staff (classroom teachers and assistants, instructional coaches, specialists)

• School-based leadership and administration (principals, assistant principals, deans)

• Central office and administration (executive, departmental, and support leadership)

• Student support services (counselors, psychologists, social workers, nurses)

• Special education and related services

• English Learner (EL) services

• Operations and support (facilities, transportation, nutrition, technology, clerical) For each category the contractor should report staffing ratios (i.e., student to staff, % of total staff, $ to staff where applicable, such as finance), spans of control, and cost-per-pupil by function, and identify notable outliers relative to peers. The information should indicate which FTE roles are connected to variable costs (i.e., enrollment) and which are fixed.

In Virginia, there are base staffing expectations at both the school and Central Office levels. The study should reference Virginia’s minimum staffing ratios, known as the Standards of Quality, as described in this report and in code, and include class size comparisons.

Comparison districts The comparison set should reflect both similar size and similar demographic composition (enrollment, economically disadvantaged students, EL students, students with disabilities, and locale). The Contractor may also consider other factors when developing an appropriate comparison set, including: budget size, scope of responsibility for capital expenditures, governance relationship with independent City or County, presence of a revenue sharing agreement, presence of a collective bargaining agreement, etc.

At a minimum, the following Virginia divisions should be included: Arlington Public Schools, Hampton City Public Schools, Manassas City Public Schools, and Newport News Public Schools. Others to consider include Charlottesville, Norfolk, Richmond, and Roanoke. ACPS is also often compared to Fairfax County, Loudoun County, and Prince William County school divisions; however, their size may not make staffing considerations comparable for this study.

The contractor should propose additional Virginia divisions and a set of national peer districts that match the selection criteria above, and should document the rationale and data source for each district included.

The Board welcomes the contractor's recommendations on the final peer set. At a minimum, the Board would like to see ACPS compared to at least 10 divisions.

Deliverables

• A written benchmarking report (with executive summary) comparing ACPS staffing to the peer set, including clearly labeled charts and data tables.

• A summary of findings on operational efficiencies and areas for potential investment.

• Prioritized, actionable staffing recommendations, with potential implications for student learning and budget.

• Documentation of sources and methodology used.

• A presentation of findings to the School Board and superintendent (in person or virtual), along with an accompanying written executive summary of findings for public release.

All deliverables are due no later than October 31, 2026.

INSTRUCTIONS TO OFFEROR(S):

Each Offeror shall submit a letter of transmittal that does not exceed two pages in length, that includes the Offeror understanding of the scope of work and general objectives to which the proposal is addressed. Failure to submit all information may result in the rejection of the incomplete quote.

Each Offeror shall, as part of the submittal, describe the services to be undertaken, together with a discussion of the product and resources to be used to carry them out. Describe the methodology for providing the services and detailed features of the proposed plan for the search and selection of a Superintendent, along with a proposed timeline of completion dates.

Each Offeror shall submit a detailed fee schedule as an attachment to reflect an hourly rate for services per position, including all projected costs for travel, reports, advertising, hourly rates, administrative fees, and other related costs. Refer to Attachment C.

Each Offeror shall provide a comprehensive narrative history of the firm, including the development of its experience in providing the requested services.

Each Offeror shall provide three (3) references from other school districts and/or organizations with a similar scope of work. ACPS may also request additional information, clarification, or presentations from any Offerors.

Enclosed with the RFQ is a copy of the Sample Contract and Attachments A,B,C; the Successful Offeror selected for this project will be required to sign, subject to any changes that may be authorized by mutual agreement of the parties. Please review the documents carefully. The insurance requirements provided in the Contract must be provided by the Successful Offeror before any work is performed.

1. The Offeror is required to submit quotes in the following order:

a. Title Page

b. Table of Contents (with page numbers)

c. Transmittal Letter - shall include the signature of the representative authorized to enter into contracts and indicate the name of person(s) who will be authorized to represent the firm, their tiles, email and phone numbers.

d. Signed Forms (do not submit Attachment D - Sample Contract unless Offeror has an exception to terms and conditions that ACPS may review for consideration)

e. Technical Approach and Quote

f. Offeror History and References

EVALUATION CRITERIA:

Offerors will be evaluated on the basis of those most qualified to meet the requirements of this RFQ. Major criteria to be considered in the evaluation may include, but shall not necessarily be limited to, the items referred to in the Scope of Work above, and those criteria set forth below:

The background, education, and experience of the Offeror in providing knowledge and experience in meeting facilitation, preferably within a K-12 public education environment similar to services elsewhere, including the approach, means, methods, and procedures to be used to gather the data, analyze findings, and develop recommendations as requested.

1. Reasonable/competitiveness of proposed fee and/or benefits to ACPS. ACPS reserves the right to negotiate fees and/or benefits to ACPS with the selected Offeror.

2. The Offeror’s ability, capacity, and skill to fully and satisfactorily provide the items and/or services required in this RFQ.

3. Thoroughness and definiteness of the Scope of Work with explanation of technical approaches and services provided.

4. Practicality of Work Plan Methodology and draft schedule, and whether the Offeror can provide the services and /or deliver the items in a prompt and timely manner.

5. The Offeror’s responsiveness and compliance with the RFQ requirements and conditions

6. Determination that the selected Offeror has no contractual relationships that would result in a conflict of interest with the ACPS contract.

CONTRACT TERM:

The contract term shall be for two (2) years, effective from the date of award.

AWARD:

Award shall be made to the most qualified, responsive, responsible bidder. A responsible Bidder shall mean an offeror who has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability which will ensure good faith performance. A responsive Bidder shall mean an offeror who has submitted a Quote which conforms in all material respects to this Request for Quote. Quotes shall be evaluated by Alexandria City Public Schools using the following criteria:

· Submitter’s Background

· Experience

· Non-Traditional Candidates Searches

· Work Plan

· Cost

· References

· Interview/Oral presentation (if applicable)

PROPOSED SCHEDULE OF IMPLEMENTATION:

CONFIDENTIALITY OF PERSONALLY IDENTIFIABLE INFORMATION:

The contractor assures that information and data obtained as to personal facts and circumstances related to client employees or students will be collected and held confidential, during and following the term of this agreement, and unless disclosure is required pursuant to court order, subpoena or other regulatory authority, will not be divulged without the individual’s and the agency’s written consent and only in accordance with federal law or the Code of Virginia. Contractors who utilize, access, or store personally identifiable information as part of the performance of a contract are required to safeguard this information and immediately notify the agency of any breach or suspected breach in the security of such information. Contractors shall allow the agency to both participate in the investigation of incidents and exercise control over decisions regarding external reporting. Contractors and their employees working on this project may be required to sign a confidentiality statement.

ATTACHMENT A – OFFEROR INFORMATION FORM

Full Legal Name of Offeror: (to be used for Award): ________________________________________________________ Mailing Address:

Remittance Address (if Different):

Phone: _______________________________ Fax: _____________________________

Email Address: _____________________________________________________________

Contact Person: ________________________ Title: _____________________________

Tax Identification (FIN/SSN): _____________________________________

Printed Name: _____________________________________

Signature: ________________________________________

*Person Signing must be authorized to bind the Offeror in Contractual Matters

Date: ________________________

*a W-9 must be attached showing the correct Full Legal Name for award of Contract

ATTACHMENT A OFFEROR INFORMATION FORM CONT’D

ACCEPTANCE OF WORK:

By submitting a Quote, Offeror confirms that it can deliver all of the Work contained in the RFQ VIRGINIA STATE CORPORATION COMMISSION (SCC) IDENTIFICATION NUMBER *MANDATORY REQUIREMENT*: The Virginia Public Procurement Act (VPPA) §2.2-4311.2 requires the Offeror to be authorized to transact business in the Commonwealth of Virginia as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise by law. The Offeror shall include in its Quote the identification number issued to it by the State Corporation Commission (SCC). For more information on how the SCC can expedite a request for an identification number, please contact the SCC directly at www.scc.virginia.gov or the Clerk’s office at 1-804-371-9733.

Please check one (1) of the following lines that appropriately applies to the Offeror:

☐ Offeror is a Virginia business entity with the following SCC Identification Number: _______________________ (NOTE: The SCC number is NOT the Federal Tax Identification Number).

☐ Offeror is an Out-of-State (foreign) business entity that is authorized to transact business in Virginia by the SCC and has the following SCC Identification Number: ______________________________

☐ Offeror is an Out-of-State (foreign) business entity that is including with this Quote an opinion of Legal Counsel which accurately and completely discloses the undersigned Offeror’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of §13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia.

☐ Offeror shall check here if they have not completed any of the forgoing option but currently have pending before the SCC an application for authority to transact business with ACPS, and wish to be considered for a waiver to allow you to submit the SCC Identification Number after the Quote Due Date (ACPS reserve the right, at its own discretion, to determine whether to allow such waiver).

DEBARMENT:

If you answer yes to any of the following, on a separate attachment, state the person or entity against whom the debarment was entered, give the location and date of the debarment, describe the project involved, and explain the circumstances relating to the debarment, including the names, addresses and phone numbers of persons who might be contacted for additional information

2. Is your organization or any officer, director, project manager, procurement manager, chief financial officer, partner or owner currently debarred from doing federal, state or local government work for any reason?

Yes ___ No ___

THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK

ATTACHMENT A OFFEROR INFORMATION FORM CONT’D

TRADE SECRETS OR PROPRIETARY INFORMATION:

Offerors shall confirm whether their Quote contains any information the Offeror deems proprietary or a trade secret. Information considered to be a trade secret or proprietary is to be included in the Quote.

Please mark one:

Proprietary or Trade Secrets must conform to the Virginia Public Procurement Act.

TYPE OF BUSINESS:

Is Offeror a Minority Business (as defined by the VPPA §2.2-4310)? ☐ Yes ☐ No Is Offeror Woman Owned? ☐ Yes ☐ No Is Offeror Service Disabled Veteran Owned? ☐ Yes ☐ No Is Offeror a Small Business? ☐ Yes ☐ No Is Offeror an Employment Service Organization? ☐ Yes ☐ No

None of the Above: ☐

INDICATE THE NAME AND CONTACT INFORMATION OF THE PERSON WHO CAN RESPOND AUTHORITATIVELY TO ANY QUESTIONS REGARDING THIS BID (PROJECT MANAGER).

NAME (PRINTED): TITLE:

E-MAIL ADDRESS: TEL. NO.:

By signing this document, the Offeror agrees that s/he has carefully examined all the requirements of this solicitation that there are no contradictions, ambiguities, errors or infeasible requirements apparent. The undersigned further agrees that he will accept an award to carry out the required services under this solicitation.

ATTACHMENT A OFFEROR INFORMATION FORM CONT’D –

CONFLICT OF INTEREST STATEMENT

I, the person whose name is subscribed below, am a duly authorized representative and agent of the entity submitting this Quote in response to its Request for Quotes. On behalf of the Offeror:

Certify that neither the Offeror nor any affiliated firm, parent entity or subsidiary, has, within the past two (2) years, been employed by or represented a deliverer of services, which services reasonably could be expected to be considered for purchase by ACPS, as a result of this solicitation.

Affirm that if the Offeror awarded a contract under this solicitation, and during the term of that contract prepares a Request for Quote or Invitation to Bid, for or on behalf of ACPS, the Offeror agrees that it shall not (i) submit a bid or Quote for that procurement or any portion thereof or (ii) disclose to any Offeror or Offeror information concerning the procurement which is not available to the public.

Affirm that the Offeror further agrees that it shall not solicit or accept any commissions or fees from vendors who ultimately furnish services to ACPS as a result of services furnished by the Offeror under any contract award made as a result of this solicitation.

ENTITY OR PERSON NAME:

SIGNED BY: _DATE:

NOTARY STATEMENT

COMMONWEALTH OF VIRGINIA / STATE OF ________________)

CITY/COUNTY OF ___________________________________) to wit:

I, the undersigned Notary Public in and for the State and County of aforesaid, hereby certify that on _______ ___, 202_, ________________________, known to me (or satisfactorily proven) to be the person whose name is subscribed above, appeared before me as an agent of the Offeror and acknowledged that he/she has executed the same for the purposes therein contained.

(Seal)

Notary registration number: _________________________ My commission expires: ___________________________________

OFFEROR INFORMATION FORM CONT’D - REFERENCES

List at least 3 references in which your company was awarded a contract in the last five (5) years. References should include items of similar scope and size for which your company has provided Executive Searches Services for Superintendent Placement.

Reference #1

Customer/Client Name

Customer/Client/Superintendent Name

Representative’s Name Representative’s Phone # Representative’s email address

Reference #2

Customer/Client Name

Customer/Client/ Superintendent Name

Representative’s Name Representative’s Phone # Representative’s email address

Reference #3

Customer/Client Name

Customer/Client/ Superintendent Name

Representative’s Name Representative’s Phone # Representative’s email address

(Signature of Offeror) (Date)

NON-DISCLOSURE AND DATA SECURITY AGREEMENT

The undersigned, an authorized agent of the Contractor and on behalf of _____________________________ (Contractor) hereby agree that the Contractor will hold Alexandria City Public Schools (ACPS) provided information, documents, data, images, records and the like (hereafter “Information”) confidential and secure and to protect it against loss, misuse, alteration, destruction or disclosure. This includes but is not limited to the Information of the ACPS, its employees, contractors, residents, clients, patients, taxpayers and property as well as Information that the ACPS shares with Contractor for testing, support, conversion or other services provided under ACPS (the “Work” or “ACPS Contract” as applicable) or which may be accessed through other ACPS owned or controlled databases (all of the above collectively referred to herein as “Information” or “ACPS Information”).

In addition to the Data Security obligations set in the ACPS Contract, the Contractor agrees that it will maintain the privacy and security of the ACPS Information, control and limit internal access and authorization for access to such Information and not divulge or allow or facilitate access to ACPS Information for any purpose or by anyone unless expressly authorized. This includes but is not limited to Information that in any manner describes, locates or indexes anything about an individual including, but not limited to, his/her (hereinafter “his”) Personal Health Information, treatment, disability , services eligibility, services provided, investigations, real or personal property holdings, and his education, financial transactions, medical history, ancestry, religion, political ideology, criminal or employment record, social security number, tax status or payments, date of birth, address, phone number or that affords a basis of inferring personal characteristics, such as finger and voice prints, photographs, or things done by or to such individual, and the record of his presence, registration, or membership in an organization or activity, or admission to an institution (also collectively referred to herein as “Information” or “ACPS Information”).

Contractor also agree that it will not directly or indirectly use or facilitate the use or dissemination of Information (whether intentionally or by inadvertence, negligence or omission verbally, electronically, through paper transmission or otherwise) for any purpose other than that directly associated with its work under the Work. Contractor acknowledges that any unauthorized use, dissemination or disclosure of Information is prohibited and may also constitute a violation of Virginia or federal laws, subjecting it or its employees to civil and/or criminal penalties.

The Contractor agrees that it will not divulge or otherwise facilitate the disclosure, dissemination or access to or by any unauthorized person, for any purpose, of any Information obtained directly, or indirectly, as a result of its work on the Work. Contractor shall coordinate closely with the ACPS Project Officer to ensure that its authorization to its employees or approved subcontractors is appropriate, tightly controlled and that such person/s also maintain the security and privacy of Information and the integrity of ACPS networked resources.

Contractor agrees to take strict security measures to ensure that Information is kept secure, properly stored, that if stored that it is encrypted as appropriate, stored in accordance with industry best practices and otherwise protected from retrieval or access by unauthorized persons or unauthorized purpose. Any device or media on which Information is stored, even temporarily, will have strict security and access control. Any Information that is accessible will not leave the Contractor’s work site or the ACPS’ physical facility, if working onsite, without written authorization of the ACPS Project Officer. If remote access or other media storage is authorized, Contractor is responsible for the security of such storage device or paper files.

Contractor will ensure that any laptops, PDAs, netbooks, tablets, thumb drives or other media storage devices, as approved by the ACPS, and connected to the ACPS network are secure and free of all computer viruses, or running the latest version of an industry standard virus protection

ATTACHMENT A NON-DISCLOSURE AND DATA SECURITY AGREEMENT CONT’D

program. Contractor will ensure that all passwords used by its employees or subcontractors are robust, protected and not shared. No Information may be downloaded expect as agreed to by the parties and then only onto an ACPS approved device. Downloading onto a personally owned device is prohibited. Contractor agrees that it will notify the ACPS Project Officer immediately upon discovery, becoming aware or suspicious of any unauthorized disclosure of Information, security breach, hacking or other breach of this Agreement, the ACPS Contract, ACPS policy, Contractor’s security policies, or any other breach of Work protocols. The Contractor will fully cooperate with the ACPS to regain possession of any Information and to prevent its further disclosure, use or dissemination. The Contractor also agrees, if requested, to promptly notify others of a suspected or actual breach.

It is the intent of this Non-Disclosure and Data Security Agreement to ensure that the Contractor has the highest level of administrative safeguards, disaster recovery and best practices are in place to ensure confidentiality, protection, privacy and security of ACPS Information and ACPS networked resources and to ensure compliance with all applicable local, state and federal law or regulatory requirements. Therefore, to the extent that this Non-Disclosure and Data Security Agreement conflicts with the ACPS Contract or with any applicable local, state, or federal law, regulation or provision, the more stringent ACPS Contract requirement, law, regulation or provision shall control.

At the conclusion of the Work, Contractor agrees to return all ACPS Information to the ACPS Project Officer. These obligations remain in full force and effect throughout the Work and shall survive any termination of the ACPS Contract.

Authorized Signature:

Printed Name and Title: _______________________________________________

Date:

CONTRACTOR CERTIFICATION REGARDING CRIMINAL CONVICTIONS

This form must be completed by an authorized official for any organization contracting to provide services under a contract with the Alexandria City Public Schools or any of its schools or departments, or any subcontractor under such contractor.

The completed form from the Contractor is a condition precedent to the award of the Contract.

As the official authorized to enter into this Contract on behalf of my organization, I certify that:

I understand that a materially false statement regarding this certification is a Class 1 misdemeanor and that conviction of such misdemeanor shall result in the revocation of this Contract and of any related license that I may hold. I declare under penalty of perjury that the foregoing statements are true and correct.

Address of Firm

ATTACHMENT B – W9

ATTACHMENT C - QUOTE

SUPERINTENDENT SEARCH CONSULTANT SERVICES

Company Name: ____________________________

In accordance with Scope of Work, page 3, the following quote is hereby submitted.

Fee for services in accordance with Scope of Work, page 3, Scope of Work, for the period of Contract Award through successful completion of superintendent search services, in accordance with the Offerors proposal

Expenses as estimated for services in accordance with Scope of Work page 3, Scope of Work, for the period of Contract Award through successful completion of superintendent search services, in accordance with the Offerors proposal. Expected expenses shall be listed as an attachment to this document. Expenses amount shall not exceed without prior negotiation and approval from the School Board. Note: Per diem is approved in accordance with GSA rates for the City of Alexandria, Virginia

TOTAL EVALUATED PRICE $ _______________

Fee pricing shall be all inclusive of labor, overhead, general and administrative costs, and fee. No other charges are applicable to the resultant contract.

Each Offeror shall submit a detailed fee schedule as an attachment to reflect an hourly rate for services per position, include all projected costs for travel, reports, advertising, hourly rates, administrative fees and other related costs.

Attachment D - Sample Contract

ALEXANDRIA CITY SCHOOL BOARD

dba ALEXANDRIA CITY PUBLIC SCHOOLS

ALEXANDRIA, VIRGINIA

And

FOR THE PROVISION OF

EXECUTIVE SEARCH CONSULTANT SERVICES

This Agreement (hereinafter “Agreement”, or “Contract”) is made by and between the Alexandria City School Board dba Alexandria City Public Schools (hereinafter referred to as “ACPS”), a public entity and/or political subdivision of the Commonwealth of Virginia with offices located at 1340 Braddock Place, Alexandria, Virginia 22314; and __________ (hereinafter referred to as the “Consultant”). For the purposes of this Agreement, Alexandria City School Board (“ACSB”) and Alexandria City Public Schools (“ACPS”) may be used interchangeably.

RECITALS

WHEREAS, ACPS Procurement Office through a Small Letter Request for Quote process, as defined and authorized in the Virginia Public Procurement Act (VPPA), Code of Virginia § 2.2-4300 et seq., solicited and received Quotes from the offerors for District Staffing Benchmarking Study, RFQ 126295 (“Request for Quote”);

WHEREAS, on ________, in response to the Request for Quote, the Consultant submitted a quote for the provision of District Staffing Benchmarking Study; and

WHEREAS, on _________ the Consultant was selected by ACPS provision of for District Staffing Benchmarking Study, subject to the terms and provisions in the Request for Quotes and this Agreement; and

NOW, THEREFORE, IN CONSIDERATION of foregoing and the following covenants, warranties and agreements of the parties hereto, as are hereinafter set forth, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged by each party hereto, the parties agree as follows:

1. AGREEMENT DOCUMENTS

The Agreement Documents are comprised of the following:

1. The terms and conditions of this Agreement, including all written and properly executed modifications, amendments and change orders after execution of this Agreement by an authorized representative of the parties;

2. This Agreement including all properly incorporated amendments;

3. Exhibit A- Consultant’s Technical and Cost Proposal

4. RFQ 126295 is incorporated herein by reference;

Where the terms and provisions of this Contract vary from the terms and provisions of other Agreement Documents, the terms and provisions of this Agreement shall prevail over the other Agreement Documents and the remaining Agreement Documents are complementary to each other and if there are any conflicts the most stringent term or provision shall prevail.

The Agreement Documents set forth the entire Contract between ACPS and the Consultant. ACPS and the Consultant agree that no representative or agent of them has made any representation or promise with respect to the parties’ agreement which is not contained in the Agreement Documents.

2. SCOPE OF WORK

The Consultant agrees to perform services described in the Agreement Documents (alternatively, the “Work”). The primary purpose of the Work is to provide for District Staffing and Benchmarking Study. The Agreement Documents set forth the minimum Work estimated by ACPS and the Consultant shall be responsible, at the Consultant’s sole cost, to provide the specific services set forth in the Agreement Documents and sufficient services to fulfill the purposes of the Work. ACPS shall contact the Consultant and provide an overview of the services to be performed, in turn the Consultant shall provide ACPS with a detailed approach and pricing at the time of such request, based on services and scope of the RFQ and the Consultants response to the RFQ. Nothing in the Agreement Documents shall be construed to limit the Consultant’s responsibility to manage the details of its Work.

3. CONTRACTING OFFICER TECHNICAL REPRESENTATIVE (COTR)

The performance of the Consultant required by this Agreement is subject to the review and approval of the ACPS’s Contracting Officer’s Technical Representative (COTR), who shall be appointed by ACPS Superintendent or designee.

However, it shall be the responsibility of the Consultant to manage the details of the execution and performance of its Work under this Agreement. Where the term "Contractor" is used in the Contract Documents, it shall be interpreted to mean "Consultant".

ACPS has authorized the consultant identified below to act as ACPS’s representatives for specific purposes, to perform specified duties and responsibilities, and to have the rights and authorities as assigned in connection with completion of the work in accordance with the Agreement Documents, until such time as ACPS may notify the Consultant otherwise.

4. STANDARD OF CARE

In the performance or furnishing of services hereunder, the Consultant and all its agents, shall exercise the degree of skills and care normally accepted as professional practices and procedures by members of the same profession currently practicing under similar conditions in the same locality (“Customary Standards of Care”) of its Work under this Contract.

5. RESPONSIBILITY FOR CLAIMS AND LIABILITIES

ACPS’s review, approval, or acceptance of, or payment for, any services required under this Agreement shall not be construed to operate as a waiver by ACPS of any rights or any cause of action arising out of the Agreement. The Consultant shall be and remains liable to ACPS for the professional quality of the services required under this Agreement within the Customary Standards of Care.

6. AGREEMENT PERIOD

The Consultant’s performance under this Agreement shall commence upon execution of this Agreement by an authorized ACPS representative, and continue until September 1, 2026 (“Initial Agreement Period”), with an option of one (1) additional, one (1) year renewal from ____ to ____(each period hereinafter referred to as (“Subsequent Agreement Period”), subject to modifications as provided in the Agreement Documents.

The Consultant understands and agrees that continuity of this award is subject to availability of funding by ACPS and satisfactory performance by the Consultant.

7. AGREEMENT RATES

ACPS will pay the Consultant, a not exceed amount of $30,000, in accordance with the terms of the Payment and Invoices paragraph, and Exhibit A for the Consultant’s completion of services described and required in the Agreement Documents.

8. PAYMENTS AND INVOICES

ACPS will not be liable for payment of any purchases made by its employees without appropriate authorization issued by ACPS, via Purchase Order.

The Consultant shall submit invoices for the actual services performed and accepted by ACPS. The invoices shall include a detailed breakdown of the services that were performed, including locations(s) and date(s) and all other pertinent information. All invoices shall reference this Agreement and the ACPS Contract number. If tasks are billed on a percentage basis, the Consultant shall document each invoice with tasks performed during the billing cycle.

For any expense related items intended to be invoiced against Consultant’s “Not to Exceed” costs, an estimate of the proposed expenses for the current month must be submitted to, and approved by, the COTR in writing prior to incurring the expense.

Payment terms will be recorded by ACPS as net forty-five (45) days. ACPS will pay the Consultant within forty-five (45) days after the date of receipt of a correct (as determined by ACPS) invoice approved by ACPS. Unless otherwise specified by the Agreement Documents, payment shall not be made prior to delivery and acceptance of the services.

When submitting the FINAL invoice, Consultant shall indicate as such on the document, marking with a clear stamp or marking of FINAL. By submitting and being compensated for said final invoice, Consultant agrees that the payments rendered are in full compensation for the Work and constitute Accord and Satisfaction of any duties, obligations, or requirements of the Parties. Consultant also releases its rights to any and all claims or disputes related to the provision of the Work, whether known or unknown.

All invoices shall be sent in duplicate to the following address:

Alexandria City Public Schools Attention: Susan Neilson, Clerk of the School Board 1340 Braddock Place Alexandria, VA 22314 Email: susan.neilson@acps.k12.va.us Phone: 571-329-7351

And

Alexandria City Public Schools Attn: Accounting 1340 Braddock Place Suite 620 Alexandria, VA 22314 accountspayable@acps.k12.va.us

9. AVAILABILITY OF FUNDS

All funds for payment by ACPS under this Agreement are subject to the availability of an annual appropriation for this purpose by ACPS. In the event of non-appropriation of funds, ACPS will terminate the Agreement, without the termination charge or other liability to ACPS on the last day of the then current fiscal year or when the appropriation made for the then current year for the services covered by this Agreement is spent, whichever event occurs first. If funds are not appropriated at any time for the continuation of this Agreement, cancellation will be accepted by the Consultant on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and ACPS shall not be obligated under this Agreement beyond the date of termination specified in ACPS’s written notice.

10. PAYMENT TO SUB-CONSULTANT

Within seven (7) days after the receipt of amounts paid for work performed by a sub-consultant under this Contract, the Consultant shall either:

i. Pay the sub-consultant for the proportionate share of the total payment received attributable to the work performed by the sub-consultant under this Contract; or

ii. Notify ACPS and sub-consultant, in writing, of his intention to withhold all or a part of the sub-consultant’s payment and the reason for non-payment.

The Consultant shall pay interest to the sub-consultant on all amounts owed that remains unpaid beyond the seven-day period.

The Consultant shall include in each of its sub-consultants a provision requiring each sub-consultant to include or otherwise be subject to the same payment and interest requirements as set forth above with respect to each lower-tier sub-Consultant.

The Consultant’s obligation to pay an interest charge to a sub-consultant pursuant to this provision may not be construed to be an obligation of ACPS.

11. ADDITIONAL SERVICES

The Consultant shall not be compensated for any goods or services provided except those included in the Agreement Documents and paid for by the Agreement Amount, unless those goods or services are covered by a written amendment to this Agreement signed by ACPS and the Consultant and an ACPS Purchase Order is issued covering the expected cost of such services. ACPS reserves the right to add or delete functional areas at any time during the term of this agreement.

12. INSURANCE REQUIREMENTS

The Consultant shall provide to ACPS Procurement Office a certificate of insurance indicating that the Consultant has the in force the coverage below prior to the start of any Work under this Contract and upon any contract extension(s). The Consultant agrees to maintain such insurance until the completion of this Contract or as otherwise stated in the Contract Documents.

· Workers Compensation-Virginia Statutory limits Workers Compensation (W/C) coverage including Virginia benefits and employer’s liability.

· Commercial General Liability (CGL)- $1,000,000 combined single limit with $2,000,000 aggregate coverage to include Personal Injury, Completed Operations, Contractual Liability and, where applicable to the services, Products and Independent Consultant. ACPS, and its officers, employees and agents must be additional named insureds on the CGL policy.

· Excess Liability/Umbrella -$4,000,000 per Occurrence and Aggregate for bodily injury, property damage, personal and advertising injury, and products and completed operations. Limits should include an aggregate per project for construction projects. Higher limits may be required in some cases.

· Automobile Bodily Injury and Property Damage Liability - $450,000 per incident (Owned, non-owned, or hired, as applicable). Commonwealth of Virginia statutory limit for Uninsured and Underinsured Motorists.

Additional Insured – ACPS, its officers, elected and appointed officials, employees, and agents shall be named as an additional insured in the Consultant’s Commercial General Liability policy and Intellectual Property policy; evidence of the additional insured endorsement shall be typed on the certificate.

Cancellation – If there is a material change or reduction in coverage, nonrenewal of any insurance coverage or cancellation of any insurance coverage required by this Agreement, the Consultant shall notify ACPS immediately. Any policy on which the Consultant has received notification from an insurer that the policy has or will be canceled or materially changed or reduced must be immediately replaced with another policy consistent with the terms of this Agreement and in such manner that there is no lapse in coverage, and ACPS must be immediately notified of the replacement. Not having the required insurance throughout the Agreement Period is considered a material breach of this Agreement and grounds for termination.

Any policy on which the Consultant has received notification from an insurer that the policy has or will be canceled or materially changed or reduced must be replaced consistent with the terms of this Agreement, and ACPS notified of the replacement, in such manner that there is no lapse in coverage.

Contract Identification – The insurance certificate shall state this Agreement number and title.

No acceptance or approval of any insurance by ACPS shall be construed as relieving or excusing the Consultant from liability or obligation imposed upon the Consultant by the provisions of the Contract Documents.

The Consultant shall be responsible for the Work performed under the Contract Documents and every part thereof, and for all materials, tools, equipment, appliances, and property of any description used in connection with the Work. The Consultant assumes all risks for direct and indirect damage or injury to the property or persons used or employed on or in connection with the Work contracted for, and of all damage or injury to any person or property whenever located, resulting from any action, omission, commission or operation under the Contract, or in connection in any way whatsoever with the contracted Work unless resulting solely from the negligence or willful misconduct of ACPS or its employees or agents.

The Consultant shall be as fully responsible to ACPS for the acts and omission of its sub-consultants and of persons directly employed by it unless resulting solely from the negligence or willful misconduct of ACPS or its employees or agents.

Notwithstanding any of the above, the Consultant may satisfy its obligations under this section by means of self-insurance for all or any part of the insurance required, provided that the alternative coverages are submitted to and acceptable to ACPS. The Consultant shall also provide its most recent actuarial report and provide a scope of its self-insurance resolution to determine the adequacy of the insurance funding.

13. PROJECT STAFF

ACPS will, throughout the Agreement Period, have the right of reasonable rejection and approval of staff and sub Consultants assigned under this Agreement. If ACPS reasonably rejects staff or sub Consultants, the Consultants shall provide replacement staff or sub Consultants satisfactory to ACPS in a timely manner and at no additional cost to ACPS.

14. RELATIONSHIP OF THE PARTIES

It is the intent of the parties that the Consultant shall be legally considered as an independent Consultant; that neither it nor its employees, agents or representatives shall, under any circumstances, be considered servants or agents of ACPS; and ACPS will at no time be legally responsible for any negligence or intentional wrongdoing on the part of the Consultant, its servants or agents, resulting in bodily injury to any person or property damage to any individual, firm or corporation. The Consultant shall at all times enforce strict discipline and good order among the workers performing under this Contract, and shall not employ for this Work, any person not reasonably proficient in the Work assigned.

15. SAFETY

The Consultant shall comply with, and shall ensure that the Consultant’s personnel, agents and sub Consultants comply with, all current applicable local, state, and federal policies, regulations and standards relating to safety and health, including by way of illustration and not limitation, the standards of the Virginia Occupational Safety and health program of Department of Labor.

16. RECORDS

The Consultant shall retain all books, records, and other documents relative to the Agreement Documents for five (5) years after its receipt of final payment under this Contract, or until audited by the Commonwealth of Virginia, whichever is sooner. Such records shall include, but not be limited to: all paid vouchers; other reimbursements supported by invoices; ledgers; canceled checks; deposit slips; bank statements; journals; amendments and change orders to the Agreement Documents; insurance documents; payroll documents; timesheets; memoranda; and correspondence. ACPS, its authorized agents, and auditors of the Commonwealth of Virginia shall have full access to and the right to examine all such documents during said period. Records will be available on demand and with reasonable notice during normal working hours.

17. FAITH BASED ORGANIZATIONS

ACPS and Consultant do not discriminate against faith-based organizations.

18. NON-DISCRIMINATION

During the Contract Term, Consultant agrees as follows:

A. Consultant shall not discriminate against any employee or applicant for employment because of race, color, national origin, sex, disability, age, religion, sexual orientation, marital status, status as a parent, or pregnancy in its…