SCSRFP-25-011 FINAL RFP.pdf

REQUEST FOR PROPOSALS

A.I. Monitoring, Weapons Detection and Screening System

RFP # SCSRFP-25-011

DATE: October 11, 2024 PLACE: Schenectady City School District 530 Liberty Street, Schenectady NY 12305 SUBMIT TO: Darla Gullotta, CPPB, NIGP-CPP

Purchasing Agent

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TABLE OF CONTENTS

BACKGROUND 2

INTRODUCTION AND PURPOSE 2

RFP DISTRIBUTION 2

TIMELINE 3

RECEIPT OF PROPOSALS 3

CONTRACT/AGREEMENT 4

CONTRACT TERM 4

GENERAL CONDITIONS 4

REQUEST FOR CLARIFICATION 5

MODIFICATION AND WITHDRAWAL OF PROPOSALS 6

INDEMNIFICATION 6

INSURANCE AND SECURITY REQUIREMENTS 7

FREEDOM OF INFORMATION LAW 8

CONFLICT OF INTEREST 9

VENUE 9

SILENCE ON REQUIREMENTS 9

ADVERTISING 9

INTERFERENCE 9

TERMINATION 10

REPRESENTATIONS 10

CUMULATIVE RIGHTS 10

DEFAULT 10

ETHICS 10

ACCESSIBILITY 11

NON-DISCRIMINATION REQUIREMENTS 11

EXECUTORY CLAUSE 11

RIGHT TO PURCHASE 11

SPECIFICATIONS 12

DEMONSTRATION OF EQUIPMENT 13

PROPOSAL EVALUATION 13

SERVICE/DELIVERY LOCATIONS 13

STATEMENT OF QUALIFICATIONS 14

REFERENCES 16

APPENDIX A

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BACKGROUND

The Schenectady City School District has conducted focus groups, listening sessions, engaged surveys, and consulted various experts in the field of school safety and security and active engagement of stakeholders starting in December 2023 through September 2024. As part of continued efforts to ensure the safety and well-being of students, staff, and school community, the District has moved to enhance school safety through the implementation of weapons detection systems in our schools.

INTRODUCTION AND PURPOSE

The Schenectady City School District (hereafter “the District”) is requesting proposals from firms (hereafter known as “the Firm”) who are qualified to provide an Artificial Intelligence Monitoring, Weapons Detection and Screening System capable of automatically detecting weapons including those that may be concealed on a person as well as inside objects including but not limited to backpacks, gym bags, purses, laptop bags, and briefcases. Detects guns, knives, and explosives as well as components of weapons, such as a slide of a handgun, or a barrel of a rifle.

The proposed system must be able to automatically ignore normal, harmless personal items without the individual passing through the system having to unpack or empty backpacks, purses, laptop bags, briefcases, pockets, etc. Discriminates against everyday items such as keys, cell phones, belt buckles, water bottles. No divesting of these items needed.

RFP DISTRIBUTION- IMPORTANT NOTICE

The Schenectady City School District officially distributes RFP documents through BidNet Direct’s Empire State Purchasing Group website at www.bidnetdirect.com/new-york/schenectadyschools. Copies of RFP documents obtained from any other source are not considered official documents. Only those vendors who obtain RFP documents from Schenectady City School District Purchasing Department, or BidNet Direct’s Empire State Purchasing Group website, are guaranteed to receive addendum information, if such information is issued.

If you have obtained this document from a source other than the Schenectady CSD Purchasing Division or BidNet Direct’s Empire State Purchasing Group website, it is strongly recommended that you obtain an official copy.

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TIMELINE

RFP Issued: October 11, 2024 Site visits: October 24, 2024; beginning 12PM at MPMS, and will continue on to Central

Park Middle School, Oneida Middle School, then will conclude at Schenectady High School

Safety Fair at Schenectady High School: October 24, 2024 3-6PM Questions due: October 25, 2024, 4PM RFP Response due: November 13, 2024, 10AM Evaluation of proposals/recommendation to BOE: November 14, 2024-December 2, 2024.

Approval by the Board of Education: December 4, 2024 Effective date of award: Installation, training, rollout, etc. anticipated to begin during the December holiday break; mutually agreed upon schedule

RECEIPT OF PROPOSALS

Proposals must be received no later than 10AM on Wednesday, November 13, 2024, by one of the two methods described below:

a. Electronic Submission Proposals may be submitted electronically through BidNet’s- Empire State Purchasing Group website, at: https://www.bidnetdirect.com/new-york/schenectadyschools. Proposers are cautioned to allow sufficient time for completing the online proposal submission process.

b. Physical Submission

Three (3) sets of proposal documents (1 original and 2 copies), along with one (1) electronic copy on CD or flash drive, must be submitted, sealed in an opaque envelope or other secure packaging, clearly marked with the name and number of the Proposal “A.I. Monitoring and Weapons Detection System RFP SCSRFP-25-011” and the name and address of the Proposer, at the following address:

Darla Gullotta, Purchasing Agent Schenectady City School District

530 Liberty Street Schenectady, NY 12305

Submission of a proposal indicates acceptance by the Firm of the conditions contained in this request for proposals, unless any and all such exceptions are clearly and specifically noted in the proposal submitted and confirmed in the contracts between the District and the Firm(s) selected.

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CONTRACT/ AGREEMENT

The successful Proposer’s proposal submission, when accepted by the District either by formal letter or acceptance of purchase order, shall legally constitute acceptance and therefore, be subject to all the terms and conditions of the proposal documents. Successful Proposers may also be required to sign a form of contract which includes the terms of this proposal, as well as the final terms and conditions that may result in the negotiation between the District and the respondent. Any and all ambiguities in RFP documents, RFP awards, contracts or related documents, including, shall be construed in favor of the District.

The District shall generate a purchase order(s) or award letter to the successful respondent.

The successful respondent shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of the District.

The District will designate a contract administrator with responsibility to ensure compliance with all the contractual term and conditions, including, but not limited to, the inspection and acceptance of the service(s) provided. The contract administrator will serve as liaison between the District and the successful Proposer.

CONTRACT TERM

The term of the resultant contract shall be effective upon award for a term of 12 months with two one-year extension options.

GENERAL CONDITIONS

The Proposal submitted by the individual Proposer(s) is the document upon which the District will make its initial judgment regarding the Proposer’s qualifications, understanding of the scope and objectives, methodology, and ability to complete services under the contract.

Those submitting Proposals do so entirely at their expense. There is no express or implied obligation by the District to reimburse any firm or individual for any costs incurred in preparing or submitting Proposals, preparing or submitting additional information requested by the District, or for participating in any selection interviews.

Submission of any Proposal indicates acceptance of the conditions contained in the RFP, unless clearly and specifically noted otherwise in the Proposal.

The District reserves the right to reject any and all Proposals, in whole or in part, submitted in response to its RFP.

The District reserves the right to waive any and all informalities and to disregard all non-conforming, non-responsive or conditional Proposals.

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The District may, at any time by written notification to all Proposers, change any portion of the RFP described and detailed herein.

Proposals will be examined and evaluated by the districtwide Safety Subcommittee, with guidance by the Director of Climate and Safety.

During the evaluation of Proposals, the District may require clarification of information or may invite Proposers to an oral presentation to amplify and or validate Proposal contents.

Proposals submitted shall remain valid for a minimum of 45 days

Proposals shall be signed, either in ink or by e-signature, by an authorized officer of the company/ organization.

Conditional Proposals will not be accepted.

REQUESTS FOR CONTENT CLARIFICATION

All inquiries with respect to this Request for Proposals must be directed to the District Purchasing Agent as follows:

Darla Gullotta, Purchasing Agent Schenectady City School District

530 Liberty Street Schenectady, NY 12305

Telephone: (518) 370-8100, extension 36047 Email: gul lottad@schenectadyschools .org

All questions about the meaning or intent of the specifications must be submitted to the aforementioned designated person in writing. Replies will be issued by Addenda mailed or delivered to all parties recorded as having received the proposal documents. Questions received after the final request for content clarification deadline will not be answered. The District will be bound only by responses given by formal written Addenda.

Other than the contact person identified in the Proposal, or their designee, prospective Proposers shall not approach District employees during the period of this RFP process about any matters related to this RFP or any proposals submitted pursuant thereto.

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MODIFICATION AND WITHDRAWAL OF PROPOSALS

Proposals may be modified or withdrawn at any time prior to the opening of Proposals by an appropriate document duly executed (in the manner that a Proposal must be executed) and delivered to the place where Proposals are to be submitted.

If within twenty-four (24) hours after the Proposals are opened, any Proposer files a duly signed written notice with the District and promptly thereafter demonstrates to the reasonable satisfaction of the District that there was a material and substantial mistake in the preparation of its Proposal, that Proposer may withdraw its Proposal. Thereafter, that Proposer will be disqualified from making a further or additional proposal on the work contemplated by this RFP.

Each proposal shall state that it is an irrevocable offer for a period of ninety (90) days from the Proposal opening date. After expiration of the irrevocable offer period, if no contract award has been made, a Proposal may be withdrawn if the Proposer does so in writing directed to the District Purchasing Agent; otherwise, Proposals remain in effect consistent with the terms of this RFP.

INDEMNIFICATION

To the fullest extent permitted by law, the Contractor agrees to hold harmless, indemnify and defend the Schenectady City School District, all its employees/representatives, from and against all claims, damages, losses and expenses (including, without limitations, legal expenses on a solicitor and client basis) arising out of, or in consequence of, any and all acts, omissions, or negligence of the Contractor.

Further, the Contractor agrees to hold harmless, indemnify and defend the District, all its employees/representatives, from and against all suits, actions and proceedings by whomsoever made, brought, or prosecuted, and in any manner based upon, arising out of, related to, occasioned by, or attributable to the infringement or contribution to the infringement of any intellectual or industrial property right, by the articles, methods, processes, or act employed by, or plans, drawings, specifications or other written data provided by the Contractor or its employees in concert with providing services.

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INSURANCE AND SECURITY REQUIREMENTS

The Contractor shall purchase and maintain in full force and effect insurance policies with the limits of insurance provided in the contract documents or the following insurance coverage’s, whichever is greater. The insurance should be from an insurer that has an A.M. Best Rating of “A” or better.

1. Commercial General Liability with limits not less than $1,000,000 per occurrence, $2,000,000 general aggregate, $1,000,000 and $2,000,000 products completed operations aggregate. Such insurance shall cover liability arising from premises, operations, independent contractors, product-completed operations for one year following project completion, personal and advertising injury and liability assumed under an insured contract. There shall be no endorsement or modification of the Commercial GL form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors.

2. If required by owner, professional liability with a limit of $2,000,000 per claim/occurrence and $2,000,000 annual policy aggregate.

3. If required by owner, contractor’s pollution cleanup/remediation and pollution liability with a limit of $2,000,000 per claim and $2,000,000 annual policy aggregate

4. Business Automobile Liability with a limit of not less than $1,000,000 each accident, including owned, non-owned, leased and hired vehicles.

5. Statutory Workers Compensation and employer’s liability coverage for all employees, including corporate officers and sole proprietors.

6. Umbrella/Excess Liability with a limit of not less than $2,500,000 per occurrence/aggregate

Schenectady City School District is to be included as an additional insured on a primary and non-contributory basis for Commercial General Liability, Auto and Umbrella policies. The Commercial General Liability additional insured status shall use form (CG 2037 04/13 for Products/Completed Operations, form CG 2010 04/13 or CG 2038 04/13 for ongoing operations, or their equivalents) and include products-completed operations coverage for three years.

No insurance policies obtained in accordance with this paragraph shall exclude coverage for liability resulting from application of either Section 240 or Section 241 of the New York State Labor Law. A copy of the Additional Insured endorsement should be provided to the District.

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Contractor agrees to require any and all subcontractors hired to perform work on the project to obtain insurance coverage as provided above. All such insurance coverage shall name Schenectady City School District as an additional insured on a primary and noncontributory basis for Commercial General Liability, Auto and Umbrella policies.

The Commercial General Liability shall use form (CG 2037 04/13 for Products/Completed Operations, form CG 2010 04/13 or CG 2038 04/13 for ongoing operations, or their equivalents) and include products-completed operations coverage for 3 years.

All policies required by this paragraph shall include a waiver of subrogation in favor of Schenectady City School District.

All policies and certificates of insurance shall expressly provide that Schenectady City School District must receive 30 days written notice in the event of material alteration, cancellation or nonrenewal of coverage, including subcontractors’ insurance.

No work shall be commenced under the contract until the successful Proposer has delivered to the District Purchasing Agent, or her designee, proof of issuance of all policies of insurance required. If at any time, any of said policies shall expire or become unsatisfactory to the District, the successful Proposer shall promptly obtain a new policy and submit proof of insurance of the same to the District for approval. Upon failure of the successful Proposer to furnish, deliver and maintain such insurance as above provided, the contract may, at the election of the District, be forthwith declared suspended, discontinued or terminated. Failure of the successful Proposer to procure and maintain any required insurance, shall not relieve the successful Proposer from any liability under the contract, nor shall the insurance requirements be construed to conflict with the obligations of the successful Proposer concerning indemnification.

FREEDOM OF INFORMATION LAW

The New York State Freedom of Information Law (FOIL), as set forth in Public Officers Law, Article 6, mandates public access to certain government records. Generally, proposals submitted in response to this RFP may constitute government records subject to FOIL.

Proposals may contain, among other things, certain technical, financial, or other data and information that constitute trade secrets, if publicly disclosed, could cause substantial injury to the commercial enterprise’s competitive position. To protect this information from disclosure under FOIL, respondents should specifically identify the pages of the proposal that contain such information by properly marking the top of the applicable pages as “CONFIDENTIAL” and inserting the following statement in the front of its proposal:

The information of data on pages of this proposal, identified on the top thereof as “CONFIDENTIAL,” contain financial, technical or other information which constitute trade secrets or such, if publicly disclosed, would result in substantial injury to our competitive position. We request that the District use such information only for the evaluation of this

A.I. Monitoring, Weapons Detection and Screening System SCSRFP-25-011 Page 9 of 17 proposal but we understand that District must comply with the provisions of the New York State Freedom of Information Law (FOIL) and that public disclosure of the information contained in this proposal whether or not marked as “CONFIDENTIAL,” and to make no claim for any damages as a result of any such disclosure by the District pursuant to FOIL.

In the event the District receives a FOIL request for disclosure of information marked as “CONFIDENTIAL,” the respondent shall be notified of the request and may expeditiously submit a detailed statement and explanation indicating the reasons the respondent has for believing that the information requested is exempt from disclosure under the law. This detailed statement and explanation shall be used by the District in making its determination as to whether disclosure is required under the law.

CONFLICT OF INTEREST

No public official from the State of New York, Schenectady City School District or any local government unit located within the above counties shall have interest in the agreement.

VENUE

This RFP will be governed and construed according to the laws of the State of New York. By submission of a proposal, all respondents agree that the Supreme Court, State of New York, County of Schenectady, the United States District Court, Northern District of New York shall be the venue for any actions brought under this RFP.

SILENCE OF REQUIREMENTS

The apparent silence of these terms and conditions as to any detail or to the apparent omission from it of the description concerning any point shall be regarded as meaning that only the best business practices are to prevail. All interpretations of these requirements shall be made on the basis of this statement.

ADVERTISING

The successful respondent shall not advertise or publish, without the District’s written approval, the fact that the District has entered into a contract, except to the extent necessary to comply with proper requests for information from an authorized representative of the federal, state or local government.

INTERFERENCE

There shall be no interference with District operations in the performance of the service(s) rendered under this contract.

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TERMINATION

Termination Rights by the District The District may terminate the contract for cause upon thirty (30) days written notice, should the successful respondent be in default of the contract. In such instances, the respondent will be required to remove any/all equipment or supplies at its own expense in a timely manner.

Termination for Default/Non-Performance The District reserves the right to terminate the contract immediately in the event the successful proposer fails to meet and complete schedules, and/or otherwise perform in accordance with the scope of services.

Breach of contract or default authorizes the District to award to the next lowest respondent or purchase services elsewhere and charge the full increase in cost to the defaulting respondent.

REPRESENTATIONS

No information derived from inspection of District records or reports of investigation concerning the agreement, will in any way relieve the successful respondent from its responsibility or from properly performing its obligations under the contract. The District may have provided information as a convenience to the respondent and did so without any warranty whatsoever. The successful respondent is responsible for making its own conclusions and interpretations from the data supplied by the District and from information available from other sources.

CUMULATIVE RIGHTS

The rights and remedies provided by this agreement are cumulative and the use of one right or remedy by a party shall not preclude or waive the right to use any or all of the remedies.

DEFAULT

If the successful respondent is in default, the District may, in its discretion, do all things necessary to affect compliance with the laws, regulation, by laws, directives, rules and conventions referred to herein, and the successful respondent shall, on demand by the District, reimburse the District for all costs incurred by the District for that purpose.

ETHICS

The Proposer/Contractor shall not accept or offer gifts or anything of value, nor enter any business arrangement with any employee, official or agent of the District. Any contract between or initiated by a respondent and a District employee, board member, other than with the purchasing office, shall be grounds for disqualification.

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ACCESSIBILITY

Any documents, web-based information and applications development, or programming delivered pursuant to this contract, must comply with Title II of the American with Disabilities Act and Section 508 of the Rehabilitation Act. Vendor will make all efforts to ensure that all work performed, designs suggested, templates used and functionality developed by them will follow the Web Content Accessibility Guidelines (WCAG) 2.0 AA standards.

NON-DISCRIMINATION REQUIREMENTS

In accordance with Article 5 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional, non-discrimination provisions, the respondent agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any person who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under the agreement.

The Schenectady City School District does not discriminate on the basis of race, color, national origin, sex, disability, or age in its programs, activities, employment, and admissions; and provides equal access to the Boy Scouts and other designated youth groups.

The following person has been designated to handle inquiries regarding the non-discrimination policies: Shannon Tahoe, compliance officer/coordinator, at tahoes@schenectadyschools.org (518) 370-8100 option 3, or 530 Liberty Street, Schenectady, NY 12305. Inquiries concerning the application of the District’s non- discrimination policies may also be referred to the U.S. Department of Education, Office for Civil Rights (OCR), 32 Old Slip, 26th Floor, New York, NY 10005, telephone (646) 428-3800 (voice) or (800) 877-8339

(TTY).

EXECUTORY CLAUSE

This contract shall be deemed executory only to the extent of the monies appropriated and available for the purpose of the contract, and no liability on account thereof shall be incurred by the District beyond the amount of such monies. It is understood that neither this contract nor any representation by any public employee or officer, creates any legal obligation to request, appropriate or makes available, monies for the purpose of the contract.

RIGHT TO PURCHASE

The District reserves the right to reject this proposal in part or its entirety and purchase services from state or county contracts should it be deemed in its best interest.

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SPECIFICATIONS

The District seeks proposals to identify qualified vendors who shall be responsible for providing all the resources required. Proposers are encouraged to develop their proposal based on specifications included within this solicitation document as well as information derived from the site surveys detailed on Page 3 identifying the technical, technological, mechanical and operational needs of the District. Multiple proposals representing varying configurations will be accepted from a proposer.

The proposed system shall:

have ability to detect weapons automatically that are concealed in a purse, backpack, laptop, brief case, pant pocket, shirt pocket, jacket pocket clothes lining, etc.

have the ability, through ongoing proprietary learning capabilities, to adapt to emerging threats be able to distinguish between weapons and harmless personal items with high accuracy be walkthrough device without a top arch or covering be touchless and handle high-density traffic flow have the ability to self-diagnose and alert safety staff of malfunctions so that repairs may be made to minimize system downtime have the multiple lane ability utilize software that is Artificial Intelligence (AI) based or of similar operational ability include optional bag scanner to assist in a touch-free experience be capable of providing 30-minute minimum passthrough rate of 700 middle school students and 2000 high school students

The Proposer shall:

have experience working with clients within the education space provide onsite training and roadmap for implementation methodology complete all installation and maintenance of contracted units be responsible for initial programming of contracted units provide onsite training for appropriate staff members and information technology staff. The

District must be able to request additional training in the future, as necessary provide information regarding the warranty and support the District has access to from the vendor and/or manufacturer include manufacturer’s brochures and descriptive literature for all proposed equipment communicate troubleshooting procedures including the support hotline, hours of operation as well as associated points of contact communicate service level agreements for problem identification and resolution including remote and on-premise troubleshooting and repair/replacement of down units.

provide the location of the nearest service depot and personnel communicate problem severity categorization and the related escalation procedures.

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DEMONSTRATION OF EQUIPMENT

At the discretion of the District, responsive proposals from qualified firms may be requested to participate in a post-RFP interview / demonstration. The Purchasing Department will notify selected proposer(s) via email if the District determines that such demonstrations and interviews are needed.

Prosper(s) who accept the invitation shall demonstrate their competence, qualifications and or ability to satisfy the District’s requirements.

Notification requesting a demo will be sent shortly after RFP opening.

PROPOSAL EVALUATION

It is not the policy of Schenectady City School District to award proposals on the basis of lowest price alone. In arriving at a successful proposer, the following shall be considered:

Price/discount Reputation of the vendor Qualities of the vendor's goods and services The extent to which the goods and services meet the District's needs The long-term cost to the District to acquire the vendor's goods or services Any other relevant factor specifically listed in the request for bids or proposals

The proposal will be evaluated using the following criteria:

Evaluation Criteria Maximum Point Value – Maximum 100 points

Purchase price: 20 Points Reputation of the vendor: 25 Points Quality of vendor's goods/services: 25 Points Best meets the District's needs: 30 Points

SERVICE/DELIVERY LOCATIONS

MPMS (1) – Mont Pleasant Middle School, 1121 Forest Rd. Schenectady, NY 12303 CPMS (1) – Central Park Middle School, 421 Elm St., Schenectady, NY 12304 OMS (1) – Oneida Middle School, 1629 Oneida St., Schenectady, NY 12308 SHS (2) – Schenectady High School, 1445 The Plaza, Schenectady, NY 12308 Portable unit to be used at outdoor sporting events

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STATEMENT OF QUALIFICATIONS

Respondents are requested to submit a complete response to each of the below listed items.

Responses requiring additional space should be submitted as an attachment to your response package. Please reference each response by its item number indicated below.

1. Has your firm provided Weapons Detection Systems and Services for K-12 public school districts in the past? Yes_____ No _____

2. If yes, list up to three school districts that your firm has provided weapons detections systems/services to:

A.__________________________________________________________

B.__________________________________________________________

C.__________________________________________________________

3. Total number of school district clients your firm has serviced in the last 24 months:

4. Has your firm lost any contracts within the last year due to performance issues?

Supplier: Yes ____ No _____ Manufacturer: Yes ____ No _____ If “yes”, please explain. _________________________________________________________________________

5. Confirm that you will provide a copy of your company’s financial statements for the past two (2) years if requested by the district. Supplier: Yes ____ No _____ Manufacturer: Yes ____ No _____

6. Provide a financial rating for your company and any documentation (Dunn and Bradstreet analysis) which indicates the financial stability of your company.

Supplier: ___________________________________ Manufacturer: _____________________________

7. Is your company currently for sale or involved in any transaction to expand or to become acquired by another business entity? Supplier: Yes ____ No _____ Manufacturer: Yes ____ No _____ If yes, please explain the impact both in organizational and directional terms.

8. Provide any details of all past or pending litigation or claims filed against your company/manufacturer that would affect your company’s/manufacturer’s performance under a contract with the District.

9. Is your company/manufacturer currently in default on any loan agreement or financing agreement with any bank, financial institution or other entity? If yes, please specify dates, details, circumstances, and prospect for resolution.

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10. Proposals must include details of the following specifications:

Detection Capabilities: Include in detail the kind and size of objects your system will detect Technology and Components including software and frequency of updates Operational Features Security and Privacy Integration and Compatibility Compliance and Standards Maintenance and Support including initial training Scalability and Customization Reliability and Durability Cost and budget considerations including annual software costs and required contract length

11. Provide details regarding any special services or product characteristics or other benefits offered or advantages in the District selecting your company

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REFERENCES

Please list five references (education-related contracts preferred) that would be representative of your firm’s work and services. Referenced projects must have been ongoing for at least one year or completed within the last three years. The District will contact these references.

School District_____________________________________________________

Contact Name & Title: ______________________________________________

Phone: _________________________________ Period of Performance: _________________________________

Scope of Project: _____________________________________________________________________________

Scope of Project: _______________________________________________________________________________

APPENDIX A

STANDARD CLAUSES FOR

SCHENECTADY CITY SCHOOL DISTRICT CONTRACTS

STANDARD CLAUSES FOR SCSD CONTRACTS APPENDIX A

Page 2 October 2024

TABLE OF CONTENTS

Page

1. Executory Clause 3

2. Non-Assignment Clause 3

3. Workers’ Compensation Benefits 3

4. Non-Discrimination Requirements 3

5. Wage and Hours Provisions 3-4

6. Non-Collusive Bidding Certification 4

7. International Boycott Prohibition 4

8. Set-Off Rights 4

9. Records 4

10. Identifying Information and Privacy Notification 4-5

11. Equal Employment Opportunities For Minorities and Women 5

12. Conflicting Terms 5

13. Governing Law 5

14. Late Payment 5-6

15. No Arbitration 6

16. Service of Process 6

17. Prohibition on Purchase of Tropical Hardwoods 6

18. MacBride Fair Employment Principles 6

19. Omnibus Procurement Act of 1992 6

20. Reciprocity and Sanctions Provisions 7

21. Compliance with Breach Notification and Data Security Laws 7

22. Compliance with Consultant Disclosure Law 7

23. Procurement Lobbying 7

24. Iran Divestment Act 7

25. Admissibility of Contract 8

Page 3 October 2024

STANDARD CLAUSES FOR SCSD CONTRACTS

The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter, "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the Schenectady City School District (hereinafter, “the District”), whether a contractor, licenser, licensee, lessor, lessee or any other party):

1. EXECUTORY CLAUSE. In accordance with Section 41 of the State Finance Law, the District shall have no liability under this contract to the Contractor or to anyone else beyond funds appropriated and available for this contract.

2. NON-ASSIGNMENT CLAUSE. In accordance with Section 138 of the State Finance Law, this contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet or otherwise disposed of without the District’s previous written consent, and attempts to do so are null and void.

Notwithstanding the foregoing, such prior written consent of an assignment of a contract let pursuant to Article XI of the State Finance Law may be waived at the discretion of the District Purchasing Agent, where the assignment is due to a reorganization, merger or consolidation of the Contractor’s business entity or enterprise. The District retains its right to approve an assignment and to require that any Contractor demonstrate its responsibility to do business with the District. The Contractor may, however, assign its right to receive payments without the District’s prior written consent unless this contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law.

3. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law.

4. NON-DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment, nor subject any individual to harassment, because of age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or domestic violence victim status or because the individual has opposed any practices forbidden under the Human Rights Law or has filed a complaint, testified, or assisted in any proceeding under the Human Rights Law. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract.

Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation.

5. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department.

Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay

Page 4 October 2024 or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. Additionally, effective April 28, 2008, if this is a public work contract covered by Article 8 of the Labor Law, the Contractor understands and agrees that the filing of payrolls in a manner consistent with Subdivision 3-a of Section 220 of the Labor Law shall be a condition precedent to payment by the District of any District-approved sums due and owing for work done upon the project.

6. NON-COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139-d of the State Finance Law, if this contract was awarded based upon the submission of bids, Contractor affirms, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the District a non-collusive bidding certification on Contractor's behalf.

7. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139-h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in an international boycott in violation of the federal Export Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations upon the final determination of the United States Commerce Department or any other appropriate agency of the United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the District’s Purchasing Agent within five (5) business days of such conviction, determination or disposition of appeal (2 NYCRR § 105.4).

8. SET-OFF RIGHTS. The District shall have all of its common law, equitable and statutory rights of set-off.

These rights shall include, but not be limited to, the District’s option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the District with regard to this contract, including any contract for a term commencing prior to the term of this contract, plus any amounts due and owing to the District for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The District shall exercise its set-off rights in accordance with normal District practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the District, its representatives, or the New York State Comptroller.

9. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, the "Records"). The Records must be kept for the balance of the calendar year in which they were made and for six (6) additional years thereafter. The District, State Comptroller, the Attorney General and any other person or entity authorized to conduct an examination, shall have access to the Records during normal business hours at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. The District shall take reasonable steps to protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") provided that: (i) the Contractor shall timely inform an appropriate District official, in writing, that said records should not be disclosed; and

(ii) said records shall be sufficiently identified; and

(iii) designation of said records as exempt under the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, the District’s right to discovery in any pending or future litigation.

10. IDENTIFYING INFORMATION AND PRIVACY

NOTIFICATION. (a) Identification Number(s). Every invoice for payment for the sale of goods or services or for transactions (e.g., leases, easements, licenses, etc.)

related to real or personal property must include the payee's identification number. The number is any or all of the following: (i) the payee’s Federal employer identification number, (ii) the payee’s Federal social security number. (b) Privacy Notification. (1) The authority to request the above personal information from a seller of goods or services or a lessor of real or

Page 5 October 2024 personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the District is mandatory. (2) The personal information is requested by the purchasing agent to purchase the goods or services or lease the real or personal property covered by this contract or lease.

11. EQUAL EMPLOYMENT OPPORTUNITIES FOR

MINORITIES AND WOMEN. In accordance with Section 312 of the Executive Law and 5 NYCRR Part 143, if this contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a District is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the District; or (ii) a written agreement in excess of $100,000.00 whereby the District is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State-assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then the following shall apply and by signing this agreement the Contractor certifies and affirms that it is Contractor’s equal employment opportunity policy that:

(a) The Contractor will not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status, shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on State contracts and will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation;

(b) at the request of the District, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor's obligations herein; and

(c) the Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the resultant contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status.

Contractor will include the provisions of "a," "b," and "c" above, in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (the "Work") except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to: (i) work, goods or services unrelated to this contract; or (ii) employment outside New York State. The State shall consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment opportunity which effectuates the purpose of this clause. The District shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or conflict exists, the District shall waive the applicability of Section 312 to the extent of such duplication or conflict. Contractor will comply with all duly promulgated and lawful rules and regulations of the Department of Economic Development’s Division of Minority and Women's Business Development pertaining hereto.

12. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control.

13. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise.

14. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late

Page 6 October 2024 payment shall be governed by Article 11-A of the State Finance Law to the extent required by law.

15. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York.

16. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules ("CPLR"), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the District’s receipt of the return thereof by the United States Postal Service as refused or undeliverable.

Contractor must promptly notify the District, in writing, of each and every change of address to which service of process can be made. Service by the District to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after service hereunder is complete in which to respond.

17. PROHIBITION ON PURCHASE OF TROPICAL

HARDWOODS. The Contractor certifies and warrants that all wood products to be used under this contract award will be in accordance with, but not limited to, the specifications and provisions of Section 165 of the State Finance Law, (Use of Tropical Hardwoods) which prohibits purchase and use of tropical hardwoods, unless specifically exempted, by the State or any governmental agency or political…