Guilford County Schools INVITATION FOR BIDS NO Purchasing Dept

Transcription

1 Guilford County Schools INVITATION FOR BIDS NO Purchasing Dept Bids Due: 501 W. Washington St. Monday, March 10, :00 p.m. Greensboro NC Contract Type: ERATE Refer ALL Inquiries to: Velicia Moore Telephone No. (336) (See page 12 for mailing instructions.) Service: Web Hosting Using Agency Name: Guilford County Schools Agency Requisition No. NOTICE TO BIDDERS Sealed Bids, subject to the conditions made a part hereof, will be received at this office 501 W. Washington St., Greensboro NC 27401, until 2:00pm on the day of opening for furnishing and delivering the commodity as described herein. Refer to page 12 for proper mailing instructions. Bids submitted via facsimile (FAX) machine in response to this Invitation for Bids will not be accepted. EXECUTION In compliance with this Invitation for Bids, and subject to all the conditions herein, the undersigned offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein. By executing this bid, I certify that this bid is submitted competitively and without collusion (G.S ). Failure to execute/sign bid prior to submittal shall render bid invalid. Late bids are not acceptable. BIDDER: FEDERAL ID OR SOCIAL SECURITY NO. STREET ADDRESS: P.O. BOX: ZIP: CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO (800) TYPE OR PRINT NAME & TITLE OF PERSON SIGNING: FAX NUMBER: AUTHORIZED SIGNATURE: DATE: Offer valid for 45 days from date of bid opening unless otherwise stated here: December 31, ACCEPTANCE OF BID If any or all parts of this bid are accepted, an authorized representative of Guilford County Schools (GCS) shall affix their signature hereto and this document and the provisions of the Instructions to Bidders, special terms and conditions specific to this Invitation for Bids, the specifications, and the North Carolina General Contract Terms and Conditions shall then constitute the written agreement between the parties. A copy of this acceptance will be forwarded to the successful bidder(s). FOR GUILFORD COUNTY SCHOOLS USE ONLY Offer accepted and contract awarded this day of, 20, as indicated on attached certification or purchase order,, by (Authorized representative of Guilford County Schools). 02/2014

2 Page: 2 GUILFORD COUNTY SCHOOLS BID# TECHNOLOGY SERVICES Request for Proposal Web Hosting Services

3 Page: 3 SECTION 01 INTRODUCTION Part 1 District Information 1.1. Guilford County Schools (GCS) is the third largest district in North Carolina serving more than 72,300 students across 126 schools in urban, suburban and rural areas. Located in Guilford County in central North Carolina, GCS employs over 9,000 full time personnel, including 249 principals and assistant principals, 2,540 elementary teachers, and 1,158 secondary teachers. Part 2 Purpose of RFP 2.1. GCS is seeking to partner with a Web Hosting Services Provider to obtain web site hosting, web site design, and web site content management services This RFP is designed to provide a detailed description of services required and the ability of each responding provider to provide those services Responses to this RFP should include all services above and beyond the listed requirements that the provider believes would enhance the service to GCS. Part 3 General Provisions 3.1. Issuance of this RFP does not commit GCS to issue an award. Providers are responsible for all expenses incurred by the Provider in the preparation of a response to this RFP. This includes attendance at interview, presentations, or other meetings and demonstrations, where applicable All proposals shall adhere to the instructions and format requirements outlined in this RFP and all written supplements and amendments issued by GCS. Proposals are to follow the format and respond to all questions and instructions specified in SECTION 04 RESPONSE GCS will consider materials provided in the proposal, information obtained through interviews/presentations (if any), and internal GCS information of previous contract history with the Provider (if any) in consideration of proposal scoring. GCS also reserves the right to consider other reliable references and publicly available information in evaluating a Provider s experience and capabilities The proposal must be signed by a person authorized to legally bind the Provider and shall contain a statement that the proposal and the pricing contained therein will remain valid for a period of 1 year from the date and time of the proposal submission The RFP and the Provider s proposal, including all appendices and attachments, may be incorporated in the final contract, if awarded Following announcement of an award decision, all submissions in response to this RFP will be considered public records for public inspection pursuant to the State of North Carolina General Statutes, Chapter 132. In the event a request is made to produce a proposal, GCS will provide the proposal to the requester. GCS will not undertake to determine where any proposal or part of proposal is confidential or otherwise protected from disclosure GCS, at its sole discretion, reserves the right to recognize and waive minor informalities and irregularities found in proposals If a Provider cannot provide something as described in this RFP, that Provider may propose something that is functionally equivalent. Provider must provide an explanation of the equivalency All applicable laws, whether or not herein contained, shall be included by this reference. It shall be the Provider s responsibility to determine the applicability and requirements of any such laws and to abide by them For purposes of contract, arbitration, and other legal matters, GCS shall be the binding legal entity and authority. No state laws or statutes other than those of North Carolina are considered binding. Part 4 Number of Awards and Contract

4 Page: GCS anticipates making a single award as a result of this RFP process. This award will take the form of a contract between the qualified Provider and GCS. Part 5 Contract Term 5.1. GCS is seeking a cost-efficient proposal to provide services, as defined in this RFP, for the contract period of July 1, 2014 June 30, Pricing for the proposal shall be based on a one year term Following the initial one year term of the contract, GCS may opt to renew the contract for up to five (5) additional one year period(s), subject to satisfactory performance. There is no guarantee that an extension will be exercised and Providers should have no expectation of this occurring. Part 6 Minority and Woman Owned Business (MWBE) 6.1. The Guilford County Board of Education promotes full and equal access to business opportunities with GCS. Minority and woman owned businesses as well as other responsible vendors shall have a fair and reasonable opportunity to participate in GCS business opportunities Prime suppliers (i.e., those who deal directly with GCS) should support the GCS MWBE Program by making an effort to engage minority and woman owned businesses as subcontractors for good and services to the extent available. GCS has a goal of 10% participation. The proposal shall address efforts to meet the goal. Questions about this process should be submitted to Tammie Hall at or hallt6@gcsnc.com. End of Section 01 SECTION 02 PROVIDER REQUIREMENTS Part 1 General 1.1. Public agencies, private for-profit companies, and non-profit companies and institutions are invited to submit proposals in response to this RFP. Partnerships and consortia of entities may work together to respond to this RFP. However, each proposal must clearly identify a prime Provider. The prime Provider will be responsible for providing all deliverables as defined by any resulting contract according to the terms and conditions as set forth in any resulting contract. Part 2 E-Rate Compliance 2.1. This RFP is prepared for participation in the Universal Service E-Rate Program. Awarded contracts will be submitted to The Schools and Libraries Corporation for supplemental funding. Provider will be required to provide a SPIN number (Service Provider Identification Number) for participation Providers should familiarize themselves with E-Rate program requirements before submitting a proposal. End of Section 02 SECTION 03 SERVICE REQUIREMENTS Part 1 General 1.1. The following general requirements shall be considered mandatory for all qualified responses: 1.2. Complete and Cost Effective A. The Provider must provide a solution that is both functionally complete and cost effective. The Provider must demonstrate the ability, capacity, and flexibility to collaborate successfully and actively with GCS. B. Response shall include a summary description of the service being proposed and fully disclosed and inclusive cost Ongoing Improvements A. GCS is vitally interested in investing in solutions which have long-life and upgradeability to provide continuing and enhanced capabilities over time, including migration to evolving standards. Provider must describe its solution s ability to adapt to or incorporate improved technology. B. Response shall include a description of how the Provider s service fulfills this requirement Hosted Service

5 Page: 5 A. Service shall be fully hosted on cloud servers. There shall be no server expense for GCS. B. Response shall include a description of the hosting cloud. Part 2 Web Sites 2.1. District Site A. Provider shall host the district web site, including but not limited to, web pages, audio, video, forms, dynamic content, and all other web accessible information Department Sites A. Provider shall host department sites for all departments within GCS. Department sites shall include, but not limited to, web pages, audio, video, forms, dynamic content, and all other web accessible information. B. Department sites shall be built on templates to insure a uniform look and feel to the entire GCS web site School Sites A. Provider shall host school sites for all schools within GCS. School sites shall include, but not limited to, web pages, audio, video, forms, dynamic content, and all other web accessible information. B. School sites shall be built on templates to insure a uniform look and feel to the entire GCS web site Teacher Sites A. Provider shall host teacher sites for all teachers within GCS. Teacher sites shall include, but not limited to, web pages, audio, video, forms, dynamic content, and all other web accessible information. B. Teacher sites shall be built on templates to insure a uniform look and feel to the entire GCS web site. C. Teacher sites should be easy to create, edit, and maintain with limited technical skill Class Pages A. Provider shall host class pages for all classes within GCS. Class sites shall include, but not limited to, general information, assignments, grading information, and other class specific information. B. Class sites shall be organized and accessed according to class rosters, with roster information coming from PowerSchool. C. Class sites shall be built on templates to insure a uniform look and feel to the entire GCS web site. D. Class sites should be easy to create, edit, and maintain with limited technical skill Video Site A. Provider shall host video sites for GCS and GCS-TV. B. Site shall enable streaming of live and recorded content. C. Site shall be organized to provide a clean, consistent, and easy to use interface for news, instructional, and other video content. Part 3 Design 3.1. District Site Design A. Provider shall provide design assistance in creating the overall district theme. B. Assistance shall include functionality, look and feel, and other design issues regarded as important to the overall web site experience Template Design A. Provider shall provide design assistance in creating templates for the district, schools, and departments. B. Templates will be created as unique and specific templates for GCS. Templates may be based on premade templates, however it is expected that the template be customized to GCS branding, colors, fonts, navigation, and functionality.

6 Page: 6 C. Assistance shall include functionality, look and feel, and other design issues regarded as important to the overall web site experience. Part 4 Mobile 4.1. Service shall provide a mobile compatible website experience Website look and feel, information, and functional aspects shall be reproduced as closely as practical to the full desktop website No additional apps shall be required for basic website functionality If a mobile app is used to provide a more robust mobile experience, the app must be free for download and use, and available from the Apple App Store and Google Play. Part 5 Server-Side Applications 5.1. Service shall provide the ability to include server-side scripting Scripting shall be available in Javascript as well as other mainstream web application scripting Scripts shall be able to be loaded onto the server by GCS staff. Part 6 Compliance 6.1. Web Standards Compliance A. Web sites must be W3C compliant and function properly with all major operating systems and browsers including, but not limited to, Microsoft Windows, Macintosh, Linux, ios, Android, Internet Explorer, Chrome, Firefox, and Safari Accessibility and Privacy Compliance A. Provider shall insure that their service complies with The Americans with Disabilities Act (ADA), Children s Online Privacy Protection Act (COPPA), Children s Internet Protection Act (CIPA), and other applicable laws Security Compliance A. Service shall provide 128-bit encryption and secure socket layer (SSL) for all secure transactions. B. Service shall be hosted behind a leading firewall, and include real-time threat protection. C. Hosting facility shall be manned by 24 hour security. Part 7 Reliability 7.1. Provider shall describe its service in terms of bandwidth, storage, and up-time Bandwidth is expected to be sufficient to provide a good user experience both for employees and the public. Site access and response time shall be maintained at a continuous level of service of no more than a 5 second page load time Storage space shall be adequate for all reasonable needs of the district for web pages, calendars, classroom pages, and other general information including, but not limited to, documents, audio files, video files, etc Up-time shall be maintained at 99.9% or above Hosting service shall have redundant servers, redundant networks, and geographically diverse locations. Part 8 Lightweight Directory Access Protocol (LDAP) 8.1. Service shall be compatible with the Microsoft Active Directory implementation of LDAP User accounts for all employee and student users shall be implemented through Active Directory integration. Part 9 PowerSchool Compatibility 9.1. All aspects of the service including, but not limited to, teacher and staff rosters, student rosters, and class rosters shall be compatible with and receive data from the NC-DPI PowerSchool implementation Data transfer should be automatic and require no formatting, massaging, or other GCS personnel labor. Part 10 Public Directory Service shall provide for the creation of a public access directory to facilitate public usernames, passwords, and access.

7 Page: Public user passwords shall be able to be reset via a secure, online solution Service shall provide for the ability to subscribe to content and receive real-time updates via and mobile devices. Part 11 Communications Broadcast Service shall provide communications broadcast capabilities via and SMS text messaging Service shall use both PowerSchool staff and student rosters, as well as public directory rosters Communications shall be customized to GCS look and feel Communications shall be able to be sent to individuals, groups, classes, departments, or any other definable group. Part 12 Conversion Provider will provide all necessary time, labor, tools, etc. to move and convert the existing GCS websites to the new service. GCS shall only be required to provide minimal assistance with design, scheduling, etc Conversion shall be designed and planned to minimize disruption to current web services All current website content shall be converted to the new service Conversion shall incur no extra costs not included in the response. Part 13 Training Provider will supply training materials including print, web, and video explaining all functions of the web hosting service Provider will supply training materials for end users Provider will supply on-site training for train the trainer users. Training shall be scheduled once per year Provider will supply on-site training for technology system administrators as defined by GCS. Training shall be scheduled once per year. Part 14 Support Employee Support A. Provider will provide 24 hour, 7 day support. 1. Support shall be provided by and telephone. 2. Support shall be provided to all GCS employees. 3. Support personnel shall be able to perform any and all necessary tasks to provide a consistent user experience to the end user Public Support A. Provider will provide 24 hour, 7 day support. 1. Support shall be provided by and telephone. 2. Support shall be provided to all registered user of the GCS websites. 3. Support personnel shall be able to perform any and all necessary tasks to provide a consistent user experience to the end user Conversion Support A. Provider will provide full support for design and conversion from 8:00 AM to 5:00 PM Monday through Friday. B. Support personnel shall be able to perform any and all necessary tasks to provide a quick resolution to conversion tasks and issues. C. Support shall be provided by , telephone, and remote desktop. End of Section 03 SECTION 04 RESPONSE Part 1 General 1.1. This section contains instructions for Providers to use in preparing their proposals. The Provider s proposal must follow the outline in this RFP, including the Section and Numbering Headings.

8 Page: Failure to use the outline specified or to respond to all questions and instructions may result in the proposal being disqualified as non-responsive or receiving a reduced score GCS has sole discretion to determine whether a variance from the RFP requirements should result in either disqualification or reduction in scoring GCS seeks detailed, yet succinct, responses that demonstrate the Provider s experience and ability to perform the requirements of this RFP Providers may submit one (1) alternate proposal. The alternate shall be submitted separately and shall follow all requirements as listed in this RFP. Alternate proposals will be reviewed and scored according to the same requirements and guidelines as all other proposals. GCS is only interested in alternate proposals if the alternate is materially different than the main proposal. Alternate proposals shall be labeled clearly on the cover page ALTERNATE PROPOSAL. Part 2 Proposal 2.1. Quantity A. One (1) original and five (5) hard copies of the proposal shall be submitted. One (1) electronic copy is also required on either compact disk or USB drive Cover Page A. There must be a cover page as the first page of the proposal. B. Cover page shall match, as closely as possible, the sample cover page provided. C. Cover page shall be dated and signed by a person authorized to enter into contracts on behalf of the Provider Physical Format A. Proposal shall be bound or secured in a binder. B. Proposal shall be typed or printed. C. Proposal shall be single-spaced with 1 margins on white 8 ½ x 11 paper using a font no smaller than 12 point Times New Roman. D. All pages shall be numbered consecutively beginning with number 1 on the first page of the narrative (this does not include the cover page or table of contents pages) through to the end, including all forms and attachments. E. The Provider s name shall appear on every page, including attachments. F. Each attachment shall reference the Section and Number to which it corresponds Provider shall be concise and respond to each section and instruction. Number each response to correspond to the relevant section or instruction. Repeat the section or instruction (italics) prior to responding to the question or instruction Each section shall contain an answer. At a minimum the answer should be (Provider) agrees to this requirement Include any forms provided in the RFP package or reproduce those forms as closely as possible. All information shall be presented in the same order and format as described It is the responsibility of the Provider to include all information requested at the time of submission. Failure to provide information requested may, at the discretion of GCS, result in a lower scoring or the proposal being disqualified. End of Section 04 SECTION 05 EVALUATION Part 1 Review Team 1.1. A review team of qualified reviewers will judge the merits of the proposals in accordance with the criteria defined in the RFP, and in accordance with the most advantageous cost and effectiveness considerations for GCS.

9 Page: The review team reserves the right to communicate and/or schedule interviews/presentations with Providers, if needed to obtain clarification of information contained in the proposal. The review team may revise the scores assigned in the initial evaluation to reflect these communications and/or interviews/presentations. Changes to the proposal will not be permitted during any interview/presentation. Part 2 Acceptable Proposal 2.1. For any proposal to be considered acceptable it must meet all of the requirements listed in this RFP. Part 3 Scoring Weights 3.1. The total proposal score will be based on 100 points and will measure the degree to which each proposal meets the RFP requirements. A Price B Provider Qualifications and References C Web Sites D. 15 Design Services E. 15 Conversion Services F. 15 Training and Support Part 4 Scoring Process 4.1. The review team will use a consensus approach to evaluate the proposals. Members of the review team will score the proposals individually. The individual scores will be discussed by the entire team and final scores will come from a team consensus If a contract is awarded, the Provider will be chosen by having the proposal with the highest score, if all other requirements are met Cost Scoring A. The score for cost will be obtained through the following formula: 1. Lowest cost proposal will receive 25 points. 2. (lowest cost / cost) x 25 = prorated score. Part 5 Negotiation 5.1. The review team reserves the right to negotiate with the highest scoring Provider. Such negotiations may not significantly vary the content, nature, or requirements of the proposal In the event that an acceptable contract cannot be negotiated with the highest scoring Provider, the review team may withdraw its recommendation and negotiate with the next highest scoring Provider. Part 6 Selection and Award 6.1. The final recommendation regarding the award of a contract will be made by the review team to the GCS Board of Education Notification of the contract awards will be made in writing after approval by the GCS Board of Education Issuance of this RFP in no way constitutes a commitment by GCS to award a contract GCS Board of Education reserves the right to reject any and all proposals or to make multiple awards, whichever is most advantageous to GCS. End of Section 05

10 Page: 10 APPENDIX A Cover Page Request for Proposal Web Hosting Services Provider Address City, State Zip Phone Proposal Contact Address City, State Zip Phone Fax

11 Page: 11 APPENDIX B Pricing Page Request for Proposal Web Hosting Services Provider Address City, State Zip Phone Total Proposal Price (includes all costs associated with the proposal response.) $ per year Additional Options (Options may be listed if they are not requirements of the RFP. Only the Total Proposal Price shall be used in evaluation of the RFP Proposal. $ $ $ $ $ $ $ $ End of RFP End of Appendix B

12 Page: 12 BID REVIEW AND AWARD: Guilford County Schools reserves the right to reject any or all bids presented and to waive any informalities and irregularities. Award of this bid may be in whole or in part as deemed to be in the owner's best interest. All projects are awarded contingent upon funding. No bid may be withdrawn after the scheduled closing time for the receipt of bids for a period of 60 days. MAILING INSTRUCTIONS: Mail only one fully executed bid document, unless otherwise instructed, and only one bid per envelope. Address envelope and insert bid number as shown below: It is the responsibility of the bidder to have the bid in this office by the specified time and date of opening. DELIVERED BY US POSTAL SERVICE DELIVERED BY ANY OTHER MEANS BID NO BID NO Guilford County Schools Guilford County Schools Purchasing Dept. 501 W. Washington St. Purchasing Dept. 501 W. Washington St. Greensboro NC Greensboro NC ATTN: Velicia Moore ATTN: Velicia Moore TABULATIONS: The Division has implemented an Interactive Purchasing System (IPS) that allows the public to retrieve bid tabulations electronically from our Internet web site: < >. Click on the IPS BIDS icon, click on Search for Bid, enter the bid number, and then search. Tabulations will normally be available at this web site not later than one working day after opening. Lengthy tabulations may not be available on the Internet, and requests for these verbally or in writing cannot be honored. VENDOR REGISTRATION AND SOLICITATION NOTIFICATION SYSTEM: Vendor Link NC allows vendors to electronically register free with the State to receive electronic notification of current procurement opportunities for goods and services available on the Interactive Purchasing System. Online registration and other purchasing information are available on our Internet web site: < >. TRANSPORTATION CHARGES: FOB TO DESIGNATED SITE IN GUILFORD COUNTY, NC, WITH ALL TRANSPORTATION CHARGES PREPAID AND INCLUDED IN THE BID PRICE. DESCRIPTIVE LITERATURE: All proposals must be accompanied by complete, descriptive literature, specifications and other pertinent data necessary for their complete evaluation. INFORMATION REQUIRED WITH BID: Indicate manufacturers model numbers and prices of items offered in the spaces provided. Submit complete descriptive literature and specifications on all items offered. Bids which fail to comply may be subject to rejection DELIVERY: Substantial completion date is N/A. Final Completion date is N/A. REFERENCES: The Guilford County Schools reserves the right to require upon its request a list of users of the exact model of equipment bid. The Guilford County Schools may contact these users to determine quality level of the offered equipment. Such information may be considered in the evaluation of the bid. WARRANTY: The contractor warrants to the owner that all equipment furnished under this specification will be new, of good material and workmanship, and agrees to replace promptly any part or parts which by reason of defective material or workmanship shall fail under normal use, free of negligence or accident, for a minimum period of twelve (12) months from date put in operation. Such replacement shall include all parts, labor, and transportation cost to the location where equipment is down, free of any charge to the owner or his representative. SCOPE: If specified, all items called for in the Invitation to Bids shall be furnished, delivered, off-loaded, completely installed and left ready for use. Any item not specifically requested, but necessary for a complete installation, shall be included. The successful bidder shall assume complete responsibility for the proper fitting of his equipment. BRAND NAME: Unless otherwise indicated, manufacturer names and model numbers specified are used for purposes of identifying and establishing general quality level desired. Such references are not intended to be restrictive and comparable products of other manufacturers will be considered. The specifications following are the minimum acceptable

13 Page: 13 by the Guilford County Schools. Any deviations from the specifications shall be so stated in writing in the bidder s response. INSURANCE The following insurance requirements supersede the N C. General Contract Terms and Conditions (Item No. 18, Page 15 -Insurance). THE GUILFORD COUNTY SCHOOLS REQUIRE THE FOLLOWING INSURANCE COVERAGES: a. Workmen's Compensation Insurance The Contractor shall maintain during the life of his contract all such workmen's compensation insurance as is or may be required by the laws of North Carolina. b. Public Liability Insurance The Contractor shall maintain public liability insurance covering his liability for bodily injury and property damage which may arise from his operations, contractual obligations, products and completed operations, as well as operations performed by independent contractors, in not less than the following amounts: 1. A combined single limit (CSL) of $1,000,000 each occurrence, or 2. A $1,000,000 limit for Bodily Injury Liability, and $1,000,000 limit for Property Damage Liability. An occurrence form of policy will be required, and the certificate of insurance submitted by the Contractor must be personally signed by a resident licensed agent of each of the companies listed on that form. c. Certificate of Insurance Each Contractor shall furnish the Owner a certificate of insurance showing that the required workmen's compensation and public liability insurance are carried by the Contractor. The certificate of insurance should show that it is issued to or at the request of the Guilford County Board of Education, High Point, North Carolina. All insurance carriers shall be licensed to do business in North Carolina or approved to issue insurance coverage by the Commission of Insurance of North Carolina. The certificate of insurance shall include substantially the following provision: The insurance policies to which this certificate refers shall not be altered or canceled until after ten (10) days' written notice of such cancellation or alteration has been sent by certified mail to the Guilford County Board of Education, High Point, North Carolina. d. Right to Reject The Board of Education reserves the right to reject any carrier of insurance shown in the certificate of insurance by the Contractor on the grounds of poor claim service or financial responsibility. IMPORTANT NOTES: Please be sure to describe your best warranty offering, any special training or special benefits at no charge that may be available, and any unique benefits you may offer. Award may be determined by best value analysis not necessarily the lowest price received. TAXES: Guilford County Schools is NOT Tax-Exempt. Unless otherwise indicated, tax must be computed and added to your bid. Any itemized shipping charges are also subject to tax. When invoiced, tax should be invoiced as a separate line item. Purchases made by Guilford County Schools are contingent upon available funding.

14 Page: 14 NCTC Services 11/01/10 NORTH CAROLINA GENERAL CONTRACT TERMS AND CONDITIONS (Contractual and Consultant Services) 1. GOVERNING LAW: This contract is made under and shall be governed and construed in accordance with the laws of the State of North Carolina. 2. SITUS: The place of this contract, its situs and forum, shall be Guilford County, North Carolina, where all matters, whether sounding in contract or tort, relating to its validity, construction, interpretation and enforcement shall be determined 3. INDEPENDENT CONTRACTOR: The Contractor shall be considered to be an independent contractor and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. The Contractor represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such employees shall not be employees of, or have any individual contractual relationship with the Guilford County School District. 4. KEY PERSONNEL: The Contractor shall not substitute key personnel assigned to the performance of this contract without prior written approval by the District s Contract Administrator. The individuals designated as key personnel for purposes of this contract are those specified in the Contractor s proposal. 5. SUBCONTRACTING: Work proposed to be performed under this contract by the Contractor or its employees shall not be subcontracted without prior written approval of the District s Contract Administrator. Acceptance of an offeror s proposal shall include any subcontractor(s) specified therein. 6. PERFORMANCE AND DEFAULT: If, through any cause, the Contractor shall fail to fulfill in timely and proper manner the obligations under this agreement, the District shall thereupon have the right to terminate this contract by giving written notice to the Contractor and specifying the effective date thereof. In that event, all finished or unfinished deliverable items under this contract prepared by the Contractor shall, at the option of the District, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such materials. Notwithstanding, the Contractor shall not be relieved of liability to the District for damages sustained by the District by virtue of any breach of this agreement, and the Agency may withhold any payment due the Contractor for the purpose of setoff until such time as the exact amount of damages due the District from such breach can be determined. In case of default by the Contractor, the District may procure the services from other sources and hold the Contractor responsible for any excess cost occasioned thereby. The District reserves the right to require a performance bond or other acceptable alternative performance guarantees from successful offeror without expense to the District. In addition, in the event of default by the Contractor under this contract, the District may immediately cease doing business with the Contractor, immediately terminate for cause all existing contracts the District has with the Contractor, and de-bar the Contractor from doing future business with the District. Upon the Contractor filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the Contractor, the District may immediately terminate, for cause, this contract and all other existing contracts the Contractor has with the District, and de-bar the Contractor from doing future business Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. 7. TERMINATION: The District may terminate this agreement at any time by days notice in writing from the District to the Contractor. In that event, all finished or unfinished deliverable items prepared by the Contractor under this contract shall, at the option of the District, become its property. If the contract is terminated by the District as provided herein, the Contractor shall be paid for services satisfactorily completed, less payment or compensation previously made. 8. PAYMENT TERMS: Payment terms are Net not later than 30 days after receipt of correct invoice(s) or acceptance of services, whichever is later, or in accordance with any special payment schedule identified in this RFP. The using District is responsible for all payments to the contractor under the contract. Payment by some agencies may be made by procurement card and it shall be accepted by the contractor for payment if the contractor accepts that card (Visa, Mastercard, etc.) from other customers. If payment is made by procurement card, then payment may be processed immediately by the contractor. 9. AVAILABILITY OF FUNDS: Any and all payments to the Contractor are dependent upon and subject to the availability of funds to the District for the purpose set forth in this agreement. 10. CONFIDENTIALITY: Any information, data, instruments, documents, studies or reports given to or prepared or assembled by the Contractor under this agreement shall be kept as confidential and not divulged or made available to any individual or organization without the prior written approval of the District.

15 Page: CONFIDENTIALITY: Any information, data, instruments, documents, studies or reports given to or prepared or assembled by the Contractor under this agreement shall be kept as confidential and not divulged or made available to any individual or organization without the prior written approval of the District. 12. CARE OF PROPERTY: The Contractor agrees that it shall be responsible for the proper custody and care of any property furnished it for use in connection with the performance of this contract or purchased by it for this contract and will reimburse the District for loss of damage of such property. 13. COPYRIGHT: No deliverable items produced in whole or in part under this agreement shall be the subject of an application for copyright by or on behalf of the Contractor. 14. ACCESS TO PERSONS AND RECORDS: The State Auditor and the using agency s internal auditors shall have access to persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions in accordance with General Statute and Session Law , Section 21 (i.e., the State Auditors and internal auditors may audit the records of the contractor during the term of the contract to verify accounts and data affecting fees or performance). 15. ASSIGNMENT: No assignment of the Contractor s obligations nor the Contractor s right to receive payment hereunder shall be permitted. However, upon written request approved by the issuing purchasing authority, the District may: a. Forward the contractor s payment check(s) directly to any person or entity designated by the Contractor, or b. Include any person or entity designated by Contractor as a joint payee on the Contractor s payment check(s). In no event shall such approval and action obligate the District to anyone other than the Contractor and the Contractor shall remain responsible for fulfillment of all contract obligations. 16. COMPLIANCE WITH LAWS: The Contractor shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, district, and local agencies having jurisdiction and/or authority. 17. AFFIRMATIVE ACTION: The Contractor shall take affirmative action in complying with all Federal and State requirements concerning fair employment and employment of people with disabilities, and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin, or disability. 18. INSURANCE: During the term of the contract, the contractor at its sole cost and expense shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the contract. As a minimum, the contractor shall provide and maintain the following coverage and limits: a. Worker s Compensation - The contractor shall provide and maintain Worker s Compensation Insurance, as required by the laws of North Carolina, as well as employer s liability coverage with minimum limits of $150,000.00, covering all of Contractor s employees who are engaged in any work under the contract. If any work is subcontracted, the contractor shall require the subcontractor to provide the same coverage for any of its employees engaged in any work under the contract. b. Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in the minimum amount of $500, Combined Single Limit. (Defense cost shall be in excess of the limit of liability. c. Automobile - Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non-owned vehicles, used in connection with the contract. The minimum combined single limit shall be $150, bodily injury and property damage; $150, uninsured/under insured motorist; and $1, medical payment. Providing and maintaining adequate insurance coverage is a material obligation of the contractor and is of the essence of this contract. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The contractor shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this contract. The limits of coverage under each insurance policy maintained by the contractor shall not be interpreted as limiting the contractor s liability and obligations under the contract. 19. ADVERTISING: The offeror shall not use the award of a contract as part of any news release or commercial advertising. 20. ENTIRE AGREEMENT: This contract and any documents incorporated specifically by reference represent the entire agreement between the parties and supersede all prior oral or written statements or agreements. This Request for Proposals, any addenda thereto, and the offeror s proposal are incorporated herein by reference as though set forth verbatim. All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal or State statutes of limitation.

16 Page: AMENDMENTS: This contract may be amended only by written amendments duly executed by the District and the Contractor. The NC Division of Purchase and Contract shall give prior approval to any amendment to a contract awarded through that office. 22. TAXES: G.S bars the Secretary of Administration from entering into contracts with vendors if the vendor or its affiliates meet one of the conditions of G. S (b) and refuse to collect use tax on sales of tangible personal property to purchasers in North Carolina. Conditions under G. S (b) include: (1) Maintenance of a retail establishment or office, (2) Presence of representatives in the State that solicit sales or transact business on behalf of the vendor and (3) Systematic exploitation of the market by media-assisted, media-facilitated, or media-solicited means. By execution of the proposal document the vendor certifies that it and all of its affiliates, (if it has affiliates), collect(s) the appropriate taxes. 23. GENERAL INDEMNITY: The contractor shall hold and save the District, its officers, agents, and employees, harmless from liability of any kind, including all claims and losses accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the contractor in the performance of this contract and that are attributable to the negligence or intentionally tortious acts of the contractor provided that the contractor is notified in writing within 30 days that the District has knowledge of such claims. The contractor represents and warrants that it shall make no claim of any kind or nature against the District s agents who are involved in the delivery or processing of contractor goods to the District. The representation and warranty in the preceding sentence shall survive the termination or expiration of this contract. 24. OUTSOURCING: Any vendor or subcontractor providing call or contact center services to the State of North Carolina or any of its agencies or districts shall disclose to inbound callers the location from which the call or contact center services are being provided. If, after award of a contract, the contractor wishes to outsource any portion of the work to a location outside the United States, prior written approval must be obtained from the Guilford County Schools District. Vendor must give notice to the Guilford County Schools of any relocation of the vendor, employees of the vendor, subcontractors of the vendor, or other persons performing services under a contract outside of the United States. 24. SPECIAL REQUIREMENTS REGARDING CRIMINAL BACKGROUND A. Criminal Background Investigations of individuals working on school property (sites occupied with students and sites not occupied with students). B. At a minimum, a vendor shall obtain a complete North Carolina statewide criminal background investigation for all employees who will work on a site, covering a period for the last seven (7) years. In the event that the vendor is from out of state, the criminal background investigation shall be broadened to include their home state, as well as the state of North Carolina as outlined above. The company providing such information must be recognized by local law enforcement agency as qualified to do so. All costs associated with these criminal background checks is the responsibility of the vendor. On sites that are occupied with students and staff, a daily sign-in sheet will be presented by each prime contractor to the principal and SRO Student Resource Officer by 9:00 a.m. each morning. If there is no SRO provide to the Principal. This list will contain the name of each person on site and the company they work for. C. Any individual with the following criminal convictions or pending charges will NOT be permitted on any school project or property. 1. Child Molestation or Abuse or indecent liberties with a child; 2. Rape; 3. Any Sexually Oriented Crime; 4. Drugs: Felony use, possession or distribution;. 5. Murder, manslaughter or other death related charge; or 6. Assault with a deadly weapon or assault with intent to kill. D. Any individual with a prior conviction or pending charges contained in the aforementioned list, shall be banned (not allowed) from any school project or property. E. Each person on site must wear a plastic laminated identification badge or item of clothing that identifies the name of the company and the person s name. These badges are to be computer produced at a font large enough to be clearly visible. Guilford County Schools, may, at any time, request verification of criminal background investigation for any employee on school property.