Proposal to be returned PRIOR to time and date above.

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1 Human Resource Applicant Tracking System and Teacher Selection Instrument Request for Proposal (RFP) #23602 Date of Issue: November 4, 2014 Question Cut off: November 10, :00AM MST (our clock) RFP Close Date: December 2, :00PM MST (our clock) Proposal to be returned PRIOR to time and date above. RETURN TO: Holly Callero Penny, CPPB Jefferson County School District R-1 Education Center, Purchasing Dept Denver West Drive, Bldg. #27, 3rd floor P.O. Box 4001 Golden, Colorado (303) RESPONDENT S CERTIFICATION The undersigned, having carefully examined all of the documents pertaining to the subject project, including the project specifications, agreement, and Terms & Conditions, hereby proposes to furnish all required labor, materials equipment, tools and insurance to complete the work described in their proposal document in strict accordance with the project documents for the price set forth herein. Company Name Address City State Zip Telephone No. Fax No. Contact Name, Title By (Authorized Signature)

2 OVERVIEW OF THE DISTRICT Jefferson County Public School District, hereinafter referred to as the District, is the largest school district in Colorado. The District has a current enrollment of over 86,000 students over a geographic area of approximately 800 square miles. The District s employee base consists of over 12,000 employees. Positions include school administrators, teachers, other licensed professionals serving our students, professional administrative support positions, non-exempt support positions such as bus drivers, custodians, food services staffers located in over 158 schools and office facilities. The District Human Resources Department provides district leadership, coordination and oversight for end to end human capital functions including recruitment, selection, staffing, compensation, employee evaluation, employee assistance (EAP), employee leaves, employee benefits, employee records, and district human capital data, including metrics, data analysis, and reporting. Additional information is available on our website at PURPOSE The District has published this Request for Proposal, hereinafter referred to as RFP, in order for Human Resources to solicit firm price quotations for an Off-the-Shelf Applicant Tracking System (ATS) for our K-12 educational organization and a research-based, valid and reliable Teacher Selection Instrument (TSI). (NOTE: Bidders may choose to respond to the RFP for one product or for both products. If responding to both, the District requests that bidders provide pricing that includes a bundled price, as well as the individual pricing for each product.) The District s overarching goal is to positively impact student achievement by revolutionizing our hiring, transfer, and selection processes through strategic identification, selection, purchase, implementation, and integration of these two products. BACKGROUND Teacher Selection Instrument While the District has policies and negotiated agreements that prescribe teacher selection processes, there is currently no research-based, valid, reliable Teacher Selection Instrument that the District uses to identify top talent, nor such an instrument that could potentially follow a selected teacher s district career to support his/her ongoing professional development plan. It is our belief that the single biggest contribution HR can deliver to the District to positively impact the ultimate outcome of strong student achievement is the identification, implementation, and integration of such a robust Teacher Selection Instrument that would improve the quality and timeliness of teachers selected and hired for our classrooms. Applicant Tracking System Currently the District has a PeopleSoft applicant tracking system, which has been customized (for the District and the education industry). This system is used for the online job posting, candidate application, and the district hiring/placement processes. 2

3 Annually the District posts about 4,800 job opportunities on the recruiting website. Each opening generates from as few as 5 or 10 to (typically) well over 300 applicants. District recruiting pages had 1,360,778 views last year. The District positions vary in many ways. We have year round, school year-based, and start/stop dates at various times of the year; full-time, part-time, occasional, ongoing and temporary, regular and substitute. Unlike private industry, where typically a majority of positions are based on a 260-day work year cycle, in a school district, positions work cycles are based on uniquely tailored days worked calendars. Positions can be shared by two employees during a school year. It is not uncommon for employees to acquire more than one position and/or transition from one position/type to another. The annual percentage of job actions to staff, for teacher jobs, is significant (14% terminations and retirements, 14% hires/rehires, 24% transfers). The District also has some unpaid volunteers that are brought through some aspects of the hiring process and whose personal and/or personnel-like data is recorded and stored in our HR systems (e.g. student teachers, volunteer athletic coaches, and school volunteers). Because of the complexity of position characteristics, position management is critical. The district staffing process includes tasks/process steps linked to the staffing process including position management, budget approval, uploading of job descriptions, hiring manager customization of job descriptions, criminal history clearance, staffing requirements governed by two separate negotiated union agreements (one for teacher/licensed instructional staff and one for classified/support employees), and district staffing policies and practices. Key system user groups include applicants (both internal, i.e., existing district employees, and external), principals/other hiring managers and their clerical support personnel, HR clerical support personnel, and HR managers. We have received considerable, consistent feedback from applicants and hiring managers that the current system is cumbersome, time-intensive, and difficult to work with. While data entry is generally straightforward, hiring managers, HR managers, and clerical staff report that many of the key processes, i.e., candidate screening, candidate application material printing, are extremely cumbersome. Basic reporting functionality related to metrics and other critical human capital management is challenging. It currently requires complex reporting to get to basic report data, i.e., number of openings, length of job postings, time to fill, open positions, etc. The current recruitment system has been in use by the District for about 9 years. It is our belief that the second biggest contribution HR can deliver to the District to positively impact the ultimate outcome of strong student achievement is the identification, implementation, and integration of an industry-specific and more user friendly Applicant Tracking System through dramatically improving the applicant experience (and therefore the quality of the applicant pool and potentially the size), dramatically improving the ability of hiring managers/principals to screen, rate, rank, review, and act on critical candidate data with selection committees, and eliminating manual interventions and touches by HR clerical staff and managers, repurposing their efforts to more value-added human capital work, and finally to managing and acting on basic human capital metrics that will enable nimble shifts in processes and support delivery. 3

4 SCOPE OF WORK CONTINUATION SHEET The District intends to enter into an agreement with a vendor or vendors to acquire usage of a valid, reliable, research-based Teacher Selection Instrument as well as a robust Applicant Tracking System (ATS). These tools may be purchased from one or more vendors dependent upon vendor offerings, value-add pricing, and how products are packaged. It is essential that these tools meet district requirements for system security, integration, user experience, and adds value with efficiencies, speed, and flexibility for the ATS and research-based, validity and reliability as well as have a track record as a high predictor of success in student achievement gains for the teacher selection instrument. In order for the District to move forward with the purchase of either tool, we must be convinced that the tool(s) will significantly improve the staffing process and quality of hires at the District. Because the District is seeking the most robust, research-based, valid and reliable Teacher Selection Instrument to be linked to the ATS, vendors who respond to the RFP for the ATS should address whether the ATS is stand-alone or combined with a Teacher Selection Instrument and whether the ATS has the ability to be integrated with a Teacher Selection Tool other than the one (if any) proposed. Any additional information about the vendor s proposal that will identify how the District can increase the quality of the candidate pool, decrease processing time, provide rapid, user-friendly screening to select top talent, minimize hiring costs, expedite filling open jobs, and build a sustainable pool of talent from which to efficiently search for qualified candidates via a user friendly application is welcome and would be valuable. The District uses PeopleSoft HCM 9.1 and will be upgrading to 9.2. The proposed solution will be required to integrate with PeopleSoft either batch or real time. Solutions will be evaluated based on level of effort, scope, cost and will be weighed in as part of the overall solution proposed. Vendors who are responding with an Outlook/Active Directory approach should be aware of the following: The District is currently using Outlook Preferred integration with District staff via an Active Directory account The majority of District employees use OWA vs. Client version. A detailed systems requirement addendum is attached with additional information. (See Attachment #1) 4

5 PROPOSAL INFORMATION: SCHEDULE The following is the schedule of events for the RFP submittal and selection process. The District reserves the right to change the schedule. Event Date RFP RFP advertised November 4, 2014 Questions may be submitted to Purchasing November 10, :00 AM Questions from vendors will be responded to and posted as addendum on RMEPS November 13, 2014 Proposals due December 2, :00PM Stage One evaluation complete. Notice to list of qualified firms that will be considered December 17, 2014 in the Stage Two evaluation process. Demonstrations of proposed equipment & software & vendor interviews from January 7 8, 2015 finalist vendors Site visits (if applicable) and reference January 12 13, 2015 checks Stage Two evaluation complete January 15, 2015 Contract negotiations January 16 21, 2015 Contract brought to Board of Education for February 5, 2015 approval (if applicable) Award Notification February 6, 2015 Implementation Start Date February 24,

6 GENERAL CONDITIONS: CONTINUATION SHEET 1. All prices shall be quoted delivered FOB Destination. 2. The respondent(s) shall be in agreement with all provisions of the Request for Proposal. Any request for deviations/exceptions to the technical requirements, data requirements, and/or terms and conditions of the Request for Proposal must be explained in detail on supplier s letterhead and included in the proposal response. 3. Proposal responses must include all of the information requested. Proposals may be rejected by the District if the respondent(s) fail to completely provide all information necessary for a complete understanding of the proposal or fails to answer all questions adequately. 4. District reserves the right to waive any technical or formal errors or omissions, and to accept or reject in part or in whole any or all proposals submitted. 5. Any award made will be to the respondent(s) whose technically acceptable offer will be the most advantageous to the District considering the evaluation criteria listed on Page 9 - EVALUATION CRITERIA. 6. Any written statement made as part of the proposal, including the RFP may become part of the final contract. Any addenda to the respondent's original proposal, such as letters, facsimile, and any other written clarifications and commitments may also become part of the final contract. 7. It is the intent of the District to award to the most responsive, responsible vendor or vendors. Multiple awards may be made on this RFP. 8. The effective period of the contract resulting from this proposal shall be February, 2015 through January 31, The District reserves the right to renew and extend the executed agreement pertaining to all prices, terms, conditions, and specifications upon mutual agreement between the District and awarded vendor for an additional one (1) year period, but not to exceed four (4) additional one (1) year periods five years total. 9. Any addenda issued for this RFP will be posted to the Rocky Mountain E-Procurement website: EF46CO&utm_campaign=web_site 10. The District requires the warranty period to begin upon final acceptance by the District. Final acceptance shall be upon proper installation and implementation and testing of the system to applicable acceptance testing procedures. The length of warranty for each item offered shall be specified in the proposal. 11. The respondent(s) guarantees prices for the system will not increase during the initial term of the agreement. If prices decrease during the term of this contract, the successful respondent must notify the District of the lower prices. 6

7 12. The District reserves the right to cancel at any time any awards occurring as a result of this proposal, if it is determined by the Director of Purchasing that quality of product or vendor service/performance is unacceptable. 13. The vendor will be required to indemnify and hold the District harmless from suits or actions of any kind, including worker's compensation claims, brought against it for or on account of any damages or injuries received or sustained by any parties, by or from the acts of the vendor or his agents. The vendor will furnish copies of insurance certificates with the District included as additional insured on policies for comprehensive general liability with limits of not less than $2,000,000 ($2,000,000 aggregate must be maintained), combined single limit bodily injury and property damage and auto liability combined single limit $2,000,000.00, $2,000,000 aggregate must be maintained. The District must be notified by certified mail at least thirty (30) days prior to cancellation of any insurance policy or if the aggregate drops below $1,000,000 on any policy. The vendor will furnish copies of insurance certificates for statutory workers compensation and employer s liability with limits of not less than $1,000, All information shall be submitted at the dates and times indicated herein to: Holly Callero Penny Jefferson County Public School District No. R Denver West Drive, Building #27 Golden, CO hpenny@jeffco.k12.co.us All contacts regarding this Request for Proposal during the submittal preparation and evaluation period must be done in writing through the Jefferson County Public School District Purchasing Department. This restriction does not apply to: District initiated communications by evaluation committee only to satisfy clarification questions as part of the stage one evaluation process Scheduled product demonstrations and vendor interviews during the second stage evaluation In the event that a firm has contact with any official, employee or representative of the District in any manner contrary to the above requirements, said firm may be disqualified from further consideration. 7

8 SPECIAL CONDITIONS: CONTINUATION SHEET 1. Each respondent shall submit all information requested, in the order specified in the section below Detailed Requirements Submission. Failure to do so may result in the proposal being rejected. Proposals shall be straightforward and concise and shall demonstrate the proposer s ability to satisfy the requirements of the RFP. 2. This process is a Request for Proposal. As such, only the names of the respondents shall be read at the opening of proposals. The District reserves the right to negotiate with one or more respondents in order to come to an acceptable contract agreement. Information in the proposals shall remain confidential until such time the District is ready to make the award. 3. The proposing firm shall submit one (1) original and four (4) hard copies of their response, along with five (5) electronic copies on CD-ROM or flash drive. 4. Proposals submitted in response to this Request for Proposal shall become the property of District and be considered public documents under applicable Colorado state law. Financial records marked as Confidential shall be returned to the vendor upon completion of the process. 5. The District may, at its sole option, either accept a Respondent s initial proposal by award of a contract or enter into discussions with Respondents whose proposals are deemed to be worthy of consideration for award. In conducting discussions, there shall be no disclosure of any pricing information derived from proposals submitted by a competing Respondent. After discussions are concluded a Respondent may be permitted to submit a Best and Final Offer to the District for consideration. Best and Final Offers shall be made at the Respondent s expense. After receipt and review of the Best and Final the District will determine the successful Proposer. SELECTION PROCESS Stage One Vendor proposals will be subjected to a two-stage evaluation and selection process. The first stage will begin with a review of the response to the proposal. A proposal must meet all mandatory requirements and functions to be considered. 1. Proposals not meeting mandatory requirements or found to be incomplete will not be considered. Proposals not deemed within the competitive range will not be considered. The District may disqualify any vendor for any reason without explanation. 2. The District may choose to ask clarification questions in writing and include the additional information gathered in this process. 4. References of the top vendors will be checked to verify their selection. 8

9 5. Proposals that pass the initial screening will be evaluated and scored by an evaluation committee comprised of individuals from the District. A short list of proposals will move into the second stage of the evaluation. Stage Two The finalist proposals will be subjected to a more detailed second stage evaluation that may include vendor provided on-site demonstrations involving use of similar or exact equipment being recommended. Note: While we understand that some vendors may provision their product to customers other than K-12 institutions, if invited to participate in an on-site demonstration, vendors will be expected to provide a demonstration specifically meeting the needs of a K-12 organization. Vendors will also be expected to create a demonstration that allows for the District team to test drive the product. Also during the Stage Two evaluation period, on-site interviews may be conducted with the finalist vendors to explore in detail the proposed implementation strategy and project plan and to discuss vendor qualifications and experience. The District may choose to interview the vendor s implementation team and ask them for specifics about the product and its implementation. References will be checked to address issues raised by the demonstrations and interviews or to answer detailed questions not yet resolved. Finalists will also be required to complete the District s Application Hosting Vendor Assessment. EVALUATION CRITERIA Initial stage-one evaluations will be based on, in no particular priority order or weighting: Product features for applicant tracking system. Research-based validity and reliability of teacher selection tool. Ability to meet specific K-12 business needs. Pricing. Stage-two evaluations will be based on, in no particular priority order or weighting: All information provided and scored in the stage-one evaluation Application Hosting Vendor Assessment Vendor demonstrations and key product features. Hands on sessions (if requested) Reference responses/site visits (if applicable) Demonstrated ability to have performed similar services in a quality manner for other K-12 school districts. Pricing Schedule initial costs and future costs, BAFO, including product cost and implementation costs, and total cost of ownership over time. Technical quality and/or viability of the proposed solution Quality of proposed implementation plan and delivery District s cost to implement Vendor s Market Stability 9

10 Value adds Service Level Agreement preferred English speakers and preferred located within the United States of America. DETAILED SUBMISSION REQUIREMENTS Vendor must submit one (1) original, four (4) hard copies, and five (5) electronic copies on CD-ROM or flash drive, of their proposal - enclosed in a sealed envelope clearly marked with the proposal number and name. Vendor must provide current Annual Report and audited financial statements. Vendor must provide a fully comprehensive solution to the requirements. Proposal must be submitted in the order of the requirements with tabs identifying each section. Front page Respondent s Certification sheet signed by a duly authorized representative of your company in unaltered fashion All addenda issued for this Request for Proposal. 1. Company Overview and Information: Provide a brief description and history of your company including current size, organization and support staff and a general overall profile. This section should provide information about the company, services and corporate structure including an organizational review, key contacts, customer relations, name of firm submitting proposal; main office address; when organized; if a corporation, when and where incorporated; appropriate Federal, State, and County registration numbers. Provide relevant information to demonstrate a track record with either the teacher selection tool or the applicant tracking system, or both, in the K-12 market, as well as on-going business viability. This section should also include: Names, addresses, telephone numbers, addresses of principal contacts for this RFP response A list of anticipated sub-contractors/partners to be used during the course of this project. The Respondent shall indicate its depth of staff resources and experience in the design, implementation, training and maintenance of Applicant Tracking System solution. 2. Functional Requirements--Teacher Selection Instrument, if applicable: a. Describe the instrument, its history, its research basis, validity and reliability studies supporting it, data supporting its predictability of future performance, data supporting its success in predicting hires who have improved student achievement and how the instrument has been tested in legal and EEO challenges. 10

11 b. Describe how the instrument would integrate with the current District PeopleSoft applicant tracking system, providing the technical specifications to make this a seamless handoff for our applicants. c. Describe how the instrument would perform as a stand-alone product, integrating with a new applicant tracking system, if this would be different from the recommended PeopleSoft integration. d. Describe how the instrument works if it is bundled with a vendor-proposed applicant tracking system, including the advantages to doing so. 3. Functional Requirements Applicant Tracking System, if applicable: a. Describe the system s ability to service, start to finish, hiring processes for teachers, administrators, and support personnel including job postings, recruitment, and hiring. b. Describe how the system meets the challenges, needs, and expectations of K-12 organizations. c. Describe the system s ability to meet the needs of hiring managers and HR super users who must manage job postings, candidate routing and screening, selection, and hiring. 4. Technical Overview: Applicant Tracking System, if applicable A brief description of proposed Applicant Tracking System software package capabilities and experience in implementing interfaces between proposed application and other relevant systems A brief description of any proposed additional software modules. A response to the intention to implement an Applicant Tracking System solution in a phased manner and how the purchases of the required software licenses can be phased accordingly. A schedule of the proposed package's product release history. All propriety software in the Respondent's solution must be identified by software product, function performed, and nature of said proprietary software and ramifications of said proprietary nature. Identify third-party solutions embedded in the Applicant Tracking System application. Include a description of the application programming language. Is the System is a COTS Web-based package specifically designed for Application Tracking System? Describes the system s ability to interface with the District s HRMS, PeopleSoft/Oracle, the process for that, and the sequencing (Instantaneous? Overnight?) Describe the system implementation process including a timeline that addresses start-up, training, testing, full-implementation for all user groups. Describe the security provisioning features of the system. Allow for user role assignments based on user's role in the District. Allow users or groups to be assigned more than one role. 5. Example Project Plan: Please include an example of a project plan, number/role of team members from your organization, expectations from District staff, including role, departments, and requirement time commitments (HR vs. IT vs. hiring manager, for example) and the anticipated timeline to deployment and district readiness. 11

12 6. Training: Provide a description of the training provided by your firm for your solution(s). Address technical, user training and train the trainer as well as online and any other delivery methods available. Discuss supplemental materials provided to support your solution including training manuals, quick reference guides, help files, tutorials, etc. 7. Hosting Options: Describe the hosting options for the proposed solution(s) - Self-hosting by the District or other hosting services. If your proposed solution includes vendor or third party hosting, please describe the role that the District team will have during and post migration. 8. Service Level Agreement: Provide documentation on the Service Level Guarantee/Service Level Agreement for the proposed solution. Describe your technical support system including a description of your call center environment, hours, locations, and response times promised. Describe your remote diagnostic and remote maintenance capabilities and the usual downtime associated with dial in diagnostic. 9. Value Added Services: List any special resources, skills or services which the firm possesses which are not specifically addressed in this RFP, but would be available as part of an agreement with the successful respondent. Demonstrate any advantages that would be realized by the District as a result of these resources. 10. Cost Proposal Respondents shall submit a proposal which accurately reflects firm fixed prices/fees for the products and services requested. Vendors bidding on both the teacher selection instrument and the applicant tracking system are asked to provide stand-alone and bundled pricing. Include all information necessary for a clear understanding of the options, descriptions and costs/fees. Item pricing, to include any shipping, implementation, installation or other charges that may apply. Include incremental costs for service upgrades. Provide pricing schedules for all services available, including hosting services, reduced response times, after hours support, etc. Itemize cost/fee elements in sufficient detail that it will be clear for evaluators determine reasonableness of cost through analysis Respondents may submit additional proposals for a system which is free of cost to the District and has a small convenience fee for the users of the system if available. 11. Proposed Staff: Resumes of proposed consultants working on this project must to be submitted. The District reserves the right to interview and select consultants 12. References: Provide three existing customer references serviced by the same proposed system (preferably K12 and/or institutions of higher education and/or institutions with similar business requirements) where your company has provided a similar service. Please include name, title, telephone number and address of primary customer contact(s). 13. Completed Attachment #1 12

13 TECHNICAL REQUIREMENTS This section provides information regarding the requirements of an Applicant Tracking System 1. General Solution Architecture 13 Vendor Hosted Solution The Proposer will include any diagrams that illustrate the preferred technical architecture. The Proposer will propose any alternative implementation plans based upon experience with other clients if the approach suggested by can be improved upon. The Proposer shall include the following: The names and versions of the products that fulfill the Solution components described in the high level architecture. Indicate any 3rd party products or services to be used and describe the integration between the components. Physical components and dependencies (Hardware, OS, agents, Web server, database, directory, etc.). Logical components. All components of the Solution shall be architected so as to minimize impact on network traffic. Describe how your Solution provides this capability. The Solution shall be supported on Windows Server 2008/2012 or Red Hat Linux or AIX. Windows Linux is preference Please indicate which systems you support for each ATS Solution component. All components of the Solution shall perform and scale to meet LAN, WAN, extranet and internet environments with user populations in the hundreds of thousands. Describe specific capabilities (e.g. support for load balancing, redundancy, fail over, fail back or clustering) and identify any component which could be considered a single point of failure. The District currently receives over 10,000 applications a year and expects that this number will rise over time. In addition, the number of active users and the total time those users are on the system may increase or decrease. Please describe how usage factors such as these determine system performance and capacity, and how the system can be scaled up or down in the future as needed. District Hosted Solution In addition to the functional requirements, the preferred District hosted solution will provide the following: Microsoft Active Directory integration for user authentication and security provisioning. PeopleSoft HCM integration via XML messaging or web services. Support for VMWare. Oracle 11G/12c database platform. WebLogic Application server. Support for SSL Application platform either Windows Server 2008 or Linux.

14 Oracle as the preferred database but Microsoft SQL server is also acceptable 2. Technology Overview Provide copy of organization s privacy / security policy Provide copy of business agreement between external vendors that may have access to and/or share responsibility of housing collected data. Describe how content is shared and/or permissions will be managed for users and administrators throughout the system 3. Data Information What type of PII data is collected in both the Teacher Selection Instrument and Applicant Tracking System, as applicable? Do the proposed tools adhere to HIPAA and PII requirements? Does vendor absorb ownership of any PII data collected from the District or users of the tool? What type of system technology is used to house collected information? What is your retention policy / requirements for collected PII data? Will collected PII data be encrypted at all times? 4. Data Center Are the hosting servers housed in a local data center? Is the data center space shared with other companies? 5. Customization Services The ATC Solution shall be capable of offering customization on an hourly and SOW fixed price basis. Describe the customization services offered. How do customizations affect upgrades? MAINTENANCE & WARRANTY Please define in detail any warranty and maintenance programs. Include warrantee duration and detail, RMA/repair/exchange process/program and any service programs that may be offered. 14

15 TERMS AND CONDITIONS SUBMISSION: Late bids will not be accepted. No oral, telephonic, telegraphic or facsimile responses will be considered. A duly authorized official must sign this bid. Signature indicates agreement to comply with all terms, conditions, requirements and instructions of this bid as stated or implied herein. Signature indicates agreement to furnish the proposed materials, supplies, products, equipment and/or services in strict accordance with the conditions, requirements, and specifications herein. Should anything be omitted which is necessary to clearly understand or should it appear that various instructions are in conflict, the Respondent shall secure instructions at least 72 hours prior to the closing date and time. AWARD: No award shall be made to any person, firm or corporation that is in arrears upon any obligations to the District, or that otherwise may be deemed irresponsible or unreliable by the Director of Purchasing or designee. The Director of Purchasing or designee reserves the right to waive any technical or formal errors or omissions and reject any and all bids or to make an award, either in whole or in part, by item, category, or total, whichever is deemed to be most advantageous to and in the best interest of the District. In compliance with the provisions of Colorado Revised Statutes, Sections and 102, , and and 102, preference shall be given to Colorado labor and to resident Respondents against nonresident Respondents to the extent required by those sections. It is understood and agreed that the District reserves the right to modify conditions, specifications, and prices by mutual agreement with the selected Respondent. MODIFICATION: Any alteration, erasure or interlineation by the Respondent in this bid may constitute cause for rejection by the Director of Purchasing or designee. Exceptions or deviations should not be added to the individual pages, but should be submitted on Respondent s letterhead. COMPLETION: Respondent shall complete all of the information requested for each item. Failure to do so shall constitute sufficient cause to reject any or all items offered if deemed to be in the best interest of the District. The District requests that this bid be completed using either black ink or black type. ACCURACY: Accuracy of the quotation is the responsibility of the Respondent. Quotations may not be changed after the bid opening time and date. No dollar amount change will be allowed, only clarification as to the unit represented. The Director of Purchasing or designee must do this in writing 24 hours after notification. PRICING: The unit price for each item shall be for the unit of measurement specified. All trade discounts and terms of payment must be reflected within the unit price. All prices must be quoted at a firm price, F.O.B. Destination. Prices shall remain firm for the term of the contract. If prices decrease during the term of this contract, the successful Respondent must notify the District of the lower prices so that all subsequent orders will reflect accurate pricing. PAYMENT: The District payment terms are Net 30 days, unless otherwise negotiated. Payment shall be processed upon receipt by the District of an itemized invoice. Each purchase order shall be invoiced separately. All invoices shall be submitted to Jefferson County Public School District, Attn: Accounts Payable, 1829 Denver West Dr. Bldg. #27, Golden Colorado

16 QUALITY: All goods furnished must strictly conform to the bid and must be of the quality specified. No deviation or substitution is permitted without the prior written consent of the Director of Purchasing or designee. In the event no quality is specified, the goods must be at least equal to the standards of the industry. The Director of Purchasing or designee shall have the right at all times during the performance of this Agreement to conduct such tests and inspections as is deemed necessary to assure Respondent s compliance with this Agreement. The District will be supplied, as needed, data, drawings, specifications, test results, quality documentation, schedules, and other documents and information. QUANTITIES: The District neither states nor implies that actual purchases will equal the estimate. It is the intent of this bid that the District be supplied with more or less of the materials according to actual needs. Do not bid groups of items together as all or none. Advise any minimum order quantities that apply. SHIPPING: Unless an order specifies a different delivery point, all deliveries under this Agreement shall be F.O.B. destination. Title and risk of loss of all goods shall pass to the District upon final acceptance. DELIVERY: Delivery dates must be specified on this bid. Time is of the essence. Delivery is part of the consideration and the advised delivery date given on this bid must be complied with unless otherwise instructed by the Director of Purchasing or designee. The District will not be responsible for any goods delivered or services performed without a purchase order signed by an authorized representative of The District. SPECIFICATIONS: Manufacturer/brand name and numbers that reflect the level of quality expected may be given in lieu of specifications. In the event the District includes manufacturer/brand name and numbers as a part of the description of any item, the Respondent may submit quotations on that or a proposed equal product provided they are equivalent and substantiated to be so by submitted specifications and/or samples. When the description includes the wording no substitute in addition to the manufacturer/brand name and number, quotations will be accepted only on the item specified. The District reserves the right to make sole judgment as to acceptability of proposed equal products without qualification or explanation. TABULATION: Copies of bid tabulation sheets will be available to Respondents upon request at the rate of thirty-seven cents per page (one-sided) for letter size documents, and sixty-five cents per page (one-sided) for legal size documents payable in advance. Respondents may record information at the time of public opening. SAMPLES: Samples of items, when requested/required, must be furnished free of expense and if not destroyed, will be returned upon request at the Respondents expense. NON-COLLUSION: By submission of the bid, the Respondent certifies that the bid has been arrived at independently and submitted without collusion with any other Respondent and that the contents of the bid have not been communicated, nor to the best of its knowledge and belief, by any one of its staff or agents, to any person not an employee or agent of the Respondent or its surety on any bond furnished herewith, and will not be communicated to any person prior to the official opening of the 16

17 bid. GRATUITIES: Respondents are expressly advised that gratuities are not allowed. District staff may not accept any gift, service, honorarium, stipend or fee, or use their position for private advantage or personal, financial or material gain. The District will investigate reported violations. Respondents, whom the Director of Purchasing or designee finds to have violated these provisions, may be barred from doing business with the District; staff may be disciplined according to District Policy. CANCELLATION: The District reserves the right to cancel without penalty, at any time, any awards occurring as a result of this bid. Time is of the essence. When a date is set for the delivery of merchandise or the performance of work, the merchandise must be delivered, or work performed, in accordance with the bid specifications or description on or before that date, or the order to the delinquent Respondent may be canceled and re-awarded. In such case, the District will have the right to buy merchandise or services at market price for immediate delivery. Any excess in cost shall be paid by the delinquent Respondent or deducted from any money due the delinquent Respondent. COMPLIANCE: The Respondent agrees to comply with all applicable federal, state, and local laws, regulations, administrative rulings, and codes and secure all necessary licenses and permits in connection with this bid and any services to be provided hereunder. GOVERNING LAW: Venue for any and all legal action regarding or arising out of transactions covered herein shall be solely in the District Court in and for Jefferson County, State of Colorado. The transaction shall be governed by the laws of the State of Colorado. TAX: The District is a political subdivision of the State of Colorado and as such is generally exempt and not liable for any sales, use, excise, property, or other taxes imposed by any federal, state or local government tax authority. The District is also not liable for any franchise taxes or taxes related to the income of a contractor. No taxes of any kind shall be charged to the District. Quotations shall not include the cost of any such taxes, including those on any materials, supplies or equipment used or installed in the work. The Respondent is hereby notified that when materials are purchased for the benefit of the District, some political subdivisions require the Respondent to pay sales or use taxes even though the ultimate product or service is provided to the District. These sales or use taxes will not be reimbursed by the District, nor will any prices be adjusted on account of such taxes. The Respondent shall file an Application for Exemption Certificate with the Colorado Department of Revenue and submit copies of such certificate to the District upon award of the contract and prior to commencement of any work. HAZARDOUS MATERIAL: The Respondent represents that each product furnished is safe for normal use, is nontoxic, presents no abnormal hazards to persons or the environment, and may be disposed of as normal refuse. All materials, supplies, and equipment furnished or services performed under the terms of the purchase order or contract issued in response to this bid shall comply with the requirements and standards specified in the Occupational Safety and Health Act of 1970, 29 U.S.C. SS 651 et seq., and regulations. If applicable, Material Safety Data Sheets must be sent with the bid. HOLD HARMLESS: The Respondent agrees to protect, defend and hold the District harmless from and against any claim or demand for payment or other claim based upon or related to the use of any patented material, process, article or device that may enter into the manufacture, construction or form a part of any work covered or materials and equipment furnished under this bid. 17

18 INDEMNIFICATION: The Respondent agrees to indemnify and hold the District harmless from claims, suits or actions of every nature and description brought against it for or on account of any injuries or damages received or sustained by any party or parties, caused in whole or in part by or from the acts of the Respondent, its servants or agents. To this extent, the Respondent agrees to furnish adequate Public Liability and Property Damage Insurance, the amount of which will be determined by the District whenever such insurance, in the opinion of the District, is deemed necessary. APPROPRIATIONS & APPROVAL: Any and all obligations of the District under this Agreement may be subject to annual approval and/or budgeting and appropriation by the District. EQUAL OPPORTUNITY: In connection with the performance of any work under the bid, the Respondent shall agree not to refuse to hire, discharge, promote or demote, or to discriminate in matters of compensation against any person otherwise qualified, solely because of race, creed, color, national origin, ancestry, age, sex, or disability, and further agrees to insert the foregoing provisions in all subcontracts hereunder. INSURANCE: The Respondent will be required to indemnify and hold the District harmless from suits or actions of any kind, including workers compensation claims, brought against it for or on account of any damages or injuries received or sustained by any parties, by or from the acts of the Respondent or his agents. The Respondent will furnish copies of insurance certificates with the District included as additional insured on policies for comprehensive general liability with limits of not less than$2,000,000 ($2,000,000 aggregate must be maintained), combined single limit bodily injury and property damage and auto liability combined single limit $2,000,000, $2,000,000 aggregate must be maintained. The District must be notified by certified mail at least thirty (30) days prior to cancellation of any insurance policy. The Respondent will furnish copies of insurance certificates for statutory workers compensation and employers liability with limits of not less than $1,000,000. ILLEGAL ALIENS: Pursuant to Colorado Revised.Statutes et. seq., the District cannot enter into or renew a public contract for services with a vendor/contractor who knowingly employs or contracts with an illegal alien to perform work under the contract or who knowingly contracts with a subcontractor who knowingly employs or contracts with illegal aliens to perform work under the contract. In accordance with the mandatory provisions of Colorado Revised.Statutes et. seq., Vendor/Contractor certifies that it shall not knowingly employ or contract with an illegal alien to perform work under this Agreement, or enter into a contract with a subcontractor that fails to certify to the Vendor/Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this public contract. The Vendor/Contractor has confirmed or attempted to confirm the employment eligibility of all staff who are newly hired for employment in the United States through participation in the United States Citizenship and Immigration Services Basic Pilot Employment Verification Program (hereinafter referred to as the Basic Pilot Program ). If Vendor/Contractor has not been accepted into the Basic 18

19 Pilot Program prior to entering into this Agreement, the Vendor/Contractor shall apply to participate in the Basic Pilot Program every three months until the Vendor/Contractor is accepted or the Contract for services has been completed, whichever is earlier. The Vendor/Contractor shall not use the Basic Pilot Program to undertake pre-employment screening of job applicants while the Agreement is being performed. If the Vendor/Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Vendor/Contractor shall: a. Notify the subcontractor and the District within three days that the Vendor/Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and b. Terminate the subcontract if within three days of receiving actual notice the subcontractor does not stop employing or contracting with the illegal alien, except that the Vendor/Contractor shall not terminate the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. The Vendor/Contractor shall comply with any reasonable request by the Department of Labor and Employment (hereinafter referred to as the Department ) made in the course of an investigation that the Department is undertaking pursuant to C.R.S (5). If the Vendor/Contractor violates the provisions of this paragraph, the District may terminate the contract for breach and the Vendor/Contractor shall be liable for actual and consequential damages. If Vendor/Contractor is a natural person eighteen years of age or older, Vendor/Contractor hereby swears or affirms under penalty of perjury that the Vendor/Contractor (i) is a citizen of the United states or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of CRS et seq, and (iii) shall produce one of the forms of identification required by CRS prior to the effective date of this Agreement. CRIMINAL RECORD VERIFICATION: Successful Respondent will be required to complete Criminal record check on all staff who work on district property for this contract. Staff who have been convicted of, pled nolo contendere to, or received a deferred sentence or deferred prosecution for a felony, or a misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children, will not be allowed to work on District property for this contract. The Respondent must complete the district s Criminal Records Check Certification. Each individual Respondent will be responsible to adhere to any Federal, State, and Local privacy and confidentiality requirements. 19