REQUEST FOR QUOTE Development of Evaluation Plan for the Associate s Degree to Bachelor s Degree Program (A2B)

Transcription

1 REQUEST FOR QUOTE Development of Evaluation Plan for the Associate s Degree to Bachelor s Degree Program (A2B) Department of General Services 3401 CSM Drive San Mateo, California Telephone (650) FAX (650) districtbids@smccd.edu RFQ # of 21

2 Table of Contents Section I. Section II Section III. Section IV. Section V. Section VI. Section VII. Section VIII. Section IX. Section X. Section XI. Purpose District Background Information Dates and Timeline Scope of Work Project Management Vendor Requirements Project Activities Project Timeline Payment District Professional Services Agreement Clause Pricing Proposal Appendix A. Appendix B. Appendix C. Appendix D. Company Information and Signatory Page References District Professional Services Agreement Debarment Certification Form & Drug-Free Workplace 2 of 21

3 I. Purpose The San Mateo County Community College District (SMCCCD) is requesting written quotations including pricing, terms, and availability for development of an evaluation plan for the Associate s Degree to Bachelor s Degree Program (A2B) at Canada College in Redwood City CA. Evaluation criteria will include previous experience of vendor in performing services similar in nature and scope. The District s intention is to award a 15 month agreement with three renewal options of one year each beginning July 1, In 2012 Cañada College was awarded a 5 year, 3.3 million dollar federal grant to develop an Associate s Degree to Bachelor s Degree Program aimed at increasing the number of high-need and Hispanic students earning bachelor s degrees. The Associate s Degree to Bachelor s Degree Program, Award No. P031S supports Cañada College s efforts to increase the educational opportunities available to our students the majority of whom are minority students and first generation college bound to complete a bachelor s degree. The overarching goals of the A2B program are to: 1. Improve the transition to bachelor s degree programs for Cañada College students 2. Bring new, workforce-relevant bachelor s degree programs to Cañada College 3. Improve academic support services for University Center Students II. District Background Information Approximately 40,000 students throughout San Mateo County attend one of the three Colleges of the San Mateo County Community College District: Cañada College in Redwood City, College of San Mateo, and Skyline College in San Bruno. Although the boundaries of the San Mateo County Community College District are the same as those of the County, the District Board of Trustees is independent of County government. The fivemember Board of Trustees is elected at large by County voters every four years, and governs one of the largest two-year college systems in California. Cañada College is located on the edge of Silicon Valley, 35 miles south of San Francisco. Cañada opened in 1968 as part of the three-school San Mateo County Community College District. The college serves approximately 6,300 day and evening students. Cañada s academic offerings are comprehensive, providing students with transfer opportunities, career programs, and the option of earning a four-year degree on campus through partner colleges at the renowned University Center. The college has historically been rated as one of the best community colleges in Northern California. The Cañada College University Center was established in 2001 as a new model to provide four-year college degree programs. The University Center offers bachelor s degrees and professional certificates in an array of academic subjects including business administration, allied health, human services, and nursing. All courses are taught by faculty from partner universities including San Francisco State, Notre Dame de Namur, and National University. The San Mateo County Community College District is an equal opportunity, affirmative action employer. The College District shall have the option to cancel this contract if the Federal Government withdraws funds to support the Associate s Degree to Bachelor s Degree Program (A2B). III. Dates and Timeframes (The College District reserves the right to change or alter the times and activities): Issuance of RFQ May 15, 2013 Deadline for Vendors Submission of Quotations June 5, 2013, 2:00 pm PST Screening of Quotations June 10-14, of 21

4 Vendor Interviews June 17 June 20, 2013 Anticipated Award Approval June 27, 2013 Acceptance of Quotations: Vendors may submit quotations up until 2:00 pm PST on Wednesday, June 5, Proposals are to be submitted as follows: Mail or deliver in person to General Services San Mateo County Community College District Attn: Bob Domenici 3401 CSM Drive, San Mateo CA If mailed, the quotation must be received by the due date. Digital Submittals: An electronic submittal of the information requested in the Quotation is required; however, the submission of electronic file(s) does not replace the foregoing requirement for submission of the Vendor s signed, hard copy quotation at, or prior to the date/time set forth above. Digital submittals should be forwarded to districtbids@smccd.edu after 2:00 p.m. PST on Monday, June 3, Any questions regarding the information contained in this Quotation must be submitted in writing via to districtbids@smccd.edu on or before Wednesday, May 29, Vendors Review of District Web Site All Vendors are required to review materials on the SMCCCD Purchasing web site ( -- click on RFP/RFQ Announcements and then on Current RFQ Announcements ) relating to this request for quote prior to submission of a quote. Any addendums, clarifications, Request for Quote updates/revisions, or replies to specific questions will be posted on the web site. All web postings should be treated like all requirements set forth in this Request for Quote. Vendors are responsible for incorporating these changes or addendums into their respective quotes and all such matters shall be deemed incorporated into all Vendors quotes. Quotation Submittal 1. Completed and signed Quotation Submittal Form Section XI 2. Description of the type of services you provide on vendor letterhead 3. Experience of evaluators on vendor letterhead 4. Examples of at least 2 previous evaluation projects including the scope and status of each project on vendor letterhead 5. A summary of your process for developing an evaluation of a project like ours on vendor letterhead 6. Company and Signatory Form (Appendix A) 7. References (Appendix B) 8. Statement from Vendor, on vendor letterhead, that vendor acknowledges they will be required to sign the Professional Services Agreement (Appendix C) upon award of the contract. 9. Debarment Certification Form & Drug-Free Workplace (Appendix D). IV. Scope of Work Project Objectives: The selected vendor will develop an evaluation plan for the A2B project. The evaluation plan will be designed to accomplish the following objectives when implemented: 4 of 21

5 Demonstrate the impact of the A2B program on the number of high need or underserved students transferring to 4 year institutions and earning a bachelor s degree. Demonstrate the impact of the A2B program on the number of workforce-relevant bachelor s degree programs offered at Cañada College. Demonstrate the impact of the A2B program on the number of students participating in Cañada College University Center programs. Demonstrate the impact of the A2B program on academic support services for University Center students Demonstrate the impact the A2B grant has on the University Center s data driven decision making. Demonstrate the impact the A2B grant has on the University Center s financial stability. Demonstrate the impact of the A2B program has on student performance, retention, transfer, and completion. V. Project Management The main project contacts will be Brandon Price, Researcher, Lucy Carter, Principal Investigator, Lizette Bricker, A2B Project Director, and Jeffery Rhoades, A2B Assistant Project Director. The Researcher will meet with the selected vendor twice monthly to review and co-construct the A2B evaluation plan. The Researcher, Principal Investigator, Project Director, and Assistant Project Director will meet monthly with the selected vendor to collaborate on the development of the A2B evaluation plan. VI. Vendor Requirements The selected vendor will design an evaluation process and system for A2B. The design process will begin July Deliverables: a. Interfacing with A2B staff A2B expects a high-level of interaction and co-construction of evaluation projects. This will be done through monthly Evaluation Advisory Committee Meetings, biweekly meetings between the Researcher and vendor, and intermittent phone calls. b. Longitudinal Evaluation Plan A to B expects the vendor to review current evaluation activities and work with the project personnel to develop a comprehensive evaluation plan that allows for retention of longitudinal information, while also including new models and approaches that align with our goals and objectives. c. Design and development of data collection system A2B expects the vendor to review current data collection, storage, and retrieval efforts and make recommendations regarding the retrieval of data necessary to implement the comprehensive evaluation of the A2B program. d. Analysis of program data A2B expects the vendor to collect and analyze A2B program data and prepare clear reports and presentations of findings that can be used to support the efforts of A2B program personnel to evaluate the program and make data driven / evidence based decisions regarding program improvement. This will include collection and analysis of data provided from University Center partner institutions. e. Reporting 5 of 21

6 A2B expects the vendor to complete monthly time and effort reports, provide quarterly progress reports to the A2B Evaluation Advisory Committee, and provide information the project director requests related to program evaluation for A2B s annual report to the U.S. Department of Education. f. Dissemination of findings A2B expects the vendor to provide A2B program personnel with information needed for the development of presentations and papers related to the evaluation of the A2B program for regional or national conferences as well as the development of articles related to the evaluation of the A2B program for submission to professional journals or other publications. Evaluation Approach: Deliverables will be conducted in alignment with the following strategies/approaches a. Prioritize key evaluation questions/sub-questions in consultation with A2B staff / Evaluation Advisory Committee. b. Finalize the evaluation design by linking the key evaluation questions to result indicators, data collection methods, and data sources. c. Participate in all facets of evaluation planning activities with participation and feedback from A2B staff / Evaluation Advisory Committee. d. Communicate the process of implementation on a regular basis using clear and easy to understand visuals and/or charts. e. Prepare and present an overarching report of progress on program evaluation on a quarterly basis. f. Refine evaluation design and plans as needed. VII. Project Activities It is expected that this project may be accomplished through the following activities. Proposals should address everything outlined in the evaluation objectives and deliverables and include anticipated timeframes and costs for each activity described below. Activity 1. Review of A2B Program The vendor will conduct a review of the A2B program including: project goals and objectives, program activities, data collection methods, and evaluation efforts to date. The review process will include meeting with A2B program staff to develop an understanding of the rationale for, and nature of, the program activities. The vendor will also become familiar with the data collection and evaluation methods employed by the program to this point in order to facilitate the development of a comprehensive evaluation. Activity 2. Development of A2B Evaluation Plan In consultation with the A2B staff and Evaluation Advisory Committee the vendor will create a comprehensive evaluation plan for the A2B project. The plan will detail: The overarching goals and objectives of the A2B program and a scheme for evaluating A2B progress in meeting the overarching goals and objectives. Goals and objectives related to each of the A2B program activities and a scheme for evaluating A2B progress toward meeting the goals and objectives identified for each program activity. Additional research and evaluation questions identified by the vendor in consultation with the evaluation advisory committee and a methodology for addressing those research and evaluation questions. Activity 3. Implementation of the Evaluation of the A2B program The vendor will consult with the evaluation advisory committee and program personnel to ensure that the program evaluation is being conducted in accordance with the evaluation plan and address issues and concerns which arise related to the implementation of the evaluation plan. The vendor will support the 6 of 21

7 researcher to collect and analyze program data employing the methodologies described in the evaluation plan. Activity 4. Internal Reporting The vendor will prepare clear reports and presentations of findings to support the efforts of A2B program personnel to evaluate the program and make data driven / evidence based decisions regarding program improvement. The vendor will be responsible for providing monthly time and effort reports, quarterly progress reports, and information required for the A2B program annual report to the U.S. Department of Education. Activity 5. Dissemination of Findings The vendor will support A2B program personnel in the development of presentations and papers related to the evaluation of the A2B program for regional or national conferences as well as the development of articles related to the evaluation of the A2B program for submission to professional journals or other publications. VIII. Project Timeline A2B is currently in the first year of a five year funding cycle. A2B anticipates that the first two (2) evaluation activities should take approximately 5 months to develop. However, upon award Cañada College and the project vendor will agree on the project timeline. The vendor s failure to meet mutually established deadlines shall be considered a material breach of the contract, unless such failure is caused by acts of the College Activity Review Program Review of A2B program goals and objectives, program activities, data collection methods, and evaluation efforts. This will include meeting with the A2B Evaluation Advisory Committee and A2B staff as well as reviewing the A2B grant and related documents. Develop Evaluation Plan Design and develop a longitudinal evaluation plan for the A2B program. Implement Evaluation Support the implementation of the A2B evaluation plan including supporting the researcher to collect and analyze program data employing the methodologies described in the evaluation plan. Internal Reporting Prepare clear reports and presentations of findings which can be used to support the efforts of A2B program personnel to evaluate the program and make data driven / evidence based decisions regarding program improvement. Provide monthly time and effort reports, quarterly progress reports, and information requested for annual reports Dissemination of Findings Support A2B program personnel to develop presentations and papers for conferences or journal submissions. Date July 1 July 31, 2013 August 1, 2013 November 30, 2013 December 1, 2013 September 30, 2017 Ongoing through September 30, 2017 July, September 30, 2017 IX. Payment Cañada College will make quarterly payments to the selected vendor so long as the vendor continues to meet the vendor expectations described in Sections VI, VII, of this document ( Requirements, Activities ) and meets the mutually established deadlines agreed upon between Cañada College and the vendor. X. District Professional Services Agreement Vendor will be required to sign the District s Professional Services Agreement upon award of the contract. A copy of the contact is listed as exhibit C. Relevant parts of this request for quote will be incorporated into the District s Professional Services Agreement. 7 of 21

8 XI. Pricing Proposal (Costs may not exceed $25,000 for initial 15 month term and may not exceed $10,000 per year for each of the optional renewal years thereafter) Description Hourly Rate Total Hours Total Price Review A2B Program $ Description Hourly Rate Total Hours Total Price Develop Evaluation Plan $ Description Hourly Rate Total Hours Total Price Implement Evaluation $ Description Hourly Rate Total Hours Total Price Internal Reporting $ Description Hourly Rate Total Hours Total Price Dissemination of Findings $ Project Total Hours Project Total Price $ Optional The vendor should estimate hourly rate for consulting, if needed after completion of the project. $ Hourly Rate 8 of 21

9 Appendix A COMPANY & SIGNATORY PAGE Company Name: Business Address: Telephone: Fax: Hours of operation: Weekdays: Weekend: Type of Firm: Corporation: Proprietorship: Partnership: Joint Venture: Other (please describe): Business License Number: Number of years in business under firm name: Full names of firm s owners (> 10% ownership), officers and managing employees: Has the firm changed its name within the past 3 years? YES NO If yes, provide former name(s): (Copy Section V. and Appendices A&B and complete for each former firm name; attach to the current firm s Proposal Questionnaire.) Have there been any recent (within the last three years) changes in control/ownership of the firm? If yes, explain. YES NO Have officers or principals of the firm ever had their business license suspended or revoked for any reason? YES NO If yes, please explain. Vendor Representative: Authorized Signature: Print name: Date: Phone: 9 of 21

10 Appendix B REFERENCES REFERENCES: Please provide a minimum listing of three (3) customers who have used your services in the past year. In this listing, please provide the following information: a. Name of the Customer # 1: R E F E R E N C E # 1 b. Web Address. c. Contact name with phone, address, fax, and . d. Dates of business. a. Name of the Customer # 2: R E F E R E N C E # 2 b. Web Address. c. Contact name with phone, address, fax, and . d. Dates of business. a. Name of the Customer # 3: R E F E R E N C E # 3 b. Web Address. c. Contact name with phone, address, fax, and . d. Dates of business. 10 of 21

11 Appendix C PROFESSIONAL SERVICES AGREEMENT CONSULTANT: [NAME OF CONSULTANT] This Professional Services Agreement (the Agreement ) dated [INSERT DATE] is intended to govern the relationship between and among the San Mateo County Community College District (the District ) and [NAME OF CONSULTANT] (hereinafter Consultant or Vendor ) with regard to the services to be provided by Consultant as described herein and in subsequent Exhibits to this Agreement. The District and Consultant shall be referred to herein collectively as the Parties (or Party if singular). This Agreement shall constitute the entire agreement between the Parties, and is intended to describe all duties and responsibilities of the Parties with regard to the services to be provided hereunder. This Agreement supersedes any and all written or oral agreements between the Parties with regard to the subject-matter of this Agreement, and this Agreement may not be amended or modified except in a written instrument duly executed by the Parties hereto. To the extent this Agreement conflicts with the terms of any proposal, invoice, or other document submitted to or by either Party, the terms of this Agreement shall be controlling. I. SCOPE OF THE SERVICES The consultant shall perform all Services described in Appendix A, attached hereto and by this reference made a part hereof. II. COMPENSATION FOR SERVICES District shall compensate Consultant for Services properly provided under this Agreement, and will calculate the amount of said compensation based upon the values indicated in Appendix B, Compensation for Services. Notwithstanding the aforementioned, District shall not be obligated to compensate Consultant for Services performed under this Agreement in excess of [amount], unless otherwise agreed upon in writing by the District. III. SCHEDULE OF PERFORMANCE & DELIVERABLES Consultant shall commence performance of the Services upon receipt of authorization from the District, and shall complete the Services [no later than xxx days] after receiving authorization to proceed with the work. Should Consultant require additional time to complete the Services, Consultant will request an extension of the scheduled completion date in a letter to the District immediately upon discovery of matters requiring a time adjustment. Consultant s letter to the District requesting additional time shall include the following: 1) a review of the progress of Consultant s performance and progress as of the date of the letter; 2) a narrative description of the circumstances encountered by Consultant, which Consultant believes justifies an adjustment of time; and 3) a statement of the number of additional days Consultant is requesting as an adjustment to this Schedule of Performance. District shall not be obligated to grant any such request for extension of time, but will review and consider such a request in accordance with District goals and priorities. District will respond to any such request in a timely 11 of 21

12 fashion and in writing. The Schedule & Deliverables for specific project proposals will be contained in future Exhibits under Appendix C, incorporated herein by reference. 12 of 21

13 IV. TERMS AND CONDITIONS (1) Consultant shall perform the Services in accordance with the terms and conditions of this Agreement, INCLUDING THE GENERAL TERMS AND CONDITIONS ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. (2) Consultant will note the appropriate Exhibit Number & Purchase Order Number on all invoices and correspondence, and will deliver all correspondence and/or invoices to San Mateo County Community College District Office, 3401 CSM Drive, San Mateo, CA immediately upon performance. Invoices shall be submitted in duplicate. (3) Any changes made to the printed Terms and Conditions on this Agreement shall be null and void unless approved in writing by the District. (4) Consultant shall comply with Appendix D. (5) Consultant has read and negotiated all terms incorporated in this Agreement, and expressly accepts same, including Paragraph 5 of the General Terms and Conditions relating to indemnity and liability. V. GENERAL TERMS AND CONDITIONS 1. Agreement Force and Effect. District is not responsible for services rendered without the authority of an Agreement on this form. This Agreement shall supercede and control over all inconsistent provisions in any proposal. The provisions of this Agreement (which may include attachments) constitute the entire agreement between the Consultant and District regarding the work and services described herein. No representation, term or covenant not expressly specified in this Agreement shall, whether oral or written, be a part of this agreement. No modification of this Agreement shall be effective unless it is in writing, and is signed by the duly appointed representatives of the Parties hereto. This Agreement shall supersede all other prior purchase Agreements and agreements between Consultant and District with respect to the work and services described herein. This Agreement may not be modified, nor may compliance with any of its terms be waived, except by a written instrument executed and approved by fully authorized representatives of District and Consultant. The headings in this Agreement are for convenience only and do not affect the construction of this Agreement. 2. Performance of Services/No Assignment. Time is of the essence in the performance of the Services. Consultant represents that it is skilled in the professional discipline necessary to perform the services ( Services ) under this Agreement. Consultant will perform its Services in a skillful manner, comply fully with criteria established by District, and with applicable laws, codes, and all applicable professional standards, including by not limited to, the California Education Code and Title 24. Consultant shall not contract any portion of the Services or otherwise assign this Agreement without prior written approval of District. (Consultant shall remain responsible for compliance with all terms of this Agreement, regardless of the terms of any such assignment.) Consultant s authorized representative is the individual signing this Agreement unless Consultant otherwise informs District in writing. The granting of any payment, and any inspections, reviews, approvals or oral statements by any District representative, or certification by any governmental entity, shall in no way limit Consultant s obligations under this Agreement. 3. Records and Payment Requests. Consultant shall submit all billings with all necessary invoices or other appropriate evidence of performance, after which District shall make payment within thirty (30) days. District shall have the right to audit the Consultant s work records. Consultant shall make available to District, its authorized agents, officers, or employees, any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the expenditures and disbursement charged to District, for examination. Consultant shall furnish to District, its authorized agents, officers, or employees, such other evidence or information as District may require with regard to any such expenditure or disbursement charged by Consultant. Consultant shall maintain all documents and records prepared by or furnished to Consultant during the course of performing the services for at least three (3) years following completion of the Services, except that all such items pertaining to hazardous materials shall be maintained for at least thirty (30) years. Such records include, but are not limited to, correspondence, internal memoranda, calculations, books and accounts, accounting records documenting its work under its Agreement, and invoices, payrolls, records and all other data related to matters covered by this Agreement. Consultant shall permit District to audit, examine and make copies, excerpts and transcripts from such records. The State of California or any federal agency having an interest in the subject of Agreement shall have the same rights conferred to District by this section. Such rights shall be specifically enforceable. 4. Independent Contractor. Consultant is an independent Contractor and does not act as District s agent in any capacity, whatsoever. Consultant is not entitled to any benefits that District provides to District employees, including, without limitation, worker s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding direction apply to and concern the result of the Consultant s provision of Services not the means, 13 of 21

14 methods, or scheduling of the Consultant s work. Consultant shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Services under this Agreement. Consultant shall pay all payroll taxes imposed by any governmental entity and will pay all other taxes not specifically identified in this Agreement as District s responsibility. 5. Indemnity/Liability. To the extent of its proportionate fault, Consultant shall defend, indemnify and save the District, and all of its officers, directors, representatives, agents and employees (together Indemnitees ), from and against any and all claims and liability of any type resulting directly or indirectly from Consultant s negligent performance of this Agreement. Consultant shall also defend, indemnify and save harmless, to the extent of its proportionate fault, the Indemnitees, from and against all claims, suits, actions, liability, damages, expense or costs of every nature and description to which the Indemnitees may be subject or put by reason of bodily injury to or death of any person or damage to any property, which directly or indirectly arises out of the Consultant s performance of this Agreement, Consultant s provision of Services, or Consultant s activities related thereto. Defense counsel retained under this section shall be subject to the Indemnitees reasonable approval. Notwithstanding any provision of this Agreement, the Indemnitees shall not be liable, in contract or tort, for any special, consequential, indirect or incidental damages arising out of or in connection with this Agreement or the Services. The Indemnitees rights and remedies, whether under this Contract or other applicable law, shall be cumulative and not subject to limitation. 6. Conflict of Interest. Consultant represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, Consultant represents to and agrees with District that Consultant has no present, and will have no future conflict of interest between providing District services hereunder and any interest Consultant may presently have, or will have in the future, with respect to any other person or entity (including but not limited to any federal or state wildlife, environmental or regulatory agency) which has any interest adverse or potentially adverse to District, as determined in the reasonable judgment of District. 7. Confidentiality. Any information, whether proprietary or not, made known to or discovered by Consultant during the performance of or in connection with this Agreement for District, will be kept confidential and not be disclosed to any other person. Consultant will immediately notify District in writing if requested to disclose any information made known to or discovered by during the performance of or in connection with this Agreement. These conflict of interest, confidentiality and future service provisions and limitations shall remain fully effective indefinitely after termination of services to District hereunder. 8. Ownership of Results. Consistent with Education Code Section 17316, any interest (including copyright interests) of Consultant or its contractors or subconsultants (together, "Subconsultants"), in studies, reports, memoranda, computational sheets, drawings, plans or any other documents (including electronic media) prepared by Consultant or its Subconsultants in connection with the Services, shall become the property of District. To the extent permitted by Title 17 of the United States Code, work product produced under this Agreement shall be deemed works for hire and all copyrights in such works shall be the property of District. In the event that it is ever determined that any works created by Consultant or its Subconsultants under this Agreement are not works for hire under U.S. law, Consultant hereby assigns to District all copyrights to such works. With District's prior written approval, Consultant may retain and use copies of such works for reference and as documentation of experience and capabilities. Consultant shall, however, retain the copyright in its standard details, and grants District an unlimited license to use such details for the purposes stated herein. Should the District desire to reuse the Documents specified above and not use the services of the Consultant, then the District agrees to require the new Consultant to assume any and all obligations for the reuse of the documents and the District releases Consultant and its Subconsultants from liability associated with the reuse of the documents. 9. Non-Discrimination Policy. Consultant shall not discriminate against any employee or applicant for employment, nor against any Subconsultant or applicant for a subcontract, because of race, color, religious creed, age, sex, actual or perceived sexual orientation, national origin, disability as defined by the ADA or veteran s status. To the extent applicable, Consultant shall comply with all federal, state and local laws (including, without limitation, all County and District ordinances, rules and regulations) regarding non-discrimination, equal employment opportunity, affirmative action and occupational-safety-health concerns, shall comply with all applicable rules and regulations thereunder, and shall comply with same as each may be amended from time to time. Consultant shall provide all information reasonably requested by District to verify compliance with such matters. Consultant stipulates, acknowledges and agrees that District has the right to monitor Consultant s compliance with all applicable non-discrimination requirements, and may impose sanctions upon a finding of a willful, knowing or bad faith noncompliance or submission of information known or suspected to be false or misleading. 10. Termination and Suspension. District may direct Consultant to terminate, suspend, delay or interrupt Services, in whole or in part, for such periods of time as District may determine in its sole discretion. District may issue such directives without cause. District will issue such directives in writing, and compensate Consultant for its costs expended up to the termination plus reasonable profit thereon only in the event District terminates this Agreement for District s convenience. Consultant may recover no other cost, damage, or expense. Suspension of Services shall be treated as an excusable delay. District may 14 of 21

15 terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should Consultant commit a material breach of the Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of District s written notice to Consultant demanding such cure. In the event District terminates the Agreement for default, Consultant shall be liable to District for all loss, cost, expense, damage and liability resulting from such breach and termination. Provided that District continues to compensate Consultant. in accordance with this Agreement, Consultant shall continue its work throughout the course of any dispute, and Consultant s failure to continue work during a dispute shall be a material breach of this Agreement. Either party s waiver of any breach, or the omission or failure of either party, at any time, to enforce any right reserved to it, or to require strict performance of any provision of this Agreement, shall not be a waiver of any other right to which any party is entitled, and shall not in any way affect, limit, modify or waive that party s right thereafter to enforce or compel strict compliance with every provision hereof. 11. Execution; Venue; Limitations. This Agreement shall be deemed to have been executed in the City of San Mateo, San Mateo County, California. Enforcement of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules. The exclusive venue for all litigation arising from or relating to this Agreement shall be in San Mateo County, California. Except as expressly provided in this Agreement, nothing in this Agreement shall operate to confer rights or benefits on persons or entities not party to this Agreement. As between the parties to this Agreement, any applicable statute of limitations for any act or failure to act shall commence to run on the date of District s issuance of the final Certificate for Payment, or termination of this Agreement, whichever is earlier, except for latent defects, for which the statute of limitation shall begin running upon discovery of the defect and its cause. 12. District Responsibilities. The District shall furnish the required information and services and shall render approvals and decisions expeditiously for the orderly progress of the consultant s work. The District shall not significantly increase the budget allocated for the cost of the work without agreement of the consultant. By signing below, I hereby warrant that I am duly authorized to enter into this binding Agreement on behalf of the entity indicated above my signature: [NAME OF CONSULTANT] SAN MATEO COUNTY COMMUNITY COLLEGE DISTRICT [INSERT NAME] [INSERT TITLE] James W. Keller Executive Vice Chancellor Dated Dated Appendix A to Professional Services Agreement (6) SCOPE OF SERVICES This Appendix A is attached to and incorporated by reference into the Professional Services Agreement (the Agreement ) between the San Mateo County Community College District (the District ), and [NAME OF CONSULTANT], (the Consultant ), dated [INSERT DATE]. Consultant agrees to provide the following Services in accordance with the terms of the Agreement. The Scope of Services to be provided by Consultant is described as follows: PURPOSE The purpose of Consultant s Scope of Services is to [DESCRIBE] SCOPE OF WORK The scope of work to be developed for this project consists of three primary tasks, including: Task 1: 15 of 21

16 Task 2: Task 3: Task 1 To accomplish Task 1, [Name of firm] will: Task 2 To accomplish Task 2, [Name of firm] will: Task 3 To accomplish Task 3, [Name of firm] will: END OF APPENDIX A Page 16 of 21

17 Appendix B to Professional Services Agreement COMPENSATION FOR SERVICES This Appendix B is attached to and incorporated by reference into the Professional Services Agreement (the Agreement ) between the San Mateo County Community College District (the District ), and [NAME OF CONSULTANT], (the Consultant ), dated [INSERT DATE]. Consultant agrees to provide the following services in accordance with the terms of the Agreement. Consultant shall bill for it s Services for the purposes of this Agreement to the District in accordance with the Schedule of Values as shown below. These values shall remain in place and shall not be adjusted or modified, except in accordance with the terms of this Agreement, or by way of a written instrument signed by the Parties to this Agreement. Consultant will be compensated for its properly provided Services at the following rates: PROJECT FEE ESTIMATE TASK SCOPE OF WORK AMOUNT FEE SCHEDULE [Attach fee schedule here] END OF APPENDIX B Page 17 of 21

18 Appendix C to Professional Services Agreement MILESTONE SCHEDULE & DELIVERABLES This Appendix C is attached to and incorporated by reference into the Professional Services Agreement (the Agreement ) between the San Mateo County Community College District (the District ), and [NAME OF CONSULTANT], (the Consultant ), dated [INSET DATE]. Consultant agrees to provide the following Schedule in accordance with the terms of the Agreement. The following table is a list of activities to be performed by Consultant, District and other parties with regard to work authorized under Appendix A to [Enter EXHIBIT # Here], Scope of Services under this Agreement, for which specific time deadlines and deliverables for performance shall be set as follows: No. ACTIVITY DELIVERABLES PARTY MILESTONE DATE END OF APPENDIX C Page 18 of 21

19 Appendix D to Professional Services Agreement (7) INSURANCE This Appendix D is attached to and incorporated by reference into the Professional Services Agreement (the Agreement ) between the San Mateo County Community College District (the District ), and [NAME OF CONSULTANT], (the Consultant ), dated [INSERT NAME]. Consultant agrees to provide the following Insurance in accordance with the terms of the Agreement. 1. Consultant s Duty to Show Proof of Insurance. Prior to the execution of this Agreement, Consultant shall furnish to District Certificates of Insurance showing satisfactory proof that Consultant has taken out for the entire period required by this Agreement, as further described below, the following insurance, in a form satisfactory to District and with an insurance carrier satisfactory to District, authorized to do business in California and rated by A. M. Best & Company A or better, financial category size IX or better, which will protect those described below from claims described below which arise or are alleged to have arisen out of or result from the acts or omissions of Consultant for which Consultant may be legally liable, whether performed by Consultant, or by those employed directly or indirectly by it, or by anyone for whose acts Consultant may be liable: 1.1 Commercial General Liability Insurance Commercial general liability insurance, written on an occurrence basis, which shall provide coverage for bodily injury, death and property damage resulting from operations, products liability, liability for slander, false arrest and invasion of privacy arising out of professional services rendered hereunder, blanket contractual liability, broad form endorsement, products and completed operations, personal and advertising liability, with per location limits of not less than $4,000,000 annual general aggregate and $2,000,000 each occurrence. 1.2 Business Automobile Liability Insurance 13. Business automobile liability insurance with limits not less than $2,000,000 each occurrence including coverage for owned, non-owned and hired vehicles. 1.3 Workers Compensation Insurance 14. Workers Compensation Employers Liability limits required by the laws of the State of California. Consultant s Worker s Compensation Insurance policy shall contain a Waiver of Subrogation. In the event Consultant is self-insured, it shall furnish Certificate of Permission to Self-Insure signed by Department of Industrial Relations Administration of Self-Insurance, State of California. 1.4 Professional Liability Insurance Professional Liability Insurance satisfying either of the two following requirements: (a) specific to this Project only, with limits not less than $2,000,000 each claim, or (b) limits of not less than $4,000,000 each claim and aggregate. Such Professional Liability Insurance shall apply to and insure against Consultant s negligent acts, errors or omissions in connection with services to be provided under this Agreement, and shall contain no exclusion for claims of one insured against another insured. Such Professional Liability Insurance policy shall continue to provide coverage as specified in this Paragraph for a period of five (5) years after the completion of the Services. Page 19 of 21

20 2. Insurance Terms and Conditions: Status of SAN MATEO COUNTY COMMUNITY COLLEGE DISTRICT as Additional Insured: 16. The SAN MATEO COUNTY COMMUNITY COLLEGE DISTRICT and its Trustees, officers, officials, representatives, employees, Consultants, and agents, shall be named as additional insured on Consultant s Commercial General Liability policy, but only with respect to liability arising out of the activities of the named insured, and there shall be a waiver of subrogation as to each named and additional insured. 2.2 The policies shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company s liability. 2.3 Certificates of Insurance shall include the following statement: Written notice of cancellation, non-renewal or of any material change in policy shall be mailed to District thirty (30) days in advance of the effective date thereof. 2.4 Consultant s insurance shall be primary insurance and no other insurance or self-insured retention carried or held by any named or additional insured other than that amount. Consultant shall be called upon to contribute to a loss covered by insurance for the named insured. 2.5 Nothing contained herein shall be construed as limiting in any way the extent to which Consultant or any of its employees may be held responsible for payment of damages resulting from Consultant s operations. 2.6 If Consultant fails to maintain any required insurance, District may (but is not obligated to) obtain such insurance, and may deduct and retain the cost of any premium so incurred from any sums due Consultant under this Agreement. END OF APPENDIX D Page 20 of 21

21 Appendix D DEBARMENT CERTIFICATION FORM & DRUG-FREE WORKPLACE THE VENDOR CERTIFIES: 1. Neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency. Where the bidder is unable to certify to any of the statements in the certification, such agency shall attach an explanation to this proposal. 2. As required by the State Drug-Free Workplace Act of 1990 (Government Code Section 8350 ET. SEQ.) and the Federal Drug-Free Workplace Act of 1988, and implemented at Title 34 Code of Federal regulations, Part 85 Subpart F for Grantees, as defined at Title 34 Code of Federal regulations, Part 85, sections and , the bidder certifies that it will continue to provide a drug-free workplace. Respondent s Name: Signature of Authorized Official: Printed Name and Title: Date Signed: Phone: 1. Where the bidder is unable to certify to any of the statements in this certification, such Agency shall attach an explanation to this proposal. Name of Company Date Signature of Authorized Representative Title Page 21 of 21