des moines public schools request for interest rfi7499€¦ · respondents are asked to submit...

NOTICE Des Moines Public Schools (District) is seeking requests of interest for a Homeless Liaison Services coordinator to provide assistance to students and families in need in the Des Moines Public Schools district. Responses expressing interest to partner with the District must be received by 9:00 A.M., on August 5, 2016. They will be received by the District’s purchasing agent at his office: 1915 Prospect Road, Suite 1200, Des Moines, IA. 50310. Respondents are asked to submit their proposals with along with a cover letter and resume by the date and time specified above, the District will allow a period of inquiries beginning immediately and terminating at the end of business on July 29, 2016. The District will accept the responses from interested parties in sealed envelopes only, electronic submissions are not acceptable. Inquiries regarding interpretation of this request and other questions shall be addressed to Melissa Read via email: [email protected]. Calendar of Events Issuance Date 7/25/19 Inquiries Deadline 7/29/16 Due Date 8/05/16

Des Moines Public Schools Request for Interest RFI7499

mailto:[email protected]

Request for Interest – RFI7499 Homeless Liaison Services

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TABLE OF CONTENTS I Objective Page 3

II. Background Page 3

III. Terms and Conditions

A. Preparation & Submission Page 3

B. Conflict of Interest Page 3

C. Evaluation of Submission Pages 3-4

D. Insurance Page 4

E. Indemnification Page 4

F. Award Requirements Pages 4-5

G. Payment Page 5

H. Termination of Cancellation Page 6

I. Bribery, Corruption, & Gifts Page 6

J. Disclosure of Content Information Page 7

K. Disposition of Information Packets Page 8

L. Audit or Examination of Contract Page 8

M. Copyrights Page 8

N. Release of Claims Page 8

O. Contract Period Page 8

IV. Scope of Work Pages 9

V. Form of Interest Page 10

VI. Attachments Pages 11-19


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I. Objective The Des Moines Public Schools (DMPS) is seeking requests for interest, including resumes, from the community to provide Homeless Liaison Services to students and families in the District. The contract duration would be August 8, 2016 through the last day of school, May 31, 2016. The Liaison will meet with the District At-Risk Coordinator monthly. Please submit a proposal on how you will assist the District in supporting homeless families and youth. The Liaison will provide homeless statistics to the District At-Risk coordinator on a quarterly basis. Year-end data will be reported to the Iowa Department of Education. Background The District is located in Des Moines, Iowa, the capital city of the state and employees approximately 5,000 teachers and staff. The District has over seventy-three sites which include K-12 education, special education, operations and administration offices. It educates approximately 32,000 students annually and has provided education services for the past 100 years. The District student enrollment in 2013 was 32,062, demographics for that enrollment were: White 46.5%, Hispanic 22.6%, African American 17.2%, Mixed Race 6.3%, Asian 6.6%, Native American 0.4%, and Pacific Islander 0.1%. The District calculates that 70.6% of their students receive free and reduced meals and that 16.3% of the students are English Language Learners while 15.5% of the student population is in Special Education programs.

III. General A. Preparation and Submission

1.) The submission must be typed or legibly printed in ink, on the Form of Interest supplied. 2.) The submission must contain the signature of an authorized agent of the Respondent. 3.) The accuracy of the submission is the sole responsibility of the Respondent. 4.) This request does not commit the District to pay any cost incurred by the Respondent

or any other party in preparation of their submission. B. Conflicts of Interest

1.) It shall be understood and agreed that this submission was offered independently of any other submission.

2.) All submissions must comply with Chapter 722 of the Code of Iowa provides that it is a felony to offer, promise or give anything of value or benefit to a person serving in a public capacity.

C. Evaluation of Submission

1.) The District reserves the right to reject submissions or parts thereof for the following reasons: a. The Respondent misstates or conceals any material fact in their submission. b. The Respondent's Proposal does not strictly conform to the law or requirements of

the request. c. The response does not include the required documents. d. The response has not been properly executed by signature of an authorized

representative of the Respondent.


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C. Evaluation of Submission 2.) A submission may not be accepted from respondents, which are in arrears to the

District. 3.) A submission may not be accepted from respondents which have failed to perform

faithfully any previous contract with the District, state or federal governmental agency for a minimum period of one (1) year after the previous contract was terminated for cause.

4.) A submission may be rejected if the respondent is currently under suspension or debarment.

5.) A submission may not be accepted from any respondent, which has pending litigation against the District.

D. Insurance Requirements

Insurance may not be required but if it should be the following will apply:

1.) The Respondent’s submission should consider the District’s requirements of evidence of Insurance. a. Two (2) million professional liability policy for any one time claim with an aggregate

not less than three (3) million b. Workers' Compensation Statutory c. Automobile Liability $1,000,000 Combined Single Limit d. Commercial General Liability, $1,000,000 Combined Single Limit (Including Contractual Liability & Products Completed Operations Coverage)

e. Umbrella/Excess Liability $2,000,000 f. The establishment of minimum limits of insurance by the Des Moines Public Schools

does not reduce or limit the liability or responsibilities of the Successful Respondent.

2.) All policies of insurance required herein shall be written by insurance companies licensed to conduct the business of insurance in Iowa.

E. Indemnification

The Respondent’s submission should consider the District’s indemnification requirements: a. Respondent will assume all responsibility and liability for any and all damages

caused by or resulting from the negligent or willful unauthorized disclosure of any confidential information. (Selected Provider will be asked to execute a Non-Disclosure Agreement)

b. The successful Respondent shall hold harmless, indemnify, and save the District, its officers, employees, and agents, from any and all liability claims, losses or damages arising or alleged to arise during the performance of the work described.


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F. Award Requirements

Awardee shall be familiar and comply with all local, state, and federal directives, ordinances, rules, orders, and laws as applicable to, and affected by, this contract including but not limited to Equal Employment Opportunity Commission (EEOC), the Occupational Safety, Health Act (OSHA), and Title I and Title II of the Americans with Disabilities Act (ADA) regulations.

1.) Successful Proposer shall be familiar and comply with all local, state, and federal

directives, ordinances, rules, orders, and laws as applicable to, and affected by, this contract including but not limited to Equal Employment Opportunity Commission (EEOC), the Occupational Safety, Health Act (OSHA), and Title I and Title II of the Americans with Disabilities Act (ADA) regulations. No Proposer shall be excluded from consideration for award in conjunction with this solicitation on the basis of race, color, creed, national origination, handicap or sex or be subjected to discrimination under any contractual award administered by the District. It is the policy of the Des Moines Community School District not to illegally discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you believe you have been discriminated against or treated unjustly, please contact the Equity Coordinator, Isaiah McGee at 2323 Grand Avenue, Des Moines, IA 50312, 515-242-7662 [email protected] Section 504 34 CFR 104.8, Title IX 34 CFR 106.9, OCR Guidelines IV.O and V.C.

2.) The Awardee shall not assign, transfer, convey, sublet or otherwise dispose of this contract, including any or all of its right, title or interest therein, or its power to execute such contract to any person, company or corporation without prior written consent of the District.

3.) All employees of the Awardee shall be considered to be, at all times, employees of the Awardee under its sole direction and not an employee or agent of the District. The Awardee shall supply competent and capable employees in a number that is consistent with the service requirements. Where required, employees shall be licensed and accredited. The District may require the Awardee to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on District property is not in the best interest of the District. In accordance with the District's policy regarding the use of tobacco and alcohol products and/or illegal drugs, no employee of the Awardee shall be permitted to use these substances when performing work on District property.



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F. Award Requirements 4.) The Awardee shall certify that all employees employed in support of this contract who

have direct contact with students, which is defined to mean being in the presence of students during regular school hours or during school-sponsored activities, have not been convicted of (i) a felony; (ii) any offense involving the sexual molestation, physical or sexual abuse or rape of a child; or (iii) a crime of moral turpitude. The District reserves the right to perform a background check on the Awardee or their employees who come in direct contact with students. (See Acknowledgement).

5.) The Awardee will be responsible for the cost of all the equipment, accessories, labor, materials in order to the work as detailed in the Scope of Services.

G. Payment

1.) To be eligible for payment, all labor, equipment and materials covered under Awardee invoice must be completed and accepted by the District. The District agrees to make payments under this contract within forty-five (45) days after receipt of a correct invoice for such payment. Where payment is made by mail, the date of postmark shall be deemed to be the date of payment.

2.) Any amounts due the District under the terms of this or any other agreement may be applied against Awardee’s invoices with documentation for the basis of the adjustment attached. In no event shall any interest penalty or late fee accrue when payment is delayed because of disagreement between the District and Awardee regarding the quantity, quality, time of delivery, or other noncompliance with the contract requirements for any product or service or the accuracy or correctness of any invoice.

3.) Awardee shall submit to the District all invoices promptly upon completion of the requirements for installation, delivery, and acceptance of the products and services required under this contract. Invoices shall not include any costs other than those identified in the executed District purchase order awarding this contract or any subsequent change orders issued by the Purchasing Department.

4.) All other costs are the Proposer’s responsibility, except to the extent such charges are identified in the executed District purchase order or change orders. Awardees invoices shall provide at a minimum:

Type and description of the product or service installed, delivered and accepted; Quantity delivered; Charge for each item Extended total (unit costs x quantity) This RFI number and / or the DMPS Purchase Order number

a. Payment terms offering a "prompt payment discount" of 20 days or greater will be considered in the evaluation of proposals. All other payment terms shall be net forty- five (45) calendar days or greater. The District plans to pay Awardee (s) using a procurement or virtual credit card, or may make payments by electronic funds transfer and recommends that Contractors accept one of these forms of payment

b. Special Educational or Promotional Discounts: Awardee shall extend any special educational or promotional sale prices or discounts immediately to the District during the term of the contract. Such notice shall also advise the duration of the specific sale or discount price.


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H. Termination or Cancellation

The Respondent’s submission should consider the District’s conditions for termination. a. Non-compliance with all Terms & Conditions with a thirty-day notice to correct any

/ all issues. Please visit our website for a complete set of our terms @ http://www.dmschools.org/wp-content/uploads/2015/08/General-Terms-n-Conditions-New.pdf

b. Mutual agreement of both parties of not less than a thirty-day notice. c. Failure of either party to carry out all provisions as described with a 30-day notice d. Petition of bankruptcy against the respondent with a fifteen-day notice. e. Funding for the project is unavailable for any reason with a ten-day notice.

I. Bribery, Corruption and Gifts

Respondents should familiarize themselves with Chapter 722 of the Code of Iowa. J. Disclosure of Information Content

All proposal submissions become the property of the District and will not be returned to the Proposer at the conclusion of the selection process; the contents of all proposal submissions will be in the public domain and be open to inspection by interested parties subject to exceptions provided in Iowa Code Chapter 22 or other applicable laws. Proposer must list those areas of their submission which they are seeking exemptions from this statute below as well as the section in Iowa code that permits this protection. The District in its sole discretion will determine if this request complies with the Iowa code. In the event that a Freedom of Information Act (FOIA) request is made upon the District for information which is marked confidential by the Proposer, the District will communicate immediately with the Proposer and allow them 15 working days to seek an injunction to stop the release of the requested information. The expense for such action shall be the responsibility of the Proposer, the District will not assume any cost for the release of information and will not be held responsible for the release of the information. The sections listed below represents trade secrets or proprietary information exempt from release by Iowa Code Chapter 22:

Section Page Number Iowa Chapter 22 Exemption *Please use a separate sheet if more exemptions are requested.

http://www.dmschools.org/wp-content/uploads/2015/08/General-Terms-n-Conditions-New.pdf



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K. Disposition of Information Packages

All submissions become the property of the District and will not be returned to the respondent.

L. Audit or Examination of Contract

Respondent agrees that any authorized auditor, the Office of Auditor of State and where federal funds are involved, the Comptroller of the United States or a representative of the United States Government, shall have access to and a right to examine their submission.

M. Copyrights

By making a submission the Respondent agrees that the District may copy the submission for purposes of facilitating the evaluation

N. Release of Claims

By making a submission the Respondent agrees will not bring any claim or cause of action against the District based on any misunderstanding concerning the information.

O. Contract Period

The initial contract period will be for one (1) year from August 8, 2016 until May 31, 2017, with the option to renew the contract annually. The District reserves the option to renew the contract with the Awardee for up to four additional one year periods. The amount of the contract for the second through the fifth year shall be negotiated at the close of each preceding year. The renewal option may not be exercised if it is not in the District’s best interest.


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IV. Scope of Work

Objective: DMPS and the District At-Risk Coordinator are seeking an individual to provide Homeless Liaison Services for students and families of the District. The Liaison will meet with the At-Risk Coordinator on a monthly basis and will prepare both for District staff and the State of Iowa. The District seeks a Liaison that meets the following requirements:

a. Has a degree in the Human Services field, social work, psychology, sociology, child

and family’s studies. b. Has knowledge and understanding of McKinney Vento Law c. Has a minimum of 5 of years’ experience providing homeless services to students

and families in a large Urban district d. Has a minimum of 5 years’ experience with coordinating with a transportation

department to ensure bussing is established within the McKinney Vento requirements

e. Has a minimum of 5 years’ experience coordinating with Food and Nutrition programs to ensure students are receiving Free Lunch

f. Has a minimum of 5 years’ experience working with a school technology department to ensure accurate data is collected and extracted

g. Has a history of collaborating with community partners to ensure McKinney Vento law is implemented

h. Has a minimum of 5 years’ experience with Infinite Campus i. Has the ability to accurately complete end of year report and data analysis for the

Department of Education j. Has a history of successful collaboration with multiple stakeholders of a large urban

District k. Has a history of successful collaboration with multiple school districts to ensure

collaboration regarding McKinney Vento law

Budget: The independent contractor will contract with the Des Moines Public Schools and work with the District at Risk Coordinator within the scope of this request for interest. The total budget for this service is $45,000.00.


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V. Form of Interest Based upon the information provided in this document and online, I am interested in being considered a candidate for the Homeless Liaison Services coordinator. I have read and understand all of the terms, conditions and requirements to perform the request work for the District and by signing the below agrees to be bound by it and all attachments. I have the full authority to enter into this contract and will not require any additional authorization from my company or organization. Your Proposed Costs: Name: Address: City, Sate, Zip; Phone: Fax: Email: Contact: Title: Signature: Date: / /2016

Checklist

__________Review and agree to terms, conditions and requirements specified

__________Form of Interest signed

__________Agree to the maximum contracted budget (District will accept a lower cost)

__________Cover letter and resume attached

__________Acknowledgement & Certification form completed

__________Awardee will be required to sign a Professional Services Contract


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VI Attachments

CONFIDENTIALITY AND NONDISCLOSURE AGREEMENT The party identified above as Proposer anticipates having dealings from time to time with Des Moines Independent Community School District., and/or one or more of the affiliates of Des Moines Independent Community School District. (Individually and collectively referred to herein as “Customer”) In the course of such dealings, Proposer may receive or have access to certain information concerning Customer or third parties to whom Customer has an obligation of confidentiality. In consideration of the business dealings of the parties, Proposer agrees to the terms of this Confidentiality and Nondisclosure Agreement (“Agreement”). Confidentiality. For purposes of this Agreement, Customer’s “Confidential Information” consists of: (a) all non-public information (including but not limited to trade secrets, proprietary information, and information about products, business methods and business plans) relating to Customer’s business (or to the business of Customer’s licensors, suppliers or other trading partners) that is either marked or otherwise identified as confidential or proprietary, or that a reasonable person would understand to be considered confidential by Customer (even if not so marked or identified); and (b) all information that Customer is obligated by law to treat as confidential for the benefit of third parties, including but not limited to personal, financial, and/or health information about individuals who have applied for or purchased financial products or services from Customer. Proposer acknowledges that, in connection with the performance of this Agreement or otherwise in the course of its dealings with Customer, Proposer may receive Confidential Information from Customer or may otherwise have access to or learn of Customer’s Confidential Information. In the absence of Customer’s prior written consent to a specific disclosure or use, Proposer will not disclose to any third party any of Customer’s Confidential Information, either orally or in writing, and will not appropriate any of Customer’s Confidential Information to Proposer’s own use or to the use of any third party. Confidential Information that is provided by Customer to Proposer will be used by Proposer and its agents only for the purpose for which it was provided, and access to such information will be restricted to individuals who require the information (or access to the information) to further that purpose. Without limiting any of the foregoing, Proposer will take at least such precautions to protect Customer’s Confidential Information as Proposer takes to protect its own confidential information, and in any event will take all precautions that are reasonably necessary to protect the security of Customer’s Confidential Information. Upon Customer’s request, Proposer will return or destroy, as specified by Customer, all tangible items containing any of Customer’s Confidential Information, including all copies, abstractions and compilations thereof, without retaining any copies of the items required to be returned or destroyed. With respect to an electronic or computer copies or records of or relating to the same, without limiting the foregoing, upon request for destruction by the Provider, the Proposer shall immediately shred, permanently delete or otherwise irretrievably destroy and render unreadable all such copies or records from all computers, laptops, servers, back-up systems, storage devices and media owned by, or operated by or for the Proposer. Notification obligation. Upon learning of any unauthorized disclosure or use of Customer's Confidential Information, Proposer will notify Customer promptly and cooperate fully with Customer to protect Customer’s Confidential Information.


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Disclosure required by law. If Proposer believes it is required by law or by a subpoena or court order to disclose any of Customer’s Confidential Information, then prior to any disclosure Proposer will promptly notify Customer in writing, attaching a copy of the subpoena, court order or other demand, and Proposer will make all reasonable efforts to allow Customer an opportunity to seek a protective order or other judicial relief. Non-restricted information. Except as stated in the final sentence of this paragraph, nothing in this Agreement will be construed to restrict disclosure or use of information that: (a) was in the possession of or rightfully known by Proposer, without an obligation to maintain its confidentiality, prior to receipt from Customer; (b) is or becomes generally known to the public without violation of this Agreement; (c) is obtained by Proposer in good faith from a third party having the right to disclose it without an obligation of confidentiality; (d) is independently developed by Proposer without the participation of individuals who have had access to Customer’s Confidential Information. Proposer acknowledges that certain laws governing information about individuals are more restrictive than the foregoing statements, and Proposer agrees to comply in all respects with such laws. Duration of obligations. The obligations imposed by this Agreement will survive termination of an existing business relationship between Proposer and Customer, or completion of the exploration of a potential business relationship between the parties, as applicable, and will remain in effect with respect to each item of Confidential Information until that information becomes unprotected under the terms of the paragraph above titled “Non-restricted information”. However, if applicable law sets a maximum period for the duration of obligations of nondisclosure and non-appropriation of confidential information, the obligations imposed by this Agreement with respect to each item of Confidential Information (other than trade secrets and other than information about individuals that is protected by law) will remain in effect only until such period expires. Additional limitation. If Proposer is directed in writing by Customer to discuss a request for interest (“RFI”) and the business dealings associated with that RFI only with specifically named employee(s) of Customer, then Proposer agrees not to disclose any information relating to that RFI to any other employee of Customer. Non-waiver. No term or provision of this Agreement will be deemed waived and no breach will be deemed excused unless such waiver or consent will be in writing and signed by Customer. No consent by Customer to, or waiver of, a breach by Proposer will constitute consent to, waiver of, or excuse for any different or subsequent breach. Partial invalidity. If any provision of this Agreement is held to be unenforceable, the remaining provisions will continue in full force and effect. In addition, the parties or the court will modify any unenforceable provision so as to make it enforceable under applicable law, while keeping the modified provision as consistent as possible with the original intent of the parties. Headings. The paragraph headings in this Agreement are for reference purposes only and will not be deemed a part of this Agreement. No assignment. Rights and obligations under this Agreement are personal, and may not be assigned or delegated by either party. Governing law. This Agreement will be governed by the laws of the state of Iowa, without reference to conflict of law principles.


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Consents, permissions and approvals. If a provision of this Agreement requires Proposer to obtain Customer’s written consent, permission or approval (or similar indication of agreement) with respect to a specified matter, such consent, permission or approval (or similar indication of agreement) will, unless otherwise expressly stated in the applicable provision of this Agreement, be valid if and only if it is given in an email message sent by, or on a paper document manually signed in ink by, an authorized representative of Customer. Notwithstanding the foregoing: (a) if Customer’s authorized representative faxes such a manually-signed paper document to the other party, the faxed copy of the manually-signed paper document will be valid to the same extent as the original; and (b) in no event may any provision of this Agreement be changed via email or by any document which is signed by only one party. Notices. All notices required by this Agreement will be delivered by hand or overnight courier to Des Moines Public Schools, 1915 Prospect Road Suite 1200, Des Moines, IA, 50310.


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Acknowledgment & Certification

Proposer is providing services to the Des Moines Independent Community School District (“District”) as a contractor, vendor, supplier, provider or sub-provider and/or is operating or managing the operations of a contractor, vendor, supplier or provider. The services provided by the Proposer may involve the presence of the Proposer’s employees upon the real property of the District. The Proposer acknowledges that Iowa law prohibits a sex offender who has been convicted of a sex offense against a minor from being present upon the real property of the District. The Proposer further acknowledges that, pursuant to Iowa law, a sex offender who has been convicted of a sex offense against a minor shall not operate, manage, be employed by, or act as a contractor or volunteer at the District. The Proposer hereby certifies that no one who is an owner, operator or manager of the Proposer has been convicted of a sex offense against a minor. The Proposer further certifies and agrees that it shall not permit any person who is a sex offender convicted of a sex offense against a minor to provide any services to the District in accordance with the prohibitions set forth above. The Proposer further certifies that the Proposer has completed a satisfactory background check on the Proposer’s employees. The Proposer hereby agrees to provide the District with the Proposer’s background screening procedures including specific context and infractions that are reviewed by the Proposer. The District reserves the right to, but does not have the obligation to, conduct a District background check on Proposer employees as determined by the District in its sole discretion. The District reserves the right to restrict access of any Proposer employee upon the real property of the District if such employee does not clear the District’s background check. The District reserves the right, but does not have the obligation to, to audit the Proposer’s background screening program at any time, whether announced or unannounced. The Proposer hereby agrees that the Proposer shall, upon request, permit an authorized District representative to review background screening records, including those of individual Proposer employees, in order to conduct a compliance review, audit or investigation, to the fullest extent permitted by law. The Proposer shall ensure that the provisions of this Acknowledgement and Certification are extended to any and all subcontractors, consultants, or others the Proposer may engage if such engagement involves their presence upon the real property of the District. The Proposer understands and agrees that violation of any of the provisions of this Acknowledgement and Certification shall constitute sufficient grounds for termination of any contract or subcontract without damages or penalty to the District. This Acknowledgment and Certification is to be construed under the laws of the State of Iowa. If any portion hereof is held invalid, the balance of the document shall, notwithstanding, continue in full legal force and effect. In signing this Acknowledgment and Certification, the person signing on behalf of the Proposer hereby acknowledges that he/she has read this entire document that he/she understands its terms, and that he/she not only has the authority to sign the document on behalf of the Proposer, but has signed it knowingly and voluntarily.


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PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is entered into the date listed below written between the Des Moines Public Schools (District) and (Provider)

SAMPLE

Name:

Address:

City State Zip:

Phone:

Fax:

Email:

1. SERVICES BY PROVIDER A. Performance of Services: The Provider shall perform the services described in the scope of work

detailed Section Thirteen (13). All services will be rendered to the best of the Providers ability and in a timely and professional manner in compliance with all the terms and conditions established by the District.

B. Modification: The District may make changes to the services that were described in Section Thirteen (13). In the event of a modification to the original document, the District shall notify the Provider by written notice. If any modification results in an increase or a reduction of the work described in this section, then the compensation hereunder shall be modified, if mutually accepted by both parties.

2. PAYMENT

A. Payment Terms: The District shall pay the Provider as detailed in the Scope of Work stated below:

Provider shall submit a request for payment upon completion of the project, including an invoice which details work completed and reimbursable costs for any applicable travel and lodging. The remaining amount will be due upon receipt of Provider’s final invoice to the District when the day(s) are completed. The Provider will include itemized support of costs incurred for travel and lodging with final invoice. The District will process the request for payment and request approval at the first regularly scheduled Board of Education meeting. The District intends to use a procurement / virtual credit card, or may make payments by electronic funds transfer and recommends that Contractors accept one of these forms of payment.

Des Moines Public Schools Purchasing Department 515-242-7649


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3. DISCRIMINATION AND COMPLIANCE WITH LAWS

A. Compliance: The Provider shall be familiar and comply with all local, state, and federal directives, ordinances, rules, orders, and laws as applicable to, and affected by, this contract. It is the policy of the Des Moines Community School District not to illegally discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you believe you have been discriminated against or treated unjustly, please contact the Equity Coordinator, Isaiah McGee at 2323 Grand Avenue, Des Moines, IA 50312, 515-242-7662 [email protected] Section 504 34 CFR 104.8, Title IX 34 CFR 106.9, OCR Guidelines IV.O and V.C

B. Violation: Violation of this Section 3 shall be a material breach of this Agreement and grounds for cancellation, termination or suspension of the Agreement by the District, in whole or in part, and may result in ineligibility for further work for the District.

4. TERM AND TERMINATION OF AGREEMENT

A. Term: The term of the contract will commence on the Effective Date as set by the District. The

Provider shall not start the performance of any work prior to the Effective Date of the contract and District shall not be liable to pay the Provider for any service or work performed or expenses incurred before the Effective Date of the contract. The District intends the contract will be with the Provider for one valuation period, with the option for both parties to extend two additional valuation periods exactly two and four years from the initial valuation period, if mutually agreed by both parties.

B. Termination: In order to protect the vested interests of the taxpayers of the Des Moines Public

School District, and to ensure the efficient utilization of their tax dollars, Provider shall comply with all contractual obligations contained herein, with respect to these obligations, the District will report any non-compliance issues in writing, to the Provider for corrective action. Continued non-compliance by the Provider shall be the District's justification for placing the Bidder's contract on probation status or termination.

C. Debarment: The District is prohibited from entering into a contract where an organization or, its

principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal, State or Local department or agency.

D. All other terms and conditions as listed @ http://www.dmschools.org/wp-

content/uploads/2015/08/General-Terms-n-Conditions-New.pdf





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5. DISCLOSURE & OWNERSHIP OF WORK A. Non-Disclosure Agreement: The provider agrees to all terms and conditions as specified in their

executed Non-Disclosure Agreement, and is subject to Iowa code chapter 22 regarding public open records. If necessary for the service provided.

B. Information: All data, materials, reports, memoranda and other documents developed under this

Agreement whether finished or not shall become the property of the District, shall be forwarded to the District at its request and may be used by the District as it sees fit. The District agrees that if it uses products prepared by the Provider for purposes other than those intended in this Agreement, it does so at its sole risk and it aggress to hold the Provider harmless.

6. ADMINISTRATION

A. The Chief Financial Officer of the District, Thomas Harper, or his designee shall be the District’s representative, and shall oversee and approve all services to be performed, coordinate all communications, and review and approve all invoices under this agreement.

7. INDEMIFICATION

A. General: The Provider will indemnify, defend, and hold the District, ( its elected officials, officers,

employees, assigns, insurers, independent providers, and agents) harmless from all claims, damages, losses, and expenses arising out of or resulting from any claim, action or other proceeding that is based upon (a) The Providers breach of any obligation, representation, or warranty under the Agreement, (b) The Providers outside business activities, (c) The infringement or misappropriation by the Provider of any foreign or domestic patent, copyright, trade secret, or other proprietary.

B. Negligent Acts or Omissions: The Provider will indemnify, defend, and hold the District, (its elected officials, officers, employees, assigns, insurers, independent providers, and agents) harmless from all claims, damages, losses, and expenses arising out of or resulting from any claim, action or other proceeding that is based upon the Providers negligent acts or omissions.

8. INSURANCE: RISK OF LOSS

A. Insurance: The Provider shall maintain insurance that is sufficient to protect its’ business against

all applicable risks and provide the District with certificate of insurance and other supporting materials as the District reasonably may request to evidence the Provider’s continuing compliance with this section.

B. Damages: The Provider will be liable for all loss or damage, other than ordinary wear and tear, to the District’s property in the Provider’s possession or control. In the event of any such loss or damage, the Provider will pay the District the full current replacement cost of such equipment or property within (30) days after its loss or damage.


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9. INDEPENDENT PROVIDER A. Employees: All employees of the Provider shall be considered to be, at all times, employees of the

Provider under its sole direction and not an employee or agent of the District. The Provider shall supply competent and physically capable employees in a number that is consistent with the requirements detailed in the scope of work. Where required, employees shall be licensed and accredited. The Provider shall certify that all employees employed in support of this contract who have direct contact with students, which is defined to mean being in the presence of students during regular school hours or during school-sponsored activities, have not been convicted of (i) a felony; (ii) any offense involving the sexual molestation, physical or sexual abuse or rape of a child; or (iii) a crime of moral turpitude. The Provider must complete and submit an executed Offender’s Acknowledgement Form. The Provider will be responsible for the cost of all the equipment, accessories, labor, and materials in order to the work as detailed in the Scope of Services.

B. Removal of Employees: The District may require the Provider to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on District property is not in the best interest of the District.

C. Controlled Substances: In accordance with the District's policy regarding the use of tobacco and alcohol products and/or illegal drugs, no employee of the Provider shall be permitted to use these substances when performing work on District property.

10. CONTRACT ASSIGNMENT

Neither the District nor the Provider shall assign, transfer, or encumber any rights, duties or interests accruing from this Agreement without the express prior written consent of the other.

11. FUTURE SUPPORT

The District makes no commitment and assumes no obligations for the support of the Providers activities except as set forth in this Agreement.

12. GENERAL PROVISIONS

A. Governing Laws: The terms and conditions of this Agreement shall be construed in accordance

with the laws of Iowa. Wherever differences exist between Federal and State statutes or regulations affecting this Agreement, interpretation shall be in the direction of that which is most beneficial to the interests of the District.

B. Severability: If any provision of the Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The District and the Provider agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.

C. Non Waiver: Any failure by the District to enforce strict performance of any provision of the Agreement will not constitute a waiver of the District’s right to subsequently enforce such provision or any other provision of the Agreement.


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12. GENERAL PROVISIONS

D. District Marks: The Provider will not use any trade name, trademark, service mark, or logo of the District in any advertising, promotions, or otherwise, without the Districts express prior written consent.

E. No Assignments: Neither the Agreement nor any rights of obligations of the Provider arising under the Agreement may be assigned without the Districts prior written consent.

F. Notices: All notices and other communications under the Agreement must be in writing, and must be given by registered or certified mail, postage prepaid, or delivered by hand to the party to whom the communication is to be given, at its address set below.

G. Legal Fees: In any lawsuit between the parties with respect to the matters covered by the Agreement, the prevailing party will be entitled to receive its reasonable attorney’s fees and costs incurred in the lawsuit, in addition to any relief may be awarded.

H. Counterparts: The Agreement may be signed in counterparts, each of which shall be deemed an original, and all of which, taken together shall be deemed to be the same document

13. SCOPE OF WORK

Per previous discussions, the Provider and the District agree on the following terms for the Provider to deliver. As described in the Request for Interest.

14. EXTENT OF AGREEMENT / MODIFICATION This Agreement, together with other written addenda, represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended, modified or added to only by written instrument properly signed by both parties. PROVIDER DISTRICT By: _________________________________ By: Printed Name: _______________________ Printed Name: ________________________ Title: ________________________________ Title: ________________________________ Date Signed: __________________________ Date Signed: __________________________ Address: _____________________________ Address: _____________________________ City: _____________________State: ______ City: _____________________State: ______ Zip: ______________ Zip: ______________

des moines public schools request for interest rfi7499€¦ · respondents are asked to submit...

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