executive recruitment for superintendent search consultant...

LPS Executive Recruitment for Superintendent Search Consultant Services RFP

6/12/2014

RFP #14-05

LEXINGTON PUBLIC SCHOOLS 146 Maple Street

Lexington, Massachusetts 02420

EXECUTIVE RECRUITMENT FOR SUPERINTENDENT SEARCH CONSULTANT SERVICES

REQUEST FOR PROPOSALS

Item Date Time Location

Notice 6/12/2014 &

6/19/2014

Lexington Minuteman Newspaper

http://lps.lexingtonma.org (under Quick

Links: LPS Procurement/Purchasing)

Goods and Services Bulletin

Direct Mailing to Known Providers

Release of Proposal 6/12/2014 11:00 a.m. Business Office/146 Maple Street

Lexington, MA 02420 or posted on

http://lps.lexingtonma.org (under Quick

Links: LPS Procurement/Purchasing)

Questions Due 7/7/2014 By 4:00 p.m. Email at [email protected]

Amendments Due 7/8/2014 By 4:00 p.m. Posted on: http://lps.lexingtonma.org

(under Quick Links: LPS

Procurement/Purchasing)

Submittal Date 7/11/2014 11:00 a.m. Lexington Public Schools

Business Office/146 Maple Street,

Lexington, MA 02420

Vendor

Presentations

Week of July 21-25, 2014

TBD

In Person or Virtual Alternative

Award Date August 1, 2014

Term August 1, 2014 – July 31, 2015

All proposals should be sent to:

LEXINGTON PUBLIC SCHOOLS Attn: Mary Ellen Dunn,

Assistant Superintendent for Finance and Business Operations Chief Procurement Officer – School Department

146 Maple Street Lexington, MA 02420


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NAME OF VENDOR:

LEXINGTON PUBLIC SCHOOLS RFP #14-05

Request for Proposals for: Executive Recruitment for Superintendent Search Consultant Services for Lexington Public Schools

Submission Deadline: July 11, 2014 at 11:00 a.m.

LEXINGTON PUBLIC SCHOOLS Attn: Mary Ellen Dunn,

Assistant Superintendent for Finance and Business Operations Chief Procurement Officer – School Department

146 Maple Street Lexington, MA 02420


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TABLE OF CONTENTS

I. General Information and Proposal Submission Requirements .................................................................... 4

II. Scope of Services ........................................................................................................................................ 7

III. Minimum Quality Requirements ............................................................................................................11

V. References ...............................................................................................................................................18

VI. Rule for Award ........................................................................................................................................18

VII. Insurance Requirements ........................................................................................................................18

VIII. Equal Opportunity Compliance ...............................................................................................................20

IX. Additional Terms and Conditions ..........................................................................................................20

General Conditions .............................................................................................................................................21

Term ....................................................................................................................................................................22

Cover Sheet .........................................................................................................................................................25

Price Proposal .....................................................................................................................................................26

Certificate of Non-Collusion ...............................................................................................................................28

Certificate Of Authority .....................................................................................................................................29

Disclosure Of Lobbying Activities Form ............................................................................................................30

Certification Regarding Debarment, Suspension, Ineligibility & Voluntary Exclusion ....................................31

Corporate/Partnership Form ..............................................................................................................................32

Purchase Agreement ...........................................................................................................................................33


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I. General Information and Proposal Submission Requirements

This request for proposals is issued in accordance with the provisions of M.G.L. Chapter 30B.

1. Proposal Submission

A. Sealed Proposals (official response) officially submitted are due at Lexington Public Schools , School Administration Building, 146 Maple Street, Lexington, MA 02420 by July 11, 2014 at 11:00 a.m.

B. If, at the time of the scheduled proposal submission deadline, Lexington

Public Schools Public Schools is closed due to uncontrolled events such as fire, snow, ice, or building evacuation, the proposal deadline will be postponed until 11:00 a.m. on the next normal business day. Proposals will be accepted until that date and time.

C. Each Proposer must submit One (1) Original and Six(6) copies of their Non-Price

Proposal.

D. Each Non-Price proposal must be clearly marked on the outside of the envelope “Non-Price Proposal RFP #14-5 LPS Executive Recruitment for Superintendent Search Consultant Services for Lexington Public Schools.”

E. Each Proposer must submit One (1) Original and Six (6) copies of their Price

Proposal.

F. Price proposals must be submitted in a separate sealed envelope, clearly marked, “Price Proposal, RFP #14-5 LPS Executive Recruitment for Superintendent Search Consultant Services for Lexington Public Schools.”

G. All Proposers must comply with the provisions in Chapter 30B of the

Massachusetts General Laws. The Awarding Authority reserves the right to cancel this Proposal, or reject in whole or in part any and all Proposals, or waive any informality if it serves in the Awarding Authority’s best interest to do so.

H. Proposal documents, specifications and related information, are available to all

Proposers at LEXINGTON PUBLIC SCHOOLS Central Administration Building, 146 Maple Street (Note: Access is via 328 Lowell Street) in Lexington during normal business hours, 8:30 AM to 4:00 PM Monday through Friday, legal holidays excepted or online at http://lps.lexingtonma.org (under Quick Links: LPS Procurement/Purchasing).

I. It is in the interest of LEXINGTON PUBLIC SCHOOLS to award a contract to the

responsive and responsible Proposer offering the most advantageous Proposal taking into consideration price and the evaluation criteria set forth in the Request for Proposal. Lexington Public Schools may or may not require vendors to provide a demonstration of their product.


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J. The submission of a proposal will be construed to mean that the Proposer is fully informed as to the extent and character of the supplies, materials, or equipment required and a representation that the Proposer can furnish the supplies, materials, or equipment satisfactorily in complete compliance with the specifications.

2. Required Submittals

Please use this checklist to ensure you have included all required submittals with your

proposal. Proposal Forms to sign and/or submit with RFP submission are: a. Cover Sheet b. Price Proposal c. Representative Client List d. Certificate Regarding Debarment, Suspension, Ineligibility & Voluntary Exclusion

Disclosure of Lobbying Activities Form e. Certificate of Non-Collusion f. Certificate of Authority g. Corporate/Partnership Form h. Purchase Agreement i. W-9

3. Questions Concerning Request for Proposals

Questions must be emailed to Debbie Harvey at [email protected] by 4:00 p.m. on July 7, 2014. No questions will be answered by phone or fax. No requests or questions will be accepted after 4:00 p.m. on July 7, 2014. All questions, answers and any addendums will be emailed to Proposers and posted on http://lps.lexingtonma.org under “Quick Links”, LPS Procurement and Purchasing Information.

However, prior to the proposal opening Proposers may correct, modify, or withdraw proposals by email request to [email protected].

A signed letter by the Proposer must be attached to the email requesting the change or withdrawal of the Proposer and be submitted by the proposal due date and time listed in the RFP.

4. Addenda

All amendments to this RFP will be posted by July 8, 2014 at 4:00 p.m. If any changes are made to this RFP, an addendum will be sent via email to all Proposers on record as being given a copy of the RFP. All addenda must be acknowledged on the bid forms. Failure to do so may result in automatic rejection of bid. All addenda will be posted on the Lexington Public Schools website at http://lps.lexingtonma.org under “Quick Links”, LPS Procurement and Purchasing Information.


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5. Modifications by Proposer

A Proposer may correct, modify, or withdraw a proposal by written notice received by Lexington Public Schools prior to the time and date set for the proposal opening. Contract document may be modified with “Track Changes” to meet vendor and district requirements. If no edits are submitted at the time of deadline, it will be determined that the vendor will sign the attached “Purchase Agreement” if the vendor is awarded the contract. Vendors may not replace the district contract with their own. Edits must be submitted with track changes activated. Proposal modifications must be submitted in a sealed envelope clearly labeled “Modification No. .” Each modification must be numbered in sequence, and must reference the original RFP.

6. Pre-Proposal Conference

There will be no pre-proposal conference for this project.

7. Cancellation of Request for Proposals

Lexington Public Schools may cancel this RFP if Lexington Public Schools determines that cancellation or rejection serves the best interests of the school department.

8. Proposal Pricing

All proposal prices submitted in response to the RFP must remain firm for sixty (60) days following the bid opening.

9. Signatures for Proposal

Proposals must be signed as follows: A. If the Proposer is an individual, by her/him personally; B. If the Proposer is a partnership, by the name of the partnership, followed by

the signature of each general partner;

C. If the Proposer is a corporation, by the authorized officer, whose signature must

be attested to by the Clerk/Secretary of the corporation and the corporate seal affixed.

10. Invoicing

A. No charges for Federal, State, or Municipal sales or excise taxes will be allowed. Lexington Public Schools is exempt from these taxes. The prices proposed shall be net and not include the amount of any such tax. Lexington Public Schools can provide a tax exempt certificate if requested by vendor.


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B. Invoices shall be submitted to the School Department unless otherwise

specified. Payments of such bills shall not preclude the school department from making claims for adjustment on any item found not to have been in accordance with the general conditions or specifications. If cash discounts are included in the proposal price, such discounts must be permissible for 10 days from and including the postmark date of payment. All invoices should be mailed to:

Finance Department Lexington Public Schools 146 Maple Street Lexington, MA 02420

II. Scope of Services

The Lexington Public Schools’ School Committee is seeking a collaborative executive search firm to work with the School Committee and the community in recruiting a new Superintendent of Schools. The contract will begin when approved by the School Committee. The final vote to hire the Superintendent must take place before March 1, 2015. This contract will continue until all negotiations with the successful superintendent candidate are completed and the employment contract is signed.

Scope of Work - Overview

1. Best practices:

a. The Consultant shall work collaboratively to guide actions taken by the School

Committee and its representatives to be professional and to act in the best interests of the Lexington community using standard best practices for hiring our next public school superintendent for grades Pre-K through 12.

2. Candidate Selection Criteria:

a. Assist the School Committee in defining the leadership needs of the district by

soliciting input from the School Committee, parents, staff, administration, Town officials, and the community through focus groups, interviews, and an online survey. Review current position requirements.

b. Review the current job description for the position of Superintendent of Schools, and recommend revisions subject to School Committee approval.

c. Assist the School Committee and the community in defining the leadership

needs of the school system and in establishing selection criteria for a new superintendent.

d. Organize, publicize and facilitate at least four (4) focus groups, preferably eight

(8) to gather input on the type of leadership to be sought from the next Superintendent from all stakeholders in the community, including, but not limited


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to, school department employees, elected and appointed town government officials, parents, students, local business people, non-profit stakeholders, and other interested citizens of Lexington Public Schools. Include an Add Alternate A for each additional focus group over 4.

e. Conduct at least three (3), potentially eight (8), interviews with specifically

identified individuals by the School Committee. Include an Add Alternate B for each additional interview over 3.

f. Conduct an online survey to collect broad community input for those not able to

attend or not invited to a specific focus group.

3. Search Process Management:

a. The Consultant shall work hand-in-hand with the School Committee to ensure that Lexington obtains the best candidate to meet our community and district needs and consensus-formed priorities, both for today and in the future. This is to be a collaborative position.

b. Timeline:

i. Develop the Superintendent search schedule and timeline

ii. Recommend method of advertising including publication, frequency and duration, and coordinate advertising. Advertising costs are not to be included in the proposal price.

iii. Develop application package including requirements, submission and timelines.

4. Communication

a. The Consultant shall keep the School Committee informed about what is occurring at each stage of the Superintendent of Schools search process.

b. The Consultant shall meet with the School Committee several times throughout the

search and provide written and scheduled progress reports. c. The Consultant will coordinate or provide the school district an up-to-date and

maintained website for community information and updates about the search process. Include an Add Alternate C for coordinating or providing our school district with a community information website.

d. Finalize for publication a “leadership profile” based on the synthesis of communicated

skills and experiences generated from focus group and community input. Profile will be communicated to potential candidates.

e. Use of Social Media should be explained by the consultant in terms of how it will be

used during the selection process.


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5. Recruitment Process

Process: a. The Consultant shall ensure that the search process is transparent, thorough, and will

engage as many stakeholders as feasibly possible in order to best represent and engage our diverse professional, parent, and citizen community.

b. Present findings to the School Committee of selection criteria recommendations from

the data gathered. Document Development: c. Assist the School Committee in developing descriptive documents for prospective

applicants, including requirements, submissions, and timelines. Candidate Recruitment (minimum): d. Conduct direct and indirect search recruitment activities via networking and

advertising publications in order to generate a diverse pool of applicants of high quality.

e. Candidates shall represent a diverse pool of applicants who are a good match for the

established leadership needs. f. Determine method of direct recruiting, including professional networks.

Candidate Screening: g. Prescreen and verify submitted application materials for completeness and to ensure

that all candidates meet all requirements prior to advancing in the process.

h. Determine with School Committee the number of initial screening candidates (those invited for interviews with the screening committee) and the number of semi-finalists (those invited for interviews with the full school committee).

i. Search firm will verify credentials and check references of finalists to be

advanced to full committee.

6. Selection Process

Superintendent Search Committee:

a. Assist the School Committee in forming an ad hoc Superintendent Search Committee (SSC) to conduct candidate screenings and first-tier interviews.


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b. Assist the School Committee with the assembly of a Superintendent Search Committee, membership, letter of interest request, membership selection process.

i. Conduct an orientation and interview training of all members (pertinent laws, regulations, and policies).

ii. Assist in recruiting a diverse body of community stakeholders to a

search committee, subject to School Committee approval, to screen resumes and recommend finalists to the School Committee.

c. The successful Proposer will be responsible for all scheduling related to the

work of the Superintendent Search Committee, and will ensure that their work is completed in a timely manner.

d. Manage Superintendent Search Committee. This will include reviewing screened

candidate’s paperwork, developing interview questions, developing a scoring rubric, conducting interviews, and identifying finalists who will be advanced to the full school committee.

Final Candidate Selection Process:

e. Assist the School Committee in the final selection process, including number of candidates and the number of semi-finalists, along with any additional interview committee that may be needed.

f. Consultant to begin finalist interviews no later than January 29, 2015. g. Finalist determined by March 1, 2015 h. Schedule candidate site visits and Lexington community introductions for the finalists i. Manage interviews of finalists with the full School Committee. This will include

reviewing screened candidates’ paperwork, assisting with the development of interview questions, developing a scoring rubric and conducting interviews.

j. Search firm will manage site visits to place of employment of finalists and of

candidates to Lexington Public Schools.

Candidate Negotiations and Employment Offer:

k. Assist the SC in managing the preferred candidate offer, negotiation, and development of employment contract.

l. Provide recommendation for an appropriate compensation and benefit package based

on market study, subject to School Committee approval. m. School Committee will develop and negotiate contract of employment.


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Candidate Retention:

n. After the selected superintendent has the opportunity to become acclimated to his or her new position, the search firm will provide a full day team building workshop (eight hours) with the superintendent, administrative team, and school committee. The goal of this workshop shall be to define roles and build the foundation for an effective approach to school governance in Lexington Public Schools. Include as an Alternate D cost of providing a full day team building workshop.

Consultant Conditions:

o. Travel expenses are not included as a separate allowable expense. Travel is

considered overhead to the consultant. p. Advertising expenses will be funded by the district after School Committee approves

of marketing plan. q. The search will be deemed complete upon a signed contract with a new

Superintendent.

III. Minimum Quality Requirements

1. Proposers shall have successfully completed at least five (5) prior contracts where their firm consulted on a superintendent search process for districts of similar size and scope.

2. The Proposer must be available to execute this contract in time for a final vote to hire

no later than August 1, 2014. 3. The Proposer is available to make a presentation and be interviewed at a scheduled

meeting during the week of July 21-25, 2014.

IV. Evaluation Criteria

All Technical Proposals will be given a cumulative ranking based on individual rankings of the following weighted elements, using a scoring sheet included as Attachment D: Proposer’s Experience, Proposer’s Capacity, Key Personnel, Proposer’s Approach to Ensuring Community Involvement, Proposer’s Implementation Plan and Schedule, Proposer’s Recruitment Materials, Proposer’s Networking Strategies, Proposer’s Executive Search Tailored to District, and References. The Lexington School Committee and/or their designees will invite all Proposers whose Technical Proposals have an overall evaluation rating of “Highly Advantageous” to be interviewed.

1. Proposer’s Experience

• Highly Advantageous: The Proposer has five (5) or more years experience in conducting successful executive searches with public school systems, other educational institutions, and other non-profit organizations, and during the past five (5) years has concluded at least three (3) successful searches for a School Superintendent in Massachusetts, one (1) of which must have been for a district of similar size and demographics as Lexington.


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• Advantageous: The Proposer has at least three (3) years experience in successful executive search and hiring processes and has concluded at least two (2) successful executive searches for Superintendents with Massachusetts public school systems.

• Not Advantageous: The Proposer has fewer than three (3) years experience in successful executive search and hiring processes and has concluded only one (1) successful executive searches for a Superintendent.

• Unacceptable: The Proposer has fewer than three (3) years experience in executive search and hiring processes and has not concluded any successful executive searches for a Superintendent.

2. Proposer’s Relevant Experience:

• Highly Advantageous: The key personnel identified by the Proposer to work with the Lexington Public Schools School Committee has five (5) or more years of consulting experience in conducting superintendent searches.

• Advantageous: The key personnel identified by the Proposer to work with the Lexington Public Schools School Committee has at least three (3) years but less than five years of consulting experience in conducting superintendent searches.

• Not Advantageous: The key personnel identified by the Proposer to work with the Lexington Public Schools School Committee has conducted at least one search but has less than three (3) years of consulting experience in conducting superintendent searches.

• Unacceptable: The key personnel identified by the Proposer to work with the Lexington Public Schools School Committee has no experience in conducting superintendent searches.

3. Proposer’s Capacity

• Highly Advantageous: The Proposer has more than five (5) consultants on staff to

perform Superintendent’s searches.

• Advantageous: The Proposer has more than two (2) consultants on staff to perform executive searches.

• Not Advantageous: The Proposer has two (2) consultants on staff to perform executive searches.

• Unacceptable: The Proposed has only one (1) consultant on staff to perform executive

searches. 4. Proposer’s Demonstrated Success:

• Highly Advantageous: The Proposer’s references demonstrate that five (5) or more superintendents hired as a result of their efforts remained in the hiring district for at least 3 years.


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• Advantageous: The Proposer’s references demonstrate that three (3) or four (4) superintendents hired as a result of their efforts remained in the hiring district for at least three years.

• Not Advantageous: The Proposer’s references demonstrate that one (1) or two (2) of the superintendents hired as a result of their efforts remained in the hiring district for at least three years.

• Unacceptable: The Proposer is unable to demonstrate that any of the superintendents hired as a result of their efforts remained in the hiring district for at least three years.

5. Evaluation of the Proposed Plan:

• Highly Advantageous: The proposal contains a clear and comprehensive plan that addresses all the objectives stated in the Scope of Service and Proposal Submission Requirements.

• Advantageous: The proposal contains a clear plan that addresses most of the project objectives stated in the Scope of Service and Proposal Submission Requirements.

• Not Advantageous: The proposal does not contain a clear plan.

• Unacceptable: The proposal fails to meet the objectives stated in the Scope of Service and Proposal Submission Requirements.

6. Proposer’s Approach to Ensuring Community Involvement

• Highly Advantageous: The Proposal provides more than three (3) project examples where the proposed Lead Consultant for Lexington Public Schools Superintendent Search has organized, trained, and facilitated working groups as part of an executive search process, with one (1) of these examples leading to the hiring of a School Superintendent.

• Advantageous: The Proposal provides three (3) project examples where the Proposer Lead Consultant for Lexington Public Schools Superintendent Search has organized, trained, and facilitated working groups as part of an executive search process, with one (1) of these examples leading to the hiring of a School Superintendent.

• Not Advantageous: The Proposal provides fewer than three (3) project examples where the Proposer Lead Consultant for Lexington Public Schools Superintendent Search has organized, trained, and facilitated working groups as part of an executive search process, with one (1) of these examples leading to the hiring of a School Superintendent.

• Unacceptable: The Proposal provides fewer than three (3) project examples where the proposed Lead Consultant has organized, trained and facilitated working groups as part of an executive search process, none of which has led to the hiring of a School Superintendent.


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7. Proposer’s Implementation Plan and Schedule

• Highly Advantageous: The Proposal includes a detailed description and examples of previously successful recruitment strategies and includes a clearly delineated timeline with specific milestones for Lexington’s Superintendent search.

• Advantageous: The Proposal includes an outline of some candidate recruitment strategies and an implementation plan that includes some milestones for Lexington’s Superintendent search.

• Not Advantageous: The Proposal lacks specific candidate recruitment strategies or specific milestones for Lexington’s Superintendent search.

• Unacceptable: The Proposal does not include any information about a proposed implementation plan and schedule.

8. Proposer’s Recruitment Materials

• Highly Advantageous: The Proposer includes samples of advertisements, brochures and other forms of candidate outreach from at least five (5) different Superintendent searches with the proposal, at least one (1) of which involves a Superintendent search in Massachusetts.

• Advantageous: The Proposer includes samples of advertisements, brochures and other forms of candidate outreach from at least three (3) different executive searches with the proposal, at least one (1) of which involves a Superintendent search.

• Not Advantageous: The Proposer includes three (3) or fewer samples of advertisements, brochures, and other forms of candidate outreach with the proposal, none of which involve a Superintendent search.

• Unacceptable: The Proposer does not include samples of advertisements, brochures or other forms of candidate outreach.

9. Proposer’s Networking Strategies

• Highly Advantageous: The Proposal provides more than three (3) examples of how the Proposer’s established networks of professional education contacts will be used in the search process and recruitment process to attract a broad range of highly qualified candidates, including women and minorities.

• Advantageous: The Proposal provides three (3) examples of how the Proposer’s established networks of professional education contacts will be used in the search process and recruitment process to attract a broad range of highly qualified candidates, including women and minorities.


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• Not Advantageous: The Proposal provides fewer than three (3) examples of how the Proposer’s established networks of professional education contacts will be used in the search process and recruitment process to attract a broad range of highly qualified candidates, including women and minorities.

• Unacceptable: The Proposal does not include specific examples of networks the Proposer will use in the search and recruitment process.

10. Proposer’s Executive Search Tailored to District

• Highly Advantageous: The Proposal provides more than three (3) examples of executive search and recruitment work showing how each planning model specifically met the needs of the particular entity with whom they were working, with at least one (1) of these examples leading to the hiring of a School Superintendent.

• Advantageous: The Proposal provides three (3) examples of executive search and recruitment work showing how each planning model specifically met the needs of the particular entity with whom they were working with at least one (1) of these examples leading to the hiring of a School Superintendent.

• Not Advantageous: The Proposal provides fewer than three (3) examples of executive search and recruitment work showing how each planning model specifically met the needs of the particular entity with whom they were working with at least one (1) of these examples leading to the hiring of a School Superintendent.

• Unacceptable: The Proposal provides no specific examples of executive search and recruitment work related to the hiring of a School Superintendent or educational executive.

References – Executive Search Process and Action Plan 11. Planning Model Specificity:

One member of the Evaluation Committee (or designee) will check five (5) references of all Proposers and will be asking the same questions of each to verify that prior Executive Search Processes and Action Plans showed how each planning model specifically met the needs of the particular entity with whom they were working.

• Highly Advantageous: All five (5) references confirmed that prior executive search processes and action plans met the needs of the entity with whom they were working.

• Advantageous: Four (4) references confirmed that prior executive search processes and action plans met the needs of the entity with whom they were working.

• Not Advantageous: Fewer than four (4) references confirmed that prior executive search processes and action plans met the needs of the entity with whom they were working.

• Unacceptable: The Proposal provides no references confirming that prior executive search processes and action plans met the needs of the entity with whom they were working.


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12. Organizing and Facilitating Projects: One member of the Evaluation Committee (or designee) will check five (5) references of all Proposers and will be asking the same questions of each to determine prior success in organizing and facilitating projects where the proposed Lead Consultant for the Lexington Superintendent Search, organized, trained, facilitated and communicated among members of working groups as part of an executive search process experiencing successful results.

• Highly Advantageous: All five (5) references confirmed that the Lead Consultant was successful in organizing, training, facilitating and communicating among members of working groups as part of an executive search process experiencing successful results.

• Advantageous: Four (4) references confirmed that the Lead Consultant was successful in organizing, training, facilitating and communicating among members of working groups as part of an executive search process experiencing successful results.

• Not Advantageous: Fewer than four (4) references confirmed that the Lead Consultant was successful in organizing, training, facilitating and communicating among members of working groups as part of an executive search process experiencing successful results.

• Unacceptable: The Proposal provides no references confirming that the Lead Consultant was successful in organizing, training, facilitating and communicating among members of working groups as part of an executive search process experiencing successful results.

13. Timeliness:

One member of the Evaluation Committee (or designee) will check five (5) references of all Proposers and will be asking the same questions of each to confirm that all tasks were completed within the time frames required.

• Highly Advantageous: All five (5) references confirmed that all tasks were completed within the time frame required.

• Advantageous: Four (4) references confirmed that all tasks were completed within the time frame required.

• Not Advantageous: Fewer than four (4) references confirmed that all tasks were

completed within the time frame required.

• Unacceptable: The Proposal provided no references confirming that all tasks were completed within the time frame required.

14. Overall Project Satisfaction:

One member of the Evaluation Committee (or designee) will check five (5) references of all Proposers and will be asking the same questions of each to determine overall satisfaction.

• Highly Advantageous: All five (5) references reported overall satisfaction with the work performed by the Proposer.


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• Advantageous: Four (4) references reported overall satisfaction with the work performed by the Proposer.

• Not Advantageous: Fewer than four (4) references reported overall satisfaction with the work performed by the Proposer.

• Unacceptable: The Proposal provides no references reporting overall satisfaction with the work performed by the Proposer.

Evaluation of Presentation 15. The Evaluation Committee will schedule interviews with all Proposers who have an evaluation

rating of Advantageous or higher.

Interviews will be ranked as follows:

• Highly Advantageous: Lead Consultant for this project was present, clearly stated a plan of action, demonstrated excellent communications skills, presented other personnel with experience and skills who will be assigned for the duration of this project and successfully responded to all questions from the Evaluation Committee.

• Advantageous: Lead Consultant for this project was present, outlined a plan of action, demonstrated excellent communication skills, presented other personnel with experience and skills who will be assigned for the duration of this project and successfully responded to most of the questions from the Evaluation Committee.

• Not Advantageous: Lead Consultant for this project was present but did not present a plan of action, or was unable to communicate effectively, or presented other personnel who did not have the experience and skills to work on the project and/or would not be assigned for the duration of this project or did not successfully respond to questions from the Evaluation Committee.

• Unacceptable: Lead Consultant for this project was not present and did not present a plan of action, or was unable to communicate effectively, or presented other personnel who did not have the experience and skills to work on the project and/or would not be assigned for the duration of this project or did not successfully respond to questions from the Evaluation Committee.

16. Presentation:

• Highly Advantageous: The Proposer’s presentation was clear, well organized and demonstrated both effective communication skills and an understanding of the particular needs of the Lexington Public Schools community.

• Advantageous: The Proposer’s presentation was clear, well organized and demonstrated effective and sensitive communication skills.


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• Not Advantageous: The Proposer’s presentation was disorganized or did not demonstrate effective communication skills.

• Unacceptable: The Proposer’s presentation demonstrated a clear lack of communication skills.

Evaluation of Proposals – The Technical Proposals (NON-PRICE) will be opened and evaluated by the Evaluation Committee who will rate the proposals. All proposals ranked Advantageous or higher will be finalists to be interviewed. The interviews will be conducted by the Evaluation Committee. Upon review and approval of Technical evaluations, the Price Proposals will be opened and evaluated by the Chief Procurement Officer.

V. References

Provide contact information from a minimum of five (5) school districts ranging in size from 4500 to 8000 students where the candidate has conducted a superintendent search process. Preferably, two (2) of the five (5) school districts are Massachusetts’ districts. For each district, include a primary contact name, his or her phone number, email and conventional mailing address. For each district also include at least the number of superintendent(s) hired with the assistance of the search firm that remained in the district for at least three years. References should fit the following criteria:

Operating Budget: $75,000,000 to $120,000,000 Student Population: 4500 to 8000 Employees: 800 – 2000 Square Feet of Ten School Buildings (± 10%): 1,021,285 Square Feet

VI. Rule for Award

1. The contract shall be awarded to the responsible and responsive offerer submitting the most advantageous proposal, taking into consideration all evaluation criteria as well as price.

2. The contract will be awarded within thirty (30) days after the bid opening. The time

for award may be extended for up to 30 additional days by mutual agreement between the Town and the apparent lowest responsive and responsible bidder (or, for a contract requiring payment to the Town, the apparent highest responsive and responsible bidder).

VII. Insurance Requirements

The Contractor shall carry and maintain, for the life of this contract, all insurance as specified below, and in such form as covered by this contract from all claims and liability for damages for personal injury, including accidental death, and for property damage which may arise from operations under this contract, whether such operations be by him/herself or by any person or anyone directly or indirectly employed by either of them. The coverage


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shall include the Town of Lexington as an additional insured and amounts of such insurance shall be as follows: A: Workers’ Compensation

Statutory State, Massachusetts Coverage Limit, $100,000 each employee

B. General Liability

1. Limits of Liability Combined Single Limit Bodily Injury and Property Damage of $1,000,000

2. Arrangement of Coverage a. Premises Operations b. Owners and Contractors Protective

c. Broad Form Comprehensive General Liability Endorsement or equivalent to include Broad Form Contractual, Personal Injury, Broad Form Property Damage.

Cross Liability Professional Liability

C. Automobile 1. Limits of Liability Combined Single Limit Bodily Injury and Property Damage of $1,000,000 2. Arrangement of Coverage a. Employer non-owned b. Hired Car c. All Owned or Leased Vehicles

Said policies shall be so written that the Town of Lexington will be notified of cancellation at least thirty (30) days prior to the effective date of such cancellation. Certificates in duplicate from the insurance carrier stating the limits of liability and expiration date shall be filed with the Town of Lexington before operations are begun. Such certificates shall contain a statement referring specifically to this contract to the effect that all insurance coverage herein required has been provided. Certificates shall be filed before the award can be made. Signatures on all certificates and insurance forms must be original signatures. Insurance under which the Town shall be named as in “Insured” or as “Additional Interest” shall be carried with an insurance company licensed to write such insurance in the Commonwealth of Massachusetts. The Contractor shall indemnify and save harmless the Town, and all of its officers, agents, and employees from all suits, actions or claims of any character.

Insurance Certificates and Forms Must provide the Town of Lexington with a copy of Insurance certificates documenting amounts of coverages for: � Public Liability and Property Damage Liability Insurance,

� Comprehensive Vehicle Liability and Property Damage Insurance; and


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� Statutory Workman’s Compensation Insurance.

� Evidence of existing workers’ compensation insurance policy must be provided in accordance with MGL Ch. 152, Section 25C and attached.

� Insurance Requirements are attached below. � Copy of W9 is required and must be attached. � Non-collusion and fraud certification are required, must be signed, and attached.

VIII. Equal Opportunity Compliance

The Vendor shall carry out the obligations of this Contract in compliance with all of the requirements imposed by or pursuant to Federal, State, and local ordinances, statutes, rules, and regulations prohibiting discrimination in employment, including, but not limited to, Title VII of the Civil Rights Act of 1964; the Age Discrimination in Employment Act of 1967; Section 504 of the Rehabilitation Act of 1973, and M.G.L. c. 151B, Massachusetts Executive Order 74, as amended by Executive Orders 116, 143, and 227, and any other executive orders, rules, regulations, and requirements relating thereto enacted by the Commonwealth of Massachusetts as they may from time to time be amended. The Vendor shall not discriminate against any qualified employee or applicant for employment because of race, color, national origin, ancestry, age, sex, religion, physical or mental handicap, or sexual orientation.

IX. Additional Terms and Conditions

The terms and conditions of any contract awarded through this procurement are attached hereto and shall be affirmed by the Lexington Public Schools and selected Proposer.

1. The Proposers bid will remain in effect for a period of 90 days from the deadline for submission of proposals or until it is formally withdrawn, a contract executed or this RFP is canceled, whichever occurs first.

2. The term of the contract will be for one year beginning August 1, 2014 through July 31, 2015.

3. The Procurement Officer shall cancel the contract if funds are not appropriated or otherwise made available to support continuation of performance in any fiscal year.

4. A contract (Purchase Agreement) is attached hereto. The bidder must be willing to sign the Lexington Public Schools’ Purchase Agreement if awarded the contract.

5. Rule for Award: Lexington Public Schools will award a contract to the Proposer submitting the most advantageous proposal taking into consideration the proposal’s Evaluation Criteria and composite ratings, references and price.

6. The Contract will be for one year. Rates must remain firm or be reduced

throughout the life of the contract. A Contract will be awarded within 45 days unless award date is extended by consent of all parties concerned.


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7. The contract period shall commence on the date of execution of the contract by Lexington Public Schools and shall be in effect for a period of three years.

General Conditions

Non-Collusion Affidavit, M.G.L., Ch. 30b Any person submitting a proposal for the sale, lease or provision of equipment, supplies or materials of services to any governmental unit as defined in M.G.L., Ch. 30B shall certify that the proposal is made without collusion or fraud with any other person. This certification is to be included with the sealed proposal. Failure to submit such statement will result in the proposal being disqualified. 1. If the Successful Proposer fails to deliver, within the time specified, or fails to make

replacement of rejected articles when so requested, immediately or as requested by the Town of Lexington School Department, the Town or School Department may purchase from other sources to take the place of the items rejected or not delivered. The School Business Administrator reserves the right to authorize immediate purchase from other sources against rejections on any contract when necessary. On all such purchases, the Successful Proposer hereby agrees to reimburse the Town of Lexington promptly for excess costs occasioned by such purchases. Should the cost be less, the Successful Proposer shall have no claim to the difference. Such purchases shall be deducted from the contract quantity.

2. A contract may be canceled at the Successful Proposer’s expense upon non-performance

of the contract.

Tie Proposals Or Proposals

In the case of a tie Proposal, LEXINGTON PUBLIC SCHOOLS reserves the right to take the award based on the factors outlined in this RFP.

Proposal Or Proposal Rejection Or Partial Acceptance

LEXINGTON PUBLIC SCHOOLS reserves the right to reject any or all Proposals. They further reserve the right to waive technicalities and formalities in Proposals as well as to accept in whole or in part such Proposal where they deem it advisable in protection of the best interests of the LEXINGTON PUBLIC SCHOOLS.

Modification, Addenda And Interpretations Any apparent inconsistencies, or any matter seeming to require explanation or interpretation in this RFP, must be inquired into by the Proposer at least 72 hours (excluding weekends and holidays) prior to the time set for the Proposal opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the Contract Documents and shall be acknowledged and dated on the Proposal Form.


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Telegraphic/Electronic Proposal Or Proposal Submittal Telegraphic and/or Proposal offers sent by electronic devices are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow adequate time for delivery of their Proposal either by air freight, postal service, or other means.

Cancellation Either party may cancel the award in the event that a petition either voluntary or involuntary is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors.

Patent Guarantee Proposer shall, with respect to any device or composition of Proposal’s design or Proposal’s standard manufacture, indemnify and hold harmless each LEXINGTON PUBLIC SCHOOL, its employees, officers, and agents, from costs and damage as finally determined by any court of competent jurisdiction for infringement of any United States Letters Patent, by reason of the sale of normal use of such device or composition, provided that Proposer is promptly notified of the all such actual or potential infringement suits, and is given an opportunity to participate in the defense thereof by LEXINGTON PUBLIC SCHOOLS.

Term

The term of the contract is from August 1, 2014 until July 31, 2015.

Termination Of Award For Cause If, through any cause, the successful Proposer shall fail to fulfill in a timely and proper manner its obligations or if the successful vendor shall violate any of the covenants, agreements or stipulations of the award, LEXINGTON PUBLIC SCHOOLS shall thereupon have the right to terminate the award by giving written notice to the successful Proposer of such termination and specifying the effective date of termination. In that event, all finished or unfinished services, reports or other materials prepared by the successful Proposer shall, at the option of the Agency, become its property, and the successful Proposer shall be entitled to receive just, equitable compensation for any satisfactory work completed, prepared documents or materials as furnished. Notwithstanding the above, the successful vendor shall not be relieved of liability to LEXINGTON PUBLIC SCHOOLS for damage sustained by LEXINGTON PUBLIC SCHOOLS by virtue of breach of the award by the successful vendor and LEXINGTON PUBLIC SCHOOLS may withhold any payments to the successful vendor for the purpose of set off until such time as the exact amount of damages due LEXINGTON PUBLIC SCHOOLS from the successful vendor is determined.

Termination Of Award For Convenience LEXINGTON PUBLIC SCHOOLS may terminate the award at any time by giving written notice to the successful vendor of such termination and specifying the effective date thereof, at least thirty (30) working days before the effective date of such termination. In that event, all


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finished or unfinished services, reports, material(s) prepared or furnished by the successful Proposer under the award shall at the option of each LEXINGTON PUBLIC SCHOOL become its property. If the award is terminated by LEXINGTON PUBLIC SCHOOLS as provided herein, the successful vendor will be paid an amount which bears the same ration to the total compensation as the services actually performed or material furnished bear to the total services/materials the successful Proposer covered by the award, less payments of compensation previously made. If the award is terminated due to the fault of the successful Proposer, termination of award for cause, relative to termination shall apply.

Taxes LEXINGTON PUBLIC SCHOOLS are exempt from Town, County, State and Federal/Excise Taxes. Certificates will be issued upon request. Any appropriate taxes shall be shown as a separate item on your Proposal or Proposal. Proposer shall obtain all appropriate tax exemption certificates from LEXINGTON PUBLIC SCHOOLS. All tax laws must be followed for the sale and purchase of photographs to taxable entities and the contractor is required to collect and make payment for those liabilities.

Payment Of Taxes To The Commonwealth Of Massachusetts Pursuant To M.G.L., Ch. 62c, §49a No contract may be entered into with any party that has not filed and paid all taxes required under law. This certification is to be included with the sealed proposal. Failure to submit a statement of compliance with the statute will result in the proposal being disqualified.

Competitiveness And Integrity The collective LEXINGTON PUBLIC SCHOOLS have assigned control of this acquisition process to LEXINGTON PUBLIC SCHOOLS’ Business Office identified in the Proposal or Proposal Notice of this document, to prevent biased evaluations and to preserve the competitiveness and integrity of such acquisition efforts. Proposers are to direct all communications regarding this Proposal or Proposal to LEXINGTON PUBLIC SCHOOLS Business Office, unless otherwise specifically noted. Attempts by offering firms to circumvent this requirement will be viewed negatively and may result in rejection of the offer of the firm found to be in non-compliance. LEXINGTON PUBLIC SCHOOLS’ Business Office may refer communications to other participating LEXINGTON PUBLIC SCHOOLS for clarification.

Fob Point The FOB point shall in all cases be the destination. If freight is charged to any of the LEXINGTON PUBLIC SCHOOLS, the vendor will prepay and add.

Minority Business Enterprise Plan Notice is hereby given that the Town M.B.E. Plan dated December 1, 1984 and the

Supplemental Equal Employment Opportunity Anti-Discrimination and Affirmative Action Program are applicable to all Town contracts for goods and services in excess of $4,000.


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Right To Know Legislation, M.G.L., Ch. 111f And 454 Cmr 21.06 All vendors furnishing substances or mixtures which may be classified as toxic or hazardous, pursuant to M.G.L., Ch. 111f, are cautioned to obtain and read the Law and the Regulations referred to above. Copies may be obtained from the State House Bookstore, State House, Room 117, Boston, MA 02133 for a fee.

Invoices

Individual purchase orders will be assigned to the successful Bidder(s) from the participating

LEXINGTON PUBLIC SCHOOLS in this Bid or Proposal and each is to be invoiced

separately. All invoices submitted must show the respective LEXINGTON PUBLIC

SCHOOLS’ purchase order number.

Payments

Payments will be made for all goods/services delivered within 60 days of receipt and

acceptance of delivery.

Delivery The delivery time, as stated in the Proposal or Proposal Form, shall be the time required to deliver the complete item after the receipt of the order or award of the Contract. The right is reserved to reject any Proposal or Proposal in which the delivery time indicated is considered sufficient to delay the operational needs for which the commodity/ service is intended.

For the term of this proposal DELIVERY is described to include unloading and movement of the furniture and/or boxes into the school building for all LEXINGTON PUBLIC SCHOOLS members. In some cases on small shipments, a building custodian may be available to help unload. However, under no circumstances shall a vendor assume LEXINGTON PUBLIC SCHOOL employees will be available for unloading. The vendor is responsible for coordination of delivery labor personnel with the trucking company.

Debarment or Suspension The CONTRACTOR certifies that it has not been debarred or suspended under M.G.L. c. 29, Section 29F, nor will the CONTRACTOR contract for supplies from a debarred or suspended subcontractor on any public contract.


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Vendor Name:

Cover Sheet

This Cover Sheet must be submitted as the cover sheet to the completed LEXINGTON PUBLIC SCHOOLS Superintendent Search Firm RFP to be valid.

Town of Lexington LEXINGTON PUBLIC SCHOOLS

SUPERINTENDENT SEARCH FIRM RFP

Instructions to Bidders

By submitting this bid the undersigned represents to the Town that it has examined and understands the Request for Proposals, contract forms, and all other documents in this proposal package. By submitting this proposal, the undersigned agrees that it shall be subject to the jurisdiction of the courts of the Commonwealth of Massachusetts with respect to any actions arising out of or related to this bid or any contract that may be entered into based upon this bid, and that any such actions commenced by the undersigned shall be commenced in the courts of the Commonwealth of Massachusetts. A bidder wishing to amend this proposal after transmittal to the Town may do so only by withdrawing this proposal and resubmitting another proposal prior to the due date of proposal submissions. The undersigned proposes to furnish all labor and materials required for the work of the contract referred to above for the prices stated on the attached Price Proposal Form, which prices are incorporated by reference into this proposal form. This undersigned vendor also agrees that, if selected as contractor, it will within five (5) days, Saturdays, Sundays and legal holidays excluded, after receipt of a contract from the Awarding Authority, execute the contract in accordance with the Request for Proposal.

Authorized Signature Date Print Authorized Name Contact Name for Bid Questions: Contact Name Email of Contact Person Company Name Contact Person Phone Number Address State Zip Code


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Price Proposal

Having fully examined, read, and in understanding of the specifications for this work and being familiar with all of the conditions surrounding the requested work, including any addenda for which receipt of is acknowledged below, the undersigned proposes to provide superintendent search services for Lexington Public Schools, for the lump sum price stated below. This lump sum price shall be inclusive of all costs, including travel, to be paid the successful Proposer, but shall not include any advertising costs that may be recommended in the proposal.

PROPOSAL PRICE: $

PRICE WRITTEN IN WORDS

A. Alternate A (Pg. 7): Price of Additional Focus Group Over 4: $

Organize, publicize and facilitate at least four (4) focus groups, preferably eight (8) to gather input on the type of

leadership to be sought in the next Superintendent from all stakeholders in the community, including, but not limited to

school department employees, elected and appointed town government officials, parents, students, local business people,

non-profit stakeholders, and other interested citizens of Lexington Public Schools. Include an “Add Alternate” for each

additional focus group over 4.

B. Alternate B (Pg. 7): Price of each additional interviews over 3: $

Conduct at least three (3), potentially eight (8), interviews with specifically identified individuals by the School

Committee. Include an {Add Alternate} for each additional focus group over 3.

C. Alternate C (Pg. 8): Price of coordinating or providing the school district an up-to-date and maintained website for

community information and updates about the search process. $

D. Alternate D (Pg. 10): Candidate Retention: Price of providing a full day team building workshop (8 hours) with the

new superintendent, administrative team and school committee. $

After the selected superintendent has the opportunity to become acclimated to his or her new position, the search firm will provide a full day team building workshop (eight hours) with the superintendent, administrative team, and school committee. The goal of this workshop shall be to define roles and build the foundation for an effective approach to school governance in Lexington Public Schools

E. Alternate E: Price of reopening the search for a Superintendent: If, after due consideration, the School Committee determines that it does not wish to appoint any of the candidates who have applied for the position, the Consultant must be willing to provide any assistance and aforementioned services with conducting a reopened search for Superintendent or Interim Superintendent.

Signature of Individual submitting proposal: Name of business: Address: Telephone Number: Email:

THIS PAGE SHOULD BE PLACED IN A SEPARATE ENVELOPE CONTAINING ONE (1) ORIGINALAND SIX (6) COPIES OF THE PRICE PROPOSAL AND MARKED “LPS PRICE PROPOSAL FOR LPS EXECUTIVE RECRUITMENT FOR SUPERINTENDENT SEARCH CONSULTANT SERVICES.”


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Representative Client List Please provide contact information from a minimum of five school districts ranging in size from 4500 to 8000 students where the candidate has conducted a superintendent search process. Contact Name

School District

Street

City, State & Zip Code

Telephone Number

Email Address


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Lexington Public Schools

Certificate of Non-Collusion

M.G.L. Ch. 30B, s10, BID PROPOSALS: Certificate of Non-Collusion - MANDATORY. The undersigned certifies, under the penalties of perjury, that this bid has been made and submitted in good faith and without collusion or fraud with any other person. As used in this section, the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club or other organization, entity or group of individuals. Company or Corporation: Dated:

Authorized Official's Signature

ATTESTATION STATEMENT: State Taxes Paid MANDATORY

Pursuant to M.G.L. Ch. 62c 49a, I certify under the penalties of perjury that I, to my best knowledge and belief, have filed all state tax returns and paid all state taxes required under law. State tax paid to using Federal ID or SS# Company or Corporation Dated: Authorized Official's Signature


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Certificate Of Authority

At a duly authorized meeting of the Board of Directors of (name of corporation) held on* _______________ at which all the Directors were present or waived notice, it was voted that , ________________________ of this (date) (name) (office) corporation, be it he or she, hereby is authorized to execute bid documents, contracts and bonds in the name and on behalf of said corporation, and affix its Corporate Seal thereto, and such execution of any bid document or contract or obligation in this corporation’s name on its behalf under seal of the corporation, shall be valid and biding upon this corporation. ATTEST: (clerk or secretary) Place of Business: I certify that I am the clerk/secretary of the ____________________________________ (name of Corporation) and that _______________________________ is the duly elected __________________ (name) (office) and that the above vote has not been amended or rescinded and remains in full force and effect as of the date set forth below. ATTEST: ______________________________ (clerk or secretary) Date:** ___________________________________ * This date must be on or before the date of the Contract ** This date must be on or before the date of the Contract


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Disclosure Of Lobbying Activities Form


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Certification Regarding Debarment, Suspension, Ineligibility & Voluntary Exclusion

Certification Regarding Debarment, Suspension, Ineligibility and

Voluntary Exclusion -- Lower Tier Covered Transactions

This certification is required by the Department of Education regulations implementing Executive Order 12549, Debarment and Suspension, 34 CFR Part 85, for all lower tier transactions meeting the threshold and tier requirements stated at Section 85.110. Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," " person," "primary covered transaction," " principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting

this proposal that it will include the clause titled ΑCertification Regarding Debarment, Suspension, Ineligibility, and Voluntary

Exclusion-Lower Tier Covered Transactions,≅ without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

Certification (1) The prospective lower tier participant certifies, by submission of this proposal, that 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.

(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall

attach an explanation to this proposal.

NAME OF APPLICANT PR/AWARD NUMBER AND/OR PROJECT NAME

PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

SIGNATURE DATE

ED 80-0014, 9/90 (Replaces GCS-009 (REV.12/88), which is obsolete)


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Corporate/Partnership Form NOTE: If the bidder is a corporation, indicate state of incorporation; if a partnership, give full names and addresses of all partners; and if an individual, give residential address if different from business address. Use the following spaces: If a Corporation: Incorporated in what state: __________________________________ President: _______________________________________________ Treasurer: _______________________________________________ Secretary: _______________________________________________ If a foreign corporation (incorporated or organized under laws other than laws of the Commonwealth of Massachusetts), is the corporation registered with the Secretary of State of Massachusetts? Yes __ No __. If the bidder is selected for the work referred to above, it is required under M.G.L. c.30 §39L to furnish to the awarding Town a certificate of the Secretary of State stating that the corporation has complied with M.G.L. c.181 §§3, 5 and the date of such compliance. If a Partnership: (Name all Partners) Name of Partner: Residence: Name of Partner: Residence: If an Individual: Name: Residence: If an Individual doing business under a firm name: Name of Firm: Name of Individual: Business Address: Residence: Other form of business organization:


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TOWN OF LEXINGTON LEXINGTON PUBLIC SCHOOLS

EXECUTIVE RECRUITMENT FOR SUPERINTENDENT SEARCH CONSULTANT SERVICES RFP

Purchase Agreement

THIS AGREEMENT (“Agreement” or “Contract”) is made between The Town of Lexington, a municipality of the Commonwealth of Massachusetts, acting through the Lexington Public Schools, as Lexington “TOWN,” and _“VENDOR” whose address is as “VENDOR”. In consideration of these mutual terms and conditions, the parties covenant and agree as follows: The Vendor will perform all work, provide all services and labor, materials, transportation, supplies, supervision, organization and other items of work and cost necessary for the manufacture, delivery, warranty of those items listed in the Lexington Public Schools Executive Recruitment for Superintendent Search Consultant Services RFP. Definitions/Interpretation For the purposes of this contract and any additional instruments which may become a part of this contract, the terms “contractor,” “seller” and “Vendor” shall be interchangeable. The terms “buyer,” “owner,” “grantee,” “The Town of Lexington” and “the Town” shall be interchangeable. Contracting Officer: The School Department Procurement Officer will enter into and administer this contract and make determinations and findings in regard to the contract on behalf of the School Department. Contractor: The successful bidder to whom a contract is awarded. Authorized Signature: The person who executes this contract on behalf of the Bidder/Contractor and who is authorized to bind the Bidder/Contractor. Supplier: Any manufacturer, individual company or agency providing the Products or units, components or subassemblies for inclusion in the Products. Supplier items shall require qualification by type and acceptance tests in accordance with requirements, if any, defined in bidding documents. Work: Any and all labor, supervision, services, materials machinery, equipment, tools, supplies and facilities called for by the contract and/or necessary to the completion thereof. Defect: Patent or latent malfunction or failure in manufacture or design of any component or subsystem that causes the Products to cease operating or causes it/them to operate in a degraded mode.


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Invitation for Bids: The document provided by the Town stating the purchase description, evaluation criteria and instructions for completing the bid, and including other materials, as referenced, as well as addenda. Notice of Award: The written notice sent by the Town notifying the selected Bidder of the award of contract. Specifications: The written description and statement of necessary requirements of the Products to be provided. Contract Documents This Agreement, Request for Proposal and Contractor’s Proposal, conditions, specifications, addenda and modifications constitute the Contract Documents and are complementary. Specific federal and state laws, the terms of this Agreement and the Contract Documents (other than this Agreement), in that order respectively, supersede other inconsistent provisions. Scope Of Agreement This order is an offer to purchase and is limited to the terms and conditions contained herein. Any terms and conditions contained in quotations or similar forms of Vendor or that may be proposed in any acknowledgement or acceptance which are additional to or different from these terms and conditions are hereby rejected and shall not become part of the purchase agreement without Contracting Officer’s written consent. The Vendor shall not produce any of the goods covered by this purchase order, or procure any of the materials required in their production, or ship any of such goods to the Town, except to the extent authorized in written instructions furnished to the Vendor by the Town or as necessary to meet specific delivery dates provided in this purchase order. The Town shall have no responsibility for goods for which delivery dates or such written instructions have not been provided. Shipments in excess of those authorized may be returned to the Vendor and the Vendor shall pay the Town for all packing, handling, sorting, loading and transportation expenses in connection with such shipments. Acceptance Of Material - No Release Unless the Town otherwise agrees, acceptance of any portion of the Products prior to final acceptance shall not release the Vendor from liability for faulty workmanship, materials, performance or for failure to comply with all of the terms of this Contract. The Town reserves the right and shall be at liberty to inspect all materials and workmanship at any time during the manufacturing process, and shall have the right to reject all materials and workmanship which do not conform with the instructions, contract requirements and specifications; provided, however, The Town is under no duty to make such inspection and no inspection so made shall relieve Vendor from any obligation to furnish materials and workmanship in accordance with the instructions, contract requirements and specifications. Modifications The Town may modify this contract and order changes in the work to be performed under this contract whenever it shall be deemed necessary or advisable to do so. If any such change


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causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under this contract, an equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall be modified in writing accordingly. Term And Termination Term The term of this contract will be for five years beginning August 1, 2014 and ending July 31, 2015. Termination For Convenience The Town may terminate this Contract for convenience and without cause, in whole or in part, at any time by written notice to the Vendor specifying the termination date. The Vendor shall immediately take all practical steps to minimize its costs to terminate the work. The Vendor shall be paid its actual, necessary and verifiable costs to effect termination including contract closeout costs and a reasonable profit on work performed satisfactorily up to the date of termination. The Vendor shall promptly submit to the Town its termination claim supported by detailed documentation of each cost item claimed in a form satisfactory to the Town. Termination For Default If the Vendor does not deliver the Products in accordance with the Contract delivery schedule, or, if the Vendor fails to perform services in the manner called for in the Contract, or if the Vendor fails to comply with any other material provisions of the Contract, the Town, may terminate this Contract in whole or in part, for default if, ten days (or such longer date as the Town may specify in its sole discretion) after the date of the Town’s/School Department’s written notice to the Vendor, the failure of the performance of the Vendor has not been completely cured or the Vendor has not made reasonable progress, as determined by the Town in its sole discretion, to cure the failure. Termination shall be effected by serving a notice of termination on the Vendor’s representative or agent in the Commonwealth of Massachusetts or shall be deemed served three (3) days after mailing said notice to the Vendor’s address by registered mail. Such notice shall set forth the manner in which the Vendor is in default. The Vendor will only be paid the contract price for the Products upon delivery and acceptance, or service satisfactorily performed in accordance with the manner of performance set forth in the Contract; and any other costs shall be borne by the Vendor. The Vendor shall assume and bear all termination and Contract closeout costs, including those of subcontractors, suppliers and vendors. In the event of a default termination, the Town shall be entitled to withhold any payments then

due or to become due to the Vendor, reasonable amounts for damages suffered by the Town as

a result of the Vendor’s default and to exercise any other rights or remedies available to the

Town at law.

The Vendor shall also be deemed to be in default upon the occurrence of any one or more of the following events: if Vendor is bankrupt or insolvent; if Vendor makes a general assignment for the benefit of creditors; if a trustee or receiver is appointed for Vendor, or for any of Vendor’s property; if Vendor files a petition to take advantage of any debtor’s act, or to


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reorganize under any bankruptcy chapter or law; if Vendor repeatedly fails to make prompt payments to vendors, suppliers, subcontractors or others for labor, materials, or equipment; if Vendor disregards laws, ordinances, rules, regulations, or orders of any public body having jurisdiction; if the Vendor fails to correct defect(s) noted during acceptance inspection(s) within sixty (60) days of notification of said defect; and if Vendor violates in any substantial way the provisions of the Contract Documents. If it is later determined by the Town that the Vendor was not in default, the Town, after establishing a new delivery schedule, may allow the Vendor to continue work without increase in the contract prices, or treat the termination as a termination for convenience. The termination of the Contract for nonperformance shall in no way relieve the Vendor from any of its covenants, undertakings, duties and obligations under this Contract, nor limit the rights and remedies of the Town hereunder in any manner whatsoever. Delivery Of Goods And Completion Of Services A. Delivery costs are included in the bid pricing. Vendor must not charge additional

shipping charges in the cost of the items listed on the vendor’s bid pricing form.

B. Time of Performance The Vendor must deliver the Products within 40 days of the date of Postmark of the purchase order. Failure to deliver or complete the Products within the time specified in the Contract Documents, unless a written extension of time has been granted by the Town, will likely result in damage to the Town. In that event, the Town specifically reserves the right to claim against and recover from the Vendor damages to the Town, whether direct or indirect, caused by or arising from such unexcused delays. In cases where The Town and the Vendor agree that it would be difficult to document damages due to late delivery or performance, it is further agreed this Contract will use a flat fee of $50 (Fifty Dollars) per day, for each and every day the Products are/is not delivered or performed after the agreed upon delivery/completion date. The Town further reserves the right to claim such damages as they occur during the Contract as charges against the Contract. If the Vendor refuses or fails to pay the charges within thirty (30) days of receipt of a written demand from the Town which sets forth the basis for charge, the Town may withhold said damages from any payments then due, or to become due, to the Vendor.

C. Destination for Delivery The Products shall be delivered to the following destination: The Lexington Public School Listed on the Purchase Order with proper attention to information listed as per the Purchase Order.

D. Transportation All goods shall be properly packed, marked, loaded and shipped as required by this order and the transporting carrier and shipped in a manner which will permit the lowest transportation rates to apply. The Vendor shall reimburse the Town for all expenses incurred due to improper packing, marking, loading or routing.


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E. Risk of Loss

Delivery shall not be complete until goods have been actually delivered to and accepted by the Town, notwithstanding any agreement to pay freight, express, parcel post or other transportation charges. The risk of loss or damage in transit shall be upon the Vendor.

F. Delays The Vendor shall in the event of a delay or threat of delay, due to any cause, in the production or delivery of goods or services hereunder, immediately notify the Town and shall include with such notice all relevant information with respect to such delay or threatened delay. The Vendor shall be liable for any damages resulting from failure to make delivery within the time called for by this order or by any written instructions of the Town, except where: (1) such delay in delivery shall be due to causes beyond the reasonable control of the Vendor; and (2) the Vendor notifies the Town as aforesaid. If the Vendor for any reason cannot comply with the Town’s/School Department’s delivery schedule, the Town, in addition to any other rights or remedies available to it by law or under these terms and conditions, may terminate this purchase order or cancel any shipments thereunder without further liability to the Vendor.

Indemnification And Hold Harmless The Vendor agrees to indemnify, defend and hold harmless the Town and its agents, officers, boards, committees and employees, except for wrongful or negligent acts of the Town for any and all claims, losses, costs, expenses or damages of any kind resulting from or arising out of the performance of this contract by the Vendor, its officers, agents or employees. If any action, claim or demand is made against the Town, other than for a wrongful or negligent act of the Town, the Vendor agrees to assume the expense and shall pay all costs, charges, attorney’s fees, settlements, judgments or other expenses incurred by or obtained against the Town. To the extent that the Vendor’s obligations hereunder require the performance of services by the Vendor or work to be done by the Vendor on the Town’s/School Department’s property or on property under The Town’s/School Department’s control, the Vendor agrees: (a) to accept full responsibility for performing all work in a safe manner so as not to jeopardize the safety of The Town’s/School Department’s personnel, property or members of the general public; and (b) to comply with and enforce all The Town’s/School Department’s safety and fire protection regulations in all applicable state and municipal safety regulations, building codes or ordinances. For work to be performed in certain isolated areas, waivers from specific Town safety and fire protection regulations may be obtained in writing from The School Department’s Contracting Officer. Patents And Royalties The Vendor, without exception, shall indemnify and save harmless, the Town and its employees from liability of any kind, including cost and expenses for or on account of any copyrighted, patented or unpatented invention, process or article manufactured or used in the performance of the contract including its use by the Town. If the Vendor uses any design,


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device or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or cost arising from the use of such design, device or materials in any way involved in the work. Price The Town will pay according to the attached LEXINGTON PUBLIC SCHOOLS Price Proposal Form, (which is the vendor’s bid pricing sheet), the amount agreed upon in the Vendor’s bid, as full compensation for everything furnished and performed under this Contract, subject to allowable additions and deductions as provided. Payment will be made in accordance with the payment instructions listed below. If no price is specified in this order, the goods or services shall be billed at the price last quoted to the Town or at the prevailing market price, whichever is lower. No extra charges of any kind will be allowed unless specifically agreed to in writing by the Town. The price quoted in any proposal submitted shall include all items of labor, material, tools, equipment and other costs necessary to fully complete the manufacture, delivery, assembly, installation, accessories, warranty, training of personnel, service manuals, wiring schematics and drawings, if required, pursuant to the specifications and requirements included in the Request for Proposal. It is the intention of the specifications that the Vendor provide complete components and accessories of the type prescribed, ready for operation by Town personnel. Any items omitted from the specifications which are clearly necessary for the operation of such equipment although not directly specified or called for in these specifications, shall be considered an integral part of the basic specifications of the Products. All parts shall be new. In no case will parts be used, reconditioned or obsolete parts (except for testing). Any one part shall be an exact duplicate in manufacture and design and furnished as specified. Prices quoted are to be firm and final. Payment The Vendor shall be paid, upon the submission of proper invoices or vouchers as follows:

a. All invoices need to be dated, description of items purchased, quantity, price including shipping and handling and total due and should be sent to:

Lexington Public Schools c/o Finance Office 146 Maple Street Lexington, MA 02420

b. All pricing and or discounts should be in accordance with the bid specifications.

Vendors should not accept any orders for materials or services without an authorized purchase order number.


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The Vendor shall provide the Town, simultaneously with and as a condition to each payment if the payments are in installments, all documentation necessary to evidence transfer to The Town of full and unencumbered title to the item for which payment is being made. The Vendor will send its applications for payment to:

Lexington Public Schools Attn: Finance Department 146 Maple Street Lexington, Massachusetts 02420

The granting of any payments by the Town shall not constitute in any sense acceptance of the work or of any portion thereof, and shall in no way lessen the liability of the Vendor to replace work or material which does not conform to the contract documents, though the character of such work or material may not have been apparent or detected at the time such payment was made. Materials, components or workmanship which do not conform to the instructions or their contract requirements and specifications, or are not equal to the samples submitted to and approved by the Town, will be rejected and shall be replaced by the Vendor without delay. Taxes No charge by the Vendor shall be made for federal or state excise taxes. The Town, as a municipal corporation of the Commonwealth of Massachusetts, is exempt from federal and state excise tax and such taxes shall not be included in proposal prices. The Town agrees to furnish Vendor, upon acceptance of articles supplied under this order, with an exemption certificate. The Vendor agrees to pay all sales and use tax for which the Town is not exempt, if any. Insurance Vendor shall effect and maintain insurance at its own cost and expense to protect itself from claims under Workers’ Compensation Acts; from claims for damages because of bodily injury including sickness, disease or death of any of its employees; and for damage or destruction of the Products prior to acceptance by the Town. Equal Employment Opportunity In connection with the execution of this contract, the Vendor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, sexual orientation, national origin, sexual orientation or presence of any sensory, mental or physical handicap as provided by M.G.L. c. 151 B. The Vendor shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment without regard to their race, religion, color, sex, age, sexual orientation, national origin or presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Vendor further agrees to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials.


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Hazardous Materials Any materials required by this order that are deemed hazardous will be packaged, marked and shipped by the Vendor to comply with all present and future federal, state and local regulations and will further comply with any special company requirements. This may be noted on the face of the purchase order. Compliance With Laws The Vendor warrants that all goods supplied hereunder will have been produced in compliance with and the Vendor agrees to be bound by all applicable federal, state and local laws, orders, rules and regulations. Special Tooling If all of the costs of any special tooling used in the performance of this order have been charged to this order or to other orders placed by the Vendor, title to such special tooling shall vest in the Town at the option of the Town. Such tooling is to be used only in performance of this purchase order unless otherwise provided by the Town. Delegation And Assignment Neither party to this contract may delegate the performance of this contract to a third party unless mutually agreed in writing. This contract cannot be assigned without the written consent of the other party. Notices Any notice or other communication required or permitted hereunder shall be in writing and shall be delivered personally, telegraphed, telexed, sent by facsimile transmission or sent by certified, registered or express mail, postage prepaid. Any such notice shall be deemed given when so delivered personally, telegraphed, telexed or sent by facsimile transmission or, if mailed, two days after the date of deposit in the United States mails, as follows: (A) if to the School Department, to: Superintendent of Schools Lexington Public Schools Town of Lexington 146 Maple Street Lexington, MA 02420

(B) if to the Vendor: to:

Limitation Of The Town Of Lexington’s Liability In no event shall he Town be liable for anticipated profits or for incidental or consequential damages. The Town’s liability on any claim of any kind for any loss or damage arising out of


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or connected with or resulting from this agreement or from the performance or breach thereof shall, in no case exceed the price allocable to the goods or services or unit thereof which gives rise to the claim. The Town shall not be liable for penalties of any description. Title And Security Interests If full or partial payment is made to the Vendor prior to the delivery of all goods or the performance of all services hereunder, title to all goods identified to this order at the time of such payment or thereafter shall pass to the Town, and the Vendor shall be deemed a bailee of all goods remaining in its possession, but in no event shall the risk of loss pass to the Town until the goods are delivered to the destination specified herein and accepted. The Vendor agrees to maintain insurance coverage in types and amount satisfactory to the Town for all goods that are or become so identified at any time to this order. Additionally, the Vendor grants to the Town a security interest in all goods that are or may become so identified, which security interest shall be in addition to all other rights of the Town under this order or applicable laws, and the Vendor agrees to execute financing statements or such other documents as the Town may reasonably require to perfect and protect that interest. Merger This Agreement constitutes the entire agreement of the parties. There are no other Agreements, oral or written, which modify or affect this Agreement. This Agreement supersedes any and all provisions on the face and reverse side of any purchase order or any attachment thereto inconsistent with or in addition to the provisions hereof, and this provision constitutes notice by the Town of its objection to any such inconsistent or additional provision. The Agreement may not be amended except in writing signed by both parties to the Agreement. Jurisdiction Laws – Venue This Agreement shall be governed by the laws of the Commonwealth of Massachusetts and any action to enforce the Agreement shall be brought in Middlesex County, Massachusetts. The Vendor agrees that if a lawsuit is instituted by the Town for any default on the part of the Vendor, and the Vendor is adjudged to be in default, the Vendor shall pay to the Town all costs and expenses, expended or incurred by the Town in connection therewith, and reasonable attorney’s fees. Warranty Final payment by the Town shall constitute notification to the Vendor of the commencement of the warranty period. In addition to any implied warranties, the Vendor hereby warrants that the Products shall be fit for the intended use and shall be free from defects in and malfunctions arising from workmanship, material and design and shall conform to the requirements of this contract. Inspection, test, acceptance or use of the goods furnished hereunder shall not affect the Vendor’s obligation under this warranty, and such warranties shall survive inspection, test, acceptance and use. If the Town shall give the Vendor notice of any defect, deficiency or non-conformance within twelve (12) months from the date of final payment by the Town, Vendor shall, at no cost to the Town and within a reasonable time, repair or replace all such


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defective, deficient or non-conforming items. In the event of failure by the Vendor to correct defects in or replace non-conforming goods or services within a reasonable time, The Town may make such corrections or replace such goods and services and charge the Vendor for the cost incurred by The Town thereby. Representations And Certifications Of The Vendor The Vendor hereby represents and certifies under the penalties of perjury:

A. Non-Collusion: The Vendor certifies under penalties of perjury that this proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word “person” shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity or group of individuals.

B. Tax and Contributions Compliance: The Vendor is in full compliance with all laws of

the Commonwealth of Massachusetts relating to taxes and to contributions and payments in lieu of contributions. The Vendor’s social security/tax identification number is .

C. Conflict of Interest: The Vendor certifies that no official or employee of the Town has a financial interest in this bid or in the Contract with the Vendor offers to execute or in the expected profits to arise therefrom, unless there has been compliance with the provisions of M.G.L. c 268A. The vendor certifies that they will require employees to adhere to Conflict of Interest Law as it pertains to public employees and students in this financial arrangement.

D. Licenses and Permits: The Vendor shall obtain all required licenses and permits pertaining to work under this Agreement. The Vendor shall submit copies of such licenses and/or permits upon request.

E. Debarment or Suspension: The Vendor certifies that it has not been debarred or suspended under M.G.L. c. 29, Section 29F, nor will the Vendor contract for supplies from a debarred or suspended subcontractor on any public contract.


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IN WITNESS WHEREOF, This Agreement has been executed in duplicate as of the day and

year written below. Date: _______________________ Approved as to the availability of Executed by: Town of Lexington funds: Mary Ellen Dunn, Assistant Superintendent Mary Ellen Dunn for Finance and Business Chief Procurement Officer Executed by Vendor: ___________________________________ Authorized Vendor Signature Title ____________________________________ Vendor Address City/Town _____ Contact Name Contact Phone # _____ Contact Email Address