DAYTON PUBLIC SCHOOLS Request for Proposal For … · Table 4.1 DPSD IT Profile Number ... Testing...

42
DAYTON PUBLIC SCHOOLS Request for Proposal For Application Development Services DAYTON BOARD OF EDUCATION Purchasing & Contract Administration 115 South Ludlow Street, 5 th Floor Dayton, OH 45402-1812 Electronic Proposals will be accepted until 12:00 p.m. Tuesday, April 17, 2018 . All submissions must be uploaded to the DPSD Bonfire Public Portal at https://dps.bonfirehub.com/opportunites See submission instructions, Exhibit “1” of this document RFP No. 18-874 Date: March 20, 2018

Transcript of DAYTON PUBLIC SCHOOLS Request for Proposal For … · Table 4.1 DPSD IT Profile Number ... Testing...

DAYTON PUBLIC SCHOOLS

Request for Proposal For

Application Development Services

DAYTON BOARD OF EDUCATION Purchasing & Contract Administration

115 South Ludlow Street, 5th Floor Dayton, OH 45402-1812

Electronic Proposals will be accepted until 12:00 p.m. Tuesday, April 17, 2018 . All submissions must be uploaded to the DPSD Bonfire Public Portal at https://dps.bonfirehub.com/opportunites

See submission instructions, Exhibit “1” of this document

RFP No. 18-874

Date: March 20, 2018

2

LEGAL NOTICE

Dayton Public School District (DPSD) intends to enter into a multiyear agreement with a qualified vendor

to deliver App/Dev Services. This initiative is known as the DPSD Application Development Services.

On March 20, 2018, DPSD will post a formal solicitation for RFP 18-874 Application Development

Services for the Dayton Public Schools at website: www.dps.k12.oh.us/community/bid-info.html. All

interested parties, potential Offerors, and those seeking to do business are hereby notified that this

website will be updated periodically to include additional documentation. Interested parties, potential

Offerors, and those seeking to do business should continuously check this website to make sure to

receive any additional information posted regarding this solicitation. Sr. Contract Specialist, Bobby

Smith, is the point of contact and he may be reached via email at [email protected].

A Bidder’s Conference will be held, Tuesday March 27th, 2018 @10:00 a.m., at IUE 2705 Dryden Road

Moraine, OH 45402. Attendance is strongly recommended.

Proposals to provide Application Development Services must be uploaded to Bonfire prior to 12:00pm,

local time on Tuesday April 17, 2018. Submission instructions can be obtained at

https://dps.bonfirehub.com/opportunites.

Firms submitting proposals must be approved by the Human Relations Council of the City of Dayton and

must submit with their proposal evidence of such approval. Additionally, the response must include

documentation of good faith efforts for utilization of local and economic disadvantaged businesses per

the requirements of the DPS Community Inclusion Program.

Based on Ohio Revised Code 5719.042, the Dayton Board of Education requires that all firms submit

with their proposal an affidavit affirming status of delinquency on property taxes.

The Board of Education reserves the right to accept or reject any or all proposals resulting from above.

DAYTON BOARD OF EDUCATION Dr. William E. Harris Jr., President Hiwot Abraha, Treasurer

Publication Date: March 19, 26, 2018

3

TABLE OF CONTENTS

LEGAL NOTICE

SECTIONS:

1.0 PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . 4

2.0 BACKGROUND . . . . . . . . . . . . . . . . . . . . . . . 4

3.0 CURRENT DPSD IT ENVIRONMENT . . . . . . . . . . . . . 4

4.0 SCOPE OF SERVICE . . . . . . . . . . . . . . . . . . . . 5

5.0 INSTRUCTIONS FOR SUBMISSION . . . . . . . . . . . . 13

6.0 SPECIAL PROVISIONS . . . . . . . . . . . . . . . . . . . . 17

7.0 PROPOSAL EVALUATION PROCESS . . . . . . . . . . . . 18

8.0 TERMS AND CONDITIONS . . . . . . . . . . . . . . . . . 20

9.0 TERMINATION CLAUSES . . . . . . . . . . . . . . . . . 23

10.0 COMPLIANCE DOCUMENTS . . . . . . . . . . . . . . . 24

ATTACHMENTS I – VIII . . . . . . . . . . . . . . . . . . . . . . 25 - 31 EXHIBITS IPI – IPV . . . . . . . . . . . . . . . . . . . . . . . . . 32 - 39 SUBMISSION INSTRUCTIONS . . . . . . . . . . . . . . . . . . . 40

4

1.0 PURPOSE The purpose and intent of this Request for Proposal is to solicit Application Development Staffing Services from a qualified Offeror and to establish a three (3) year contract with two optional years of support through negotiations for continuing development and support of specific Application Development Services for the Dayton Public School District, herein referred to as DPSD. 2.0 BACKGROUND The Dayton Public Schools District (DPSD) is a large urban school district with approximately 2,400 employees and 13,000 students. The District operates a total of 32 instructional and 4 administrative facilities. As a result of decentralized management philosophy, the expectation of producing higher levels of services in an environment with decreasing resources, the district foresees the necessity to maximize value. DPSD seeks reliable Application Development Services for the district. The Offeror will be responsible for providing the resources necessary to provide these services at a high quality and efficient manner. 3.0 CURRENT DPSD ENVIRONMENT

Table 4.1 DPSD IT Profile Number

Total number of locations 34

Total number of administrative buildings 4

Total number of instructional buildings 30

Total number of square miles 53

Total number of students 14,000

Total number of employees 2,400

Total number of classrooms 1,024

5

4.0 SCOPE OF SERVICES

Application development, management and integration for internally developed and third party applications.

4.1 Departmental Support

The Offeror shall provide support to the various functional departments within DPSD to maintain/enhance the accessibility of business applications within the DPSD IT architecture.

Departmental Support Requirements

Develop, maintain, and update the custom interfaces to SunGard Business software solutions

Develop/update/maintain user reports and queries

Facilitation of COTS maintenance

Provision of end-user training as required

Testing (e.g. unit/module, integration, system, regression)

Troubleshooting

Table 4.1 Departmental Support Requirements 4.2 Technological Support

The Offeror shall provide support of the various technologies within DPSD to maintain/enhance the accessibility of business applications within the DPSD IT architecture.

Technological Support Requirements

Expert level knowledge:

SQL

CDD

Scripting

AS400

Business Plus Workflow, Customization and Security

Working knowledge:

Cognos

Auto eMail Manager

Qualtrics

GIS Maps

6

4.3 Business Plus

BusinessPLUS is a hosted web-based financial and school administration solution that promotes operational and financial efficiencies by utilizing such technologies as: web architecture, workflows, and integrated reporting. The individual applications supported include: Accounts Receivable and Cash Receipts; Accounts Payable; Bank Management; Budgeting; Fixed Assets; General Ledger; Human Resources, Payroll, Timecard Online, and Employee Online; Purchasing and Receiving; Fiscal and Calendar Year End Processes; BusinessPLUS Security and Workflow; Click, Drag, and Drill (CDD) Reports for custom reports; legal signatures on documents; Report Distribution of Attendance Reports; BusinessPLUS Upgrades.

4.3.1 Accounts Receivable and Cash Receipts

BusinessPLUS accounts receivable and cash receipts application is used to track DPS funds that the school district receives. These receivables and receipts may include: out of district student payments, sporting event receipts, and charitable donations.

Support is required to investigate and correct any issues that arise from the accounts receivable and cash receipts process. This support includes examining database tables using SQL and creating CDD reports to display receivable and receipts information.

4.3.2 Accounts Payable

BusinessPLUS Accounts Payable service tracks DPS accounts payable process. This process includes scanning and processing vendor invoices, tracking approvals, and printing vendor payment checks.

Support is required to assist with data and technical issues arising with the accounts payable process. This support includes: investigation of incorrect data, problems occurring in the approval process, and technical difficulties with the invoice scanning. CDD report have also been written to provide information about the all aspects of the accounts payable process.

4.3.3 Bank Management

BusinessPLUS Bank Management is how DPS processes money that it receives. These payments may include: out of district student payments, sporting event receipts, and charitable donations. This process tracks payments, adds them to the general ledger, and electronically transfers funds to the banks.

Support is required to assist in data issues that occur. This includes examining the general ledger and journal entry database tables using SQL.

7

4.3.4 Budgeting

BusinessPLUS Budgeting service is an important financial task affecting every aspect of DPS school operations. It provides structure and rules describing how the district spends money providing education to its students. Budgeting tracks the financial health of the school district and projects expenditures for future planning.

4.3.5 Fixed Assets

BusinessPLUS Fixed Assets is used to track and report tangible items purchased and owned by DPSt. These assets are included in the Comprehensive Annual Financial Report (CAFR). The Treasurer, Assistant Treasurer, and Budget Director are the main users of this information.

4.3.6 General Ledger

BusinessPLUS General Ledger is an integral part of DPS budget process and many of its functions directly relate and are used in the Budgeting process. The General Ledger tracks all financial transactions taking place during a fiscal year. These transactions along with the starting budget numbers provide a current financial picture of the district.

4.3.7 Human Resources

BusinessPLUS Human Resources is used by DPS to manage all aspects of employee management for the district. This management includes employee status, job definitions, pay rates, and benefits.

Extensive support is required for the Human Resources department by investigating and resolving data issues that arise. A strong understanding of the Human Resources process in fundamental to this support. These investigations include in depth examination of Human Resources database tables using SQL.

4.3.8 Payroll

BusinessPLUS Payroll is used to process salary and benefit payment for all of DPS district employees. Rate changes and status are tracked through this system. Payroll information flows through the general ledger and payroll accumulator database tables.

A wide range of support is required to support the Payroll department. A deep knowledge of payroll processes is required to provide this support.

8

4.3.9 Timecard Online, Employee Online

BusinessPLUS Timecard Online and Employee Online applications provide DPS employees with the ability to view their check stub, W2 and tax information, and leave tracking. Support is required to address issues such as: workflows used to push W2 online tax forms and other data onto the employee online site.

4.3.10 Purchasing and Receiving

BusinessPLUS Purchasing and Receiving applications are used to create purchase orders for acquiring goods and services for DPS and tracking these goods through their delivery. Support is required to the purchasing department to address any issues with the purchase order receiving process.

4.3.11 Fiscal and Calendar Year End Processes BusinessPLUS Fiscal and Calendar Year End rollovers are crucial to the financial operation of DPS. Applications Development will work very closely with the Treasurer’s Department on rollovers to ensure that all of the financial systems and software are functioning correctly and up to date. Numerous reports and processes are used to support DPS fiscal year end. Some of these include:

Developing the Fiscal Year End Checklist document. Verifying that employee pay assignments are rolled over for the new fiscal

year. Maintaining common codes as required. Updating teacher/principal experience years for EMIS reporting. Creating and maintaining existing CDD Reports for financial reporting as

required. Generating many reports to assist the treasurer in the Fiscal Year End

process. Assisting in the annual extraction and uploading of STRS and SERS

information.

Calendar Year End: The Applications Management team plays an important role in assisting the Payroll Department in processing 1099s and W2s. The following is a list of the crucial tasks involved in the calendar year end processes.

Coordinate the updating of the year end updates in preparation of the new tax year.

The rollover of employee accumulator table data for the new calendar year. Worked collaboratively with PowerSchool and the Payroll Department to

establish the formatting of W2s. Assisted the Payroll Department with the printing and folding of W2s. Assist the Accounts Payable Department with the printing of 1099s. Creation of electronic copies of employee data for submission to the

required federal, state, and local agencies. Processing a W2 Summary report for reconciling with the local agencies.

9

4.3.12 Security

Security is an important aspect of DPS BusinessPLUS integration. DPS utilizes to restrict access to certain applications to unauthorized personnel. Security stores and protects sensitive information and appropriate access needs to be managed, security roles maintained, user security roles identified and assurance of completed online training as required as users enter, exit and change within the district. A weekly audit report must be monitored for inactive users. Audits must be ompleted to verify each user has a current access form for access. Create employee online accounts as Human Resources enter new employees.

4.3.13 Workflow

Business Plus Workflows are used by DPS to automate reporting and processes. Maintain workflow models to align with the districts organization chart for workflow approvals. Work closely with the Application Developer to ensure the appropriate associations in BusinessPLUS are synced with lotus applications (will be phased out over 24 months).

4.3.14 Click, Drag and Drill (CDD) Reports

BusinessPLUS Click, Drag, and Drill (CDD) reports allows DPS to create custom reports. CDD reports extend BusinessPLUS capabilities and promote user efficiencies by allowing users run and view data in a convenient format, extract data for further analysis and reporting, or provide extracted data to third party entities. At present, over 400 custom CDD reports have been created and are maintained. Over half of these custom CDD reports were created for the Payroll and Human Resources Departments. Many CDD reports provide crucial financial information used to track financial progress or provide important data extracts to State agencies.

The support required to create and maintaining CDD reports includes a strong understanding of the BusinessPLUS screens and the many underlying database tables that provide data to these screens. Accessing and manipulating this information using SQL and building and modifying reports using Visual Basic Script and the built in CDD designer. CDD support also includes discussing the user’s ideas and wishes and distilling them into a useful report. Investigating and fixing problems that arise with existing reports is crucial aspect of CDD the support requirement. The same may be said for debugging code and re-working report designs.

10

4.3.15 Report Distribution of Attendance Reports

On a biweekly basis, an attendance report must be generated by each DPS time and attendance location. Use of a Help Systems application is necessary to split the report by the time and attendance location and distribute via email to each location.

4.3.16 BusinessPlus Upgrades

Must work closely with the treasurer, financial departments, and PowerSchool to ensure the BusinessPLUS system is maintained and remains current. This requires working with PowerSchool to create a test environment for the update (which would include any modifications that have been deployed in past versions), working with the financial departments within the district, and coordinating the testing of BusinessPLUS related processes to ensure a seamless upgrade.

4.3.17 Graphical Information System (GIS) Support

The contractor shall provide the support identified in Table 4.1, Technical Support Requirements, as well as:

Importing data from the DPSD Student Information System and other systems

containing information relative to demographic data for the Dayton Public Schools

Providing consultation services to effectively use the ESRI ArcGIS v9.1 software.

4.3.18 Education Management Information System (EMIS)/Ohio State Feature Code (OSFC)

Support

The Offeror shall maintain/enhance the accessibility of district data provided to the Ohio Department of Education (ODE) through the Education Management Information System (EMIS). The contractor shall provide programming support (e.g. maintaining Ohio State Feature Code [OSFC] for EMIS and data elements for SunGard. The Offeror shall provide support identified in Table 4.1, as well as:

Maintenance and update of interfaces to SunGard Installation and management of upgrades to OSFC software Provision of analysis of the process to correct data integrity (i.e. edit

check and integrity enhancements)

The Offeror shall establish drive mapping and provide configuration management for the DPSD EMIS Coordinator in gathering and assimilating data from SunGard required by ODE to be reported to EMIS.

11

The Offeror shall work with the EMIS Coordinator to ensure the integrity of the data gathered before, during, and after is converted correctly to Ohio State Feature Code (OSFC) before submission to EMIS.

4.3.18.1 Facilities Support

The Offeror shall provide support identified in Table 4.1, in support and interaction with SunGard eSchoolPLUS as well as:.

Development, maintenance, and update of interfaces to the WAN Maintenance of the Total Maintenance Application (TMA) used to enter

work orders for Operations staff Maintenance of the Facilities Department HVAC IES System

4.3.19 Nutrition Services 4.3.19.1 WINSNAP and Computrition Support

The contractor shall provide support identified in Table 4.4, in utilization and interaction with eSchoolPLUS.

4.3.20 School Bus Routing and Tracking Software

The Offeror shall provide technical support to maintain/enhance data interaction between the VersaTrans bus routing system and SunGard eSchoolPLUS. The Offeror shall facilitate the upload and download of student geographic data used in the routing of school buses and also provide hardware, software, and connectivity technical support as required by Transportation to operate the VersaTrans system.

The Offeror shall provide the technical support for the GPS tracking software Synovia.

The Offeror shall provide support in assisting the Transportation Director in the design of reports from the VersaTrans and Synovia products.

4.3.21 School Interoperability Framework (SIF)

The Offeror shall provide support for the School Interoperability Framework (SIF), a protocol that allows education-related databases to communicate with each other. For example, SIF is used so that the Student Information System (eSchoolPLUS) can communicate with the VersaTrans system.

12

4.3.22 Treasurer/CFO FTE Support

The Offeror shall provide support to the Treasurer’s Office including working knowledge and experience with the SunGard BusinessPLUS module.

4.3.23 PlascoTrac Support

The Offeror shall maintain existing installations of PlascoTrac deployed district-wide at each school providing connectivity to the network and reporting capabilities to SunGard eSchoolPLUS.

PlascoTrac is computer software containing application programs and databases used for entering, tracking and maintaining students' attendance and disciplinary violations. PlascoTrac System consists of the following four modules:

PlascoTrac Badge (student identification badges) PlascoTrac Student Tracking PlascoTrac Mobile PlascoTrac Visitor Center

4.3.24 Individual Education Plan (IEP) Support

The Offeror shall provide support for the SunGard IEPPLUS used by Special Education teachers and intervention team members throughout the district.

The Offeror shall provide support identified in Table 4.1 and collaborate with the Special Education Department to facilitate training and developing/maintaining reports from IEPPLUS.

4.3.25 SchoolMessenger Support

The Offeror shall provide support to maintain the SchoolMessenger attendance/parent callback system as it is deployed at DPSD buildings across the district.

The Offeror shall provide support identified in Table 4.4, as well as:

Maintenance of interfaces to SunGard Menu management for authorized users

SchoolMessenger application is the Dayton Public Schools outbound calling software. This software is used to make outgoing calls to students and staff. It has a feature for scheduled reoccurring calls. Dayton Public Schools daily attendance and evening transportation notifications have been setup. School administrators and their office staff can schedule general notifications as needed.

13

4.4 Performance Requirements The offeror shall present individuals with demonstrated knowledge of the platforms listed. Knowledge can be demonstrated with experience or certifications.

5. Instructions for Submission

The Proposal shall concisely describe the Offeror’s approach to satisfying all of the requirements of this contract as depicted in Section 4.0 Scope of Services and the following services. Any Proposal not fulfilling all requirements as defined in this RFP shall be excused from further consideration.

5.1 Past Performance

Offerors shall demonstrate their experience in successfully providing Application Development services that were similar in their nature, size, and scope to this RFP.

The Offeror shall also include three (3) Past Performance references from contracts that were completed in the past three (3) years as well as permission from those contacts to discuss their performance.

5.2 Cost Proposal

Offerors shall bid this Contract as a Fixed Fee Proposal. The Billable Rate is defined as the total hourly rate that DPSD will be charged for any labor or project work outside the scope of the agreement. Offerors shall bid this contract for up to four staff members to satisfy requested requirements. Please include resumes of proposed individuals, highlighting qualifications.

A Contract Year is defined as 365 days (e.g., July 1, 2017, to June 30, 2020). The Offeror’s cost proposal should not contain any overtime hours or hours for holidays.

5.3 Compliance Proposal

Offerors shall complete all requested forms

5.4 Contacts

The following person will represent the Dayton Public Schools during the Proposal process and the period of performance of the contract:

Mr. Bobby Smith 115 South Ludlow Street Dayton, OH 45402-1812

14

During the period of performance of the contract a DPS Representative will represent DPSD and be the primary contact for matters relating to the contract. The Representative will be designated in writing after the Contract Award.

5.5 Inquiries

Inquiries regarding this RFP can be made any time during the inquiry period listed in the Calendar of Events. Offerors may submit inquiries using the following process:

E-mail inquiries to Mr. Bobby Smith, Senior Contract Specialist at

[email protected]

Responses to inquiries will be made available as described below. Offerors submitting inquiries will not receive a personalized response.

Inquiries about a specific portion of this RFP shall reference the relevant part of this RFP, the Paragraph Number and Title for the provision in question, and the page number of the RFP where the provision can be found. The inquiry shall contain the name of the prospective Offeror’s representative who is responsible for the inquiry, the prospective Offeror’s name, and its representative’s business phone number.

Offerors may view inquiries and responses using the following process:

Access the DPSD Web site at www.dps.k12.oh.us

Select the “Community” link

Select the “Bid Information” link

Select the “DPSD Application Development Services” menu option Select the “View Q&A” icon to display all inquiries with responses submitted to

date’

5.6 Communication Restrictions

From the release of this RFP until a Proposal is selected and the Contract executed, prospective Offerors may not communicate with any DPSD staff or Member of the Dayton Board of Education concerning this RFP except through the inquiry method. This does not apply to communication during the evaluation process if DPSD initiates the communication. If an Offeror engages in any unauthorized communication, DPSD may reject that Offeror’s proposal.

5.7 Schedule of Events

The schedule for this procurement is given below. If DPSD changes this schedule before the Proposal due date, it will do so through an announcement on the DPSD Web site followed by an amendment to this RFP. It is each prospective Offeror’s responsibility to check the DPSD Web site for current information regarding this RFP.

15

Firm Dates

RFP Issued March 20, 2018

Final Bidder’s Questions April 9, 2018

Proposal Due Date April 17, 2018

Estimated Dates

Proposal Evaluation and Interviews TBD

Contract Negotiations TBD

Contract Award May 15, 2018

5.8 Format of Proposals

Dayton Public Schools wants clear and concise Proposals. But Offerors should take care to completely answer questions and meet the RFP’s requirements.

The requirements for the Proposal’s binding and formatting are as follows:

Each Proposal shall include a cover letter signed by an individual with the legal authority to commit the Offeror to this acquisition. The cover letter shall also identify the Offeror’s authorized point of contact for this acquisition as well as that point of contact’s phone number and e-mail address.

Offeror’s responses should contain the following, separately indexed: Response to RFP Section 4.0

o Customer and reference information, project name, contract duration dates, dollar value of contract, staff level, detailed description, and relevance to DPSD Application Development requirements

o All the Compliance Proposal required forms

All Offerors are on notice that DPSD will not be liable for any costs incurred by an Offeror in responding to this RFP, regardless of whether DPSD awards the Contract through this process, decides not to go forward with the Contract, cancels this RFP for any reason, or awards the contract through some other process or issuing another RFP.

5.9 Proposal Deadline

Proposals shall be received no later than Tuesday, April 17, 2018 at 12:00 P.M, EST

16

Dayton Public Schools shall reject any Proposals or unsolicited Proposal amendments that are received after the deadline. Each Offeror shall carefully review the requirements of this RFP and the contents of its Proposal.

5.10 Acknowledgement of Binding

By submitting a Proposal, the Offeror acknowledges that it has read this RFP, understands it, and agrees to be bound by its requirements. The Offeror also agrees that the Contract will be the complete and exclusive statement of agreement between DPSD and the Offeror and will supersede all communication between the parties regarding the Contract’s subject matter.

5.11 Acceptance of Terms & Conditions and RFP Process Dayton Public Schools may reject any Proposal if the Offeror takes exception to the terms and conditions of the RFP, fails to comply with the procedure for participating in the RFP process, or the Offeror’s proposal fails to meet any requirement of this RFP. Dayton Public Schools may also reject any Proposal it believes is not in its interest to accept and may decide not to do business with any of the Offerors responding to this RFP.

5.12 Ownership of Proposals

All Proposals and other material submitted will become the property of DPSD and will not be returned. Proprietary information may not be included in a proposal or supporting materials because DPSD will have the right to use , except for cost information, any materials or ideas submitted in any Proposal without compensation to the Offeror. Dayton Public Schools will retain all Proposals or a copy of them, as part of the contract file, for at least three (3) years. After the retention period, DPSD will destroy, or otherwise dispose of the Proposals or the copies.

5.13 Waiver of Defects

Dayton Public Schools has the right to waive any defects in any Proposal or in the submission process followed by an Offeror. But DPSD will only do so if it believes that it is in DPSD’ interest and will not cause any material unfairness to other Offerors.

5.14 Amendments to Proposals

Amendments to or withdrawals of Proposals will be allowed only if the amendment or withdrawal is received before the Proposal due date. No amendment or withdrawals will be permitted after the due date, except as expressly authorized by this RFP.

17

5.15 Amendments to the RFP

If DPSD decides to revise this RFP before the Proposal due date, amendments will be announced and provided via the DPSD Web Site for this RFP. Should DPSD make an amendment to the RFP after Proposals have been submitted, but prior to Proposal Deadline, the Offeror will be permitted to re-submit their Proposal. Resubmission shall be prior to official Proposal Deadline.

5.16 Ownership of Deliverables

All custom work done by the Offeror and covered by this Contract will be treated as “work for hire” on the behalf of DPSD, with all rights, title, and interest in all intellectual property that come into existence through the Offeror’s custom work being assigned to DPSD. Additionally, the Offeror waives any author rights and similar retained interests in custom-developed material.

5.17 Non-Appropriation of Funds

Any Contract resulting from this Request for Proposal is subject to appropriation of funds BY THE DPSD for each fiscal year(s) for services listed herein. No legal liability on the part of DPSD arises until funds are made available for this Contract and the Offeror is so notified by DPSD in writing.

5.18 Offer Expiration

All offers shall remain open for 120 days following the date established for submission of offers and for such longer time as is mutually agreeable.

6.0 SPECIAL PROVISIONS

6.1 Licenses:

The Offeror shall be required to obtain any necessary licenses and permits to comply with all local, federal, state and government codes and ordinances without cost to the DPSD.

6.2 Non-Waiver of Defaults:

Any failure by the DPSD to enforce or require the strict keeping and performance of any terms or conditions of the agreement shall not constitute a waiver of such terms and conditions, nor shall it affect or impair the right of the DPSD to avail itself of such remedies as it may have for any breach of the terms and conditions.

18

.

6.3 Inspection of Facilities:

The DPSD may require an inspection tour of Offeror's facilities at the location where the services provided may be initiated.

6.4 Copyright and Patents:

Offerors shall hold the DPSD, its officers, agents, servants and employees harmless from liability of any nature or kind because of any copyrighted composition, secret process, patented or un-patented invention, articles or appliances furnished or used under this proposal, and agrees to defend, at its own expense any and all actions brought against the DPSD or themselves because of the unauthorized use of such articles.

6.5 Protection of Data:

The Offeror shall take all precautions necessary and appropriate to assure the confidentiality of DPSD official record information. The Offeror shall limit access to DPSD official records only to Offeror's authorized employees, except as authorized by the DPSD, and the Offeror shall not reproduce any of the DPSD's official records. The DPSD shall have the right to review Offeror's procedures for handling the DPSD's records and may make such inspections as it deems necessary to assure that the Offeror is adequately safe-guarding the DPSD's official record information.

6.6 Disclosure of Proposal Information:

Proposals submitted become a matter of public record. Where, in the course of making a proposal, an Offeror submits technical or business information which claimed to be confidential, the Offeror shall so indicate. The DPSD shall give consideration to the claim of confidentiality.

7.0 Financial Ability

Part of the Proposal evaluation criteria is the qualifications of the Offeror, which includes as a component the Offeror’s financial ability to perform the Contract.

This RFP requires the submission of the Offeror’s Dunn and Bradstreet number.

In evaluating an Offeror’s financial ability, the weight the committee assigns, if any, to that financial ability will depend on whether the Offeror’s financial position is adequate or inadequate. That is, if the Offeror’s financial ability is adequate, the value assigned to the Offeror’s relative financial ability in relation to other Offerors may or may not be significant, depending on the nature of the Contract. If the evaluation committee

19

believes the Offeror’s financial ability is inadequate, this factor will be critical to acceptance of the Offeror’s proposal, and the committee may reject the Proposal despite its other merits.

7.1 Contract Negotiations

The final phase of the evaluation process is Contract negotiations. Negotiations will be scheduled at the convenience of the committee. The selected Offeror(s) must negotiate in good faith.

Negotiations may be conducted with any Offeror who submits a competitive proposal, but the committee may limit discussion to specific aspects of the RFP. Any clarifications, corrections, or negotiated revisions that may occur during the negotiations phase will be required in writing and incorporated in the RFP or the Offeror’s proposal as appropriate. Any Offeror whose response continues to be competitive will be accorded fair and equal treatment with respect to any clarification, correction, or revision of the RFP and will be given the opportunity to negotiate revisions to its Proposal based on the amended RFP. But should the evaluation process have resulted in a top-ranked Proposal, the committee may limit negotiations to only that Offeror and not hold negotiations with any lower-ranking Offeror. If negotiations are unsuccessful with the top-ranked Offeror, the committee may then go down the line of remaining Offerors, according to rank, and negotiate with the next highest-ranking Offeror. Lower-ranking Offerors do not have the right to participate in negotiations conducted in such a manner.

Auction techniques that reveal an Offeror’s price to another or reveal any material information derived from competing Proposals are prohibited. Any oral modification of a Proposal will be reduced to writing by the Offeror as described below.

It is entirely within the discretion of the committee whether to allow negotiations. An Offeror must not submit a Proposal assuming there will be an opportunity to negotiate any aspect of the Proposal. The committee is free to limit negotiations to particular aspects of any Proposal, to limit the Offerors with whom the committee wants to negotiate, or to dispense with negotiations entirely.

7.2 Failure to Negotiate

The negotiations will normally be held to correct deficiencies in the preferred Offeror’s Proposal. If negotiations fail with the preferred Offeror, the committee may negotiate with the next Offeror in ranking. Alternatively, the committee may decide that it is in the interests of DPSD to negotiate with all the remaining Offerors to determine if negotiations lead to an adjustment in the ranking of the remaining Offerors.

20

From the opening of the Proposals to the award of the Contract, everyone working on the behalf of DPSD to evaluate the Proposals will seek to limit access to information contained in the Proposals solely to those people with a need to know the information. They will also seek to keep this information away from other Offerors, and the evaluation committee will not be allowed to tell one Offeror about the contents of another Offeror’s Proposal in order to gain a negotiating advantage.

Before the award of the Contract or the cancellation of the RFP, any Offeror that seeks to gain access to the contents of another Offeror’s Proposal may be disqualified from further consideration.

Negotiated changes will be reduced to writing and become part of the contract file open to inspection to the public. The written changes will be drafted and signed by the Contractor and submitted to the evaluation committee within five (5) business days. If the evaluation committee accepts the change, the Procurement Representative will give the Offeror written notice of the committee’s acceptance. The negotiated changes to the successful Offeror will become part of the Contract.

If an Offeror fails to provide the necessary information for negotiations in a timely manner, or fails to negotiate in good faith, DPSD may terminate negotiations with that Offeror.

7.3 Contract Award

DPSD intends to award a contract resulting from this solicitation to the responsible Offeror whose Proposal represent the best value after evaluation to DPSD in accordance with the factors stated in the RFP.

Best value may not necessarily be the lowest cost or the highest ranked Technical/Management Proposal. DPSD defines best value as a combination of a sound and qualified Technical/Management Proposal with a thorough, and reasonable Cost that best meets the needs of DPSD.

8.0 TERMS AND CONDITIONS

All conditions and provisions of the RFP are deemed to be accepted by the firm and incorporated by reference in the statement of qualifications and will apply to subsequent maintenance agreement arrangements.

8.1 Late:

Late proposals will be accepted; but will not be considered for this project; however, they may be filed for future requirements.

21

8.2 Indemnity:

The firm shall indemnify the DPSD all damage caused to the DPSD property as a result of the negligent actions or wrongful acts of the firm, its employees, servants, and/or agents. The firm shall indemnify and hold harmless the District, its employees, servants and/or agents from all claims, demands, actions, suits, or proceedings initiated by third parties arising from the negligence of the firm, its employees, servants, and/or agents.

8.2.1 Protection of Persons and Property:

The firm shall take all reasonable precautions for safety and reasonable protection to prevent damage, injury, or loss to all of his employees and other persons.

8.3 Liability Insurance

Before starting any work under the agreement, the firm shall except, as otherwise approved by DPSD, take out and maintain at own cost and expense, the following insurance. Such insurance shall be with companies and with limits satisfactory to DPSD, and not less than required by law.

8.3.1 Worker’s Compensation:

The selected firm agrees to furnish an official certificate or receipt of the Industrial Commission of Ohio showing payment of necessary premiums to the State Insurance fund when such certificates are required in the Request for proposal.

8.3.2 General Liability:

The selected firm shall carry general liability (to include): Contractor’s Liability and Product Liability, and Personal Injury and Property. Bodily Injury, including Personal Injury and Damage of $1,000,000.00 for each occurrence/or as required by law, whichever is greater.

8.3.3 Automobile Liability:

The selected firm shall carry automobile liability, including non-ownership and hired car coverage as well as owned vehicles, bodily injury and damage of $1,000,000.00 for each occurrence or as required by law, whichever is greater.

8.3.4 Certificates of Insurance:

Certificates of insurance which are acceptable to DPSD legal department shall be filed with the District prior to the commencement of any work. These certificates shall contain a provision that coverage afforded under the policies will not be canceled unless a fifteen day (minimum) prior written notice has

22

been given to the District. Alternate Bids for insurance requirements may be submitted however, it shall be at the sole discretion of the District to accept the alternate.

8.4 Applicable Regulations

All services provided shall comply with all applicable federal, state and local regulations.

8.5 Governing Law Any agreement resulting from this Request for proposal is subject to the DPSD’s policies and other

applicable federal, state, and local laws.

The Offeror hereto expressly agree that this Agreement will be construed and enforced in accordance with the laws of the State of Ohio.

The Offeror shall obtain Bureau of Criminal Identification and Investigation (BCII) reports on all Offeror staff who will be working with DPSD students within the contract. Only those Offeror staff members whose backgrounds are compliant with all relevant Ohio laws will be permitted to participate on the contract.

The Offeror will maintain strict confidentiality regarding the pupils of Dayton Public Schools. Any research or writing based in whole or part upon this effort shall not be published without the written consent of the other party, except that the parties may share information for educational purposes or for the purposes of presentation at educational conferences provided complete anonymity is maintained regarding personally identifiable student information. The parties shall comply with the Family Educational Rights and Privacy Act, 20 U.S.C Section 1232g, as applicable.

8.6 Equal Opportunity

The firm to whom the agreement is awarded shall comply fully with the provisions of Sections 153.59 and 153.60, Revised Code of Ohio, relative to discrimination and intimidation of employees. The firm agrees that it will not discriminate against any employees or applicant for employment, because of race, sex, color, creed, national origin, or ancestry, which action shall include, but not be limited to the following: employment, upgrading, demotion, transfer, rates for pay or other forms of compensation, and selection for training, including apprenticeship. The firm further agrees to post in conspicuous places available to employees and applicants for employment, notices, to be provided by the City of Dayton, setting forth the provision of this equal opportunity employment clause.

The firm agrees in its solicitations for employees, to state that all qualified applicants will receive consideration for employment without regard to race, sex, color, creed, national origin or ancestry.

23

The firm agrees to cooperate fully with the DPSD to ensure that the provision of this equal opportunity employment clause is being carried out.

9.0 TERMINATION CLAUSES

9.1 Termination for Convenience:

DPS may terminate the agreement, in whole or in part, whenever it is determined that such termination is in the best interest of the District, without showing cause, upon giving 90 days written notice to the firm. DPSD shall pay all reasonable cost incurred by the firm up to the date of termination. The firm shall not be reimbursed for any profits which may have been anticipated but which have not been earned up to the date of termination.

9.2 Termination for Default:

When the firm has not performed or has unsatisfactorily performed the repairs DPSD may terminate the agreement for default. Upon termination for default, payment may be withheld at the discretion of DPSD. Failure on the part of a firm to fulfill the agreement obligations shall be considered just cause for termination of the agreement. The firm will be paid for work satisfactorily performed prior to the termination less any excess costs incurred by the Dayton Board of Education in procuring and completing the terms of the agreement. If at any time during the term of the agreement, the school district determines that the firm has not kept and observed the conditions of the agreement, and has not corrected the breach within five (5) working days following receipt of written notice, DPSD shall have the right, in its sole discretion to terminate said agreement upon five (5) days additional written notice.

9.3 Termination Assistance

In the event of the expiration or termination of the Contract resulting from this RFP for any reason, the contractor shall (1) cooperate with DPSD in effecting the orderly transfer of the services to a third party or the resumption of the services by DPSD (2) transfer, license, or obtain for DPSD, as appropriate, any tools and equipment used by the contractor in the provision of the services that are not used exclusively for DPSD’s account (tools and equipment used exclusively for DPSD’s account shall be owned by DPSD), and (3) continue to perform those services and deliverables requested by DPSD in accordance with this Contract (the “Termination Assistance Services”). With respect to the Termination Assistance Services to be provided in connection with the expiration of the Term, such services will be provided during the last 12 months of the Term during, and as part of, the performance of the services hereunder at no additional cost.

Termination Assistance Services in all other events of termination shall be provided for

up to 180 days after the effective date of the termination. The allocation of costs

24

associated with termination shall consist of only the labor hours specified as necessary per DPSD for Termination Assistance, and there shall be no additional costs to DPSD other than specified. Notwithstanding the reasons for any termination of this Contract, termination shall have no effect on the parties’ rights and obligations under: Ownership and Licensing, Confidentiality, and Limitation of Liability.

10.0 COMPLIANCE DOCUMENTS

The following Compliance documents included as listed below: Attachments

I. Pricing Form II. Non-Collusion Statement

III. Affidavit On Disclosure of Delinquent Personal Property Taxes IV. Sample HRC Letter V. Reference Sheet VI. Qualifications and Experience VII. Current Client List EDBE Exhibits IP-I Thru IV

25

ATTACHMENT I PRICE BID FORM

Please provide proposed rates:

Cost Proposal Matrix

Year 1 $

Year 2 $

Year 3 $

Option Year 4 $

Option Year 5 $

Total Price $

Maximum Hourly Rate (for projects outside contract

scope) $

The base Rate will be used for evaluation and budgetary purposes and should not be construed as a guaranteed cost. Identify any additional cost in detail. DPSD will pay only for services provided,( see Section 3.1). The undersigned as Offeror declares that the only parties interested in this Bid as principals are named herein; and that this Bid is made without collusion with any other person, firm or corporation; and that no officer or agent of the owner is directly or indirectly interested in this Bid. Any amendment, increases or elimination of offerings, subsequent to this agreement must be agreed upon by both the Offeror and DPSD. Firm Name:_______________________________________________________________ Firm’s City/State address_________________________________________ Zip________________________ Signature ofauthorizedAgent__________________________email________________________ Print Name/Title_____________________________________date________________________ Signature ofauthorizedAgent__________________________email________________________

Print Name/Title____________________________________date ______________________

26

ATTACHMENT II NON-COLLUSION STATEMENT DECLARATION UNDER PENALTY OF PERJURY The undersigned declares that: he/she holds the position indicated below as a corporate officer or the owner or partner in the business entity submitting these Bids; that the undersigned is informed of all the relevant facts surrounding the preparation and submission of these Bids; that the undersigned knows and represents and warrants to the Dayton Public School District that these Bids are prepared and submitted without collusion with any other person, business entity or corporation; and, that the Firm submitting these Bids is the only person, business entity, or corporation with any interest in the resultant contract. I declare under penalty of perjury that the foregoing is true and correct. FIRM: _________________________________________ BY: _________________________________________ (Signature) TITLE: _________________________________________ ADDRESS: _________________________________________ DATE: _________________________________________

27

ATTACHMENT III AFFIDAVIT ON DISCLOSURE OF DELINQUENT PERSONAL PROPERTY TAXES (R.C. 5719.042) State of Ohio County of Montgomery The undersigned being duly authorized officer (s) or owner (s) of (company) do solemnly swear or affirm that charges of personal property taxes of any county in which the Dayton Board of Education has territory (have) (have not) been made against (company). ___________________________________ Signature of Officer or Owner Sworn or affirmed to before me and subscribed in my presence this _____________________ day of ___________________________ ___________________________________ Notary Public My Commission Expires _____________________

28

29

ATTACHMENT V

REFERENCE SHEET

Please complete this sheet on at least three (3) clients to whom you have furnished similar services being proposed, within the last five (5) years. CLIENT’S NAME: CLIENT’S ADDRESS: CONTACT PERSON CONTACT PHONE ( ) / CONTACT EMAIL / @ DOLLAR VOLUME OF SALES: CONTRACT DURATION: BRIEF DESCRIPTION OF PRODUCTS/SERVICES PROVIDED:

30

ATTACHMENT VI

QUALIFICATIONS AND EXPERIENCE QUESTIONAIRE Prepare and submit narrative responses to address the following items. If Respondent is proposing as a team or joint venture, provide the same information for each member of the team or joint venture.

1. Describe Respondent’s qualifications and experience relevant to the Scope of Services requested by this RFP. Identify associated results or impacts of the project/work performed. (Use additional Sheet(s) of Paper if necessary)

2. Describe Respondent’s specific experience with public entities, especially urban K12 school districts (other than DPSD). Use Attachment V for this purpose. (Copy as needed)

3. Provide a statement demonstrating Respondent’s understanding of the objectives and issues of the project.

4. Describe Respondent’s unique point-of-difference within the following: a. Position in the marketplace b. Strongest capabilities or service niches

5. Provide client list with year client was acquired. Use Attachment VII for this purpose.

6. List any other resources, including special relationships, equipment, etc. available to support this

project.

7. If Respondent is proposing as a team or joint venture or has included sub-contractors, describe the rationale for selecting the team and the extent to which the team, joint ventures, and/or sub- contractors have worked together in the past.

8. State the primary work assignment and the percentage of time key personnel will devote to the project if awarded the contract. Include Project Lead name and contact information. Respondent may include organization chart outlining roles and responsibilities as it relates to this Request for Bid.

9. Provide resumes for key staff members that will be assigned to this project. Identify the number and professional qualifications (to include licenses, certifications, associations) of staff to be assigned to the project and relevant experience.

10. Identify industry awards, recognitions, and or accommodations the firm or team member(s) have received.

31

ATTACHMENT VII

CURRENT CLIENT LIST

NAME OF FIRM BID DATE

Client Names City/State Contract Term Summary of Services Provided

32

EXHIBIT IP I BID SUBMISSION INSTRUCTIONS for

DAYTON PUBLIC SCHOOLS COMMUNITY INCLUSION PROGRAM

EDBe PARTICIPATION Dayton Public Schools Community Inclusion Program has two major initiatives. The first is the utilization of disadvantaged Firms in Dayton Public Schools contracts. The District has a goal of 35% participation with Economically Disadvantaged Business Enterprises (EDBE). Each contractor is expected to utilize good faith efforts to solicit and engage EDBE(s) as vendors/suppliers to meet this goal. Please review the criteria for Good Faith Effort Determination IV included in Exhibit IP included with this document. The EDBE Participation form, located in Exhibit IP section of the Bid specifications, should be used to record participation of EDBE subcontractors. The completed form should be submitted at the time Bid, and should contain all relevant data, including EDBE name, types of service or supplies, or construction, amount of contract to EDBE and % of EDBE contract to base Bid. If the Bid does not include a firm price, the anticipated scope of service and estimated percentage to base Bid should be indicated. WORKER UTILIZATION In addition to the EDBE goal, the Dayton Public Schools’ Community Inclusion Plan has a goal, when applicable, for 25% of on-site workforce associated with the procurement to be Dayton Public Schools District residents. Estimated percentage of on-site workforce should be entered in the appropriate section of the EDBE/Workforce participation form. FORM COMPLETION The EDBE/EDGE Provider and Workforce Participation form should be completed as indicated above, and must be signed by an authorized company agent and witnessed and signed by a public notary. The Bid should provide copies of request for quotes, phone logs, fax verification forms and other supporting documents which can be used in the determination of good faith efforts (See Good Faith Effort Determination IV document) Upon award of contract, firms will be required to complete a manpower utilization form for on-site hours worked by all staff, where applicable. SPECIAL NOTE: There will be certain conditions, such as sole source, industry related restrictions, availability of resources that could adversely affect, or eliminate the potential of utilization of EDBEs. In all cases, the Bid should submit the Provider and Workforce participation form, indicating any limitations for consideration and determination of good faith effort by the DPS evaluation team. Failure to submit the form could be lead to the determination of “Bid non-responsiveness”, or “no good faith effort”.

33

VENDOR CERTIFICATION The DPS Community Inclusion program uses race/gender neutral measures to meet good faith effort goals for subcontracting. Currently the District will accept the City of Dayton PEP certification for S/DBE firms http://www.cityofdayton.org/departments/hrc/Pages/ContractCompliance.aspx as well as, State of Ohio EDGE http://eodreporting.oit.ohio.gov/searchEDGE.aspx certification toward our inclusion goals. Visit the respective links for a list of current certified contractors. A copy of the certification of each firm listed on the EDBE/Workforce Participation form is to be submitted with the form. CONTACT INFORMATION Any questions regarding the Community Inclusion Program, certified EDBEs or required documentation for Bid submission should be addressed to: Terri Allen, Director; DPS Purchasing & Contract Administration [email protected]

EXHIBIT IP II

DEFINITIONS TO PROVIDERS FOR DPS COMMUNITY INCLUSION PROGRAM

1.0 Diversity and Inclusion Goals/Outreach to Economically Disadvantaged Business Enterprises and Local Businesses and Local Residents

1.1 Purpose. The Owner is committed to assuring that all qualified workers, providers of goods and services, suppliers, contractors, subcontractors have an equal opportunity to participate on the Project and have established The Community Inclusion Program (the “Program”) in furtherance of this commitment. In addition to the foregoing, the Program is established for four primary purposes: (1) equal opportunity for employment on all Projects; (2) promoting the participation of Economically Disadvantaged Business Enterprises (as defined in capable of providing labor, materials, and services in connection with the Project; (3) advancing local economic revitalization, and achieving non-discrimination in the award and administration of Project contracts to include Local Businesses; and (4) to provide meaningful job opportunities for workers whose tax dollars fund the construction who are Local Residents.

1.2 Goals. The goal of the Program is to achieve 35% participation in the project at all levels by Economically Disadvantaged Business Enterprises. Further, the goal as it relates to on-site workforce participation by Local Residents is twenty-five percent (25%) participation. While the Owner encourages Economically Disadvantaged Business Enterprises and Local Businesses to participate in the Project as Prime Bids, all Bids, whether they are themselves an Economically Disadvantaged Business or not, are required by the Program to use good faith efforts to locate and engage the services of Economically Disadvantaged Business Enterprises and (to employ Local Residents) that are ready, willing, and able to supply labor, materials, and services in connection with the Project. These goals are not race-based or gender-based quotas or set-asides. Each Bid must demonstrate its good faith efforts to meet or exceed these goals. Although, failure of a Bid to meet these goals shall not be a reason for rejection of Bid, failure to meet good faith effort requirements will be considered in the determination of Bid responsiveness and/or responsibility.

2.0 Definitions 2.1 “Economically Disadvantaged Business Enterprise” or “EDBE” means an enterprise that is at least 51% owned and controlled directly or indirectly by one or more individuals, each with a personal net worth equal to or less than $750,000. Personal net worth includes any personal net worth of the individual’s spouse but does not include (1) the individual’s ownership interest in the enterprise being considered in connection with the contracting opportunity or (2) the individual’s equity in his or her primary residence. Additionally, a contingent liability does not reduce an individual’s personal net worth. For purposes hereof, the word “enterprise” means a sole proprietorship, joint venture, partnership, limited liability company, or corporation that has been in business for at least one year prior to the date of contract award and that meets the size limitations of the Small Business Administration set forth in 13 CFR 121.201. Currently the District will accept certifications from both the City of Dayton S/DBE and State of Ohio EDGE, as certification for the DPS Community Inclusion Program.

2.2 “EDGE Certification” means an enterprise that having met the criteria of the State of Ohio’s Encouraging Diversity Growth and Equity is a certified EDGE business. 2.3 "Local Resident" means (a) a person who resides in the school district of the Owner; (b) a person who resides in Montgomery County

2.4 "Local Business" means (i) a business entity having its principal place of business in the territory of the school district of the Owner; (ii) a business entity having its principal place of business in the City of Dayton; or (iii) a business entity having its principal place of business the County of Montgomery, without limiting or expanding the definition of Local Business or Local Resident, the Owner’s stated purpose relating to Local Business and Local Resident participation is to provide meaningful contracting/subcontracting and job opportunities for business and individuals whose tax dollars fund the construction. Related, but secondary, purposes and goals are to include those who are a Local Resident or Local Business described in (b), and (ii) and (iii), of this Section 1.2.3.

35

3.0 Good Faith Efforts. Each Bid must make good faith efforts to locate, engage, and retain Economically Disadvantaged Business Enterprises and Local Businesses in connection with the Project. The Bid’s compliance with the requirement to make these good faith efforts shall be a matter of low Bid responsibility.. Each Bid will be required to complete the DPS EDBE Participation Form (contained within this Project Manual and following these Instructions to Bids) to: (i) provide a list of supplier/subcontractors said low Bid intends, in good faith, to use who are Economically Disadvantaged Business Enterprises and/or an EDGE Business; or (ii) provide a description of a joint venture said low Bid intends, in good faith, to enter into with an Economically Disadvantaged Business Enterprises and/or an EDGE Business; or (iii) certify as to good faith efforts made; including but not limited to all EDBE/EDGE contractors contacted, if not used, reason why; attempts to negotiate with EDBE/EDGE contractor, attempts to carve out a smaller scope of work for which the EDBE/EDGE contractor can perform., and the intent to use local residents. (A complete list of criteria for determining good faith efforts is contained within this Project Manual and following these instructions to Bids.) The DPS Participation Form must be signed by an authorized agent of the company, as well as signed and sealed by a certified notary public, documenting the attempts to meet the goals of utilization of Economically Disadvantaged Business Enterprises and/or EDGE Business.

4.0 Forms Required. Each Bid shall submit with the Bid, a DPS EDBE/EDGE Provider and Workforce Participation Form indicating the Bid fulfills the requirement of the DPS Community Inclusion Program. All Bids who are awarded a contract may be required to submit periodic reports during the term of the Contract to the Office of Diversity or a Program office to be established by the Owner. If this Bid results in contracted firms employees working at a DPS site, a Manpower Utilization form will be required monthly (see copy in this section). All Bids who are awarded a Contract with the Owner may be required to submit a Contract Completion Survey (to be provided by the Owner after all work is completed. Failure to provide any requested information about utilizing Economically Disadvantaged Business Enterprises, Local Businesses and Local Residents during the Contract term, can be a determination of contractual deficiency and may require a remedy, or contract termination as determined by the owner.

5.0 Race-Neutral Devices: The Owner supports the use of race-neutral devices to aid Economically Disadvantaged Business Enterprises and Local Businesses in the Bidding process, to the extent that such devices are legal and economically feasible. In order to facilitate the participation of such businesses, the Owner will do the following:

5.1 Advertise and promote the availability of Project prime contracts, subcontracts and employment in a broad-based manner to include Economically Disadvantaged Business Enterprises and Local Businesses;

5.2 Hold meetings and provide other resources to acquaint Economically Disadvantaged Business Enterprises and Local Businesses with the requirements and Scope of Work, and coordinate such efforts with organizations familiar with and willing to reduce the problems Bids may experience in getting quotes from Economically Disadvantaged Business Enterprises and Local Businesses in the course of Bidding the Work;

5.3 Provide apprenticeship support and referral resources to Local Residents who maintain a certain level of participation and are actively seeking licensure and assistance;

5.4 Publicize capacity building programs in a broad-based manner for the purposes of notifying Economically Disadvantaged Business Enterprises, Local Businesses and Local Residents and coordinate efforts with other organizations such as MCBAP, SCOMBC, and NAACP, among others, in the Dayton area that have capacity building programs;

5.5 Break down the scope of large prime Contracts within the Project into smaller contractual parts to facilitate the participation of Economically Disadvantaged Business Enterprises and Local Businesses;

36

5.6 Arrange adequate time for the submission of Bids and specifications review so as to facilitate the participation of Economically Disadvantaged Business Enterprises and Local Businesses;

5.7 Require Bids on Project prime contracts to use good faith efforts to locate and engage the services of Economically Disadvantaged Business Enterprises, Local Businesses and Local Residents ready, willing and qualified to supply labor, materials and services in connection with the Project. The Goals include no less than thirty-five (35%) participation of Economically Disadvantaged Business Enterprises. and Local Businesses and twenty-five percent (25%) workforce participation by School District Residents.

5.8 Develop and implement outreach programs for the economically disadvantaged business community;

5.9 Actively seek out and include qualified Economically Disadvantaged Business Enterprises and Local Businesses on Bid invitation publications that are also available to the public in general and ensure that Goals are understood by all Bids; and

5.10 Provide resources and information to Economically Disadvantaged Business Enterprises, Local Businesses and Local Residents seeking opportunities to participate on this Project.

EXHIBIT IP III

38

EXHIBIT IP IV GOOD FAITH EFFORTS DETERMINATION

DPS and/or it authorized compliance agency will utilize the following factors, as consistent with Ohio Revised Code 123:2-16-09 in the determination of a vendor’s good faith efforts to meet the goals of the DPS Community Inclusion program. Determination of good faith efforts will be made by information provided on and with the DPS EDBE/EDGE Participation form to be completed and provided with the respondents bid. Additional supporting documentation may be required at the request of the Diversity Office. 1. The bidder utilized reasonable and available means to identify and solicit all certified EDBE/EDGEs* business

enterprises that have the capability to perform the work of the contract by providing copies of written notification that their interest in the subcontract is solicited.

2. The bidder must provide evidence of efforts to divide the work into economically feasible portions of the

contracted work to increase the likelihood of the participation by EDBE/EDGEs certified business enterprises. 3. Evidence that the bidder provided all appropriate certified EDBE/EDGE business enterprises with adequate

information about the plans, specification and requirements of the contract in time for EDBE/EDGE certified business enterprises to bid on the project.

4. The bidder negotiated in good faith with interested certified EDBE/EDGEs business enterprises. To

demonstrate good faith negotiations, the vendor shall provide the evidence of such negotiations, including but not limited to:

5. Names, addresses, dates, and telephone numbers of the EDBE/EDGEs certified business enterprises

considered.

6. A description of the information provided to the EDBE/EDGEs bidder regarding the RFP/Bid specifications for portions of the work to be performed.

7. A statement of the reasons why additional agreements with EDBE/EDGEs were not reached.

8. Copies of written quotes from all EDBE/EDGEs seeking subcontract work with prime at the time of the

bidding

9. The bidder or vendor shall properly evaluate an interested certified EDBE/EDGE business enterprise as being qualified for the work of the contract. A bidder must give equal consideration to an EDBE/EDGE certified business enterprise regardless of it’s standing within an appropriate industry, membership, or affiliation in a business, union, social or political group. A written statement of the reasons an EDBE/EDGE’s quote was not accepted, must be documented and submitted.

39

10. Evidence that the bidder utilized the services of the District and/or its authorized representative and/or organization that provides vendor assistance in the identification and recruitment of EDBE/EDGE certified business enterprises.

11. The bidder utilized the list of qualified EDGE certified business enterprises as provided by the equal

employment opportunity division of the department of administrative services.** 12. Evidence of efforts to assist EDBE/EDGE’s who need assistance in obtaining bonding and/or insurance

which the bidder requires. *EDBE/EDGE; Dayton Public Schools will accept State of Ohio EDGE certification as well as other EDBE, SDBE certifications. Any question regarding acceptable certification should be addressed to the Director of Purchasing & Contract Administration **Imperative to the determination of good faith efforts is the vendor’s attempt to identify and engage EDBE/EDGE certified business enterprises. Consistent with this effort will be the vendor’s contact of the District’s Purchasing Office at 937-542-3020.

40

Submission Instructions for Suppliers

Please follow these instructions to submit via our Public Portal.

1. Prepare your submission materials:

Requested Information

Name Type # Files Requirement

Attachment I - Cost

Proposal File Type: PDF (.pdf) Multiple Required

Attachment II - Non

collusion File Type: PDF (.pdf) Multiple Required

Attachment III - Tax

Affidavit File Type: PDF (.pdf) Multiple Required

Attachment IV -

HRC Letter File Type: PDF (.pdf) Multiple Required

Attachment V -

References File Type: PDF (.pdf) Multiple Required

Attachment VI -

Qualifications and

Experience

File Type: PDF (.pdf) Multiple Required

Attachment VII -

Current Client List File Type: PDF (.pdf) Multiple Required

41

Name Type # Files Requirement

Section 4.0 through

4.4 - Response to

Scope of Service

File Type: PDF (.pdf) Multiple Required

Key Personnel

Resumes File Type: PDF (.pdf) Multiple Required

Subcontractor

Teaming

Agreements

File Type: PDF (.pdf) Multiple Optional

Requested Documents:

Please note the type and number of files allowed. The maximum upload file size is 1000 MB.

Please do not embed any documents within your uploaded files, as they will not be accessible or

evaluated.

2. Upload your submission at:

https://dps.bonfirehub.com/opportunities/7274

Your submission must be uploaded, submitted, and finalized prior to the Closing Time of Apr 17, 2018

5:00 PM EDT. We strongly recommend that you give yourself sufficient time and at least ONE (1) day

before Closing Time to begin the uploading process and to finalize your submission.

Important Notes:

Each item of Requested Information will only be visible after the Closing Time.

Uploading large documents may take significant time, depending on the size of the file(s) and your

Internet connection speed.

You will receive an email confirmation receipt with a unique confirmation number once you finalize your

submission.

Minimum system requirements: Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla

Firefox. Javascript must be enabled. Browser cookies must be enabled.

42

Need Help?

Dayton Public Schools uses a Bonfire portal for accepting and evaluating proposals digitally. Please

contact Bonfire at [email protected] for technical questions related to your submission. You can

also visit their help forum at https://bonfirehub.zendesk.com/hc