Ozarks Technical Community College Purchasing Department 1001 E Chestnut Expressway Springfield, MO 65802 Telephone: 417.447.4817 Facsimile: 417.447.4856
REQUEST FOR PROPOSAL NUMBER #OTC0039 Date: June 4, 2015
Catalog and Curriculum Solution This document constitutes a request for SEALED proposals from qualified vendors for the purchase of a digital catalog and curriculum solution for Ozarks Technical Community College in accordance with the requirements, terms and conditions of this Request for Proposal. Date and Time Returnable: July 6, 2015 by 4:00 p.m. CST Contact: Renee Graves
Telephone: 417.447.8115
The vendor hereby agrees to furnish items and/or services pursuant to all requirements and specifications contained in this document, upon either the receipt of an authorized purchase order from Ozarks Technical Community College, or when this document is countersigned by Ozarks Technical Community College as a binding contract. The vendor further agrees that the language of this document shall govern in the event of a conflict with the vendor’s proposal. Company Name
Date
Mailing Address
Telephone
City
State
Zip Code
Facsimile
Email
Printed Name
Authorized Signature
Title
Ozarks Technical Community College 1001 East Chestnut Expressway Springfield, Missouri 65802
Table of Contents Table of Contents
2
1 Overview and Background
3
1.1 Objective Overview: 1.2 Background:
2 Services and Scope 2.1 Services
Scope of Work - Catalog/Curriculum Required Qualifications
3 3
4 4
4
2.2 Required Features and Specifications: Technology, Set-Up, Training and Maintenance, Catalog and Curriculum 4 1.Technology Required Specifications 2.Set-up – Training – Maintenance Requirements 3. Catalog Requirements 4. Other Catalog Features 5. Curriculum Requirements
3 Evaluation Criteria 3.1 Proposal Submission Information
4 6 7 10 10
15 17
4 Solution Pricing
21
5 References and Experience
23
6 General Contractual Requirements
24
7 Supporting Materials
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Catalog and Curriculum Solutions RFP
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1 Overview and Background 1.1 Objective Overview: The objective of this proposal is to obtain and implement solutions for catalog and curriculum management.
1.2 Background: Since opening its doors in 1991, Ozarks Technical Community College (OTC) has been an integral part of the success of thousands of our citizens. Twenty-five years later, we are the third-largest community college in Missouri, and we help students every year to continue their education and prepare themselves for today’s competitive job market. OTC is a public community college and is committed to providing tomorrow's leaders and innovators the valuable education they need to succeed. We serve 14,000 + students and our student population continues to grow. OTC has three campuses and two centers across southwest Missouri with the main campus located in Springfield, Missouri.
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2 Services and Scope 2.1 Services Ensure the proposal prices and fees are based on FTE of 10,046. (2013-2014 IPEDS) The vendor must provide 24/7/365 technical support for routine or unexpected technical issue and emergencies. Please describe this service. The vendor must provide quarterly management training and ongoing end user support training. Please describe the cost of the training service. The solution must have a feature to publish a calendar (i.e., professional development, college events, etc.) on the catalog webpage as its own publication. Describe the proposed project team (Ozarks Technical Community College and vendor’s team members, roles and responsibilities).
Scope of Work - Catalog/Curriculum Required Qualifications 2.2 Required Features and Specifications: Technology, Set-Up, Training and Maintenance, Catalog and Curriculum Vendor is required to respond to each of the following features. Sufficient information should be included in response to each requirement to provide a clear understanding of vendor’s compliance in each case.
1. Technology Required Specifications
A. Software
The system must have an up-to-date software system, be web-based, and usable with mobile devices, tablets and web browsers.
1. Describe the software framework and how it is unique. 2. Describe the web-based usage to include the compatible browsers as well as any incompatible web browsers. Compatibility with mobile devices and tablets. 3. Describe if any add-ons are required.
Supporting Information
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B. Maintenance, Outages and Upgrades
The vendor must have a way to communicate maintenance, outages or upgrades. The vendor will let OTC know about upgrades prior to installation.
1. As a hosted solution, describe how you would communicate software/system maintenance. 2. As a hosted solution, describe how you would communicate outages and assure all data is recovered. 3. As a hosted solution, describe how you would notify OTC of upgrades, how often they will occur, the content of the upgrade, the installation, allotted time frame, completion, and cost of upgrades.
Supporting Information
1. Describe the redundancy component solution.
System will have C. Redundancy, redundancy Availability 2. Describe the uptime and the availability of component, uptime of and LDAP the system. 99.9% and LDAP Authentication Authentication. 3. Describe the Lightweight Directory Access Protocols and maintenance. Supporting Information
D. Data Storage
System must provide sufficient data storage.
1. Describe the data storage allowable for the catalog and curriculum.
Supporting Information
E. Testing and Production Environment
The solutions must have separate environments for creating and testing purposes.
1. Describe the environments that the systems will be tested prior to launching.
Supporting Information
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1. Describe the process of data integration between the solution and Ellucian Colleague SIS with both the catalog and curriculum.
F. Ellucian Colleague SIS
The solution must integrate and synchronize data with 2. Describe the solution updating process and Ellucian Colleague frequency in Ellucian Colleague SIS with SIS. both the catalog and curriculum.
Supporting Information
2. Set-up – Training – Maintenance Requirements
A. Set-up and Training
Initial set-up must be comprised of vendor support for both the catalog and curriculum process and provide training.
1. Describe the initial set up process with a timeline for both catalog and curriculum. 2. Describe the support you will need from OTC throughout the set up period. 3. Describe the training provided as part of the initial set up both pre and post set-up.
Supporting Information
B. Errors and Bugs
Errors and bugs must be met with immediate attention to alleviate usability of solutions.
1. Describe how system errors and bugs are fixed and how it will affect the usability of the solution with both the catalog and curriculum.
Supporting Information
C. Solution Customization
Customization for catalog and curriculum may be requested after the initial set-up.
1. Describe the process of any customization of the solutions after implementation and identify if any cost is implied or if it is included in the maintenance fee. 2. Describe the limitations of customization for OTC designated staff.
Supporting Information Catalog and Curriculum Solutions RFP
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3. Catalog Requirements
A. Web-based Services
The vendor platform must be a web-based interface.
1. Describe the web-based accessibility and the dynamics of pulling course content to department web pages.
Supporting Information
1. Describe how the catalog presents course data (degrees and courses). Does it include course fees, current course offerings, course numbers, course descriptions, prerequisites, and cross listings. 2. Describe how the solution manages changes (updates, additions, deletions).
B. Catalog Content
The catalog solution must handle course information in a relational manner in the database and must provide student support tools (i.e. admission and degree planning).
3. Describe the filter function if solution has a filter function. 4. Describe the outcome if information is entered that does not align with Ellucian Colleague such as a course code or program acronyms and how to fix it. 5. Describe the catalog’s availability on mobile devices and tablets. Please include a list of devices. 6. Describe the admission and degree planning features.
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Supporting Information
Solution must be content C. Catalog Content Cross aware based on relationship Listed with Approved and cross listed between Curriculum and catalog, approved curriculum Ellucian Colleague and Ellucian Colleague.
1. Describe the continuity between the catalog, approved curriculum and Ellucian Colleague SIS, how the information is transferred and any known problems in this process or features that are not feasible. 2. Describe the process of how changes circulate throughout the catalog and curriculum proposal solution.
Supporting Information
D. Reports
The solution must allow users to run a variety of reports.
1. Describe the reports the catalog can pull from Ellucian Colleague such as degree programs with specific courses, degree audits and certificates. Also describe the ability for students to save and print pages to their portfolios.
Supporting Information
E. Editing and Archives
Catalog and Curriculum Solutions RFP
The solution must provide a structural editing feature to manage catalog content changes.
1. Describe the process of making an edit, the process of making additions and deletions, and how the changes circulate in the catalog. 2. Describe how the solution tracks edits made to the catalog, who initiated the change, who approves the change, when the change was 8 of 28
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made and what action was taken. 3. Describe how the catalog archives the changes and the duration of saved archives. 4. Describe how catalogs are archived from year to year. Supporting Information
F. Workflow and Permissions
The solution must have the capability to set permissions and workflow capabilities.
1. Describe the permission levels and accessibility. 2. Describe the permission workflow process.
Supporting Information
G. Printing
The solution must have a printable feature for the entire catalog, for individual pages and courses.
1. Describe the process of printing a current or archived catalog (Word or PDF). 2. Describe the process of printing individual pages and course information.
Supporting Information
H. Searchable Content
The catalog must have a search feature.
1. Describe how the catalog is searchable, i.e. course, department, degree, or subject.
Supporting Information
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4. Other Catalog Features
A. Other Catalog Features
The catalog solution may provide additional features that were not covered in the catalog requirements above. Please provide additional featured information if not already covered.
Describe other features of benefit if they have not been mentioned.
Supporting Information
5. Curriculum Requirements 1. Describe the integration process with curriculum and the catalog.
A. Integration with Catalog Solution
2. Describe how the catalog data populates in a The curriculum solution must curriculum proposal. integrate seamlessly with the 3. Describe how changes will catalog platform and handle be made throughout the course information in a curriculum. Example: ENG relational manner in the 101 prerequisite changes, database. will the change need to be made several times or only one time, in order for the database to update in all locations?
Supporting Information
B. Forms and Workflow
Catalog and Curriculum Solutions RFP
The solution must provide a methodical process to create, manage and edit curriculum proposals.
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(course revision, program revision) and process to delete a course or program. 2. Describe the process of course or program information when a form is created (i.e. all course list, prerequisite list, program list, form originator (name and email), and how the form is submitted. 3. Describe the dynamics of the forms such as field validation and limited character fields. 4. Describe the workflow process and the number of approval levels allowed. 5. Describe the workflow process when a form is rejected (where does the form retract to, i.e. the originator, the department chair, the dean or a rejected folder) and the degree of control for an administrator. 6. Describe the process to make edits and changes to a proposal and the ability to copy and paste. 7. Describe the process to save a proposal and return to it at a later time. 8. Describe the process and effect if a change needs to be made to a form or workflow during a curriculum cycle.
Supporting Information
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C. User Interface
The user interface must be user friendly and include directions.
1. Describe the process for a faculty member to begin, complete and submit a proposal and the help they would have access to during the process.
Supporting Information
1. Describe the reports the solution provides.
D. Reporting
The solution must provide essential curriculum reporting.
2. Describe how the solution identifies curriculum relationships or impact of a proposed change across curriculum, including prerequisites and degree relationships. 3. Describe how the solution integrates course objectives and outcomes at the course, program and institutional level.
Supporting Information
E. Alerts/Emails
F. Tracking, Comments and Historical Documentation
Catalog and Curriculum Solutions RFP
The solution must have the ability to provide an alert if there are potential conflicts with the cross-referenced data. Also provide a reminder for to complete their tasks.
The solution must track changes, record comments and decisions on curriculum proposals.
1. Describe any alerts function in the solution. 2. Describe alert for conflicts with cross-referenced data. 3. Describe an email notification feature for proposal workflow. 1. Describe how the solution tracks proposal changes throughout the workflow process. 2. Describe how comments and notes are viewed by 12 of 28
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approvers throughout the workflow process. 3. Describe how the solution tracks and identifies the current status of each proposal. 4. Describe how the solution archives old proposals once the new proposals have been approved by curriculum committee. 5. Describe how the solution presents the course abstract once the proposal is approved by the curriculum committee and the print features. 6. Describe the placement of proposals that are not approved. 7. Describe how the solution stores and differentiates the time of the proposals (i.e. fall/ spring).
G. Role Management
1. Describe how the solution sets up role management and any conflicts that may be caused from role changes in The solution must have a role positions at the college once management feature to a proposal is started. assign specific individuals for approval and allow all 2. Describe the process of staff and faculty to review managing users and the proposals prior to committee varying roles in the meeting. workflow. 3. Describe the role and permissions for the administrator of the solution.
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4. Describe if the administrator role is able to push proposals through the workflow process if needed. 5. Describe the process to set up different workflows for different forms. 1. Describe how the document will be available to print, i.e. pdf or docx.
H. Printing
The solution must have the ability to print each curriculum proposal with attached documents.
2. Describe the ability to print the curriculum proposal (original and proposed), attachments, and final abstract. 3. Describe the process if a proposal can be saved and the form (pdf or docx). 1. Describe the agenda generating process.
I. Agenda
Catalog and Curriculum Solutions RFP
The solution must have interactive agenda features to include printing meeting agenda and interactive during meeting.
2. Describe the flexibility of arranging the agenda items. 3. Describe the flexibility for agenda administrator to approve/reject or make changes to, during meeting.
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3 Evaluation Criteria Proposals shall be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Section Categories 2
Points
Requirements
10 points
See Services on page 4
10 points
1. Technology Required Specifications
10 points
2. Set-up – Training –
Services and Scope 2.1 Services
2.2 Required Features and Specifications
Maintenance Requirements 13 points
3. Catalog Requirements
4 points
4. Other Catalog Features
13 points
5. Curriculum Requirements
4
Cost - Solution pricing – Please complete Pricing Form in Section 4.
30 points
Pricing should be provided separately and answered as specified in Section 4.
5
References and Experience
10 points
Provide the name and location, contact name and contact information for 3 references. References should be from current client institutions that have implemented both catalog and curriculum solutions that are similar in size as OTC. Provide company history and experience in Higher Education, years of experience and number of colleges and universities served.
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The vendor must meet all criteria in Section 2.1, 2.2, Section 4 and Section 5. The vendor must provide a breakdown of the total projected cost of the proposed solutions, see Section 4. The pricing page must be submitted with the proposal. Vendor must provide three references where services are provided for catalog and curriculum solutions in higher education institutions and company experience, see Section 5. The references must be submitted with the proposal. The vendor must be a partner of Ellucian. The vendor must provide a detailed projected timeline to complete implementation of the catalog and curriculum solutions. The vendor must comply with delivery requirements as specified in this RFP.
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3.1 Proposal Submission Information 1. Examination of RFP- By submitting a proposal, the proposer represents that it has thoroughly examined the criteria under this RFP and that it is capable of performing quality work that will aid the College in achieving its objectives. 2. Vendor Contacts: a. For Procurement process questions, please contact the Purchasing Department at 417-447-4817 or
[email protected]. b. For all other questions regarding the scope of work for the RFP, please contact Renee Graves at 417-447-8115 or
[email protected]. Vendors must not contact other employees of the College concerning this procurement. 3. Submission of Proposals: The RFP may be obtained electronically at https://otc.ionwave.net/Login.aspx Sealed proposals must be received no later than 4:00 p.m. Central Daylight Time, July 6, 2015 at the office of: J’Neal McCoy College Director of Procurement 1001 E Chestnut Expressway Suite 204A Springfield, MO 65802 Proposals must be priced, signed, SEALED, and received in the College Purchasing Office by the closing date and time specified. Any proposal received by the Purchasing Office after the exact closing date and time specified will not be opened and will not be evaluated regardless of the reason(s) or mitigating circumstances related to its lateness or degree of lateness. Submissions may also be made electronically through Ionwave. Neither a facsimile nor an e-mail transmission is an acceptable response to this RFP. a. RFP Pages: At a minimum, the vendor must sign and return the RFP cover page or, if applicable, the cover page of the last amendment thereto, in order to constitute acceptance by the vendor of all RFP terms and conditions. Failure to sign and return the cover page of the RFP, all amendments thereto, and the required pricing information may result in rejection of the vendor’s proposal unless the vendor’s full compliance with all provisions of the entire RFP, all amendments, and RFP pricing pages is indicated elsewhere within the vendor’s response. b. Open Records Law: The vendor is hereby advised that, upon completion of the evaluation process, all proposals and associated documentation will be made public pursuant to the “Open Records” law of the State of Missouri (RSMo 610.021). Please do not include statements of confidentiality or proprietary information in your proposal. All proposals are required to become a matter of public record according to state law. Allowable exclusions under state law are “software codes for electronic data processing and documentation thereof” and “records relating to scientific and technological innovations in which the owner has a proprietary interest.” Catalog and Curriculum Solutions RFP
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4. Official Position: The vendor is advised that the official position of the College is that position which is stated in writing and issued by the Purchasing Office as a Request for Proposal and any amendments thereto. No other means of communication, whether oral or written, shall be construed as a formal or official response or statement. 5. Evaluation Process: Any contract award resulting from this request shall be made following the evaluation of all proposals which are responsive to the terms, conditions, and provisions of the Request for Proposal. The comparative assessment of the relative benefits and deficiencies of a proposal in relation to the published evaluation criteria will be made using subjective judgment. The College will be the sole judge as to the acceptability, for our purposes, of any and all proposals. Proposals will be evaluated according to the evaluation criteria stated below: a. Cost
30%
b. Services and Scope
60%
c. References and Experience
10%
c. Oral Presentation: After an initial screening process, the vendor may be requested to make an oral presentation of his/her proposal to selected College personnel to clarify or verify the vendor’s proposal and to assist the College in developing a comprehensive assessment of the vendor’s proposed system. If such a presentation is deemed necessary, the vendor will be so notified by the Purchasing Office. d. Demonstration: The College reserves the right to require a demonstration of the proposed system/software prior to award of a contract. If a demonstration is deemed necessary, the College and the vendor will schedule a mutually agreed upon date and location for such demonstration. e. Negotiation: The College reserves the right to negotiate with selected vendors if deemed necessary and in the best interests of the College. Vendors are cautioned, however, that an award decision may be made without negotiation, based on the prices and terms of a vendor’s original proposal. f. Vendor’s Responsibility: The vendor is cautioned that it is the vendor’s sole responsibility to submit information related to the evaluation categories identified herein and that the College is under no obligation to solicit such information if it is not included as part of the vendor’s proposal. Failure to submit such information may cause an adverse impact on the evaluation of the vendor’s proposal. g. Conformity with Specifications: Any deviations from the requirements of this Request for Proposal must be set forth in detail as part of the vendor’s proposal. The College may, at its sole discretion, waive minor informalities or irregularities which do not materially affect the overall proposal. Catalog and Curriculum Solutions RFP
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h. Specification Interpretation: In the event of a difference of opinion between the vendor and the College as to the meaning of any provision in these specifications, the decision of the College shall be final and without recourse. i. Contract Award: Any award of a contract resulting from this RFP will be made only by written authorization from the College’s Purchasing Office and shall be subject to approval by the College’s Board of Trustees. The College reserves the right to reject all proposals and not award a contract as a result of this Request for Proposal. “By virtue of statutory authority, a preference will be given to materials, products, supplies, provisions and all other articles produced, manufactured, made or grown within the state of Missouri.” RSMo. § 34.060. 6. Proposal Response Format: Proposals should be prepared as simply as possible and should provide a straightforward, concise description of the capabilities of the proposed software/system to satisfy the requirements of the RFP. Emphasis should be concentrated on accuracy, completeness, and clarity of content. All parts, pages, etc., of the proposal should be numbered and clearly labeled. The proposal should be organized into sections, which correspond with the main headings and subject areas identified herein and all material and information related to each identified section should be included therein. The signed page one from the original RFP and all signed amendments should be placed at the beginning of the vendor’s proposal. a. Specific Proposal Information: The vendor is strongly encouraged to reply to the information requested in this RFP to assist the College in effectively evaluating each vendor’s proposal. Information should be included about the vendor and about the proposed system/software that will be useful in identifying and comparing the features and capabilities associated with each proposed application. Failure to use Part Two to provide the specific requested information may adversely impact evaluation of the vendor’s proposal. 7.
Pricing Requirements: The vendor must submit a comprehensive, detailed pricing proposal, which includes all applicable costs. To the extent possible, the vendor should utilize the pricing page format provided as Part Four to this RFP. Any pricing information not specifically identified in the vendor’s pricing proposal shall be considered by both the vendor and College to be included within the prices stated in such proposal. a. All pricing must be itemized and must include all costs (e.g., license fees, modifications, travel and per diem, consulting services, installation, documentation, etc.). b. The vendor must specifically identify which training is included in the price and must also list training available at an additional cost, the cost of such training, etc., as requested on the pricing page format.
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c. For each applicable pricing item, the vendor must indicate if the cost is one-time, annual, or other (indicate the frequency). In the event the product or service is provided at no additional cost, the item should be noted as “no charge” or words to that effect. d. The vendor is requested to specify the product and provide a price list for any optional products, which are available to enhance the performance of, or provide unique growth opportunities for, the proposed system. e. Prices quoted by the vendor must remain valid for a minimum of one hundred twenty (120) days from the date proposals are opened. If the vendor’s proposal is accepted, prices shall remain as stated throughout implementation of the proposed system/software. f. Any cost and/or pricing data submitted by the vendor or related to the vendor’s proposal shall be subject to evaluation if deemed in the best interests of the College. 8. Additional Terms and Conditions: Since any resultant contract will consist of (1) the Request for Proposal (RFP) document, including the Terms and Conditions attached hereto as Attachment #1, (2) any amendments to the RFP, (3) the vendor’s response to the RFP, and (4) any additional terms and conditions mutually agreed upon by the parties during the negotiation process, the vendor must provide as part of his/her proposal specific, detailed information regarding any additional terms and/or conditions associated with the proposed products/services which the vendor expects the College to accept and/or comply with if the vendor is awarded a contract. The vendor’s proposal must be a complete package and must contain all information to be considered by the College in evaluating the vendor’s response to this Request for Proposal. However, the vendor is cautioned against submitting additional terms and conditions which conflict with the requirements of this Request for Proposal. 9. Training: The contractor should provide training documentation for successful support and operation of the system. 10. Warranty: The contractor must provide a one-year warranty to include software upgrades, revisions, etc. The warranty shall commence upon written College acceptance of the software system. 11. Software Maintenance: The contractor must provide annual maintenance upon expiration of the initial warranty period. At a minimum, the maintenance shall include telephone support, software upgrades, and revisions. 12. Telephone Support: The contractor must provide telephone support normal business hours Monday through Friday from 8:00 a.m. through 5:00 p.m. central time, excluding College holidays. The contractor shall provide a toll free telephone number for support.
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4 Solution Pricing Provide the following information in this RFP response: 1.
Complete the summarized cost schedule below and clearly describe the catalog and curriculum service and support and maintenance components Ozarks Technical Community College will be required to purchase to affect a complete solution.
2.
A summarized schedule of additional cost items and hourly charges outside of the initial implementation. Provide examples.
3.
A detailed schedule of all software proposed for this project.
4.
A detailed schedule of all software support costs whether one-time or annual.
5.
A detailed schedule of all software maintenance costs whether one-time or annual.
6.
A copy of vendor’s standard end-user license agreement.
7.
A copy of vendor’s standard software maintenance and support agreement.
8.
A future-oriented schedule detailing possible expansion pricing scenarios.
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Pricing Software Licenses and Hosting – Based on FTE of 10,046 Catalog Solution
Cost
Initial License Yearly Hosting, Support and Upgrades
Curriculum Solution Initial License Yearly Hosting, Support and Upgrades
Professional Services Catalog consulting and training Curriculum consulting and training Additional cost per hour for Professional Services outside of initial implementation Total Cost
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5 References and Experience Provide the name and location, contact name and contact information for 3 references. References should be from current client institutions that have implemented both catalog and curriculum solutions that are similar in size as OTC. Please summarize vendor history and experience in higher education to include years of service and number of colleges and universities served. References College Contact Name Name/Location
Telephone
Email Address
Number of years with client
1.
2.
3.
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6 General Contractual Requirements 1. Contract Price: All prices shall be as stated in the contract. The College shall neither pay nor be liable for any costs including, but not limited to, taxes, shipping charges, insurance, interest, penalties, termination payments, attorney fees, liquidated damages, etc. The contractor shall be paid installation costs and/or maintenance/repair costs provided that such costs are specifically quoted in the contract. Failure to quote costs for installation and maintenance/repair shall not relieve the contractor from his/her responsibility to maintain, install and/or repair all items, and any related costs for the service shall be considered by both the contractor and the College to be included within the price(s) stated in the contract. 2. Contract Documents: The contract between the College and the contractor shall consist of: (1) the Request for Proposal (RFP), including the Terms and Conditions attached thereto, (2) any amendments to the RFP, and (3) the contractor’s response to the RFP. The College reserves the right to clarify any contractual relationship in writing with the concurrence of the contractor, and such written clarification shall govern in the event of a conflict with the applicable requirement(s) stated in either the RFP or the contractor’s response. In all other matters not affected by the written clarification, if any, the RFP shall govern. 3. Amendments to Contract: No modification of any provision in the contract shall be made or construed to have been made unless such modification is mutually agreed to in writing by the contractor and the College’s Purchasing Office and incorporated in a written amendment to the contract approved by the College’s Purchasing Office prior to the effective date of such modification. 4. Indemnification: The contractor shall defend, indemnify, and hold the College harmless from and against all claims, losses, and liabilities arising out of personal injuries, including death, and damage to property which are incurred by any party as a result of services provided by the contractor pursuant to the contract. 5. Contractor Liability: The contractor shall be responsible for any and all injury or damage as a result of the contractor’s negligence involving any equipment or service provided under the terms of the contract. In addition to the liability imposed upon the contractor on account of personal injury, bodily injury (including death), or property damage suffered as a result of the contractor’s negligence, the contractor assumes the obligation to save the College, and any agents or employees thereof, from every expense, liability, or payment arising out of such negligent act. The contractor also agrees to hold the College, and any agents or employees thereof, harmless for any negligent act or omission committed by any subcontractor or other person employed by or under the supervision of the contractor under the terms of the contract. However, the contractor shall not be responsible for any injury or damage occurring as a result of any negligent act or omission committed by the College.
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6. Insurance Requirements: The contractor must understand and agree that the College cannot save and hold harmless and/or indemnify the contractor or the contractor’s employees against any liability incurred or arising as a result of any activity of the contractor or any activity of the contractor’s employees related to the contractor’s performance under the contract. a. Therefore, the contractor must have and maintain, at the contractor’s expense, adequate liability insurance to protect the College and the general public against any loss, damage and/or expense related to the contractor’s performance under the contract. The insurance coverage shall include, but need not be limited to, the following coverages in the amounts specified. Such insurance must indemnify the College to the fullest extent possible under the laws of the State of Missouri. b. Commercial General Liability Coverage, comprehensive form, including product liability, with the following limits of liability: Bodily Injury:
$2,000,000.00 each person $2,000,000.00 aggregate $5,000.00 medical each person
Property Damage:
$2,000,000.00 each accident
Automobile Public Liability and Property Damage with the following limits of liability:
Bodily Injury:
$2,000,000.00 each person $2,000,000.00 each accident
Property Damage:
$2,000,000.00 each accident
c. Written evidence of the required insurance coverage must be submitted before or upon award of the contract. Such policy(ies) shall name the Board of Trustees of Ozarks Technical Community College, its officers and employees, as additional named insureds. In the event that the insurance coverage is canceled, the College must be notified immediately. d. The contractor understands and agrees that the insurance required under the terms of the contract in no way precludes the contractor from carrying such other insurance as may be deemed necessary by the contractor for the operation of the contractor’s business or for the benefit of the contractor’s employees. e. Notwithstanding any other provision of the contract to the contrary, no insurance procured by contractor shall be construed to constitute a waiver of any sovereign Catalog and Curriculum Solutions RFP
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immunity as set forth in section 537.600 et seq., MO. REV. STAT., or any other governmental or official immunity, nor provide coverage for any liability or suit for damages which is barred under said doctrines of sovereign, governmental or official immunity available to the College, its Board of Trustees, officers or employees, nor constitute waiver of any available defense; and neither shall such insurance provide coverage for any sums other than those which the College, its Board of Trustees, officers or employees may be obligated to pay as damages. The contractor shall cause all policies of insurance related to this RFP to be endorsed in accord with this subparagraph. The contractor shall further require the upper limits of coverage of such policies to be adjusted on an annual basis to be at least equal to the limits of liability set forth in section 537.610.2 and 537.610.5, MO. REV. STAT., as amended from time to time. 7. Contractor Status: The contractor represents himself or herself to be an independent contractor offering such services to the general public and shall not represent himself/herself or his/her employees to be employees of the College. Therefore, the contractor shall assume all legal and financial responsibility for taxes, FICA, employee fringe benefits, workers compensation, employee insurance, minimum wage requirements, overtime, etc., and agrees to indemnify, save, and hold the College, its officers, agents, and employees, harmless from and against any and all loss, cost (including attorney fees), and damage of any kind related to such matters. 8. Bankruptcy or Insolvency: Upon filing for any bankruptcy or insolvency proceeding by or against the contractor, whether voluntary or involuntary, or upon the appointment of a receiver, trustee, or assignee for the benefit of creditors, the contractor must notify the College Purchasing Office immediately. Upon learning of the actions identified herein, the College reserves the right, at its sole discretion, to either cancel the contract or affirm the contract and hold the contractor responsible for damages. 9. Communications and Notices: Any written notice to the contractor shall be deemed sufficient when deposited in the United States mail, postage prepaid; or hand-carried and presented to an authorized employee of the contractor at the contractor’s address as listed on the signature page of the contract or at such address as the contractor may have requested in writing. 10. Assignments: The contractor shall not transfer any interest in the contract, whether by assignment or otherwise, without the express prior written consent of the College. Any assignee shall be bound by the terms and conditions of the contract, and the contractor shall require written agreement to such terms and conditions by any assignee. 11. Waiver: The contractor understands and agrees that failure by either the College or the contractor to require performance by the other party of any provision contained herein or in the contractor’s proposal shall not be deemed a continuing waiver of such provision or a waiver of any other provision of the contract. 12. Inventions, Patents, and Copyrights: The contractor shall defend, protect, and hold harmless the College against all suits of law or in equity resulting from patent and Catalog and Curriculum Solutions RFP
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copyright infringement concerning the contractor’s performance or products produced under the terms of the contract. 13. Titles: Titles of paragraphs used herein are for the purpose of facilitating reference only and shall not be construed to infer a contractual construction of language.
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7 Supporting Materials List any additional supporting materials included with Vendor’s RFP response and attach these materials for review.
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