request for proposals


Jun 25, 2013 - Support methodology. • Response to Functional Requirements. • Response to Technical Requirements. • Implementation complexity. (5...

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NOTICE REGARDING SUBMISSION OF RESPONSE TO THIS RFP The district recommends you either hand deliver the RFP response to the address in the RFP document or have it delivered by a courier type service such as FedEx or UPS, etc. with a recipients signature and documented time of delivery. The US Postal service mail goes to our warehouse to be processed before delivery to the departments and the response is not considered received until it comes to the IISD Purchasing office Suite 1750 2621 W. Airport Frwy Irving, TX 75062 That means you may mail the response in time but it may not be received in the purchasing office in a timely fashion and therefore be rejected.

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IRVING INDEPENDENT SCHOOL DISTRICT PURCHASING DEPARTMENT 2621 West Airport Freeway IRVING, TX 75062 PHONE: (972) 600-5440 FAX: (972) 215-5442 This is NOT AN ORDER. It is an invitation to bid or propose. Request for Proposals - RFP #13-25 Records Management and Tracking System This is a Request for Proposals as defined in Texas Education Code Chapter 44. SUBMIT ONE ORIGINAL AND TWO COPIES OF PROPOSAL unless otherwise indicated in the

specifications. To respond, mark package RFP #13-25 Records Management and Tracking System and submit to the Purchasing Office address at the top of this form by not later than 1:00 PM, June 25, 2013: Submit to: Rick Powell, Director of Purchasing Irving ISD 2621 West Airport Freeway, Suite 1750 Irving, TX 75062 Any submissions of information or documents to Irving ISD (District) pursuant to this RFP is deemed public information by the District unless the Director of Purchasing of the District is noticed by the enclosed form and the vendor has followed the process outlined on the form. Failure to follow the process outlined in the enclosed forms may cause your proposal to be rejected as nonconforming. The right is reserved to accept or reject each item separately or as a whole. District reserves the right to reject any or all bids or proposals and to waive any informality. Any reference within the following pages of this document to bid, Request for Proposal (RFP), Competitive Sealed Proposal (CSP) could be technically inaccurate but should be construed to mean and are used interchangeably as the designated legal method of procurement listed at the top of this page. It is the responsibility of the vendor to monitor the Irving ISD's website at http://irvingisd.net/education/components/whatsnew/default.php?sectiondetailid=18103& for any addenda to the RFP. Failure to follow any posted addenda may render your proposal non-responsive. No order is valid under an award resulting from this procurement process until a valid Purchase Order is issued to the vendor. IRVING INDEPENDENT SCHOOL DISTRICT By: Richard Powell, Director of Purchasing [email protected] ______________________________________________________________________________ You are representing to Irving ISD that you are authorized to submit this proposal by signing below. Proposal submitted: (Circle one) YES NO BID Company Name: _________________________________Address______________________________ City___________________________ STATE___________ ZIP________________________ Signature of authorized representative __________________________________Date_________ Printed name___________________________________Email___________________________ Phone ( )______________________ Fax ( )_______________________ Vendors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. Bidder certifies that the company complies with Executive Order 11246, entitled “Equal Employment Opportunity”, as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations. Page 2 of 35

FAILURE TO PROPERLY COMPLETE THIS FORM AND SUBMIT WITH YOUR RESPONSE MAY RESULT IN A WAIVER OF YOUR RIGHTS UNDER THE LAW TO MAINTAIN CONFIDENTIALITY TREATMENT OF SUBMITTED MATERIALS.

____________________________________________________________________ CONFIDENTIAL INFORMATION SUBMITTED IN RESPONSE TO COMPETITIVE PROCUREMENT REQUESTS OF IRVING ISD IS GOVERNED BY TEXAS GOVERNMENT CODE, CHAPTER 552 If you consider any portion of your proposal as confidential information and not subject to disclosure pursuant to Chapter 552 Tex Gov’t Code or other laws, you must make a copy of all claimed confidential materials within your proposal and put this COMPLETED form as a cover sheet to said materials and place this completed form and the copied materials in a separate envelope and include the confidential materials envelope with your proposal submission. (The envelop will not be opened unless a Public Information Request is made. You must include the confidential information in the submitted proposal as well, the copy in the envelope is to show IISD which material in your proposal you deem confidential only in the event of a Public Information Request.) You must place the following wording that is between the dotted lines on the outside of the envelope containing the copies of the confidential materials. You may copy, complete and affix the following to the envelope containing the copies of the confidential materials. Irving ISD will follow procedures of controlling statute(s) regarding any claim of confidentiality. Pricing of solicited product or service may be deemed as public information under Chapter 552 Tex Gov’t Code. _________________________________________________ _ __________ This envelop contains material from our proposal that I classify and deem confidential under Texas Gov't Code Sec. 552 and I invoke my statutory rights to said confidential treatment of the enclosed materials: ______________________________________________________________________________________ Name of company claiming confidential status of material ______________________________________________________________________________________ Printed Name and Signature of authorized company officer claiming confidential status of material ______________________________________________________________________________________ Address City State ZIP Phone ENCLOSED ARE COPIES OF _______ PAGES OF CONFIDENTIAL MATERIAL FROM OUR RESPONSE TO RFP #13-25 _________________________________________________ _ __________

Express Waiver: I desire to expressly waive our claim of confidentiality of any information contained within our response to the competitive procurement process by completing the following and submitting this sheet with our response to Irving ISD procurement process (e.g. RFP, CSP, Bid, RFQ etc). ______________________________________________________________________________________ Name of company expressly waiving confidential status of material

______________________________________________________________________________________ Printed Name and Signature of authorized company officer expressly waiving confidential status of material

______________________________________________________________________________________ Address

City

State

ZIP

THIS EXPRESS WAIVER IS FOR RESPONSE TO: RFP #13-25 Page 3 of 35

Phone

REQUEST FOR PROPOSAL RFP #13-25

RECORDS MANAGEMENT AND TRACKING SYSTEM

DUE DATE:

1:00 PM, June 25, 2013 local time If this timeline is not adequate or a pre-proposal conference is desired by the vendor, please make the request for either to [email protected] Deliver to: Purchasing Department Suite 1750 Administration Building 2621 W. Airport Freeway Irving, TX 75062-6020 972-600-5440 Or mail to: P.O. Box 152637 Irving, TX 75015-2637

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REQUEST FOR PROPOSAL #13-25

Records Management and Tracking System I.

INTRODUCTION The Irving Independent School District (IISD) serves approximately 35,000 students and employs approximately 4,500 full-time and part-time employees. The District is governed by an elected seven (7) member Board of Trustees who appoints a Superintendent to manage the daily operations. The District consists of 44 locations. There are 3 early childhood centers, 20 elementary schools, 7 middle schools, 4 high schools, plus 10 support facilities. Budget The district expects to spend less than $100,000.00 for this solution but will remain open to offers exceeding this amount if the solution provides best value to the district. Term The term of the agreement will be determined in the negotiation process subject to the proposals and designed to meet the needs of the district. The term for utilization of the Records Management and Tracking System is desired to be multi- year and the licensing, if required, should be proposed to meet this need. The minimum term would be 3 years with optional extension periods of one year or more after the initial term of the implementation. Existing Condition Irving ISD currently follows the retention set forth by the Texas State Library and Archives Commission. There are four retention schedules: Local Schedule SD (Records of Public School Districts), GR (Records Common to all Local Governments), TX (Property Taxation), and EL (Records of Elections). The District implemented Munis, ERP Financial Software, approximately 8 years ago. July 2010 the District implemented Tyler Content Manager (TCM) Enterprise Edition, ECM Software, in conjunction with Munis. Student data are maintained through eSchoolPlus. Below are the software packages the District is using to manage multiple data sources. While we don’t require that the proposed system consolidate this management, any proposal outlining an ability to do so will be considered favorably within budget constraints. Tech Services DPM1

Instructional Tech iTech

Instructional Services TechWiki

Business Office

Overall

Other

OnBase

Badge System

DPM2

Textbooks

GradeSpeed

Kronos

FitnessGram

TreX

TechFusion

Munis Business Objects Munis Employee Self Service PSSt

Enterprise Vault All Home Directories VPN

Student System eSchoolPlus

ArcGIS

NursesAide

Eduphoria

AutoAudit

IEPPlus

AdminShares

FS-Raptor

TCM

Blackbaud(ISF)

TSVeeam

Central_PRG

Internal Audit February 2008 an internal audit noted deficiencies in the District’s records management process. Based on a process review and observations, it appeared that the district’s method of managing records did not ensure compliance with the Local Government Code and the Texas State Library and Archives Commission’s (TSLAC) retention schedule. The following exceptions relating to the records retention were noted: • Documents could not be located or were destroyed prematurely. Page 5 of 35

• • •

Document retrieval was difficult and time-consuming. Tracking the placement of stored records is not required, which resulted in multiple locations being searched. Documents were not properly stored and identified. Documents contained in the boxes did not always agree with the description written on outside of the box. In addition, boxes contained documents crossing multiple fiscal years. The destruction date on the boxes did not comply with the retention schedule of the TSLAC (ex; exceeded the required retention time).

Recommendations Provided by the Internal Audit: Implementation of a standardized system which could increase the efficiency of the records management process, decreases the number of misplaced or lost documents, support good customer service and reduce the labor costs of pulling documents. The following are examples of procedures which could protect the Records Management Officer (or designee) to: • Maintain a database of all records stored in the central warehouse. This could be accomplished by the assigning of a unique identifier (numeric/alphanumeric) to each box. The data base could contain the information such as: o Location/Organization Number, o School Year, o Records type as defined by TSLAC, o Destruction Date (as determined by the Records Management Officer), and o Location in Central Warehouse • Create a system to track any boxes moved from the central warehouse. • Notify central warehouse of the boxes scheduled for destruction. Internal Audit also recommends that the disposition log be distributed to all district personnel and monitored by the Records Management Officer (or designee). This will aid in tracking records destroyed or disposed of within (onsite) the department or at campus. In addition, the log should require a detailed description of the documents. For example, “old files” from a campus could mean student cumulative files, financial files (related to activity funds) or personnel files which, depending on content, would have different destruction dates. Vague descriptions (i.e. old files, routine, old papers) could place the district at risk of inappropriately (or prematurely) destroying records.

Various goals have already been set by the district to resolve items outlined in the audit such as: • Systematic control of recorded information from original creation to ultimate disposition • Implementation of staff access to an arrangement of documented procedures for the proper file handling within the Irving School District. • Have already begun to address the purging, retention and transfer of records between district facilities and/or departments i.e. elementary to secondary campuses, or to district warehouse services. • Protocols are being developed specific to the exchange of records between locations and/or departments requiring sender to identify the record type; retention destruction date; Sender/Recipient names; and verification signatures.

Gap Analysis and Recommendations A records management gap analysis was conducted in May 2011. A cross-section of district staff were interviewed to evaluate the record keeping habits across all Irving ISD business units and establish priorities in response to deficiencies identified. During the evaluation of the ISD departments, various gaps were discovered in the departments regarding the types of records being kept, filing methods and ability to identify the handling practices for the life cycle of the records. Departments have developed their own methods of handling records and this has promoted possible hoarding of information needed by other staff thus forcing them to create duplicate files. Proper circulation and tracking of district records in and out of central file areas are needed in order to meet regulatory requirements. Records that are subject to privacy regulations need to be identified along with procedures on the proper handling of sensitive information in order to meet compliance standards. The following recommendations come from our review of the IISD business unit’s records and information management interviews. Page 6 of 35

1.

When transfer of records occurs, files need to be tracked during the transition. Interoffice mail is not the best method, process should be reviewed by RM department with new procedures that include specific RM staff handling and all confidential information contained in sealed envelopes or locked file boxes. All files should be tracked in some type of RM program showing time and date of transfer along with receiving to reduce lost or misplaced files. RM program would also incorporate file requesting procedures with pull lists and sign off on pick lists by persons moving files.

2.

District procedures, applicable to all locations, should be established and implemented for consistent management of files and records. To include such tasks as file handling, checking files in and out, securing and storing files.

3.

Inactive records sent to records storage facilities need to be tracked. Manifest lists of box contents and official transfer forms should be established.

4.

Some business units have been following retention schedules and performing destruction. Each has a different process and method of destruction. All destruction should be forwarded or coordinated by the Records manager. A certificate of destruction, details regarding file types and box contents must be tracked and kept permanently by the records manager to support legal requests should they arise. As noted in the interviews, some business units are holding records and have never performed any type of purge or destruction. Varieties of records were stored from as far back as 1989, these boxes also had comingled contents and would require review and separation before retention and disposition could be performed.

5.

Student files should be managed consistently across all business units and the following steps to consider moving forward, each campus needs to ensure that the central filing areas that contain student files are in secured locked cabinets or rooms. Complete copies of student records should be requested through the Records manager for tracking and charging for copy services. (Chargeback feature would be optional). Reviewing of student files to purge non permanent transitory data before transitioning to secondary schools, at withdrawal or post graduation or to centralized storage facility. Transferring records to other IISD schools should not be handled with standard interoffice mail; this includes the transfer of inactive records that should be monitored at all times. Develop methods for special program records to be returned and maintained with the cumulative student files. Student files should be managed via RM tracking program preferably with barcode tracking, at the least out cards to manage files checked out and who has them as well as a checkout log. Perform annual audits prior to the October cut off day to ensure each active, enrolled student has a cumulative folder on campus Perform inventories of inactive student files stored at campus facilities. Inactive student folders shall be filed alphabetically by date (year) of withdrawal. A student list should be maintained with the records.

• • • • • • •

6.

Inactive Special Education Records • • • •

Install and maintain an RMS program. Imports of excel logs with existing records data into RMS program. Start labeling and bar-coding files as they arrive, or as they are checked out. When preparing boxes for destruction a manifest list of contents needs to accompany the process so that it can be attached to the destruction certificate. (applicable across the district)

13. Archived records storage •

Perform a box audit of approximately 2,400 boxes of records currently stored at central warehouse. Identify records; apply classification retention codes; re-box and label. A database should be maintained to track all records received, stored and purged.

Develop Best Practices for Business E-mail Irving ISD is currently experiencing inconsistent business e-mail management practices across the organization, due to lack of corporate standards as well as training with respect to corporate expectations of long-term e-mail storage and Page 7 of 35

archiving. Some business units are very pro-active in migrating business e-mail to appropriate shared network storage locations, while others are letting messages aggregate uncontrollably inside their MS Outlook e-mail client environments. It is also essential for all Irving ISD employees to recognize that all business-related e-mail sent and received at Irving ISD may constitute Irving ISD business records, depending on their respective relevance according to the corporate RM program and their identification as the master or source version of that message to Irving ISD. Proper e-mail management will allow Irving ISD to easily migrate messages from their e-mail client (MS Outlook) to designated; appropriate electronic records storage locations within an electronic content management (ECM) system. As a result, the message will become available for suitable access sharing across a team or business unit yet still would be managed by automated records governance rules. Current versions of ECM software also offer automated e-mail messages redundancy checking to avoid storage of masses of duplicate e-mail messages within the corporation. PROJECT OVERVIEW Irving ISD is looking for a solution to achieve the following: • • • • • • • • •

Facilitate organizational accountability for records management. Compliance with legal and regulatory requirements. Reduce business risk associated with information management. Manage information more efficiently. Improve timely access to accurate information. Improve office facility and workspace management through better use of information storage resources (both physical and digital space). Reducing direct and indirect overhead costs (floor space, employee time, equipment and supplies). Simplifying external and internal auditing. Improving organizational response to legal disputes.

Additionally, business records must be identified properly so that appropriate records retention and information security rules can be applied. • Uniform approach to hard copy records enhances district access to information. • Allows lifecycle identification on labeling, including retention, privacy/security, and vital records protection considerations • Creates standard retrieval approach using color coding • Ability to locate and access files at a glance • Near-elimination of misplaced or lost files by using color coded labels • Identify record series and record classification • Create inventory of district records (file plan) • Allow circulation tracking through bar-coding technology • Create foundational knowledge of records practices that can be built upon through e-records initiatives • Improved tracking through the use of barcodes or other tracking technology. Project Objectives Manage Physical Records Robust system capable of tracking records User friendly Meet records management compliance Save time No lost records Demonstrations may or may not be required. Vendors will be contacted if a demo is desired. Response Format: The following outline should be followed when responding to the RFP: •

Executive Summary Page 8 of 35

• • • • • • •

Vendor Profile Functional Requirements Technical Requirements Implementation and Support Training Pricing Appendices containing any additional/supporting information

Please submit the response in PDF or Microsoft Word format. Responses to all questions received will be returned to all vendors. Vendor names, where mentioned, will be left out. Each proposer shall furnish the information required by the RFP. Proposals signed by someone other than an officer or partner of the firm are to be accompanied by evidence of authority to sign the proposal. The proposer must be in good standing with all state and federal agencies and submitting a proposal is the vendor’s certification of same. IV.

EVALUATION CRITERIA Selection will be made on the basis of the criteria according to Chapter 44 - § 44.031 of the Tex Educ Code. The best responsive proposal will be selected based on the following criteria. Selection of at least two firms for interviews may possibly be included as part of the evaluation process.

(I) the purchase price; Discounts and other provided pricing as required in the RFP will be used to evaluate. (30%) (2) the reputation of the vendor and of the vendor's goods or services; References, Organization’s experience in this market and other district knowledge may be used to evaluate. (10%) (3) the quality to which the goods or services: (5%) (4) the extent to which the goods or services meet the district's needs: (40%) • • • •

Support methodology Response to Functional Requirements Response to Technical Requirements Implementation complexity

(5) the vendor's past relationship with the district: (0%) considered but determined not relevant to this procurement because we have never purchased a similar system. (6) the impact on the ability of the district to comply with laws and rules relating to historically underutilized businesses; See district supplied forms and information in this document. (10%) (7) the total long-term cost to the district to acquire the vendor's goods or services; software and hardware requirements provided by the district outside this procurement but required to make system work, staff training time and methodologies and any other factor incurring soft or hard long term costs. (1%) V.

Vendor Profile

1.

Vendor Experience and Qualifications Please provide a brief (1-2 paragraphs) background of your organization, including the year you were founded.

2.

Please provide a brief (1-2 paragraphs) background of the solution you are proposing.

3.

If you company discontinues support for your solution, what provision is made for the district to continue the use of the product?

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Vendor Strategic Partnerships Personnel 1.

1.

Provide the average employee tenure for your Technical Support team.

Competitive Analysis Please list any of the relevant, independent analyst reports and rankings validating your solution within the market. For example, Gartner Magic Quadrant for ECM, Forrester Wave for ECM Suites, Butler Group, or the CMS Watch ECM Suites Report (Real Story Group).

2.

Describe what generally differentiates you from your key competitors.

3.

Describe your market share in the ECM space.

1.

References How many organizations have implemented your solution overall?

2.

How many organizations sold are still running your solution with an active maintenance and support contract (lifetime customer retention)?

3.

Provide the name of the oldest, active customer of your solution.

4.

How many organizations have implemented your solution in the past fiscal year?

5.

How many customers were added in the past three (3) fiscal years?

6.

Please describe the customer industries you service.

7.

Please provide information in relation to five (5) Texas governmental customers who have implemented your solution. Include company name, company contact and phone number, location, inception date, and solution specifics.

IMPLEMENTATION AND SUPPORT 1.

Implementation Describe your implementation processes and procedures.

2.

Describe the roles and responsibilities the vendor will have during an implementation.

3.

Describe the roles and responsibilities the customer will have during an implementation.

4.

Provide a sample of the structured project implementation plan utilized.

5.

Describe the number of customer resources necessary for ongoing maintenance of the system.

6.

Describe the number of environments (test, production) supported in an implementation of your system and the cost of each.

1.

Technical Support Describe your technical support organization and structure. Page 10 of 35

2.

How many support centers do you operate?

3.

What hours is your Technical Support department available?

4.

Describe how support issues are logged.

5.

Describe the designated support representative that will be assigned.

6.

Provide a means to check the status of an issue on line.

7.

Detail your problem escalation procedure.

1.

Software Support When was the first version of your solution released?

2.

Describe how consistently new versions of the software are released.

3.

Describe how software changes or enhancements are incorporated into a release.

4.

Explain how long a release is maintained.

5.

Detail the software license costs or upgrade costs typically incurred with an upgrade to a new release.

TRAINING 1.

Describe the training that is available to the customer’s personnel and if it is available on site.

2.

Provide a train-the-trainer technique within your training offerings.

3.

Provide web enabled training courses and tutorials. If yes, what are the fees associated with these courses?

4.

Offer full array of live interactive training (including solution certification) via the internet, thus minimizing end-user’s need for travel and additional travel-related expenses for training.

5.

Describe subscription based training services available, providing our organization with on-demand, online training for one price.

PRICING 1. Please describe your solutions pricing model. (Renewals, maintenance, licenses, upgrades) 2.

Describe how your software licensing model promotes multi-departmental adoption and enterprise growth?

3.

Describe how you price your software in terms of client access licenses.

4.

Describe additional test and development environments provided. What are the costs to license these environments – both software and maintenance?

5.

Using a separate appendix, please provide a software cost summary.

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6.

IX.

In situations where there must be guaranteed access (ex. departmental budgets), describe how the system administrator is able to hold a specific number of licenses for different features such as logging into the system, importing documents, or using Workflow for specific user groups. AWARD OF CONTRACT A. A contract, if any, will be awarded to the best responsive proposer whose proposal provides the District with the best value determined by evaluation criteria listed in Section IV hereof. To be considered responsive, a proposer should sufficiently and adequately address all requirements and specifications of the RFP. If the vendor requires a contract in addition to a Purchase Order, this RFP, in its entirety, shall be incorporated by reference as well as the vendor’s response and the terms and conditions set forth herein shall control unless agreed by the parties in writing. Vendor should submit a sample contract document with the vendor’s terms and conditions for review by the district. Vendor should submit a proposed implementation timeline and district’s required participation with personnel.

X.

QUESTIONS Any questions may be directed by the deadline of June 18, 2013 to: Please submit questions by email. If no email, please call the number below for instructions. Rick Powell Director of Purchasing Irving ISD Irving, TX Phone: 972-600-5440 [email protected]

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INSURANCE AND INDEMNITY PROVISIONS If more restrictive requirements are within the project specifications, most restrictive requirements control. A.

Prior to approval of this contract/agreement by IISD, the vendor shall furnish a completed Standard Certificate of Insurance to the Risk Manager, which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. IISD shall have no duty to pay or perform under this contract or agreement until such certificate shall have been delivered to the Risk Manager, and no officer or employee shall have authority to waive this requirement.

B.

IISD reserves the right to review the insurance requirements of this section during the effective period of the contract and to adjust insurance requirements and their limits when deemed necessary and prudent by the Risk Manager based upon changes in statutory law, court decisions, or the claims history of the industry as well as the VENDOR.

C.

A vendor’s financial responsibility is of interest to IISD; therefore, subject to the vendor’s right to maintain reasonable deductibles in such amounts as are approved by IISD, the VENDOR shall obtain and maintain in full force and effect for the duration of the contract, and any extension hereof, at the vendor’s sole expense, insurance coverage written by admitted carriers authorized or approved to do business by the State of Texas and otherwise acceptable to IISD, in the following types and amounts:

1.

TYPE Workers’ Compensation Employer’s Liability

Amount Statutory $100,000/500,000/100,000

2.

Commercial General (public) Liability Insurance to include coverage for the following: a. Premises operations Combined Single Limit b. Independent contractors Bodily Injury and c. Products/completed operations Property Damage of d. Personal injury $1,000,000 per occurrence e. Contractual liability or its equivalent

3.

Business Automobile Liability a. Owned/leased vehicle b. Non-owned vehicles c. Hired vehicles

Combined Single Limit Bodily Injury and Property Damage of $100,000 per occurrence or its equivalent

D.

IISD shall be entitled, upon request and without expense, to receive copies of the policies and all endorsements thereto as they apply to the limits required by IISD.

E.

The vendor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain the following required provisions:

F.

1.

Name the IISD and its Board members, officers, employees, student teachers, volunteers, and elected representatives as additional insured’s, (as the interests of each insured may appear) as to all applicable coverage;

2.

Provide for 30 days notice to IISD for cancellation, non-renewal, or material change;

3.

Provide for an endorsement that the “other insurance” clause shall not apply to the Irving ISD where IISD is an additional insured shown on the policy;

4.

Provide for notice to IISD at the address shown below by registered mail;

5.

Waive subrogation against IISD, its officers, elected representatives, employees, student teachers, and volunteers for injuries, including death, property damage, or any other loss to the extent the same may be covered by the proceeds of insurance;

6.

Provide that all provisions of this contract concerning liability, duty, and standard of care, together with the indemnification, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies.

The vendor shall notify IISD, in the event of any change in coverage and shall give such notices not less than 30 days prior to the effective date of the change, which notice must be accompanied by a replacement Certificate of Insurance. All notices shall be given to IISD at the following address: Irving Independent School District Risk Management Department P.O. Box 152637 Irving, TX 75015-2637 Page 13 of 35

Indemnification The Irving ISD is a Texas Political Subdivision and a local governmental entity; therefore, is prohibited from indemnifying third parties pursuant to the Texas Constitution (Article 3, Section 52) except as specifically provided by law or as ordered by a court of competent jurisdiction.

Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered.

Do you agree to these terms? YES ____ NO____

Remedies The parties shall be entitled to exercise any right or remedy available to it either at law or in equity, subject to the choice of law, venue and service of process clauses limitations agreed herein. Nothing in this agreement shall commit the Irving ISD to an arbitration resolution of any disagreement under any circumstances. Any Claim arising out of or related to the Contract, except for those specifically waived under the terms of the Contract, may, after denial of the Board of Trustees, be subject to mediation at the request of either party. Any issues not resolved hereunder must be referred to non-binding mediation to be conducted by a mutually agreed upon mediator as a prerequisite to the filing of any lawsuit over such issue(s). The parties shall share the mediator’s fee and any associated filing fee equally. Mediation shall be held in Dallas County, Texas. Agreements reached in mediation shall be reduced to writing, and will be subject to the approval by the District’s Board of Trustees, signed by the Parties if approved by the Board of Trustees, and, if signed, shall thereafter be enforceable as provided by the laws of the State of Texas.

Do you agree to these terms? YES ____ NO____ If you do not, please reference objection in Deviation form section

Choice of Law This agreement and any addenda or other additions and all contracts or awards resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles.

Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. Do you agree to these terms? YES ____ NO____

Jurisdiction and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Dallas County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world.

Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. Do you agree to these terms? YES ____ NO____

Alternative Dispute Resolution Prior to filing of litigation, the parties may select non-binding mediation as a method of conflict resolution for issues arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction. The parties agree that if non-binding mediation is chosen as a resolution process, the parties must agree to the chosen mediator(s) and that all mediation venue shall be at a location in Dallas, County, Texas agreed by the parties. The parties agree to share equally the cost of the mediation process and venue cost.

Do you agree to these terms? YES ____ NO____ If you do not, please reference objection in Deviation form section

Infringement(s) The successful vendor will be expected to indemnify and hold harmless the Irving ISD and its employees, officers, agents, representatives, contractors, assignees and designees from any and all third party claims and judgments involving infringement of patent, copyright, trade secrets, trade or service marks, and any other intellectual or intangible property rights in connection with the vendor’s proposal or ultimate contracts awarded and approved.

Do you agree to these terms? YES ____ NO____ If you do not, please reference objection in Deviation form section Page 14 of 35

Acts or Omissions The successful vendor will be expected to indemnify and hold harmless the Irving ISD, its officers, employees, agents, representatives, contractors, assignees and designees from and against any and all liability, actions, claims, demands or suits, and all related costs, attorney’s fees and expenses arising out of, or resulting from any acts or omissions of the vendor or its agents, employees, subcontractors, or suppliers in the execution or performance of any agreements ultimately made by Irving ISD and the vendor.

Do you agree to these terms? YES ____ NO____ If you do not, please reference objection in Deviation form section

Contract Governance Any contract made or entered into by the Irving ISD is subject to and is to be governed by Section 271.151 et seq, Tex Loc Gov’t Code. Otherwise, Irving ISD does not waive its governmental immunities from suit or liability except to the extent expressly waived by other applicable laws in clear and unambiguous language.

Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. Do you agree to these terms? YES ____ NO____ Not a negotiable term.

Payment Terms Irving ISD pays net 30 or at point of sale and complies with the State of Texas payment law, Texas Government Code, Chapter 2251. See statute for specifics or consult your legal counsel. These are minimum terms required of the Irving ISD by law and the parties may negotiate custom payment terms as desired provided they do not exceed the statutory requirements.

Funding Out Clause Pursuant to Texas Local Government Code Sec. 271.903, any Proposal/Offer accepted by Irving ISD and all contracts to be approved are subject to the budgeting and appropriation of then currently available funds. See statute for specifics or consult your legal counsel. Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. Do you agree to these terms? YES ____ NO____ Not a negotiable term.

Visitor Registration System Pursuant to Section 38.022 of the Texas Education code, vendors must present a valid state or government-issued photo ID before access into the school is granted. This ID will be scanned into a registered sex offender database; any vendor found to be an offender will be denied access into the school. Local law enforcement will be contacted should this occur. Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. Do you agree to these terms? YES ____ NO____ Not a negotiable term.

EXCLUSIVITY OF AWARD Any awards or contracts resulting from this document and the process described herein are not an exclusive award or a guaranteed quantity or volume and the Irving ISD reserves the right to purchase goods or services described herein from other sources, unless the specifications herein and resulting contract documents expressly provide to the contrary in which case the contract provision will control for this provision. Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. Do you agree to these terms? YES ____ NO____

Page 15 of 35

Texas Education Code Section 44.034. Notification of Criminal History of Contractor The statute states, in part, the following; a) A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony. b) A school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract. c) This section does not apply to a publicly held corporation.

Initial if the responding company is a publicly held corporation and (c) applies

Pursuant to a) above, does the person or an owner or operator of the business entity seeking an award pursuant to this request for proposals been convicted of a felony.?

YES or NO (circle correct response)

If yes please provide the general description of the conduct

resulting in the conviction of a felony. ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ Name of Company ____________________________________________________________________________________________ Signature and printed name of authorized signatory for company date

Page 17 of 35

Withdrawal or Modification of Proposal Subject to the restrictions discussed below, the Irving ISD will consider a WRITTEN request from any proposer that the proposer be allowed to withdraw any proposal submitted, but ONLY IN ITS ENTIRETY, and ONLY UNTIL THE DUE DATE AND TIME FOR PROPOSAL SUBMISSION as stated in the Notice of Invitation to Proposal included with this Proposal Invitation. A representative of the proposing entity who is authorized to enter into contracts on behalf of the proposing entity must manually sign any request for the withdrawal of any proposal in ink, and the person signing the request must indicate his/her title along with his/her signature. No proposal may be withdrawn after the date and time that proposals are due as specified in the Notice of Proposal Invitation. Only proposals that have been submitted consistent with the instructions relating to packaging and labeling of the proposal will be considered for withdrawal. If there is any question in the mind of the management or staff of the Irving ISD regarding the identity of the proposal or the identity of the proposer relating to any request for the withdrawal of any proposal, the Irving ISD will refuse to allow the withdrawal of the proposal. Withdrawal of any proposal allowed by the Irving ISD will require the completion and signature of a written receipt by the proposer's representative satisfactory to the management or staff of the Irving ISD before the proposal will be released. The decision of the management or staff of the Irving ISD relating to any matters concerning proposal withdrawal will be final. If a proposer requests to withdraw a proposal and the Irving ISD allows the withdrawal of the proposal, the proposer may resubmit the proposal, or submit a new proposal, up until the due date and time for proposal submission as stated in the Notice of Invitation to Proposal included with this proposal invitation, provided any new submission meets all the qualifications of proposal submission included in these General Terms and Conditions. If a proposer resubmits a proposal that was withdrawn and makes changes to any document in the proposal package, an authorized agent of the proposer must initial all alterations made to any proposal document. All proposals in the possession of the Irving ISD at the time proposals are due shall be deemed final, conclusive and irrevocable, and no proposal shall be subject to withdrawal, amendment, or correction after the due date and time for proposal submission as stated in the Notice of Invitation to Proposal included with this proposal invitation.

Assignment – Delegation No responsibility or obligation created by this contract shall be assigned or delegated by the vendor without written permission from the Irving ISD. Any attempted assignment or delegation by the vendor shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. During the course of a contract period if a vendor goes out of business or terminates their business relationship with the manufacturer for the product for which they were awarded, the Irving ISD will be authorized to place the manufacturer on the contract, with the agreement of the manufacturer for the duration of the contract period.

Page 18 of 35

Insurance and Fingerprint Requirements FINGERPRINT It is possible that a vendor may be subject to Chapter 22 of the Texas Education Code. The Texas Education Code, Chapter 22, Section 22.0834. Statutory language may be found at: http://www.statutes.legis.state.tx.us/ If the vendor has staff that meet both of these criterion(1) will have continuing duties related to the contracted services; and (2) has or will have direct contact with students Then you have “covered” employees for purposes of completing the attached form. Irving ISD recommends all vendors consult their legal counsel for guidance in compliance with this law. If you have questions on how to comply, see below. If you have questions on compliance with this code section, contact the Texas Department of Public Safety Non-Criminal Justice Unit, Access and Dissemination Bureau, FAST-FACT at [email protected] and you should send an email identifying you as a contractor to a Texas Independent School District. Texas DPS phone # is 512-424-2474

INSURANCE If applicable and your staff will be on Irving ISD premises for delivery, training or installation etc. and/or with an automobile, the insurance provisions must be followed. See attached "Insurance and Indemnity Provisions" if applicable. Your insurance agent will probably be able to handle this easily as it is standard business practice for vendors/contractors to public entities.

Page 19 of 35

Texas Education Code Chapter 22 Contractor Certification for Contractor Employees Introduction: Texas Education Code Chapter 22 requires entities that contract with school districts to provide services to obtain criminal history record information regarding covered employees. Contractors must certify to the district that they have complied. Covered employees with disqualifying criminal histories are prohibited from serving at a school district. Definitions: Covered employees: Employees of a contractor or subcontractor who have or will have continuing duties related to the service to be performed at the District and have or will have direct contact with students. The District will be the final arbiter of what constitutes direct contact with students. Disqualifying criminal history: Any conviction or other criminal history information designated by the District, or one of the following offenses, if at the time of the offense, the victim was under 18 or enrolled in a public school: (a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law or the laws of another state. On behalf of ______________________________________ ("Contractor"), I certify that [check one]: [ ] None of the employees of Contractor and any subcontractors are covered employees, as defined above. If this box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure that the employees of Contractor and any subcontractor will not become covered employees. Contractor will maintain these precautions or conditions throughout the time the contracted services are provided. Or [ ] Some or all of the employees of Contractor and any subcontractor are covered employees. If this box is checked, I further certify that: (1) Contractor has obtained all required criminal history record information regarding its covered employees. None of the covered employees has a disqualifying criminal history. (2) If Contractor receives information that a covered employee subsequently has a reported criminal history, Contractor will immediately remove the covered employee from contract duties and notify the District in writing within 3 business days. (3) Upon request, Contractor will provide the District with the name and any other requested information of covered employees so that the District may obtain criminal history record information on the covered employees. (4) If the District objects to the assignment of a covered employee on the basis of the covered employee's criminal history record information, Contractor agrees to discontinue using that covered employee to provide services at the District. Noncompliance or misrepresentation regarding this certification may be grounds for contract termination. Company name_____________________________________________________________ Printed name of Company Representative:________________________________________ Signature _________________________________Date__________________ For additional information on how to comply with this statute, please contact Richard Powell in the purchasing department of the Irving ISD at 972-600-5440, Irving ISD 2621 West Airport Freeway, Irving, Texas 75062. Page 20 of 35

NON-COLLUSIVE BIDDING CERTIFICATE By submission of this bid or proposal, the Bidder certifies that: 1)

2) 3) 4)

This bid or proposal has been independently arrived at without collusion with any other Bidder or with any Competitor; This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bids, or proposals for this project, to any other Bidder, Competitor or potential competitor: No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a bid or proposal; The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the penalties being applicable to the Bidder as well as to the person signing in its behalf.

Signature below certifies accuracy of answers to all sections on this page.

Authorized Signature ____________________________ Printed Name _______________________________

Company Name and address _________________________________________________________________

Telephone Number ( )______________________________ Date __________

Page 21 of 35

Educational Purchasing Cooperative of North Texas (EPCNT) and Interlocal Agreements Irving ISD encourages vendors to check yes to the EPCNT clause because other schools in Texas Education Service Center (ESC) Regions 10 and 11 can buy under our awarded procurement under the same terms. This streamlines the public purchasing process and cuts costs to the public. It also keeps vendors from having to answer multiple bids for many school districts for the same product(s) or services, thereby saving the vendors resources. Do not check yes if doing so would be detrimental to Irving ISD pricing, terms or conditions in your response. Approximately 65 school districts in the area have formed, through an inter-local agreement, the Educational Purchasing Cooperative of North Texas (EPCNT). You may learn about EPCNT at http://www.epcnt.com/ All terms, conditions must be the same as for Irving ISD. Vendor may always offer lower pricing due to volume of purchase, but may not charge more than the unit costs or listed discounts in the response. Below is a list of all schools that are included in the ESC 10 and 11. Not all are EPCNT members but possibly could be at a future time. See a list of current member schools at http://www.epcnt.com/Current_members%202010-2011.htm Collin Co.

Dallas Co.

Denton Co.

Fannin Co.

Hunt Co.

Kaufman Co.

Tarrant Co.

ALLEN ISD

CARROLLTON-F. B. ISD

PONDER ISD

BONHAM ISD

CADDO MILLS ISD

TERRELL ISD

BIRDVILLE ISD

ANNA ISD

CEDAR HILL ISD

SANGER ISD

DODD CITY ISD

CAMPBELL ISD

Palo Pinto Co.

CARROLL ISD

BLUE RIDGE ISD CELINA ISD

COPPELL ISD DALLAS ISD

Ellis Co.

ECTOR ISD HONEY GROVE ISD

CELESTE ISD COMMERCE ISD

GORDON ISD GRAFORD ISD

COMMUNITY ISD FARMERSVILLE ISD FRISCO ISD

DE SOTO ISD DUNCANVILLE ISD GARLAND ISD

ENNIS ISD FERRIS ISD ITALY ISD

Grayson Co. BELLS ISD COLLINSVILLE ISD

GREENVILLE ISD LONE OAK ISD QUINLAN ISD

MINERAL WELLS ISD PALO PINTO ISD SANTO ISD

LOVEJOY ISD

GRAND PRAIRIE ISD

MAYPEARL ISD

DENISON ISD

WOLFE CITY ISD

STRAWN ISD

CASTLEBERRY ISD CROWLEY ISD EAGLE MT-SAG ISD EVERMAN ISD FORT WORTH ISD GR'PVINEC'LYVILLE ISD

MCKINNEY ISD MELISSA ISD PLANO ISD PRINCETON ISD PROSPER ISD

HIGHLAND PARK ISD IRVING ISD LANCASTER ISD MESQUITE ISD RICHARDSON ISD

MIDLOTHIAN ISD MILFORD ISD PALMER ISD RED OAK ISD WAXAHACHIE ISD

GUNTER ISD HOWE ISD POTTSBORO ISD S AND S CONS. ISD SHERMAN ISD

Johnson Co.

Parker Co.

ALVARADO ISD BURLESON ISD CLEBURNE ISD GODLEY ISD

ALEDO ISD BROCK ISD GARNER ISD MILLSAP ISD

WYLIE ISD

SUNNYVALE ISD

Erath Co.

TIOGA ISD

GRANDVIEW ISD

PEASTER ISD

Cooke Co.

Denton Co.

CALLISBURG ISD ERA ISD

ARGYLE ISD AUBREY ISD

BLUFF DALE ISD DUBLIN ISD HUCKABAY ISD

TOM BEAN ISD VAN ALSTYNE ISD WHITESBORO ISD

JOSHUA ISD KEENE ISD RIO VISTA ISD

POOLVILLE ISD SPRINGTOWN ISD WEATHERFORD ISD

GAINESVILLE ISD

DENTON ISD

LINGLEVILLE ISD

WHITEWRIGHT ISD

VENUS ISD

Rockwall Co.

ALVORD ISD

LINDSAY ISD

KRUM ISD

Hood Co.

Kaufman Co.

ROCKWALL ISD

Wise Co.

MUENSTER ISD

LAKE DALLAS ISD

MORGAN MILL ISD STEPHENVILLE ISD

GRANBURY ISD

CRANDALL ISD

ROYSE CITY ISD

BOYD ISD

SIVELLS BEND ISD SLIDELL ISD

LEWISVILLE ISD LITTLE ELM ISD

Fannin Co.

FORNEY ISD KAUFMAN ISD

Somervell Co.

BONHAM ISD

LIPAN ISD TOLAR ISD

GLEN ROSE ISD

BRIDGEPORT ISD CHICO ISD

THREE WAY ISD

NORTHWEST ISD

DODD CITY ISD

Hunt Co.

KEMP ISD

Tarrant Co.

DECATUR ISD

VALLEY VIEW ISD

PILOT POINT ISD

ECTOR ISD HONEY GROVE ISD

BLAND ISD

MABANK ISD SCURRY-ROSSER ISD

ARLINGTON ISD

PARADISE ISD

AZLE ISD

SLIDELL ISD

WALNUT BEND ISD

AVALON ISD

BOLES ISD

H-E-B ISD KELLER ISD KENNEDALE ISD LAKE WORTH ISD MANSFIELD ISD WHITE SETTLEMENT ISD

Van Zandt Co. CANTON ISD WILLS POINT ISD

If you find it necessary, you may limit the geographic boundaries of your EPCNT approval. If you desire to do so, please list the EXCLUDED counties on the next lines. If you exclude counties, remember that no district in that county may purchase from you under this agreement and failing to include them may make you an unapproved vendor for the excluded districts. ______________________________________________________________________________________________

______________________________________________________________________________________________ If vendor checks yes, the following will apply: Members and participants of the EPCNT, subject to the boundary exclusions, will be eligible, but not obligated, to purchase materials or services under the contract awarded as a result of this solicitation. All purchases by members and participants other than the Irving ISD will be billed directly to that entity and paid by that entity. Irving ISD will not be responsible for another entity's debts. Each governmental entity will order its own materials/services as necessary and according their policies.

Do you wish to participate in the EPCNT cooperative as listed above, subject to your exclusions?

YES__ NO__

The district may also enter into Interlocal agreements as provided by law with other public schools outside ESC regions 10 and 11. The vendor will be asked at the time of the Interlocal request if schools outside the EPCNT boundaries can participate in an award and whether or not the vendor wishes to extend the terms and conditions to the entity before the Interlocal will be approved by the Irving ISD.

Signature below certifies authorizes EPCNT participation for this offer by the responding vendor. Authorized Signature________________________________________ Company Name _________________________________________ Page 22 of 35 Printed Name of Authorized Person______________________________________________________ Date _________________________

TO BE SIGNED AND RETURNED CERTIFICATE OF RESIDENCY The State of Texas has passed a law concerning non-resident contractors. This law can be found in Texas Government Code under Chapter 2252, Subchapter A. This law makes it necessary for the Irving ISD to determine the residency of its offerors. In part, this law reads as follows: Section: 2252.001 (3) Non-resident bidder' refers to a person who is not a resident. (4) Resident bidder's refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Section: 2252.002 A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located." (Name and address of Company Bidding) ________________________________________________________________ __________________________________________________________________________________________________ is, under Section: 2252.001 (3) and (4), a

Resident Bidder __________

OR

Non-resident Bidder ___________

My principal place of business under Tex. Gov't Code, Section: 2252.001 (3) and (4), is in the city of ______________________________________________ in the state of ____________________________________.

If NOT a resident company of the State of Texas, does your company employee 500 or more people within the State of Texas. YES ______

NO _______

Signature of Authorized Company Representative ________________________________________

Print Name _______________________________________

Title ____________________________________________Date __________

Page 23 of 35

Legal Compliance It is the proposing company’s duty and responsibility to have knowledge of and be responsible for the compliance with all applicable laws, rules and regulations as they apply to this procurement process and any subsequent award. If awarded under this document, does the vendor agree to comply, in all relevant respects, with all Federal, State, and Local laws, rules and regulations related to the performance of services or supply of goods to Irving ISD? YES _____

NO _____

Signature below certifies accuracy of answers to all sections on this page.

Authorized Signature ____________________________ Printed Name _______________________________

Company Name and address _________________________________________________________________

Telephone Number ( )______________________________ Date __________

Page 24 of 35

Irving Independent School District Purchasing Department 2621 West Airport Freeway - Irving, Texas 75062 972-215-5440

SUSPENSION OR DEBARMENT CERTIFICATE Non-Federal entities are prohibited from contracting with or making sub-awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement for goods or services equal to or in excess of $100,000.00. Contractors receiving individual awards for $100,000.00 or more and all sub-recipients must certify that the organization and its principals are not suspended or debarred. By submitting this offer and signing this certificate, this bidder:

Certifies that no suspension or disbarment is in place, which would preclude receiving a federally funded contract under the Federal OMB, A-102, common rules Vendor Name: Vendor Address:

Vendor E-mail Address: Vendor Telephone:

Fax Number: Authorized Company Official’s Name: (Printed)

Signature of Company Official:

Date:

Page 25 of 35

CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ If you have a conflict of interest as described in this form or the Local Government Code Chapter 176, cited therein- you are required to complete and file with Irving ISD records officer, Karen Sturch at Irving ISD Administration Building, 2621 West Airport Freeway, Irving, Texas 75062 You may find the Blank CIQ form on our website at http://irvingisd.net/education/components/scrapbook/default.php?sectiondetailid=16705& It is named CIQ.pdf

Page 30 of 35

Historically Underutilized Business Information Questionnaire

PART OF EVALUATION CRITERIA SCORING: Does your company have a sub-contracting plan for utilizing Historically Underutilized Businesses as described below? YES or NO (circle correct response) If YES, please attach a copy of your plan to this sheet?

__________________________________________________________

A sample plan form is attached for your use, but you may submit the plan on your form if you have one prepared.

Is your company one or more of the following four certifications? Please check the ones that apply. The District accepts HUB certification from the State of Texas and/ or D/M/WBE from any established certification organization.

o o o o

Certified State of Texas HUBCertified Woman Business Enterprise Certified Minority Business Enterprise Certified Disadvantaged Business Enterprise

If yes to any of the above, please attach copy of your certifications to this sheet. __________________________________________________________ If not certified, is your company one or more of the following? Please check the ones that apply. See below for definitions o More than 51% owned by a woman? o More than 51% owned by a minority? Definition: The terms HUB and D/M/WBE mean a business in which at least 51 percent of the ownership and management is by minority group members or women owned, or in the case of a publicly owned business, at least 51 percent of the stock is owned and managed by minority group members or women. Minority groups shall include Black Americans, Hispanic Americans, Native Americans, Asian- Pacific Americans and Asian-Indian Americans.

_____________________________________________________ Authorized Company Representative Date Page 31 of 35

Irving ISD HUB Subcontracting Plan Form (HSP) Your subcontracting plan should document and affirm that you provide opportunities for D/M/WBE companies to compete for opportunities to provide your business with goods and services for its operations, including but not limited to, fulfilling of contracts related to this solicitation to assure maximum points. Points are given for submitting a written subcontracting plan on the attached subcontracting plan form titled “Irving ISD HUB Subcontracting Plan.” This plan is established to encourage vendors to provide subcontracting opportunities to HUB or D/M/WBE firms to compete for work when portions of the work are subcontracted or in the daily operation of the vendor’s business operations. SEE DISTRICT POLICY AT: http://pol.tasb.org/Policy/Download/367?filename=CH(LOCAL).pdf HUBs may be certified D/M/WBE firms or state of Texas HUBs. Using non- certified M/WBE firms is permitted but the non-certified company will be required to execute an affidavit (attestation form) provided by the Irving ISD and found at: http://irvingisd.net/education/components/scrapbook/default.php?sectiondetailid=17795 SECTION 1 a.

- RESPONDENT AND SOLICITATION INFORMATION

Respondent (Company) Name: Point of Contact:

b.

Phone #:

Solicitation RFP, etc #:

SECTION 2

- SUBCONTRACTING INTENTIONS

After having divided the contract work into reasonable lots or portions to the extent consistent with prudent industry practices, the respondent must determine what portion(s) of work, including goods or services, will be subcontracted.Note: In accordance with 34 TAC §20.12., a “Subcontractor” means a person who contracts with a vendor to work, to supply commodities, or contribute toward completing work for a governmental entity.Check the appropriate b ox that identifies your subcontracting intentions: - Yes, I will be subcontracting portion(s) of this contract. (If Yes, in the spaces provided below, list the portions of work you will be subcontracting, and go to page 2.) - No, I will not be subcontracting any portion of the contract, BUT I DO PROVIDE OPPORTUNITIES FOR HUB VENDORS TO PROVIDE GOODS AND SERVICES FOR MY BUSINESSES ONGOING OPERATIONS ( List below opportunities provided by vendor to HUB/MWBE companies to supplies other goods and services for operation of vendor’s business operations.) - NO, I cannot document how I provide HUB/MWBE companies to supplies other goods and services for operation of vendor’s business operations. Line Item # - Subcontracting Opportunity Description and provision of opportunities provided by vendor to HUB/MWBE companies to supplies other goods and services for operation of vendor’s business operations. ( #1) -

(#11) -

( #2) -

(#12) -

( #3) -

(#13) -

( #4) -

(#14) -

( #5) -

(#15) -

( #6) -

(#16) -

( #7) -

(#17) -

( #8) -

(#18) -

( #9) -

(#19) -

(#10) (#20) *If you have more than twenty subcontracting opportunities please make a copy of this page and and label as continuation of page 1, section 2.

INITIAL _______

IrvingISDHUBSubcontractingPlanForm

Page 1 of 3 Page 32 of 35

Form 737-002 Rev. 11-12

Enter your company’s name here:

Solicitation RFP, etc #:

IMPORTANT: You must complete a copy of this page for each of the subcontracting opportunities you listed in SECTION 2. You may photocopy this page.

SECTION 3

- SUBCONTRACTING OPPORTUNITY

Enter the line item number and description of the subcontracting opportunity you listed in SECTION 2. Line Item #

SECTION 4

Description:

- PROFESSIONAL SERVICES CONTRACTS ONLY

This section applies to Professional Services Contracts only. All other contracts go to SECTION 5.

What percentage does your HSP contain f o r subcontracting with HUB(s)?

%

In accordance with Gov’t Code §2254.004, “Professional Services" means services: (A) within the scope of the practice, as defined by state law of accounting; architecture; landscape architecture; land surveying; medicine; optometry; professional engineering; real estate appraising; or professional nursing; or (B) provided in connection with the

professional employment or practice of a person who is licensed or registered as a certified public accountant; an architect; a landscape architect; a land surveyor; a physician, including a surgeon; an optometrist; a professional engineer; a state certified or state licensed real estate appraiser; or a registered nurse.

SECTION 5

- NOTIFICATION OF SUBCONTRACTING OPPORTUNITY

Complying with a or b plus c of this section constitutes Good Faith Effort towards the portion of work listed in SECTION 2. After performing the requirements of this section, complete SECTION 6,7 & 8.

a. Provide written notification of the subcontracting opportunity listed in SECTION 3 to three (3) or more D/M/WBE firms or HUBs. Use may use the State of Texas’ and its HUB Directory, found at http://www2.cpa.state.tx.us/cmb Centralized Master Bidders List (CMBL), found at http://www2.cpa.state.tx.us/cmb l/cmblhub.html, l/hubonly.html, to identify available HUBs. Note: Attach supporting documentation (letters, phone logs, fax transmittals, electronic mail, etc.) demonstrating evidence of the good faith effort performed. You may use M/WBE firms certified by any reputable certification agency. If using non-certified D/M/WBE firms or HUBs, they will be required to execute an affidavit provided upon request by the Irving ISD. b. Provide written notification of the subcontracting opportunity listed in SECTION 2 to a minority or women trade organization or development center to assist in identifying potential HUBs by disseminating the subcontracting opportunity to their members/participants. A list of trade organizations and development centers may be accessed at http://www.window.state.tx.us/procurement/prog/hub/mwb-links-1/. Note: Attach supporting documentation (letters, phone logs, fax transmittals, electronic mail, etc.) demonstrating evidence of the good faith effort performed. c. Written notifications should include the scope of the work, information regarding the location to review plans and specifications, bonding and insurance requirements, required qualifications, and identify a contact person. Unless the contracting agency has specified a different time period, you must allow the HUBs no less than five (5) working days from their receipt of notice to respond, and provide notice of your subcontracting opportunity to a minority or women trade organization or development center no less than five (5) working days prior to the submission of your response to the contracting agency.

SECTION 6 - HUB FIRMS CONTACTED FOR SUBCONTRACTING OPPORTUNITY List three (3) MWBE or State of Texas certified HUBs you notified regarding the portion of work (subcontracting opportunity) listed in SECTION 3. Specify the vendor ID number, date you provided notice, and if you received a response. Note: Attach supporting documentation (letters, phone logs, fax transmittals, electronic mail, etc.) demonstrating evidence of the good faith effort performed. Was Response Received? Company Name Certification Agency Notice Date (mm/dd/yyyy)

SECTION 7

/

/

/

/

- Yes

- No

/

/

- Yes

- No

- Yes

- No

- SUBCONTRACTOR SELECTION

List the subcontractor(s) you selected to perform the portion of work (subcontracting opportunity) listed in SECTION 3. Also, specify the expected percentage of work to be subcontracted, the approximate dollar value of the work to be subcontracted, and indicate if the company is a Texas certified HUB or MWBE.

/ Name of Subcontractor

/

Certification agency or IISD affidavit

/ Name of Subcontractor

/ Name of Subcontractor

% of expected work

/

Certification agency or IISD affidavit

%

% of expected work

/

Certification agency or IISD affidavit

%

%

% of expected work

$ $ value of work to be subcontracted

$ $ value of work to be subcontracted

$ $ value of work to be subcontracted

INITIAL _______ IrvingISDHUBSubcontractingPlanForm

Page 2 of 3 Page 33 of 35

Form 737-002 Rev. 11-12

Enter your company’s name here:

Solicitation RFP, etc #:

SECTION 8 SECTION 8

- AFFIRMATION

As evidenced by my signature below, I affirm that I am an authorized representative of the respondent listed in SECTION 1, and that the information and supporting documentation submitted with the HSP are true and correct. Respondent understands and agrees that, if awarded any portion of the solicitation: • The respondent agrees to submit sub-contractor affidavits of MWBE status if sub-contractor not certified. Affidavit (attestation form) can be found at http://irvingisd.net/education/components/scrapbook/default.php?sectiondetailid=17795 • If requested, the respondent agrees to submit an end of project a compliance report to the Irving ISD, verifying their compliance with the submitted HSP, including the documented use/expenditures they have made to subcontractors. Submit reports to Richard Powell, 2621 West Airport Freeway, Irving, TX 75062 or to [email protected] Emailispreferred. Records must be kept for 3 years. • The respondent must, upon request, allow the contracting agency to perform on-site reviews of the company’s headquarters and/or work-site where services are to be performed and must provide documents regarding staff and other resources. ____________________________________________________________________________________________________________________________________

Signature

Printed Name

Title

_______________________________________________________________________________________________________________________________________________ Date Email Phone

Add additional sheets as necessary

IrvingISDHUBSubcontractingPlanForm

Page 3 of 3 Page 34 of 35

Form 737-002 Rev. 11-12

DEVIATION/COMPLIANCE SIGNATURE FORM

RFP#___13-25_________

COMPANY NAME

ADDRESS

PHONE NUMBER

CITY

STATE

FAX NUMBER

If the undersigned bidder intends to deviate from the General Conditions Standard Terms and Conditions or Item Specifications listed in this bid invitation, all such deviations must be listed on this page, with complete and detailed conditions and information included or attached. The District will consider any deviations in its bid award decisions, and the District reserves the right to accept or reject any bid based upon any deviations indicated below or in any attachments or inclusions. In the absence of any deviation entry on this form, the bidder assures the District of their full compliance with the Standard Terms and Conditions, Item Specifications, and all other information contained in this Bid Invitation.

0

No Deviation

0

Yes Deviations

If yes is checked, please list below.

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