Richmond Public Schools

Request for ProposalCOMPENSATION & CLASSIFICATION STUDY

September 8, 2014

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The Vendor certifies and acknowledges that the information stated below is proprietary and confidential. Please list all sections of the proposal that contains proprietary and confidential information.

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______________________Authorized Signature

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I. GENERAL INFORMATION

A. Purpose

Richmond City Public Schools (RPS) is a public school system in Richmond, Virginia. RPS serves approximately 24,000 students who reside in the Richmond metropolitan area, representing the region’s diverse socioeconomic mix. Richmond Public Schools is comprised of 26 elementary schools (1 exceptional education alternative and 1 exceptional education program within a school); 8 middle schools; 5 comprehensive high schools; 3 specialty high schools (Franklin Military, Open and Richmond Community); 2 schools serving students with exceptional needs (Amelia Street and Preschool Development Center); 2 programs for students with exceptional needs (REAL located at Henderson MS and Thirteen Acres located at Clark Springs ES); and 3 career and technical education, and alternative education schools and programs [Richmond Alternative School (RAS), the Richmond Technical Center (RTC), and the Capital City Program (CCP)].

B. General

RPS is governed by nine (9) elected school board members, one from each of the nine districts. Staff includes 1 superintendent and approximately 3,830 full time equivalent instructional, administrative and support positions.

Organizational, Economic Background and Additional Information

Current staffing includes approximately 3,830 FTE positions, including part time and full time employees – approximately 2,224 of these positions are instructional professionals; 127 administrators; and the remainder (1,486) support positions. A classification study has not been performed in over 10 years.

Personnel Related Expenditures comprise approximately 85% of General Fund Budget. Funding reductions over the last 6 years have resulted in the elimination of 600+ positions. A recent pay increase history follows:

7/1/2009 – No Pay Increase7/1/2010 – No Pay Increase7/1/2011 – No Pay Increase9/22/2011 – 1% Pay Bonus (active full time and part time contract employees)7/1/2012 – 3% to offset VRS member contribution7/1/2013 – 1% to offset VRS member contribution1/1/2014 – 2% midyear salary increase7/1/2014 – 2% salary increase for support; 3% salary increase for teachers;

1% to offset VRS member contribution

3RPS’s employee classifications (for purposes of policy and organization) consist of four (4) basic groups Administrative, Professional Instruction, Professional Other and Classified.

Administrative, Professional Other and Classified (Support Employees) are compensated based on a Pay Grade and a Minimum / Midpoint / Maximum pay arrangement. These positions are classified as Exempt or Non-Exempt from FLSA and are further delineated by contract duration [Contract Lengths 9.5 Months; 10 Months; 11 Months; and 12 Months] and by contracted daily hours (7 or 8 hours). Bus Operators and Food Service employees are contracted for 184 and 183 days respectively. RPS provides more distinction in their pay minimums, midpoints and maximums because of a shortened work day (4, 4.5, 5, 5.5 6, 7 or 8 hours per day).

Teachers are compensated based on a Step arrangement wherein steps are based on years of experience. A distinction is made for contract duration [Contract Lengths 9.5 Months; 10 Months; 11 Months; and 12 Months] AND for degree level (Bachelor’s; Master’s; and Master’s + 30).

Two sets of scales exist for each group. One set outlines pay for employees covered by the Virginia Retirement System (VRS) and another set outlines pay for employees not covered by VRS [employees who work less than 75% of a full-time contract; employees covered under the local Richmond Retirement System; Retired Employees working in critical shortage areas approved by the Virginia Department of Education; and employees who work full time for two VRS participating agencies]. This separate scale was created because in the last 3 years, employees have become responsible for making his/her own 5% VRS member contribution. Legislatively required pay increases were given to “absorb” the phased-in VRS member contribution previously paid by the employer (RPS). These related pay increases were not provided to RPS employees who were not covered by VRS.

12 month employees are contracted for 261 days. 11 month employees are contracted for 216 days. 10 month employees are contracted for 201 days. 9.5 month employees are contracted for 191 days. Bus Operators are contracted for 184 days. Food Service employees are contracted for 183 days.

Employees may receive stipends or supplemental pay for various additional duties. These may be based on a percentage of salary, a flat dollar amount, per class rate or daily rate. RPS participates in the annual salary survey compiled by The Virginia Education Association (VEA). The primary competitive market for RPS is the surrounding counties that employ over 20,000 public sector and education personnel.

4Objective:

RPS would like to provide a competitive compensation package that supports attracting and retaining an effective, motivated and highly qualified workforce that supports achievement of our instructional mission.

The purpose of this RFP is to contract with a qualified firm that who will provide the required scope of services as outlined in this proposal, comply with the required timeline, and report results and meaningful cost quantified recommendations. Additionally sound options for multi-year implementation should be provided.

The timeline for completion is firm, December 8, 2014. This deadline corresponds with budget deliberations.

C. General Conditions

1. Legal Compliance: Each offeror is responsible for full and complete compliance with all applicable laws, rules, regulations and licensing requirements imposed by any public authority having jurisdiction, such as the Insurance Bureau of Virginia.

2. Non-discrimination: The offeror shall not discriminate or permit discrimination in its operations or employment practices against any person or group on the grounds of race, color, creed, national origin, gender, or handicaps, and shall furnish evidence of compliance with this provision when so requested by the district.

3. Indemnification: The offeror, in performing its obligations under this contract, is acting independently and RPS assumes no responsibility or liability for the offeror’s acts or omissions to third parties, and the offeror shall agree to indemnify and hold harmless RPS, its officerand employees against any and all claims, lawsuits, judgments, costs and expenses for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the offeror’s breach of the terms or provisions of the contract, or by any negligent act or omission of the offeror, its officers, agents, employees, or invitees, in the performance of this contract.

D. STATEMENT OF NEED

Richmond City Public Schools, Richmond, Virginia, seeks an independent review of its employee classification and compensation program. The analysis shall include all positions, except the Superintendent, student and seasonal employees.

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To this end, the independent consultant will review the salary structure and assist in updating information on essential job functions, responsibilities, required knowledge, skills and abilities, and physical

demands of the many and varied positions that support our instructional mission. The consultant will provide a prioritized list of recommendations and sufficient information to support implementation, including related costs (or savings), for consideration in the early phase of the FY 2015-16 budget process. The consultant should provide multi-year options if sufficient resources are not available to implement all recommendations in one budget year / cycle. The deadline for delivery of the final product is December 8, 2014. This will allow for review with RPS staff / committee prior to School Board presentation on January 5, 2015.

Compensation to be considered include salaries, wages, stipends and supplements as well as tuition assistance (reimbursement). RPS is broadly interested being externally competitive and internally equitable in compensation offered to all employee classifications. RPS is also interested in correcting teacher “compression” of varying years of experience being paid at the same rate. This compression has been created by limited ability to provide step increases during the economic downturn. The plan should recommend methodologies, policies and practices that will support maintenance of equity during challenging times and limited resources.

The selected firm shall work with the Superintendent, his designee and/or a committee to achieve the following:

Study Area #1: Staffing and Classification

Survey and analyze support, instructional and administrative position job duties and responsibilities, physical demands, related required knowledge skills and abilities, and update job descriptions accordingly.

Identify all positions that appear to require reclassification Provide a draft recommendation for position classification structure

based on revised job descriptions Provide for the review of position classification recommendations by

impacted staff members and their direct supervisors and allow for input to clarify or correct information prior to finalization of recommendations (appeals process)

Provide recommendations to classify / reclassify positions as appropriate

6 Provide recommendations for salary adjustments and ongoing

compensation administration

Study Area #2 Compensation:

Review the comprehensive compensation plan and provide recommendations to support a cost effective compensation package focused on attracting and retaining a high quality workforce in all areas

Review salary scales, perform benchmarking within and outside of the K-12 education industry, and provide findings and recommendations for adjustments based on current market trends and best practices. Analysis should also include other public and private sector comparisons for non-instructional positions.

Review the number of contracted days for all employee categories (9.5, 10, 11 and 12 month employees as well as bus operators and food service employees) in comparison to peer groups for propriety and make recommendations for revisions as needed.

Review schedule of stipends and supplemental pays and make recommendations, as appropriate, based on best practices. Also review RPS practice of providing supplements / stipends for increased job responsibilities due to staffing vacancies or special projects that require completion of duties above those in an employee’s job description.

Recommendations for increasing compensation should be quantified in total, and then in one or more alternative logical phase-in approaches spread over several years in the event resources cannot accommodate complete implementation in one budget year / cycle.

Study Area #3 Salary Administration:

Review and evaluate the overall approach to salary administration, identify opportunities for improvement and provide recommendations. The review should include consideration of the following types of policy related questions:

Should RPS modify the group of schools, and the various data pay sources it uses for market comparisons (Chesterfield, Henrico, Hanover)?

Should RPS use the same data sources for all positions regardless of type and/or level of positions? If not, which positions would use different data sources and why?

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Should RPS change its pay plan approach, i.e. step system vs min-mid-max?

Should certain supplements be included in salary rather than as supplement pay and why?

Should the pay structures for salaries and/or extra duty assignments be revised, combined, collapsed or expanded (to identify assignments at a greater or lesser degree of granularity by job type)?

The consultant may provide other suggestions and recommendations related to enhance and/or stream line salary administration.

Study Area #3 Salary Administration:

Review and evaluate the overall approach to salary administration, identify opportunities for improvement and provide recommendations. The review should include consideration of the following types of policy related questions:

Should RPS modify the group of schools, and the various data pay sources it uses for market comparisons (Chesterfield, Henrico, Hanover)?

Should RPS use the same data sources for all positions regardless of type and/or level of positions? If not, which positions would use different data sources and why?

Should RPS change its pay plan approach, i.e. step system vs min-mid-max?

Should certain supplements be included in salary rather than as supplement pay and why?

Should the pay structures for salaries and/or extra duty assignments be revised, combined, collapsed or expanded (to identify assignments at a greater or lesser degree of granularity by job type)?

The consultant may provide other suggestions and recommendations related to enhance and/or stream line salary administration.

Richmond City Public Schools will provide the following information to the awarded firm. Most of the information will be provided electronically:

Copies of all existing job classification descriptions; Schedule of actual current salaries by position; Schedule of stipends and supplements; Copies of all wage and salary schedules; Copy of organizational charts;

8 Summary of tuition assistance / reimbursement policy / practice; Additional salary and benefit information as requested

Deliverables

As a result of the comprehensive evaluation, the awarded firm shall provide a report documenting the analysis approach, the basis of the recommendations and structure of the implementation costs and options for multi-year implementation. Updated copies of all job descriptions shall be provided in Microsoft Word format. The final report shall be presented in hard copy and electronic Word or PDF formats, including all diagrams. The School Division shall have ownership of all final documents. The successful consultant will be required to make oral presentations to the committee and RPS School Board. RPS expects ongoing and open communications between designated representatives and the consultant over the course of the study. All recommendations must comply with appropriate State, Federal and Local laws and include implementation cost estimates.

II. PROPOSAL PREPARATION AND SUBMISSION REQUIREMENTS:

A. General Requirements:

1. RFP Response :

In order to be considered for selection, offerors must submit a complete response to this RFP. One original and eight (8) copies of each proposal must be submitted to RPS. No other distribution of the proposals shall be made by the offeror.

2. Proposal Preparation :

a. Proposals shall be signed by an authorized representative of the offeror. All information requested must be submitted. Failure to submit all information requested may result in the purchasing office requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal. Proposals that are substantially incomplete or lack key information may be rejected by the purchasing office at its discretion.

b. Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of content. RPS will incur no financial obligations for any costs by any company in preparation of their proposal.

9c. Each copy of the proposal should be bound in a single volume where

practical. All documentation submitted with the proposal should be bound in that single volume.

d. Ownership of all data, material and documentation originated and prepared for RPS pursuant to the RFP shall belong exclusively toRPS and be subject to public inspection in accordance with the Virginia Freedom of Information Act; however, the offeror mustInvoke the protection of this section prior to or upon submission ofthe data or other materials, and must identify the data or other materials to be protected and state the reasons why protection is necessary.

3. Oral Presentation :

Offerors who submit a proposal in response to this RFP may be required to give an oral presentation of their proposal. This will provide an opportunity for the offeror to clarify or elaborate on the proposal but will in no way change the original proposal. Oral presentations are an option of the purchasing office and may not be conducted. Therefore, proposal should be complete.

B. Specific Requirements:

Proposals should be as thorough and detailed as possible so that RPS may properly evaluate your capabilities to provide the required services. Offerors are required to submit the following items as a complete proposal:

1. The return of this complete RFP signed, and filled out as required.

2. A written narrative statement including:

A detailed resume evidencing the offerors ability to provide the needed service(s). Years of experience and professional training must be provided.

A listing of contracts under which similar services were performed or undertaken within the past twelve months, and a listing of references which may be contacted by the school division.

An indication of the fees that would be charged for services provided.

III. EVALUATION AND AWARD CRITERIA:

A. Evaluation Criteria: Proposals shall be evaluated by a committee selected by RPS using the following criteria:

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1) Expertise of the Firm and Project Team (30%)

• An overview of your company’s history. Include information on firm size, number of employees, years in business, and location of working office

• Provide assurance of your financial stability. • List a minimum of three (3) current or within the past three (3) years references. Include contact name, firm or agency, phone number or email and a summary of similar services provided. • Identify the team and roles. Include resumes. • Describe any firm or individual experiences with RPS or public schools • Provide any unique strengths or experiences

2) Current Workload, Approach and Timeline (40%)

• Provide information on current workload and how this project will be accomplished within the required timeline • Detail your approach and timelines for milestone tasks necessary to complete this project • Identify any foreseeable problems • Describe how you are able to complete the project within the timeline and funding restraints. • Demonstrate your understanding of the scope of work. Provide outcomes of recent projects. • Describe the other entities you would include in your analyses for purposes of benchmarking • Detail a list of what portion of the work, if any, will be sub-contracted. • Description of the scope of involvement of School staff. • Provide a sample of the final report format.

3) Fee Schedule (30%)

• Provide a maximum cost detailed price schedule including but not limited to individual rates, fees, reimbursable expenses and mileage. List abreakdown for services/tasks by phase and total not to exceed cost. Include proposed payment schedule. Rates are negotiable. • Reimbursable expenses should be assumed to be billed at cost, without markup. Mileage should not exceed the federal limits. • List any Value added services and any cost saving initiatives for this project.

B. General Selection Criteria

After receipt of proposals, a Selection Committee will use the following evaluation criteria and weighting factors in selecting the firm(s) for further individual discussion. The selection committee reserves the right to request

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interviews of the highest ranked firms before making a final decision. Interviews are at the consultant’s expense and will provide an opportunity for

the Offeror to clarify or elaborate on the proposal in an effort to ensure a thorough mutual understanding. A score of up to the maximum points will be given for each criteria:

Criteria Weight Maximum Weight

1. Experience of the Firm and Project Team 30

2. Current Workload, Approach and Timeline 40

4. Fee Schedule 30

Total 100%

C. Award of Contract: Two or more offerors deemed to be fully qualified and best suited among those submitted proposals will be identified on the basis of the evaluation factors stated in the Request for Proposals. Negotiations shall be conducted with each offeror so selected. RPS shall select the offeror which, in its opinion, has made the best proposal, and award the contract to that offeror. RPS may cancel this Request For Proposals or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous (Section 2.2-4359 of the Code of Virginia, 1950 as amended). Should it be determined in writing that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror. The award document will be a contract incorporating by reference the terms and conditions of the solicitation and contractor’s proposal as negotiated.

RPS reserves the right to base its evaluation on a “Should Cost” analysis to reflect real costs. Proposing firms should therefore avoid unbalanced pricing and other cost presentation tactics that attempt to understate, conceal or distort real costs or otherwise take advantage of a mere formula-oriented, non-judgmental type of cost or price analysis. RPS shall look to substance more than format and shall perform its cost and price evaluation on the basis of probable real costs.

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D. Proposed Schedule

Activity Date

Release Request For Proposal September 9, 2014Deadline for Submission of Questions September 17, 2014Deadline For Submission of Proposal September 23, 2014Evaluation of Proposals & Selection Process Approximate September 29-Oct. 1, 2014Interview Finalists, On-site Visits (if appropriateApproximate October 3, 2014Negotiations Approximate October 6-8, 2014Board Approval/Award of Contract Approximate October 10, 2014Start of Work October 21, 2014Completion Date December 8, 2014Committee/Staff Presentation December 12, 2014School Boar Presentation January 5, 2015

E. Contract Period And Contract Administration

The contract shall be for a period of one (1) year effective from October 21, 2014 through October 20, 2015. The contract may be renewed by RPS upon written agreement of both parties for four (4) additional one (1) year periods provided acceptable rates can be negotiated and mutually agreed upon in writing between RPS and Contractor.

The successful administration of this contract will require close coordination with the Executive Director of Human Resources and Director of Budget or his/her designee. The Procurement Division has designated the Contract Administrators as, D. Timothy Billups, Human Resources Department and Betsy Drewry, Budget Department, or his/her designee, who shall coordinate the work, and shall have the authority to make decisions in writing binding their respective employers on matters within the scope of the contract. Any modifications made must be authorized by the Director of Purchasing and issued as a written amendment to the Contract.

IV. SPECIAL TERMS AND CONDITIONS:

A. Proposal Acceptance Period: This proposal shall be binding upon the offeror for 60 calendar days following the proposal due date. Any proposal on which the offeror shortens the acceptance period may be rejected.

B. Cancellations of Contract: Richmond Public Schools reserves the right to cancel and terminate any resulting contract, in part or in whole, without penalty, upon 30 days written notice to the Contractor for just cause or asprovided in Paragraph M below. Any contract cancellation notice shall not relieve the Contractor of the obligation to provide security alarm services until the effective date of cancellation.

13C. Availability of Funds: It is understood and agreed between the parties herein

that the agency shall be bound here under only to the extent of the funds available or which may hereafter become available for the purpose of this agreement.

D. Default: In case of failure to deliver goods or services in accordance with the terms and conditions, Richmond Public Schools, after due oral or written notice, may procure them from other sources and hold the Contractor responsible for any resulting additional purchase and administrative costs. This remedy shall be addition to any other remedies, which Richmond Public Schools may have. Any local stocking facilities, local representative or any other training or personnel requirement furnished under this contract must remain in effect for the entire duration of the contract. Any manufacturer reorganizations or other considerations that alter the contract requirements without Richmond Public Schools approval shall be deemed breach of contract and grounds for Richmond Public Schools void such contract.

E. Ethics in Public Contracting: By submitting their proposals, all Offerors certify that their proposals are made without collusion or fraud and that they have not offered or received any kickbacks or endorsements from any other offeror, supplier, manufacturer or subcontractor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any; payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

F. Closing Date and Time: To be eligible for consideration, proposals must be received on or before September 23, 2014, at 2:30 p.m. Any proposal received late will be returned unopened.

G. Submittals: The original and eight (8) copies of the proposal, signed by the offeror’s contractually binding authority must be received by the closing date and time.

Submit to: Melinda A. Williams, CPPM, CPPB, CPP, VCORichmond Public SchoolsDivision of Purchasing, Vatex Building2395 Hermitage RoadRichmond, VA 23220

H. Inquiries: It is the responsibility of the proposed offeror to inquire, in writing, about any portion of this RFP that the offeror does not understand. Richmond Public Schools will not be bound by verbal responses to questions.All inquiries concerning this RFP should be submitted by the date specified in the Proposed schedule.

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Any contact with any Richmond Public School Board Member or representative or employee, other than that outlined above, concerning this RFP is prohibited. Such unauthorized contact may disqualify your company from this procurement.

I. Proposal Submittal: All proposals should be clearly marked on the outside of sealed packages as follows:

From: Offeror’s NameStreet Address or P.O. Box NumberCity, State, Zip CodeRFP# 14-6592-9Time: 2:30 p.m.Closing Date: September 23, 2014

Addressed to: Melinda A. Williams, CPPM, CPPB, CPP, VCORichmond Public SchoolsDivision of Purchasing, 2395 Hermitage Road, Vatex BuildingRichmond, VA 23220

J. Minority Business Participation: Richmond Public Schools, in awarding contracts to its contractors and suppliers, shall strive to obtain a minimum twenty percent (20%) of the annual aggregate expenditure of contracts and services from minority-owned business enterprises. (See Attachment A) Such contracts and services shall include, but are not limited to, contracts for the sale and furnishing of supplies, materials and equipment, for providing contractual services, and for writing and furnishing policies of insurance and surety bonds in which Richmond Public Schools is the principal insured or party from whom such bond is written and for which policy of insurance or bond the premium charged is billed to Richmond Public Schools.

Minority means a minority that has been subjected to legally mandated racial segregation in the City of Richmond (African-Americans).

K. Advertising: It is understood and agreed that, in the event a contract is awarded for the services to Richmond Public Schools, it shall not be used in any way in product literature or advertising, without prior, written approval or Richmond Public Schools.

L. Virginia Public Procurement Act/NondiscriminationEmployment Discrimination by Contractor Prohibited(Section 11-51, Code of Virginia)

a. During the performance for this solicitation/contract, the Contractor (professional) agrees as follows:

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1. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for

employment, notices setting forth the provisions of this nondiscrimination clause.

2. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer.

3. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

b. The Contractor will include the provisions of the foregoing paragraphs a.1, 2 and 3 in every subcontract or purchase order of over $10,000 so that the provision will be binding upon each subcontractor or vendor.

M. Contract Document – Option to Renew: This RFP, its addenda, successful offeror’s proposal, any additional information requested, the RPS Standard Contract and negotiated changes will constitute the final contract. (Attachment B) These documents will be incorporated by reference into all purchase orders processed as part of this contract. Wherever used herein, this contract refers to the final contract resulting from this RFP evaluation and negotiation process. It is further understood and agreed that a resulting contract may be extended by mutual consent thirty (30) days prior to the expiration of resulting one (1) year terms. Richmond Public Schools and the Contractor may, in writing, one to the other, mutually agree to extend such contact for additional one (1) year terms, not to exceed four (4) additional consecutive years.

N. REJECTION OF PROPOSALS: Richmond Public Schools reserves the right to reject any and all proposals. The Richmond School Board reserves the right to negotiate with the selected Offeror(s) in order to best serve the needs of the School Board, in respect to both cost-effectiveness as well as providing the requested services.

O. EQUAL EMPLOYMENT OPPORTUNITY: In accordance with federal laws, the laws of the Commonwealth of Virginia, and the policies of the School Board of the City of Richmond, Richmond Public Schools does not discriminate on the basis of sex, race, color, age, religion, disability, or national origin in the provision of employment and services. Richmond Public Schools operates equal opportunity and affirmative action programs for students and staff. Richmond Public Schools is an equal opportunity/affirmative action employer.

16P. FAITH BASED ORGANIZATION: Richmond Public Schools does not

discriminate against faith-based organizations.

Q. INSURANCE: The successful Offeror(s) must furnish to the School Board evidence of its professional liability insurance with limits of $1,000,000 for each occurrence. (ATTACHMENT C)

The Offeror(s) also agrees to defend, save harmless, and indemnify the School Board from and against any and all claims for damages against the School Board allegedly caused by its errors, omission, or negligent acts in the performance of services under this contract. The Offeror(s) further agrees to defend, save harmless, and indemnify the School Board from and against all claims for damages against the School Board allegedly caused, or efficiently contributed to, by its intentional failure to perform pursuant to the terms and conditions of this contract.

R. DRUG FREE WORKPLACE: During the performance of the contract, the Offeror agrees to:

• Provide a drug-free workplace for the Offeror's employees.• Post in conspicuous places, available to employees and applicants for

employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Offeror’s workplace and specifying the actions that will be taken against employees for violations of such prohibition.

• State in all solicitations or advertisements for employees placed by or on behalf of the Offeror that the Offeror maintains a drug-free workplace.

• Include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will bebinding upon each vendor.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a Offeror in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.

S. TAXES: Richmond Public Schools is exempt from federal, state, and excise taxes. The contractor shall not include such taxes in any invoices under this agreement. Exemption certificates, if required, will be provided upon request. The contractor shall pay all sales, consumer, use and other similar taxes for the work or portions thereof provided by the contractor which are legally enacted at the time proposals are received, whether or not yet effective. Alltaxes – City of Richmond business license, personal property, real estate and all other applicable tax requirements – are the responsibility of the contractor. Richmond Public Schools assumes no tax liability under the RFP and any resulting contract.

17T. INVOICES: Contractor shall submit to RPS all invoices promptly upon

completion of the requirements for and acceptance of the services required under any resulting contract.

Invoices shall not include any costs other than those identified in the executed RPS purchase order processed under this contract or any subsequent change orders issued by the RPS Purchasing Division.

All shipping costs are the contractor’s responsibility, except to the extent such charges are identified in the executed RPS purchase order or change orders.

Contractor’s invoices shall provide at a minimum:

• Type and description of the service provided;• This RFP number and the RPS Purchase Order number.

U. NONASSIGNMENT: The contractor shall not, under any circumstances, assign the whole or any part of this contract or any monies due or to become due hereunder without prior written consent of RPS. In case the contractor assigns all or any part of any monies due to or to become due under this contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due to or to become due to the contractor shall be subject to prior liens of all persons, firms and corporations for services rendered or materials supplied for the performance of work called for in this contract.

V. FAILURE TO PERFORM

Contractor shall be liable to RPS for all costs RPS incurs as a result of contractor's failure to perform the agreement in accordance with its terms. Contractor's liability shall include, but not limited to:

Damages and other delay costs incurred resulting in improper contractorwork.

RPS increased costs of performance, such as extended overhead and increased performance costs resulting from contractor-caused delays or improper contractor work.

Warranty and rework costs, liability to third party, excess costs, attorney's fees and related costs.

W. SEVERABILITY

If any provision of this contract is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of this contract, and all other provisions of this contract shall remain in full force and effect.

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X. AUDITS

Richmond Public Schools shall have the right to audit all books and records (in whatever form they may be kept, whether written, electronic or other) relating or pertaining to this contract or agreement (including any and all documents and other materials, which support or underlie those books an records), kept by or under the control of the contractor, including, but not limited to those kept by the contractor, its employees, agents, assigns,

successors and subcontractors. The contractor shall maintain such books and records, together with such supporting or underlying documents and materials, for the duration of this contract or agreement and for at least three (3) years following the completion of this contract or agreement, including any and all renewals thereof. The books and records, together with the supporting or underlying documents and materials shall be made available, upon request, to RPS, through its employees, agents, representatives, contractors or other designees, during normal business hours at the contractor's office or place of business in Richmond, Virginia. In the event that no such location is available, then the books and records, together with the supporting or underlying documents and records, shall be made available for audit at a time and location in Richmond, Virginia, which is convenient for RPS. This paragraph shall not be construed to limit, revoke or abridge any other rights, powers or obligations relating to audit, which RPS may have by state, RPS, or federal statute, ordinance, regulation or agreement, whether those rights, powers or obligations are express or implied.

Y. ANTICOLLUSION CLAUSE

During the preparation and submission of this proposal, the offeror agrees as follows:

Offeror did not either directly or indirectly enter into any combination or arrangement with any person, firm or corporation, or enter into any agreement, participate in any collusion, or otherwise take any action in the restraint of free competitive bidding in violation of the Sherman Act (15 U.S.C. Section 1), Sections 59.1-9.1 through 59.1-9.17 or Section 59.1-68.6 through 59.1-68.8 of the Code of Virginia of 1950, as amended.

Offeror hereby certifies that this agreement, or any claims resulting there from, is not the result of, or affected by, any act of collusion with, or any act of, another person or persons, firm or corporation engaged in the same line of business or commerce; and, that no person acting for, or employed by,

Richmond Public Schools has an interest in, or is concerned with, this proposal, and, that no person or persons, firm or corporation other than the offeror, have, or are, interested in this proposal.

Z. ANTITRUST

Any perceived incidence of price fixing or antitrust violation shall be reported to the State Attorney General for possible enforcement of the antitrust laws.

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AA. APPLICABLE LAW

This contract shall be deemed to be a Virginia contract and shall be governed as to all matters, whether of validity, interpretations, obligations, performance or otherwise, exclusively by the laws of the Commonwealth of Virginia. All questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and

accepted, this contract shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. Sales to schools are not affected by any fair trade agreements.

AB. LAWS AND REGULATIONS

Contractor attention is directed to the fact that all applicable federal, state and local laws, municipal ordinances, including all rules and regulations of all authorities having jurisdiction over the project shall apply to this contract. They will be deemed to be included in this contract the same as though herein written out in full. Contractor must possess all necessary licenses and permits required to conduct its business and will acquire any additional licenses and permits necessary for performance of this contract prior to the initiation of work. If the contractor is a corporation, contractor further expressly represents that it is a corporation of good standing in the Commonwealth of Virginia and will remain in good standing throughout the term of this contract and any extensions.

AC. VENUE

This agreement is made in and shall be governed by the laws of the Commonwealth of Virginia. Venue shall be in the Circuit Court of the City of Richmond, Virginia and the United States District Court for the Eastern District of Virginia, Richmond Division, compliant with applicable laws and regulations, as deemed appropriate by RPS.

AD. CERTIFICATION OF CRIMES AGAINST CHILDREN

The Contractor shall certify that Contractor, Contractor’s employees, and all other persons who will have direct contact with students on school property during regular school hours or during school-sponsored activities have not been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child. In accordance with this paragraph, Contractor shall execute the certification attached hereto as Exhibit IV and submit the certification contemporaneously with this executed Contract.

Pursuant to Code of Virginia §22.1-296.1, any person making a materially false statement regarding offenses which are required to be included in the certification referenced above shall be guilty of a Class 1 misdemeanor and, upon conviction, the fact of such conviction shall be grounds for the revocation of the contract to provide such services and, when relevant, the revocation of any license required to provide such services. Richmond Public Schools shall not be liable for materially false statements regarding the certifications required under this Contract.

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AE. CERTIFICATION OF INTEREST & RELATIONSHIPS WITH SCHOOL BOARD AND RICHMOND PUBLIC SCHOOLS EMPLOYEES

To the extent that neither Contractor nor any of Contractor’s officers, directors, or executive employees, maintains a financial or familial relationship with any person acting for, or employed by, the School Board or

Richmond Public Schools, Contractor shall reveal such relationships to the School Board. In accordance with this paragraph, Contractor shall execute the certification attached hereto as Exhibit V and submit the certification contemporaneously with this executed Contract.

AF. ADA COMPLIANCE

Pursuant to the Americans with Disabilities Act, any person requiring special accommodations to participate in this proceeding should contact the Purchasing Officer no later than three (3) business days prior to the meeting at (804) 780-6185. If you are hearing or speech impaired, please contact the agency by calling the Americans with Disability Act Office TTY line at (804) 780-6226.

AG. UNAUTHORIZED ALIENS

The Contractor certifies that it does not, and shall not during the performance of this Contract, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

AH. HOLD HARMLESS – INDEMNIFICATION

It is understood and agreed that contractor hereby assumes the entire responsibility and liability for any and all damages to persons or property caused by or resulting from or arising out of any act or omission on the part of the contractor, or its subcontractors, agents or employees under or in connection with this contract or the performance or failure to perform any work required by the contract. Contractor agrees to indemnify and hold harmless Richmond Public Schools and its agents, volunteers, servants, employees and officials from and against any and all claims, losses, or expenses, including reasonable attorney's fees and litigation expenses suffered by any indemnified party or entity as the result of claims or suits due to, arising out of or in connection with (a) any and all such damages, real or alleged, (b) the violation of any law applicable to this contract, and (c) the performance of the work by contractor or those for whom contractor is legally liable. Upon written demand by Richmond Public Schools, contractorshall assume and defend at contractor's sole expense any and all such suits or defense of claims made against Richmond Public Schools, or its agents, volunteers, servants, employees or officials.

AI. EXTENSION OF CONTRACT

Richmond Public Schools reserves the right to extend the resulting Contract for any reason for a period(s) up to but not to exceed 12 months. Any

21extension beyond 12 months will be subject to RPS renewal clause as stipulated above.

This provision in no way impacts or alters the RPS’s ability to renew the resulting contract consistent with the renewal option clause. This extension clause may be exercised when RPS determines that an extension of the contract is advantageous to the School Board. If it is then decided to renew the resulting contract, the renewal date will commence on the day following the last day of the contract extension.

AJ. CONSUMER PRICE INDEX (CPI)

For future contract periods, price increases shall be limited to the percentage increase in the Consumer Price Index, Urban Wage Earners and Clerical Workers (CPI-W), U.S. City Average, Professional Services for the most recently published twelve months as published by the U.S. Department of Labor, Bureau of Labor Statistics. The base price to which any adjustments will be made shall be the prices in effect during the contract terms prior to the proposed term.

AK. COMMONWEALTH OF VIRGINIA REGISTRATION

Pursuant to Code of Virginia §2.2-4311.2 as amended, the Contractors warrants that it is authorized to transact business in the Commonwealth of

Virginia if so required by Title 13.1 or Title 50 or as otherwise required by law, and agrees to maintain such authorization during the Performance of this Contract. Vendor must submit appropriate documentation with their bid if required. (Attachment D)

AL. NOTICES

All notices, requests, demands, and elections under the contract, other than routine operational communications, shall be in writing and shall be deemed to have been duly given on the date when hand-delivered, or on the date of the confirmed facsimile transmission, or on the date received when delivered by courier that has a reliable system for tracking delivery, or six (6) business days after the date of mailing when mailed by United States mail, registered or certified mail, return receipt requested, postage prepaid. All notices shall be addressed to the following individuals.

To Richmond Public Schools: Purchasing Officer.To Successful Offeror: Manager as defined in successful Offeror proposal.

Either party may from time to time change the individual(s) to receive notices and/or its address for notification purposes by giving the other party written notice as provided above.

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AM. ASSIGNMENT

Neither the School Board nor the Contractor shall assign, sublet or transfer its interest in this Contract without the prior written consent of such other party.

AN. OPTION TO RENEW

It is further understood and agreed that a resulting contract may be extended by mutual consent and written notice sixty (60) days prior to the expiration of the

resulting one (1) year contract. The School Board and the contractor may, in writing, one to the other, mutually agree to extend such contract for a period of one (1) year up to, but not exceeding, a maximum of four (4) additional consecutive years.

AO. BOND

Richmond Public Schools reserves the right to require the successful Offeror to furnish a performance and payment bond in the amount of contract before award of contract. If no bond can be furnished by the successful offeror, Richmond Public Schools reserves the right to negotiate a contract with the next Offeror.

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