: Denver Public Schools’ Strategic Sourcing Department is ...purchasingts.dpsk12.org/bids/openbids/BD1779.pdf · Strategic Sourcing Department 780 Grant Street Denver, CO 80203

Request for Proposal BD1779, Online Payment Processing System Page 1 of 35

Strategic Sourcing Department 780 Grant Street Denver, CO 80203 Date: September 30th, 2016 Subject: Request For Proposal, BD1779, Online Payment Processing System Enclosures: (1) Request for proposal cover sheet

(2) General terms and conditions (3) Special terms and conditions

(4) Scope of work/Specifications (5) Student Data, Information & Records (6) Certification of Destruction\Return of District Information To: All prospective bidders: Thank you for obtaining this Request For Proposal online. Please note: Denver Public Schools’ Strategic Sourcing Department is also using an online ‘Bid Provider’ service, ‘Bid Net’. Please refer to Bids and Proposals section under Doing Business/Bids option on the DPS Strategic Sourcing website for official bid documents. Please, carefully review the proposal as the District’s proposal documents have been revised. Enclosed, please find a Request for Proposal to provide Denver Public Schools with an online payment processing system for multiple program services. Unless otherwise noted, (bidders) must provide a proposal on all of the requirements stated within this request. Bidders must be able to commit the resources necessary to provide the services requested in a timely manner and conform to the material aspects of the scope of work enclosed. To be considered valid in the selection process, all proposals must follow the critical dates, as set forth below: Critical dates: 1) RFP Issue date – Friday, September 30th, 2016. 2) Bidder Optional Conference Call – Friday, October 7th, 2016 1:00PM, Mountain Standard Time. This pre-bid conference call is optional and will review the scope of work documents and requirements of the RFP with potential bidders. The maximum time for this call will be one hour. Please note that in order to participate in this call and to receive dial in bridge information; you must email DeeDee Case, [email protected] by Tuesday, October 4th, 2016. Due to space limitations, we cannot have any vendors on-site for this call. 3) Questions due date – Friday, October 14th, 2016, 3:00PM, Mountain Standard Time. Questions which arise during the response preparation period regarding issues around this solicitation, purchasing and/or award should be directed, in writing, via email to DeeDee Case, [email protected] . The Vendor submitting the question shall be responsible for ensuring that the question is received by the buyer no later than 3:00pm MDT Friday, October 14th, 2016. Responses to questions will be provided in writing to all prospective bidders, by Friday, October 21st, 2016 3:00PM, Mountain Standard Time. 4) Proposal due date – Proposals must be received in the District’s Strategic Sourcing Office on or before Friday, November 4th, 2016, 3PM, Mountain Standard Time. Proposals received after this date and time will not be considered and individual extensions to the due date will not be granted. If you are hand delivering your response on the due date, allow enough time to find parking (the District does have a parking lot but space is limited and access may be denied) and security check-in. The District will not accept an e-mail or fax response to this Request for Proposal. You are responsible

mailto:[email protected]



to address the envelope as follows- Denver Public Schools, Strategic Sourcing Department, 780 Grant Street, Denver, Colorado 80203, Attn: DeeDee Case BD#1779. 5) Proposal Expiration date – Bidder must indicate an expiration date for the proposal and pricing. Any expiration date shall not be less than (90) days from the proposal due date as indicated herein. Please be advised that the award is based upon the content of the bidder’s proposal. Organized, succinct and straightforward submissions are appreciated. There is no need to go to excessive costs in preparing elaborate packaging. Prior to a formal award, all contract terms and conditions must be agreed upon by all parties. Please address any inquiries to the buyer via email. Sincerely, DeeDee Case, CPPB Manager of Strategic Sourcing


Denver Public Schools

Strategic Sourcing Department 780 Grant Street,

Denver, Colorado 80203

REQUEST FOR PROPOSAL BD1779

COVER SHEET-FILE IN TAB A

_________________________________________________________________________________________________

Date: Friday, September 30th, 2016

Proposal number: BD1779

Proposal title: Online Payment Processing System

Proposals will be received until: Friday, November 4th, 2016 3:00 p.m., local standard time 780 Grant Street Denver, Colorado 80203

Goods or services to be delivered to or performed at: Emily Griffith Campus 1860 Lincoln Street Denver, Colorado 80202

For additional information please contact the buyer: DeeDee Case 720-423-1307.

Email Address: [email protected]

Documents included in this package: Request for proposal cover sheet General terms and conditions Special terms and conditions

Scope of work/Specifications Student Data, Information & Records Certification of Destruction\Return of District Information Please email the purchasing contact if any of the documents listed above are missing from this package. The undersigned hereby affirms that (1) he/she is a duly authorized agent of the Vendor, (2) he/she has read all terms and conditions and technical specifications which were made available in conjunction with this solicitation and fully understands and accepts them unless specific variations have been expressly listed in his/her offer, (3) that the offer is being submitted on behalf of the Vendor in accordance with any terms and conditions set forth in this document, and (4) that the Vendor will accept any awards made to it as a result of the offer submitted herein for a minimum of ninety calendar days following the date of submission.

PRINT OR TYPE YOUR INFORMATION

Name of Company: ____________________________________________ Fax: _____________

Address: ________________________ City/State: ________________ Zip: ______________

Contact Person: ___________________ Title: _____________________ Phone: ___________

Authorized Representative’s Signature: ____________________________ Phone: ___________

Printed Name: ____________________ Title: _____________________ Date: ____________

Email Address: ___________________ Approved by: ______________ Date: ____________

Reviewed by: ______________ Date: ____________


Denver Public Schools Strategic Sourcing Department

780 Grant Street, Denver, Colorado 80203


GENERAL TERMS AND CONDITIONS

I. APPLICABILITY. These General Terms and Conditions apply, but are not limited, to all bids, proposals,

qualifications and quotations (hereinafter referred to as “Offers” or “Responses”) made to the Denver Public Schools (hereinafter referred to as "District") by all prospective suppliers (herein after referred to as "Vendors") in response, but not limited, to Invitations to Bid, Requests for Proposals, Requests for Qualifications, and Requests for Quotations (hereinafter referred to as “Solicitations”).

II. CONTENTS OF OFFER

A. General Conditions. Vendors are required to submit their Offers in accordance with the following expressed

conditions: 1. Vendors shall make all investigations necessary to thoroughly inform themselves regarding the plant and

facilities affected by the delivery of materials and services as required by the conditions of the Solicitation. No plea of ignorance by the Vendor of conditions that exist or that may hereafter exist as a result of failure to fulfill the requirements of the contract documents will be accepted as the basis for varying the requirements of the District or the compensation to the Vendor.

2. Vendors are advised that all District contracts are subject to all legal requirements contained in the District

Board policies, the Strategic Sourcing Department's procedures and state and federal statutes. When conflicts between the Solicitation and these legal documents occur, the highest authority will prevail.

3. Vendors are required to state exactly what they intend to furnish to the District via this Solicitation and must

indicate any variances to the terms, conditions, and specifications of this Solicitation no matter how slight. If variations are not stated in the Vendor’s Offer, it shall be construed that the Vendor’s Offer fully complies with all conditions identified in this Solicitation.

4. Denver Public Schools intends and expects that the contracting processes of the District and its Vendors

provide equal opportunity without regard to gender, race, ethnicity, religion, age or disability and that its Vendors make available equal opportunities to the extent third parties are engaged to provide goods and services to the District as subcontractors, vendors, or otherwise. Accordingly, the Vendor shall not discriminate on any of the foregoing grounds in the performance of the contract, and shall make available equal opportunities to the extent third parties are engaged to provide goods and services in connection with performance of the contract (joint ventures are encouraged). The Vendor shall disseminate information regarding all subcontracting opportunities under this contract in a manner reasonably calculated to reach all qualified potential subcontractors who may be interested. The Vendor shall maintain records demonstrating its compliance with this article and shall make such records available to the District upon the District’s request.

5. All Offers and other materials submitted in response to this Solicitation shall become the property of the

Denver Public Schools.


B. Open Records. Disclosure of information to the District. The Vendor understands that all material provided or produced under this Agreement may be subject to the Colorado Open Records Act, § 24-72-201, et seq., C.R.S. (2006), and that in the event of a request to the District for disclosure of such information, the District shall advise the Vendor of such request in order to give the Vendor the opportunity to object to the disclosure of any of its proprietary or confidential material. In the event of the filing of a lawsuit to compel such disclosure, the District will tender all such material to the court for judicial determination of the issue of disclosure and the Vendor agrees to intervene in such lawsuit to protect and assert its claims of privilege and against disclosure of such material or waive the same. The Vendor further agrees to defend, indemnify and save and hold harmless the District, its officers, agents and employees, from any claims, damages, expenses, losses or costs arising out of the Vendor’s intervention to protect and assert its claim of privilege against disclosure under this Article including, but not limited to, prompt reimbursement to the District of all reasonable attorney fees, costs and damages that the District may incur directly or may be ordered to pay by such court.

C. Worker's Compensation Insurance. Each contractor and subcontractor shall maintain at his own expense until

completion of his work and acceptance thereof by the District, Worker’s Compensation Insurance, including occupational disease provisions, covering the obligations of the contractor or subcontractor in accordance with the provisions of the laws of the State of Colorado. The contractor shall furnish the District with a certificate giving evidence that he is covered by the Worker’s Compensation Insurance herein required, each certificate specifically stating that such insurance includes occupational disease provisions and provisions preventing cancellation without five days’ prior notice to the District in writing.

D. Clarification and Modifications in Terms and Conditions.

1. Where there appear to be variances or conflicts between the General Terms and Conditions, the Special Terms and Conditions and the Technical Specifications outlined in this Solicitation, the Technical Specifications then the Special Terms and Conditions will prevail.

2. If any Vendor contemplating submitting an Offer under this Solicitation is in doubt as to the true meaning of

the specifications, the Vendor must submit a written request for clarification to the District's Contact person as stated in the Special Terms and Conditions. The Vendor submitting the request shall be responsible for ensuring that the request is received by the District at least five calendar days prior to the scheduled Solicitation opening or as stated in the Special Terms and Conditions.

Any official interpretation of this Solicitation must be made, in writing, by an agent of the District's Strategic Sourcing Department who is authorized to act on behalf of the District. The District shall not be responsible for interpretations offered by employees of the District who are not agents of the District's Strategic Sourcing Department.

The District shall issue a written addendum if substantial changes which impact the technical submission of Offers are required. Such addenda will be posted on the Strategic Sourcing Department web site (http://purchasingts.dpsk12.org/bids/default.asp). Vendors are responsible for either revisiting this website prior to the due date or contacting the designated buyer to ensure that they have any addenda which may have been issued after the initial download. The Vendor shall certify its acknowledgment of the addendum by signing the addendum and returning it with its Offer. In the event of conflict with the original contract documents, addenda shall govern all other contract documents to the extent specified. Subsequent addenda shall govern over prior addenda only to the extent specified.

E. Prices Contained in Offer--Discounts, Taxes, Collusion.

1. Vendors may offer a cash discount for prompt payment. Discounts will be considered in determining the

lowest net cost for the evaluation of Offers; discounts for periods of less than twenty days, however, will not be considered in making the award.

2. Vendors shall not include federal, state, or local excise or sales taxes in prices offered, as the District is

exempt from payment of such taxes. 3. The Vendor, by affixing its signature to this Solicitation, certifies that its Offer is made without previous

understanding, agreement, or connection either with any persons, firms or corporations making an Offer for the same items, or with the District. The Vendor also certifies that its Offer is in all respects fair, without

http://purchasingts.dpsk12.org/bids/default.asp


outside control, collusion, fraud, or otherwise illegal action. To insure integrity of the District's public procurement process, all Vendors are hereby placed on notice that any and all Vendors who falsify the certifications required in conjunction with this section will be prosecuted to the fullest extent of the law.

III. PREPARATION AND SUBMISSION OF OFFER

A. Preparation.

1. The Offer must be typed or legibly printed in ink. The use of erasable ink is not permitted. All corrections

made by the Vendor must be initialed in blue ink by the authorized agent of the Vendor. 2. Offers must contain, in blue ink, a manual signature of an authorized agent of the Vendor in the space

provided on the Solicitation cover page. The original cover page of this Solicitation must be included in all Offers. If the Vendor’s authorized agent fails to sign and return the original cover page of the Solicitation, its Offer shall be invalid and shall not be considered.

3. Unit prices shall be provided by the Vendor on the Solicitation’s Specification and Pricing Form when required

in conjunction with the prescribed method of award and shall be for the unit of measure requested. Prices that are not in accordance with the measurements and descriptions requested may be considered non-responsive and may not be considered. Where there is a discrepancy between the unit price and the extension of prices, the unit price shall prevail.

4. Alternate Offers will not be considered unless expressly permitted in the Specification’s Special Terms and

Conditions. 5. The accuracy of the Offer is the sole responsibility of the Vendor. No changes in the Offer shall be allowed

after the date and time that the Offers are due.

B. Organization of BID response: (See scope of work section for additional details)

TAB A - Submittal Documents

TAB B - Management Summary

TAB C - Vendor Profile

TAB D - Solution Details

TAB E - Hardware Specifications

TAB F - Software Specifications

TAB G - Training, Support, and Supplemental Materials

TAB H - Business Continuity and Disaster Recovery

TAB I - Upgrade Releases and Patches

TAB J - Security and Confidentiality

TAB K - Project Schedule and Implementation Plan

TAB L - Risk Analysis

TAB M - Costs: Please provide pricing as described below for the Online Payment Solution.

TAB N - Redacted Copy of Bid Response Please complete and provide Appendix B & C: To receive an Excel version of the spreadsheet, please contact DeeDee Case [email protected] . Please return Appendix B & C as an Excel Worksheet.



C. Submission 1. The original offer shall be sealed in an envelope with the Vendor’s name and the RFP number on the outside

and marked, ‘Master’. This master copy shall be sent or delivered to the District’s Strategic Sourcing Offices- Denver Public Schools, 780 Grant Street, Denver, Colorado 80203.

2. Furnish one complete copy of your Proposal on a portable storage drive device (thumb drive) along with the

master paper copy. The District will distribute this electronic version for evaluation. Please ensure that this copy is complete and accurate and includes all proposal content, descriptions and pricing.

3. In the event that there is an “Open Records Request” the District asks that each Vendor furnish one (1),

electronic redacted (as needed) version of their proposal. Be sure to clearly mark each proposal as “Master” or “Redacted”. The District will not be responsible for evaluating the incorrect proposal if they are not clearly labeled. When the District has an “Open Records Request” each Vendor has 36 hours to respond or we will provide the original bid response.

4. Unless otherwise specified, when a Specification and Pricing form is included as a part of the Solicitation, it

must be used when the Vendor is submitting its Offer. The Vendor shall not alter this form (e.g. add or modify categories for posting prices offered) unless expressly permitted in the addendum duly issued by the District. No other form shall be accepted.

5. Offers submitted via facsimile machines or email will not be accepted. 6. Vendors which qualify their Offers by requiring alternate contractual terms and conditions as a stipulation for

contract award must include such alternate terms and conditions in their Offers. The District reserves the right to declare Vendors’ Offers as non-responsive if any of these alternate terms and conditions are in conflict with the District's terms and conditions, or if they are not in the best interests of the District.

D. Late Offers. Offers received after the date and time set for the opening shall be considered non-responsive and

returned unopened to the Vendor. (Note: If you are hand delivering your response to the District on the due date, please allow ample time for parking. Space is limited in the District’s parking lot and additional time may be required for security check in).

E. Supplier Portal. All Vendors are required to register on the DPS Supplier Portal. Access to the portal is at:

http://purchasing.dpsk12.org/.

IV. MODIFICATION OR WITHDRAWAL OF OFFERS

A. Modifications to Offers. Offers may only be modified in the form of a written notice on company letterhead and

must be received prior to the time and date set for the Offers to be opened. Each modification submitted to the District’s Strategic Sourcing Department must have the Vendor’s name and return address and the applicable Solicitation number and title clearly marked on the face of the envelope. If more than one modification is submitted, the modification bearing the latest date of receipt by the District’s Strategic Sourcing Department will be considered the valid modification.

B. Withdrawal of Offers

1. Offers may be withdrawn prior to the time and date set for the opening. Such requests must be made in

writing on company letterhead. 2. In accordance with the Uniform Commercial Code, Offers may not be withdrawn after the time and date set

for the opening for a period of ninety calendar days. If an Offer is withdrawn by the Vendor during this ninety day period, the District may, at its option, suspend the Vendor from the bid list and may not accept any Offer from the Vendor for a six month period following the withdrawal.

http://purchasing.dpsk12.org/


V. REJECTION OF OFFERS

A. Rejection of Offers. The District may, at its sole and absolute discretion: 1. Reject any and all, or parts of any or all, Offers submitted by prospective Vendors; 2. Re-advertise this Solicitation; 3. Postpone or cancel the process; 4. Waive any irregularities in the Offers received in conjunction with this Solicitation to accept an offer(s) which

has additional value or function and/or is determined to be more advantageous to the District; and/or 5. Determine the criteria and process whereby Offers are evaluated and awarded. No damages shall be recoverable by any challenger as a result of these determinations or decisions by the District.

B. Rejection of a Particular Offer. The District may, at its sole and absolute discretion, reject an offer under any of the following conditions: 1. The Vendor misstates or conceals any material fact in its Offer; 2. The Vendor’s Offer does not strictly conform to the law or the requirements of the Solicitation; 3. The Offer expressly requires or implies a conditional award that conflicts with the method of award stipulated

in the Solicitation’s Special Terms and Conditions; 4. The Offer does not include documents, including, but not limited to, certificates, licenses, and/or samples,

which are required for submission with the Offer in conjunction with the Solicitation’s Special Terms and Conditions and/or Technical Specifications; or

5. The Offer has not been executed by the Vendor through an authorized signature on the Specification’s Cover

Sheet.

C. Elimination from Consideration 1. An Offer may not be accepted from, nor any contract be awarded to, any person or firm which is in arrears to

the District upon any debt or contract or which is a defaulter as surety or otherwise upon any obligation to the District.

2. An Offer may not be accepted from, nor any contract awarded to, any person or firm which has failed to

perform faithfully any previous contract with the District, state or federal government, for a minimum period of three years after this previous contract was terminated for cause.

D. The District reserves the right to waive any technical or formal errors or omissions and to reject any and all bids, or

to award contract for the items hereon, either in part or whole, if it is deemed to be in the best interest of the District to do so.

VI. COMPLIANCE WITH LAW AND DISTRICT POLICIES. The Contractor will comply with all laws, regulations, municipal codes and ordinances and other workplace requirements and standards applicable to the provision of services/work performed including, without limitation, federal and state laws governing wages and overtime, civil rights/employment discrimination, equal employment, safety and health, verifiable security background checks, employees' citizenship, with-holdings, pensions, reports, record keeping, and campaign contributions and political finance.

A. The Contractor certifies that it shall comply with the provisions of C.R.S. 8-17.5-101, et seq. In accordance with that law, the Contractor shall not knowingly employ or contract with an illegal alien to perform work under this


Agreement or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. The Contractor represents, warrants, and agrees that it: (i) has verified that it does not employ any illegal aliens, through participation in the E Verify Program; and (ii) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). The Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If the Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., the District may terminate this Agreement for breach and the Contractor shall be liable for actual and consequential damages to the District.

B. The Contractor, if a natural person eighteen (18) years of age or older, hereby swears or affirms under penalty of perjury that he or she (i) is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of C.R.S. 24-76.5-101, et seq., and (iii) shall produce one of the forms of identification required by C.R.S. 24-76.5-103 prior to the effective date of this Agreement.

C. The Contractor, if a natural person eighteen (18) years of age or older, hereby swears or affirms under penalty of

perjury that he or she (i) is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of C.R.S. 24-76.5-101, et seq., and (iii) shall produce one of the forms of identification required by C.R.S. 24-76.5-103 prior to the effective date of this Agreement.

D. DEBARMENT, SUSPENSION CERTIFICATION - The Contractor certifies that neither it nor its principals are

presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. The Contractor shall comply with the regulations found within 45 CFR Part 620, "Government Debarment and Suspension (Non-procurement)."

VII. AWARD OF CONTRACT. The District shall award a contract to a Vendor through the issuance of a Purchase Order or a Notice of Award. The General Terms and Conditions, the Special Terms and Conditions, any Technical Specifications, the Vendor’s Offer, and the Purchase Order or Notice of Award are collectively an integral part of the contract between the Denver Public Schools and the successful Vendor. Accordingly, these documents shall constitute a binding contract without further action by either party. VIII. APPEAL OF AWARD. Vendors may appeal by submitting, in writing, a detailed request for reconsideration to the District's Director of Strategic Sourcing within 72 hours after the recommendation of award is posted on the Strategic Sourcing Department's web site at http://purchasing.dpsk12.org/bids/default.asp, provided that the appeal is sought by the Vendor prior to the District finalizing a contract with the selected Vendor. IX. CONTRACTUAL OBLIGATIONS

A. Local, State and Federal Compliance Requirements. Successful Vendors shall be familiar and comply with all

local, state, and federal directives, ordinances, rules, orders, and laws applicable to, and affected by, this contract including, but not limited to, Equal Employment Opportunity (EEO) regulations, Occupational Safety and Health Act (OSHA), and Title II of the Americans with Disabilities Act (ADA).

B. Disposition. The Vendor shall not assign, transfer, convey, sublet, or otherwise dispose of this contract, including

any or all of its right, title or interest therein, or its power to execute such contract to any person, company or corporation, without prior written consent of the District.

C. Employees. All employees of the Vendor shall be considered to be, at all times, employees of the Vendor, under

its sole direction, and not an employee or agent of the District.

1. The District may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable, and whose continued employment on District property is not in the best interest of the District.

2. The Vendor shall not employ, retain, hire or use any individual that has been convicted of any felony charges

as the same is defined under the laws of the State of Colorado in the performance of the services to be

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rendered and materials to be provided to the District pursuant to this Solicitation unless the Vendor receives prior written permission.

3. In accordance with the District’s policy regarding the use of tobacco products, no employee of the Vendor shall be permitted to use tobacco products when performing work on District property.

4. To protect the staff and program against undue invasion of the school or work day, sales representatives shall

not be permitted in schools or other departments for the purpose of making sales unless authorized to do so by the Director of Strategic Sourcing or his/her designee. If special or technical details concerning goods or services to be purchased are required, the involvement of Vendors should be coordinated through the Strategic Sourcing Department.

D. Delivery. Prices, quotes and deliveries are to be FOB destination, freight prepaid, and shall require inside

delivery unless otherwise specified in the Solicitation’s Special Terms and Conditions. Title and risk of loss shall pass to the District upon inspection and acceptance by the District at its designated point of delivery, unless otherwise specified in the Special Terms and Conditions. In the event that the Vendor defaults on its contract or the contract is terminated for cause due to performance, the District reserves the right to re-procure the materials or services from the next lowest Vendor or from other sources during the remaining term of the terminated/defaulted contract. Under this arrangement, the District shall charge the Vendor any difference between the Vendor’s price and the price to be paid to the next lowest Vendor, as well as any costs associated with the re-solicitation effort

E. Material Priced Incorrectly. As part of any award resulting from this process, Vendor(s) will discount all

transactions as agreed. In the event the District discovers, through its contract monitoring process or formal audit process, that material was priced incorrectly, Vendor(s) agree to promptly refund all overpayments and to pay all reasonable audit expenses incurred as a result of the non-compliance.

X. MODIFICATIONS TO EXISTING CONTRACT

Terms and conditions may be added, modified, and deleted upon mutual agreement between agents of the District and the Vendor provided that such terms and conditions remain within the scope and original intent of the Solicitation. Said terms and conditions may include, but are not limited to, additions or deletions of service levels and/or commodities and/or increases or decreases in the time limits for an existing contract. Any and all modifications must be expressed in writing through a Memorandum of Understanding and executed by authorized agents of the District and the Vendor prior to the enactment of such modifications.

XI. TERMINATION OF CONTRACT

A. The District may, by written notice to the successful Vendor, terminate the contract if the Vendor has been found

to have failed to perform its service in a manner satisfactory to the District as per specifications, including delivery as specified. The date of termination shall be stated in the notice. The District shall be the sole judge of non-performance.

B. The District may cancel the contract, without penalty, upon thirty days written notice for reason other than cause.

This may include the District's inability to continue with the contract due to the elimination or reduction of funding.


XII. EVALUATION CRITERIA / METHOD OF AWARD This RFP will be evaluated by an evaluation team consisting of the staff members representing Office of the Controller, Athletics, Tuition, Enterprise Management, Extended Learning, Academic Product, and Department of Technology. This Evaluation Committee will evaluate and score proposals based upon the below, pre-established criteria:

Category Points

Bidder's Capabilities • Terms and conditions compliant • Description of firm and organization, size and background • Financial condition of the Vendor • System maintenance procedures • Third-party contracted services and reliance

5

Past Performance and References • Past performance for similar requirements and systems • Relevant references - School Districts, Municipalities or other industries for compensation experience

5

Requirements Design and solution proposed as defined in fulfilling the desired features and functions as described by the scope. The total points associated with design and solution are allocated as indicated below.

60

1 Payments 10

2 Accounting 10

3 Quality, Compliance and Auditing 5

4 System Integration, Technical and Infrastructure, and Technical Support 15

5 Reporting 5

6 Tool Specifications 5

7 Forms / Data Capture 10

Project Implementation Schedule • Ability to meet the District schedules for all deliverables • Implementation scope and resources; Standard package and customization

10

End User / Parent Interface Setup, Training & Customer Service • Implementation, User setup, Navigation process • Ease of Use • Ongoing Customer Service Support and Contacts • Details of training programs offered for administrators, staff and parents • Initial scope of training and ongoing training options

10

Pricing/Value Added Components • Pricing per options • Discounts/Incentives • Programs or equipment offered • Solution Value

10

Total 100

A. Round One: Evaluation scores will be based upon the written responses provided to the District for the RFP

using the table above. After all responses have been evaluated and scored, the Committee will invite a limited number of the highest scoring responses to participate in “Round Two” where they will be able to present to the Evaluation Committee. The number of Vendors who are invited to participate in the second round will be determined by the Committee after all the written responses have been collected, evaluated and scored. Please Note: Round One will have a maximum point value of 100.


Please Note: The overall score from Round One is only used to determine the Round 2 participants.

B. Round Two: Will be an on-site presentation/interview to the Committee and other interested parties. Vendors will be notified via e-mail that they have been invited to participate in this round. Round Two will be based on a ranking scale. Vendors will be given further information with their invitation to present and the finalist will be determined based upon the ranking scale.

The District reserves the right to conduct negotiations with Vendors and to accept revisions of proposals.

During this negotiation period, the District will not disclose any information derived from proposals submitted or from discussions with other Vendors. CONSIGNMENT OF CONTRACT NOT ALLOWED: If applicable, responses will only be considered from companies that are directly engaged in the business of manufacturing and/or distributing the goods and/or performing the services

described in this solicitation. Accordingly, no part of this contract can be consigned to another Vendor.





SPECIAL TERMS AND CONDITIONS

PURPOSE: The purpose of the Online Payment project is to implement an Online Payment tool for the District.

● The Tool will improve the parent/guardian experience by creating a single secure website to review and pay all student fees.

● Increase ease of use and drive efficiencies for schools and departments. ● Promote accounting best practices district wide with tools and processes that improve financial reporting,

transparency and fiscal responsibility. ● Promote treasury best practices by minimizing cash handling and reconciliation requirements for schools and

departments. ● Implement an easy to use form solution that integrates with the payment process and pre-populates fields with

existing data. TERM OF CONTRACT: This contract shall commence January, 2017 and shall remain in effect through December 31, 2022. Notwithstanding, it shall be understood and agreed that any required warranty period which exceeds this term shall remain in full force for the duration of the warranty period. OPTION TO RENEW: Yes RECAP OF OFFERS SUBMITTED: Vendors wishing to receive a recap after recommended award of the Solicitation may do so by including an email address in the space provided: ________________________ METHOD OF AWARD - BEST EVALUATIVE SCORE BASED ON WRITTEN RESPONSE AND ORAL PRESENTATION: It is the intent of the District to award this Contract to the Vendor who receives the highest score when the Responses submitted by interested Vendors are reviewed by the District's Response Evaluation Committee. For this Solicitation, the Evaluation Committee will score Responses in two phases. In the first phase, the Committee will score written Responses by reviewing documentation submitted by the Vendors. Evaluation will be based on the following criteria: see page 11. In the second phase, the Committee will invite a limited number of Vendors who received the highest scores during phase one to provide an oral presentation. The number of Vendors who are invited to provide an oral presentation will be determined by the Committee after the written Responses have been scored. Round Two will be based on a ranking scale. Vendors will be given further information with their invitation to present and the finalist will be determined based upon the ranking scale. The District reserves the right to conduct negotiations with Vendors and to accept revisions of proposals. During this negotiation period, the District will not disclose any information derived SALES TAX: The District is exempt from paying State or Local Sales Taxes. Not withstanding, Vendors should be aware of the fact that all materials and supplies which are purchased directly by the Vendor in conjunction with this contract will be subject to applicable state and local sales taxes and these taxes shall be borne by the Vendor. MATERIAL PRICED INCORRECTLY: As part of any award resulting from this process, Vendor(s) will discount all transactions as agreed. In the event the District discovers, through its contract monitoring process or formal audit


process, that material was priced incorrectly, Vendor(s) agree to promptly refund all overpayments and to pay all reasonable audit expenses incurred as a result of the non-compliance. DEMONSTRATION OF EQUIPMENT MAY BE REQUIRED DURING EVALUATION: After the Responses are opened by the District, the Vendors may be required to demonstrate the equipment which has been proposed for evaluation by, and at no cost to, the District. The purpose of the demonstration is to observe the equipment in an operational environment and to verify its capability, suitability, and adaptability vis-à-vis the performance requirements stipulated in the Solicitation. If a demonstration is required, the District will verbally notify the Vendor of such and will specify the date, time and location of the demonstration. If the Vendor fails to perform the demonstration on the specified date stipulated, the District may elect to reject the Vendor's Response or to re-schedule the demonstration in its best interest. The District shall be the sole judge of the acceptability of the equipment in conformance with the Specifications and its decision shall be final. The equipment used for the demonstration shall be the same as the manufacturer's model identified in the Vendor's Response; therefore, the demonstrated equipment shall create an expressed warranty that the actual equipment to be provided by the Vendor during the contract period shall conform to the equipment used in the demonstration. The Vendor shall be required to provide adequate restitution to the District, in the manner prescribed by the District, if this warranty is violated during the term of the contract. FURNISH AND SET IN PLACE REQUIREMENTS: The successful Vendor shall be required to furnish the materials, products and/or equipment identified in these Specifications as well as to set in place or install these materials, products and/or equipment at the facility designated by the District. Accordingly, the Vendor shall include all costs associated with installation in its proposed unit cost to the District and shall not identify installation costs as a separate item unless specifically allowed on the Response Sheet. If applicable, the successful Vendor shall also be required to provide adequate training to District personnel on the appropriate use of the materials, products and/or equipment. INDEMNIFICATION: The successful Vendor shall indemnify and hold the District harmless from any and all claims, liabilities, losses and causes of action which may arise out of the fulfillment of the Vendor’s contractual obligations as outlined in this Solicitation. The Vendor or its insurer(s) shall pay all claims and losses of any nature whatever in connection therewith, and shall defend all suits, in the name of the District when applicable, and shall pay all costs and judgments which may issue thereon. INSURANCE: The Vendor shall purchase and maintain at its own expense, insurance which is at least as broad, and with limits at least as great as outlined below: General Liability: Policy form: Occurrence Policy Aggregate $ 2,000,000 Products/completed operations aggregate 2,000,000 Each occurrence limit ..................................................................................................... 1,000,000 Personal & advertising injury limit 1,000,000 Products/completed operations Defense in excess of limits Per location / per job aggregate limit Blanket contractual Independent contractors Primary & non-contributory Show Waiver of Subrogation in favor of the District All locations / operations (if not, show district job/location specifically) Name the District as “Additional Insured” Automobile Liability: Combined single limit:.................................................................................................. $ 1,000,000 Any auto (or Hired & Non-owned, if you own no vehicles) Show Waiver of Subrogation in favor of the District Primary & non-contributory Auto pollution liability (IF you carry any hazardous cargo) (if the Vendor is providing repairs to District vehicles on the Vendor's property, the Vendor shall possess Garage Liability Insurance, covering premises, auto and completed operations) Name the District as “Additional Insured”


Professional Liability: { IF you render professional services } Policy form: Occurrence (if not, claims-made retro date must predate our contract or date of service) Per claim or occurrence limit.......................…............................................................. $ 1,000,000 Blanket contractual Primary & non-contributory Show Waiver of Subrogation in favor of the District Per location / per job aggregate limit Defense in excess of limits Designated profession must be applicable to your work for our company Name the District as “Additional Insured” Pollution Liability: { IF you have any pollution exposure } Policy form: Occurrence (if not, claims-made retro date must predate our contract or date of service) Per claim or occurrence limit.......................…............................................................. $ 1,000,000 Blanket contractual Primary & non-contributory Show Waiver of Subrogation in favor of the District Per location / per job aggregate limit Defense in excess of limits

Designated Location or Operation must be shown as per your contract for the District Name the District as “Additional Insured”

Umbrella: Policy form: ……………………………………..……………………………….. Occurrence - Umbrella Each occurrence or claim limit: ...................…............................................................ $ 1,000,000 Excess commercial general liability Excess Products/completed operations Show Waiver of Subrogation in our favor Excess automobile liability Excess professional liability (if you provide professional services) Excess pollution liability (if any pollution exposure exists) Excess employer’s liability Blanket contractual Per location / per job aggregate limit Defense in excess of limits Primary & non-contributory All locations / operations (if not, designate specific project or location) Name the District as Additional Insured including Products/Completed Operations Workers’ Compensation: Workers Compensation benefits: per Colorado Statute Employers liability – limit per accident $ 100,000 Employers liability – limit per disease 100,000 Employers liability – disease aggregate 500,000 All owners/officers who will be on District property or job site must be covered Show Waiver of Subrogation in favor of the District Coverage must apply to workers in Colorado

Insurance companies providing the coverages specified above must be authorized to do business under the laws of the State of Colorado and must be rated no less than “A-“ by A.M. Best Company. Issuance of a contract is contingent upon verification of all required coverage, as required below. Insurance Certification: Vendor shall cause its insurer(s), (or the insurer(s)’ agent, broker or authorized representative), to furnish the District’s Strategic Sourcing Department with a Certificate of Insurance which indicates that insurance coverages have been obtained which meet the requirements as outlined. Issuance of a contract is contingent upon the receipt of the insurance documents.


Non-Compliance: If the Vendor fails to submit the required insurance documents within 15 calendar days after verbal or written notice to submit such policies is given to the Vendor by a District representative, the Vendor shall be in default of the contractual terms and conditions and will not be awarded the contract. The next qualified bidder will be notified. Cancellation/Modification: The Vendor shall be responsible for notifying the District thirty days in advance of any modification to, or cancellation of, these policies during the contractual period; including, but not limited to, any pending or paid claims against the aggregate amount of the policy, any decrease in coverage limits or lessening of coverage scope. Impaired Aggregate: If Vendor is threatened by any claim which, if paid, may impair any aggregate limit by more than 25%, Vendor shall notify the District representative, and the District representative may require purchase of additional coverage, as appropriate to protect the District.

COOPERATIVE PURCHASING EFFORTS: Denver Public Schools encourages and participates in cooperative purchasing endeavors undertaken by or on behalf of other governmental jurisdictions, to the extent other governmental jurisdictions are legally able to participate in cooperative purchasing, the District supports such cooperative activities. (Examples of these cooperative efforts include: MAPO-Multiple Assembly of Procurement Officials, CEPC- Cooperative Educational Procurement Council). We hereby request that any member of other governmental jurisdictions be permitted to avail itself of this contract and purchase any and all items specified herein from the successful Vendor(s) at the contract price(s) established herein. Each governmental entity which uses a contract(s) resulting therefrom would establish its own contract, issue its own orders, schedule deliveries, be invoiced therefrom, make its own payments, and issue its own exemption certificates as required by the Vendor. It is understood and agreed that the District is not a legally binding party to any contractual agreement made between another governmental entity and the Vendor as a result of this Solicitation. The District shall not be liable for any costs or damages incurred by any other entity. EQUAL OPPORTUNITY: Denver Public Schools intends and expects that the contracting processes of the District and its Vendors provide equal opportunity without regard to gender, race, ethnicity, religion, age or disability and that its Vendors make available equal opportunities to the extent third parties are engaged to provide goods and services to the District as subcontractors, Vendors, or otherwise. Accordingly, the Vendor shall not discriminate on any of the foregoing grounds in the performance of the contract, and shall make available equal opportunities to the extent third parties are engaged to provide goods and services in connection with performance of the contract (joint ventures are encouraged). The Vendor shall disseminate information regarding all subcontracting opportunities under this contract in a manner reasonably calculated to reach all qualified potential subcontractors who may be interested. The Vendor shall maintain records demonstrating its compliance with this article and shall make such records available to the District upon the District’s request.





SCOPE OF WORK / SPECIFICATION

Section I Overview

Denver Public Schools (hereinafter referred to as “DPS” or the “District”) is soliciting Request for Proposals (RFP) from qualified Vendors to determine the most suitable turnkey Online Payment Solution (OPS) for the District. The District would like to implement an Online Payment Solution in phases. The first phase is to implement Student Activity Funds (SAF) as well as Tuition and Billing. The additional areas as defined in the section ‘RFP Purpose’ will be implemented after. District Background The District is the largest school District in Colorado. It employs approximately 15,000 employees, and serves over 91,000 students. The District is unique in that the City, County and School District, as established by the state constitution, have the same geographical boundaries. Established as a school District in 1902, Denver is one of the finest urban school Districts in the nation. The District operates approximately 93 elementary, 18 K-8 schools, 52 charter schools, 28 middle schools, 4 ECE-12, 14 6-12, 39 high schools and alternative pathways schools, three early education centers and one adult education center and participates in the Rocky Mountain School of Expeditionary Learning. The District is housed in approximately 200 buildings, within the Denver Metro Area. DPS is fully accredited by the Colorado Department of Education Accreditation and Accountability Unit and is subject to periodic monitoring to ensure continued compliance with accreditation standards. RFP Purpose Denver Public Schools is soliciting proposals to provide an online platform solution (‘OPS’ – Online Payment Solution) to accept a comprehensive payments solution needed by a multitude of school departments across the District and to process required forms. The primary emphasis of functionality will be toward the payment acceptance and processing with form management as a subordinate benefit. The solution should meet all federal and state requirements for public data reporting. The solution should provide multiple site-roll up capability at the District level and to a multiple District roll-up for statewide view, all controlled by role based logical security.

Currently, the District accepts payments through check, cash or credit card in person at some sites. A limited number of forms are available online to review and submit information to the District and the optional response rates for online forms has been less than 25%.

Food services (Enterprise Management) meals have an online presence using Heartland (MySchoolBucks) as its payment solution. The proposed payment solution will include Enterprise Management as well as all other financial functionality within the District. The solution should have an intuitive interface and easy to use which includes online payment capability as well as the ability to process cash, credit cards and checks for all types of payments received at all school sites and applicable to non-school departments. Examples of payments received by the District include but are not limited to the following:

● Student fees (e.g. athletics, expendable supplies, enrichment activities) ● Preschool and kindergarten tuition ● School meals


● Student fines (e.g. lost or damaged textbooks or equipment) ● Merchandise sales (e.g. yearbooks, spirit wear, etc.) ● Donations from community members and organizations ● Fundraising activities ● Facilities rental ● School event admission fees

Secondarily, DPS is looking to move multiple school/ departmental required forms to an online application to reduce waste and error rates with paper forms currently being submitted to the District. The proposed form solution will be flexible so that current forms can be loaded into the solution for online access by the parent/guardian or forms can be created ad hoc using the solution’s process. The platform's form solution should have the option of entering the information directly into the solution during a payment or registration process, the ability to print the document and return it to the District or the ability to link to forms outside of the solution. Examples of forms the District would use include but are not limited to the following:

● Program or Sports registration packets ● Field trip and Athletics waiver ● Discovery Link Registration (before and after school care, enrichments, other programing)

The solution must provide for integration with the District’s existing software applications and facilitate efficient financial reconciliation to the District’s general ledger and bank account(s) and SIS systems. The solution needs to be handicap accessible and capacity to translate information in multiple languages as required by the DOJ for the Consent Decree for DPS. The solution should have the ability to be accessed by computer, tablet, smartphone or app. Schedule of Activities The District plans to Award an Online Payment solution Vendor just after the new year. The solution will have to be in place and running for the FY 2017/18 school year. The Go live date will be in June, 2017. The District understands that the total solution would need to be implemented across multiple phases. Phase one and the primary focus for the original go live date will be the payments to the Student Activity Funds and the Tuition Billing groups. Subsequent phase planning will include Athletics, Enterprise Management, Extended Learning, Community Use, Transportation and other groups within the District that require payments be made. The ability to distribute, amend/sign, collect required forms and registration processes related to the payment process or respected department needs outlined should be addressed as needed to fulfill District requirements upon implementation of those payments processes.

The following activities outline the process used to solicit Vendor responses and evaluate each Vendor proposal. Request for Proposal September 30, 2016 Optional bidder conference call October 7, 2016 1pm MST Deadline for Vendor to submit written questions October 14, 2016 3pm MST Deadline for DPS to provide responses to questions October 21, 2016 3pm MST Deadline for Vendors to submit proposal November 4, 2016 3pm MST Notification of finalist for oral presentation November 18, 2016 Deadline to provide access to demo site/sandbox November 30, 2016 On site oral presentations December 16, 2016 Notification of award January 2017


Section II Scope

Online Payment Requirements Vendor shall provide the requirements contained herein to support a District-wide Online Payment tool. The goal of the District is to acquire an Online Payment tool that will support a large user base, requiring no customized work to provide the functionality that is required. The Vendor will continue to provide the same resource and product support to all identified subsequent phases to integrate other departmental payment and form needs as agreed upon in the contract. Vendor shall demonstrate financial stability, a high level of support through the release of application updates, new features, and program fixes, as well as the ability to provide training and support for meeting District needs and State Reporting requirements. The desired system must have flexibility to allow the District to obtain maximum utility from the standard application design.

Specifically, the selected Online Payment tool will support the District’s effort to implement an online service for parents/guardians who need to make payments to the District. The improved user experience, reduced operational inefficiencies and increased realized revenue by providing a single platform for payments and related forms will address several inefficiencies in the current process.

Any material, equipment or network requirements necessary for proper implementation and operation of the system that has not been specified or has not been described in this document must be called to the District's attention prior to the proposal due date.

The District desires to acquire an Online Payment tool that builds efficiencies around the processes related to payments for all of DPS. The following identifies the specific requirements for the selected Online Payment platform.

Detailed Requirements: All requirements designated as Required should be included in the application. Requirements designated as Preferred or Optional are not mandatory, but including them will enhance the product offering and be considered in our overall evaluation of each submission. See section ‘Testing’ for details and expectations on testing. The Vendor must complete Appendix B and submit it as an Excel spreadsheet.

Technical Requirements: All requirements designated as Required should be included in the application. Requirements designated as Preferred or Optional are not mandatory, but including them will enhance the product offering and be considered in our overall evaluation of each submission. See section ‘Testing’ for details and expectations on testing. The Vendor must complete Appendix C and submit it as an Excel spreadsheet.

Hosting Option: Please disclose if the proposed solution includes Vendor or third party hosting. Please describe the role that the District team will have during and post implementation.

Integration: Describe your plan for integration with third party tools such as Infinite Campus, Lawson, WinSnap, as well as DPS Parent and Principal Portals. Describe how the solution uses APIs or the ability to communicate with Student Information Systems or other third party tools. See section ‘Testing’ for details and expectations on testing. See Appendix D for integration diagrams.

Student Data Privacy The Vendor must include security measures to be put in place to protect user data. The Online Payment Solution should adhere to all State and Federal regulations relating to student data privacy and confidentiality. This includes, but not limited to, the Family Educational Rights and Privacy Act (FERPA), Individuals with Disabilities Education Act (IDEA), and the Health Insurance Portability and Accountability Act (HIPPA). The Vendor must comply with the terms and conditions in Appendix A, Terms of Use Agreement.

Usability and Accessibility: Provide information on how your solution addresses accessibility compliance - the ability to appeal to diverse Parent/Guardian needs, including learning styles, cultural and socio-economic factors as well as varying English language proficiency levels, visual impairment, and hearing, etc. The Vendor must comply with the terms and conditions laid out in this document.

Mobile Application: The solution should have a mobile application. Describe the features and functionality of the application. If the traditional application is unavailable to a user, please describe how the platform adapts to mobile devices.

Project Management: The Vendor should describe its project management and implementation methodology. The Vendor must provide a Project Manager (PM) to oversee the implementation and scheduling details of this project. This Project Manager will be working prior to and during the implementation with a Project Manager from the District. The Vendor PM must submit weekly status reports. A project plan detailing the work schedule, tasks, number/role of team members, expectations from District staff, and the anticipated timeline to deployment and District readiness must be submitted with the proposal.


Customer Support and Management: The Vendor should describe how they intend to work with the District with respect to the product road map and ongoing development efforts. Describe the voice of the customer processes the organization employs. Indicate if there are users groups the District may engage with. In addition, please describe how your support extends past implementation and through the year 2020.

Training Plan: The Vendor must include a detailed description of the training provided. Address technical user training and “train the trainer” as well as online and any other delivery methods available. Discuss supplemental materials provided to support your solution including training manuals, quick reference guides, help files, tutorials, etc.

Pricing: The Vendor should include details on how it determines the annual cost to the District for the implementation and use of the Online Payment platform.

The District has developed the features and functions of the Online Bill Payment tool around the needs of several key stakeholders.

1.0 General Users: The Online Payment platform should provide all users with a reliable, inviting, consistent, effective and efficient user experience. It should be both device and browser agnostic. Navigation through the various modules and functions of the Online Payment platform should be easy to learn and easy to accomplish with minimal training and documentation. 2.0 Parent/Guardian: Parents/guardians should be able to access the Online Payment platform from the DPS Parent Portal. The user experience should be intuitive and reliable. Student and household account information should be easily viewable and access to details reporting and history should be provided. Parents/ guardians should be able to easily pay or register for Student fees and fines, merchandise, tuition, events, athletic teams, field trips as well as meal plans. Parents/guardians should also be able to complete or upload forms, such as registration packets, FRL applications, physicals and more. 3.0 General Public: Members of the general public should be able to access the Online Payment platform directly. The user experience should be intuitive and reliable. The general public should be able to pay a student’s tuition or other fees, rent facilities, participate in fundraising activities or give donations as well as purchase merchandise. 4.0 School/Department Bookkeepers: For each school/ department a bookkeeper should have access to all applicable accounts. Bookkeepers should be able to review and reconcile daily account activities as well as make deposits to bank accounts. Bookkeepers should also be able to produce and view any needed reports, including reconciliation reports. 5.0 Principal: The Principal or Designee needs to be able to view key reports form the solution, this information should be made available in the DPS Principal Portal. Principals also need the ability to approve reconciliation reports. 6.0 DPS Administrative Personnel: DPS Administrative Personnel should be able to review all submitted reconciliation reports as well as access other key information and reports. They should be able to add fees and collect in person payments.

The following section presents specific user stories for each of the stakeholder groups. User Stories

The purpose of the following user stories is to provide the respondents to this RFP academic and operational context in which the Online Payment platform, and the features and function described in Appendix B, exists. These user stories call out the objectives, processes, and individual tasks in which the District requires the Online Payment platform to support.

We ask that each response describe how the proposed solution will address and support each of the following user stories.

1.0 General Users: Any user of the Online Payment platform should find that it is easy to access and easy to learn. The Online Payment platform must guide the user to find the information they need and to complete the required tasks in a logical and consistent manner.

1.1 A user accesses the Online Payment platform from multiple devices and browsers. The Online Payment platform must support the user regardless of the platform he or she uses. Upon login, the Online Payment platform must recognize the user based on his or her District profile and presents them a customized user experience based upon their role in the District and present applicable data based upon that profile.


1.2 The user finds the Online Payment platform an inviting environment in which there is consistency in the style of the pages, fonts, buttons, and workflows. Users are able to track their location in the Online Payment platform using breadcrumbs, user created shortcuts, and other navigational aids. The user should be able to define their own user experience and interface to suit their needs, including the filtering and sorting of data presented by the Online Payment platform.

2.0 Parent/Guardian: The Online Payment platform must support parents/guardians by providing an easy and intuitive way to manage student payments to the District.

2.1 As a parent/guardian, I need the ability to see student and household summaries, transaction history, exports for taxes, and other key data so that I can properly manage my account.

2.2 As a parent/guardian, I need the ability to set-up auto bill pay for Tuition, lunch programs and other services in the District. This will allow me to stay on top of invoices and regular fees.

2.3 As a parent/guardian, I need the ability to pay one time fees for my school or other programs.

2.4 As a parent/guardian, I need the ability to apply and register for programs in the District like athletics or after school programs. I also need the ability to complete supplemental forms for items like physicals, permission slips and waivers.

2.5 As a parent/guardian I need the ability to make one off payments for school/athletic events, school store purchases, fundraisers and other related activities.

3.0 General Public: The Online Payment platform must support the general public by providing an easy and intuitive way to manage student payments to the District.

3.1 As a member of the general public, I should be ability to pay a student’s tuition or other fees, even when I am not listed as a parent or guardian for that student. On many occasions an extended family member or family friend will pay the tuition on behalf of the family.

3.2 As a member of the general public, I need the ability to rent a facility from the District.

3.3 As a member of the general public, I need the ability to donate money to a school or the District or contribute to fundraisers. I also need the ability to make purchases at school stores.

4.0 School/Department Bookkeepers: The Online Payment platform must support Bookkeepers by providing an easy and intuitive way to manage access to all applicable accounts. Bookkeepers should be able to review and reconcile daily account activities as well as make deposits to bank accounts. Bookkeepers should also be able to produce and view any needed reports, including reconciliation reports.

4.1 Bookkeepers should have the ability to reconcile school accounts with the assistance of a reconciliation report from the Online Payment platform.

4.2 Bookkeepers should have the ability to prepare and submit deposits to the bank with the assistance of the Online Payment platform.

4.3 Bookkeepers should have the ability to access any needed reporting to support their job function.

5.0 Principal: The Online Payment platform must support the Principal by providing an easy and intuitive way to manage the Principal’s reporting and approval needs.

5.1 Principals need the ability to view key data from the Online Payment platform in the DPS Principal Portal.

5.2 Principals should have the ability to review and approve reconciliation reports before submitting to the District.

6.0 DPS Administrative Personnel: The Online Payment platform must support the DPS Administrative Personnel by providing an easy and intuitive way to manage all submitted reconciliation reports as well as access other key information and reports. They should be able to add fees and collect in person payments.

6.1 As a DPS Administrative Personnel, I need the ability to apply fee statements to students for services, fees, tuition and a variety of other fees.


6.2 As a DPS Administrative Personnel, I need the ability to add student field trip requests and other key student activities to the Online Payment platform for parents to address.

6.3 As a DPS Administrative Personnel, I need the ability to configure application/registration processes to the needs of the program I am setting up.

6.4 As a DPS Administrative Personnel, I need the ability to upload and correlate supporting forms to student needs. Potential forms include: FRL, Special Needs, Allergens, Physicals and others.

6.5 As a DPS Administrative Personnel, I need the ability to take in person payments for services at an event or school store. I should be able to accept cash, card or check.

6.6 As a DPS Administrative Personnel, I need the ability to transmit reconciliations to accounting on a monthly bases.

Features and Functions (Appendix B and Appendix C)

Appendix B & C: Features and Functions Spreadsheet (available on the Sourcing website and via email from DeeDee Case) presents the list of features and functions that the District wishes the Online Payment solution to fulfill. The District has prioritized the features and functions as either required, preferred, or optional. Required features and functions are those that the District needs to consider its Online Payment platform as operational and to meet the needs of its users. Preferred features and functions are those the District wishes to have in an Online Payment platform solution, but is not necessary to meet the critical needs of its users. Optional features and functions are those the District may have a need for in the future. For each feature or function identified by the District, please indicate its availability and provide any additional comments as shown in the diagram below.

The following list describes each tab presented in the attached spreadsheets.

Detailed Requirements (Appendix B)

1. Payments: These features and functions relate to how the system needs to support payment types.

2. Accounting: These features and functions describe the functionality needed to support accounting best

practices.


3. Forms/Data Capture: These features and functions address needed attributes to support the District's registration and data capture processes.

4. Reporting: These features and functions describe the needed reports from the Online Payment platform.

5. Tool Specification: These features and functions address general functionality of the Online Payment platform.

6. Quality, Compliance and Auditing: These features and functions assure we are safeguarding our students, coity and data as well as ensuring the highest level of quality for our users.

7. System Integration, Technical and Infrastructure, and Technical Support: These features and functions ensure that the tool is able in properly integrate with key systems and meet the District's needs.

Technical Requirements (Appendix C)

1. User Interface and Core Functionality: These features and functions relate to how users engage and interact with the Online Payment platform.

2. Technical, Infrastructure, and Systems Integration: These features and functions identify the technical parameters the Online Payment platform must fulfill. It also lists needed functionality so that the Online Payment platform can integrate with the District’s existing systems, processes, and operational standards.

3. Training and User Support: These are the features and functions needed to support the end users both during implementation of the Online Payment platform and the ongoing support.

Testing DPS expects the Vendor to have robust testing procedures and plans to ensure that the system meets requirements and that defects do not escape to the end user. The Vendor will be primarily responsible for testing the solution, with assistance from District staff during both test planning and execution. The following are expectations of Vendor testing efforts:

● The Vendor will create a test plan covering scope, strategy, and methodology, for the solution developed by the Vendor. The District will have the opportunity to review and provide feedback on the test plan to ensure it meets the District's quality practices.

● The Vendor will create a series of test cases for testing the solution, based on the requirements. The test cases should ensure all aspects of the solution are tested. The District will support the Vendor in creation of the test cases to ensure adequate test coverage.

● The Vendor will execute the test cases during pre-defined testing windows agreed upon by the Vendor and the District, and tracked by the program manager. This will include User Acceptance Testing (UAT) sessions performed by District staff.

● The Vendor will provide status reports during implementation and testing. When reporting defects, Vendor will follow District Quality Assurance standards regarding defect categorization, severity, and priority.

● The Vendor will fix bugs and provide resolutions in a timely fashion as agreed upon by the District and Vendor. ● The Vendor will meet regularly with District staff to clarify requirements, review development progress, summarize

test results, share outstanding defects, and timelines for defect resolution. ● With each code release, Vendor will include the following:

○ Release notes highlighting new functionality, known limitations, resolved defects. ○ Test report listing the tests performed, pass/fail rate, and defect identifications for failed tests

● The Vendor will perform regression testing with input from the District contact prior to any production release. ● The Vendor will perform load testing prior to the initial production Go-Live.

The Vendor will test all system integration points that the solution interfaces with (e.g. the District student information system).


Section III Proposal Preparation and Submission Requirements

To enable the District to conduct a uniform review of all proposals submitted in response to this solicitation, components of the proposal shall be submitted as set forth below. The District reserves the right to reject submittals that do not follow the requested format. TAB A - Submittal Documents: Completed Cover Sheet, Addendum acknowledgements. TAB B - Management Summary: Include a management summary, which provides an overview of proposed services. Vendors should emphasize why their proposal is best suited to meet the needs of the District. TAB C - Vendor Profile: Provide a brief description and history of your company including current size, organization and support staff and a general overall profile and qualifications. Provide biographical information of key personnel. Vendor must supply three current references to include name of company, contact, telephone number, and address. The references must be multi-site customers similar in size to Denver Public Schools. Include specifics of the last project similar to this one and completion dates. K12 education references are preferable. TAB D - Solution Details: Include a description of your comprehensive solution to the requirements described in Section II. Describe your system’s functionality and content. Identify how your proposed solution will address each of the user stories described in the scope presented in Section II. Provide documentation of your service level agreements (SLAs). TAB E - Hardware Specifications: Provide hardware specifications and requirements for desktop, mobile, and infrastructure that are appropriate for the solutions presented. TAB F - Software Specifications: Provide software specification and requirements for desktop, mobile, and infrastructure that are appropriate for the solutions presented. Address proprietary as well as third party requirements including, but not limited to operating systems, browsers, etc. TAB G - Training, Support, and Supplemental Materials: Provide a detailed description of the training and support provided by your firm for your solution. Address technical training, user training, and “train the trainer” as well as online, classroom and any other delivery method available. Describe your customer support model. Identify who may contact, the frequency, and hours of availability. Describe the means to access your firm’s subject matter experts. Discuss supplemental materials provided to support your solution including training manuals, quick reference guides, help files, tutorials, etc. TAB H - Business Continuity and Disaster Recovery: Provide information concerning your company’s disaster recovery and business continuity plan. Detail how impact to the District will be minimized in event of an issue. Provide information on how your company would assist the District in its business continuity as well as disaster recovery planning and the actualization of the plan. Include 7 x 24 contact capabilities, escalation procedures and backup availability. TAB I - Upgrade Releases and Patches: Describe the release schedule for your solution. Address current release as well as the product road map for the next 18 months, release delivery notification and methodology, and the upgrade process. TAB J - Security and Confidentiality: Describe the process by which District data is maintained confidential and not released in any manner to anyone but District approved personnel. TAB K - Project Schedule and Implementation Plan: Provide a detailed description of how your solution would be implemented for the District. Please include an example of a project plan, number and role of team members, expectations from District staff and the anticipated timeline to deployment and District readiness. TAB L - Risk Analysis: Identify the major risks associated with this project. For each risk, identify those activities that can be undertaken to reduce, mitigate, or eliminate the risk. Identify the associated responsibilities. Ensure these activities are reflected in your project and management plans. TAB M - Costs: Please provide pricing as described below for the Online Payment Solution.

A. Submit a price proposal to provide the features, functionality, and services detailed in your scope of work. a. Itemized pricing for any shipping or other charges that may apply.


b. All charges are to be listed separately. Identify one time charges and ongoing expenses. Include incremental costs for service upgrades.

B. Submit any other pricing/cost data necessary to implement out the project. a. Provide pricing schedules for all services, if applicable. Including training, equipment, or any other support

normally associated with the implementation of an Online Payment platform. b. Provide pricing schedules for all levels of service available, including monitoring services, reduced

response times, after hours support, etc.

TAB N - Redacted Copy of Bid Response Please complete and provide Appendix B & C: To receive an Excel version of the spreadsheet, please contact DeeDee Case [email protected]. Please return Appendix B & C as an Excel Worksheet.


DENVER PUBLIC SCHOOLS SUPPLIER PORTAL

Effective July 1, 2013, all new business conducted with Denver Public Schools will require you to be registered on the DPS Supplier Portal. The Denver Public Schools (DPS) District is modernizing its Financial Management and Strategic Sourcing business processes to include two-way web-based communication with its Suppliers and Vendors. The benefits extended to our supplier/Vendor business partners that register with DPS include:

● Electronic Bidding Events/Solicitations. o Bids and Proposals sent directly to your personal Supplier Portal account o Online bid responses, negotiations, awards, and much more

● Direct submission of electronic invoices (depending on your contractual relationship). ● Complete view of your contracts, purchase orders, invoices and payments online through your “Supplier Portal”. ● Ability to maintain your business profile, points of contact, diversity qualifications, list of commodities you wish to

provide, W-9s, certifications and insurance documentation, along with optional subcontractor tracking. ● Historical record of your interaction and performance with DPS.

Access to the supplier portal can be found here: http://purchasing.dpsk12.org/ Supplier Portal User Guides are available at same link (under the ‘Suppliers/Vendors’ link on the right-hand of the page).




Appendix A

TERMS OF USE AGREEMENT

THE TERMS OF USE AGREEMENT (“Agreement”) is entered into between Denver Public Schools (“the District”) and _____________ (“Partner Organization”). Hereafter, each may be referred to in the singular as, the “Party” or collectively, as the “Parties” in this Agreement. WHEREAS, Partner Organization acknowledges and understands that the District is required to safeguard the privacy of its students’ educational records in a manner consistent with the mandates of the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232g and the applicable regulations promulgated thereunder. WHEREAS, the Family Educational Rights and Privacy Act (“FERPA”) (20 U.S.C. § 1232g; 34 CFR Part 99) (as amended and revised from time to time, including any regulations or successor statute ) prohibits the unauthorized disclosure of personally identifiable information (PII) contained in students’ education records to anyone without the express written consent of the student or the student’s representative. WHEREAS, FERPA has regulatory exceptions to the general rule of confidentiality and non-disclosure of individually-identifiable data and information to allow its disclosure and use by organizations acting as school officials under certain circumstances. 20 U.S.C. § 1232g(b)(1)(F) and 34 C.F.R. § 99.31(a)(1)(i)(B). WHEREAS, should Partner Organization be identified as satisfying the criteria associated with one or more recognized FERPA exceptions, the District, may disclose the requested data to Partner Organization, provided the purpose, scope and duration are clearly set forth in writing and satisfy the terms and conditions of this Agreement. WHEREAS, Partner Organization will provide to the District, and/or its participating schools on behalf of the District, specified services the District could otherwise use its employees to perform, Partner Organization acknowledges that for the purposes of this Agreement it will be designated as a “school official” with “legitimate educational interests” as those terms have been interpreted and defined under FERPA and similar privacy laws and regulations, and Partner Organization agrees to abide by FERPA and those laws while performing its service for the District.

WHEREAS, the services Partner Organization will provide to the District are described here: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ WHEREAS, Partner Organization represents it has the knowledge, skill and the resources necessary to provide and maintain a data management system that is sufficiently secure and encrypted to protect, maintain and keep the provided data and information confidential. NOW, THEREFORE, the Parties enter into these Terms of Use governing the disclosure of personally identifiable student information and provision of services described herein.


SECTION I DEFINITIONS

A. “Confidential Information” is all non-public data, however documented, containing or based, in whole or in part, on reference materials, sketches, drawings, memoranda, disks, documentation and records belonging to either party (and any derivative works thereof or modifications thereto) is and will remain the exclusive property of that party. Neither party shall possess or assert any lien or other right against or to Confidential Information of the other party. Without prior written permission, no Confidential Information of either party, or any part thereof, may be disclosed, sold, assigned, leased, shared or otherwise distributed to third parties by the other party or commercially exploited by or on behalf of the other party, or its employees or agents. B. “Disclosure” means to permit access to or the release, transfer, or other communication of information contained in a record by any means, including oral, written, or electronic, to any party except the party identified as the party that provided or created the record. C. “District Information” means any record and all information, in any form, recorded in any way, including, but not limited to, hand writing, print, computer media, video or audio tape, film, microfilm, and microfiche and includes paper and electronic student education record information, or employee record information, furnished or made available directly or indirectly by the District or otherwise obtained from the District in connection with the Partner Organization’s services and/or any agreement, including all information of the District, or any District affiliate to which it has had or will have access to, whether it is in oral, written, graphic or machine-readable form. D. "Educational agency or institution" means any public or private agency or institution to which funds have been made available by grant, cooperative agreement, contract, subgrant, or subcontract or are provided to, and may be paid by those students for educational purposes, and any program if it provides educational services or instruction, or both, or is authorized to direct and control public elementary or secondary, or postsecondary educational institutions. E. “Education program” means any program that is principally engaged in the provision of education, including, but not limited to, childhood, elementary, secondary education, postsecondary education, special education, job training, career and technical education, and adult education, and any program that is administered by an educational agency or institution. F. "Personally Identifiable Information" includes but is not limited to (a) student’s name; (b) name of the student’s parent or other family members; (c) address of the student or student’s family; (d) a personal identifier, such as the student’s social security number, student number, or biometric record; and (e) other indirect personal identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name; (f) Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or (g) “medical information” as may be defined in state law; “protected health information” as that term is defined in the Health Insurance Portability and Accountability Act, 45 CFR Part 160.103; (h) nonpublic personal information as that term is defined in the Gramm-Leach-Bliley Financial Modernization Act of 1999, 15 USC 6809; (i) credit and debit card numbers and/or access codes and other cardholder data and sensitive authentication data as those terms are defined in the Payment Card Industry Data Security Standards; (j) other financial account numbers, access codes, driver’s license numbers; (k) and state- or federal-identification numbers such as passport, visa or state identity card numbers. G. "Record" means any information recorded in any way, including, but not limited to, hand writing, print, computer media, video or audio tape, film, microfilm, and microfiche. H. “Services” means any goods or services acquired by the District, including computer software, mobile applications (apps), and web-based tools accessed by students and/or their parents via the Internet and used as part of a school activity. I. “Student,” except as otherwise specifically provided in this part, means any individual who is or has been in attendance at an educational agency or institution and regarding whom the agency or institution maintains education records. J. “User” means the individuals authorized to access and use the Services provided under this Agreement.


SECTION II STUDENT DATA, INFORMATION & RECORDS

A. Purpose. Partner Organization, by providing certain institutional services and functions on behalf of the District, may require access to a student’s educational records to effectively deliver its services. Partner Organization further agrees to be under the direct control of the District with respect to the maintenance of student educational records relating to the governance, use and re-disclosure of personally identifiable information, which will be in accordance with, and contingent upon compliance with the Family Educational Rights and Privacy Act (“FERPA”) and its implementing regulations. (34 C.F.R. § 99.30, et seq.). B. Requested Data. In order to perform the service(s) described herein, the Partner Organization will collect and/or utilize the following information: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ C. Qualified FERPA Exception. Partner Organization understands and agrees that the purpose and contemplated use of the data and information disclosed by the District is solely to provide the educational services for, or on behalf of the District described herein. The Partner Organization shall be designated a “school official” according to FERPA and DPS Policy JRA/JRC, as an organization to which the District has outsourced institutional services or functions for which the District would otherwise utilize its own employees. The Partner Organization acknowledges that it is under the direct control of the District for the purposes of use and maintenance of education records disclosed pursuant to this Agreement, and that the Partner Organization agrees to comply with the applicable provisions of FERPA in order to safeguard the confidentiality of student information. 20 U.S.C. § 1232g(b)(1)(F) and 34 C.F.R. § 99.31(a)(1)(i)(B) D. Ownership of Data and Information. The disclosure of personally identifiable information from education records to Partner Organization is not an assignment of ownership of the personally identifiable information or records to Partner Organization. The District retains ownership of all such records. Personally identifiable information from education records may only be re-disclosed by Partner Organization to a third-party with the prior written approval of the District, in accordance with this Agreement or in compliance with FERPA and its regulations. E. Coordination with Partner Organization Authorized Representative(s). During the term of this Agreement, Partner Organization will fully coordinate all of its services provided hereunder with the District through its designated authorized representative.

1. The authorized representative signatory below has authority to bind Partner Organization to the terms and conditions of this Agreement.

2. The authorized representative signatory shall also be responsible for requiring Partner Organization personnel and other authorized representatives of Partner Organization accessing information from District records to execute affidavits of nondisclosure or other documentation indicating that each person will be held accountable for the proper management, use and protection of all information and records provided to him or her.

F. Limited Disclosure, Access and Use. Partner Organization will abide by any and all conditions imposed by the District on the disclosure of information derived from and provided by the District, and agrees to manage and maintain it in accordance with the applicable federal and state privacy laws.

1. Partner Organization and its officers, employees, and agents receiving education record information from the District agrees to hold information in strict confidence and use the information only for the limited purpose for which the disclosure was made. 2. Partner Organization affirms that its services will be conducted in a manner that does not disclose the information to anyone who is not an authorized representative of Partner Organization. 3. Partner Organization agrees not to use the information for any purpose other than the purposes for which the disclosure was sought from the District and made to Partner Organization.


4. The approval to use the information from education records for one purpose does not confer approval to use the data for another or different purpose.

5. Upon termination, cancellation, expiration or other conclusion of this Agreement, Partner Organization shall return all personally identifiable student information to the District or, if return is not feasible, destroy any and all such information. Partner may destroy the information when it is no longer needed for purposes for which it was disclosed or as authorized in this Agreement but prior to termination, cancellation, expiration or other conclusion of this Agreement. Partner Organization shall confirm the date that any information was returned or destroyed by delivering to the District the certificate attached hereto.

G. Reporting of Unauthorized Disclosures of Data and Information.

1. Partner Organization shall, within five business days of discovery, report to the District any use or disclosure of information not authorized by this Agreement or in writing by the District (a “Breach”). Partner Organization’s written report shall identify (i) the nature of the breach, (ii) what information was used or disclosed, (iii) who or what was the cause of the breach, (iv) what Partner Organization has done or shall do to mitigate any deleterious effect of the breach, and (v) what corrective action Partner Organization has taken or shall take to prevent future similar unauthorized use or disclosure. Partner Organization shall provide such other information, including a written report, as reasonably requested by the District. 2. If the District reasonably determines that Partner Organization has breached a material condition of this Agreement, the District may request Partner Organization to submit within five business (5) days from the discovery a written report shall identify (i) the nature of the breach, (ii) what information was used or disclosed, (iii) who or what was the cause of the breach, (iv) what Partner Organization has done or shall do to mitigate any deleterious effect of the breach, and (v) what corrective action Organization has taken or shall take to prevent future similar unauthorized use or disclosure. Partner Organization shall provide such other information, including a written report, as reasonably requested by the District. 3. Alternatively, the District may immediately terminate this Agreement with Partner Organization, if, in its sole discretion, determines it is not possible to repair or correct the discovered breach. Under either option described in paragraphs 1 or 2, above, the District agrees to provide written notice Partner Organization.

H. Remedies, Penalties. The failure to comply with the requirements of FERPA could subject Partner Organization and any third party to all allowable penalties assessable against Partner Organization under state and federal law. Partner Organization acknowledges and agrees that due to the unique nature of the Information, there may be no adequate remedy at law for any breach of its obligations hereunder, that any such breach will result in irreparable harm to the District, and therefore, that upon any such breach or threatened breach, the District shall be entitled to seek appropriate equitable relief including specific performance and any additional remedies the law may allow, including injunctive relief. In the event the Family Policy Compliance Office of the U.S. Department of Education determines that Partner Organization improperly disclosed personally identifiable information obtained from the District’s education records, the District may not allow Partner Organization access to the District’s education records for at least five years. I. Other Use of Information. This Agreement does not contemplate the use of information for any purpose other than for the provision of services identified herein. For any other purposes (studies, surveys, etc.), the Parties must enter into separate terms governing the release of information.

SECTION III CONFIDENTIALITY

A. Partner Organization agrees to maintain the confidentiality of business, employment, operational and other information provided by District to Partner Organization hereunder, provided such information is marked or otherwise identified by District as confidential or proprietary or is of a nature that Partner Organization knows or should know is confidential or proprietary (also referred to herein as “Proprietary Information”), and will only use it in carrying out its rights and obligations under this Agreement. B. Both parties agree to restrict access to the Proprietary Information of the other only to authorized representatives who (i) require access in the course of their assigned duties and responsibilities in connection with this Agreement, and (ii) have been informed of the provisions set forth in this Section.


The confidentiality obligations of the parties regarding the Proprietary Information of the other shall not apply to any material or information that (i) is or becomes a part of the public domain through no act or omission by the receiving party, (ii) is independently developed by employees of the receiving party without use or reference to the Proprietary Information of the other party, (iii) is disclosed to the receiving party by a third party that, to the receiving party’s knowledge, was not bound by a confidentiality obligation to the other party, (iv) is demanded by a lawful order from any court or anybody empowered to issue such an order, or (v), is requested by operation of law. C. This Agreement may include services that require Partner Organization to collect and analyze student, classroom, school-level, and employment related data. These services include, but are not limited to: Evaluation Services, Distance Consulting, Baseline Analysis, and Summative Analysis (collectively, “Evaluation Services”). In order for Partner Organization to provide these services the District must agree to make reasonable effort to collect and submit all requested data in a timely manner. D. Notwithstanding anything herein to the contrary and only to the extent consistent with the Confidentiality Laws, District hereby grants to Partner Organization a non-exclusive, royalty-free, nontransferable, revocable, limited license during the Term or any Renewal Term of this Agreement to collect, access and use District Information provided Partner Organization: (1) collects, accesses and uses District Information only as necessary and solely for meeting Partner Organization’s performance obligations under this Agreement; (2) collects, accesses and uses District Information in a manner that does not permit personal identification of “parents” or “students” or “employees” by individuals other than Partner Organization’s employees and contractors who have necessary and legitimate interests in the District Information for meeting Partner Organization’s performance obligations under this Agreement; (3) keeps records of any Partner Organization disclosures of District Information, including the names of the parties to which Partner Organization may have disclosed District Information and the legitimate interests under this Agreement or the Confidentiality Laws which such parties requested or obtained the District Information from Partner Organization; (4) destroys the District Information when it is no longer needed by Partner Organization for meeting its performance obligations under this Agreement; and (5) otherwise complies with the Confidentiality Laws. E. Partner Organization will indemnify, defend and hold harmless District and District’s affiliates, officers, directors, and employees from and against any third-party claims, demands, causes of action, judgments, damages, liabilities, costs and expenses (including reasonable attorney’s fees) arising from or relating to Partner Organization’s or any of Partner Organization’s employees, agents, contractors, or representatives unauthorized use, misuse, or illegal use of District Information or De-identified Information or any breach of this Agreement by Partner Organization. The District and any indemnified party shall cooperate and comply with the reasonable requests of Partner Organization in connection with the defense of any such claim. The receipt or providing such assistance is not a waiver of any alleged breach nor does the acceptance of such assistance constitute a waiver of any such breach by the District. Partner Organization shall control the defense and settlement of any such claim.

SECTION IV

GENERAL TERMS AND CONDITIONS A. Examination of Records.

1. Partner Organization will keep true and complete records of any and all data received, exchanged and shared between and amongst its employees, agents, subcontractors and volunteers pursuant to this Agreement. 2. Partner Organization will establish and maintain a system of record keeping satisfactory to the District and the District’s authorized representative and, upon reasonable request, provide access to such records either during regular business, at any reasonable mutually agreed upon time. 3. Partner Organization agrees that it will keep and preserve all business records and reports created during the course of this Agreement for at least three (3) years from the date of receipt under this Agreement, except that personally identifiable student information shall be returned or destroyed in accordance with the provisions of Section II.G.5 of this Agreement.


B. Dispute Resolution. If either District or Partner Organization believes in good faith that the other party has failed to perform, provide requested information, or has failed to satisfactorily meet any objective set forth by this Agreement or has otherwise not fulfilled commitments made under this Agreement (“Breach”), then within thirty (30) days from the date the breach occurred, the aggrieved party shall send written notification to the party who has allegedly breached its obligations identifying the allegations and/or reasons the aggrieved party believes the non-performing party has breached this Agreement. Upon receipt of written notice, the alleged non-performing party shall have ten (10) business days, or such additional time as may be agreed to in writing between the parties, to correct or cure the alleged breach or to notify the aggrieved party that the alleged breach of this Agreement has not occurred. Upon finding that the breaching party failed to cure or respond in writing within the agreed upon timeframe, the non-breaching, aggrieved party shall be entitled to terminate this Agreement and pursue any and all remedies available at law or in equity. C. Modification. This Agreement shall only be modified in writing signed by duly authorized representatives of both Partner Organization and the District. All requests for modifications should be directed to the authorized representative of the District and Partner Organization. D. Notice. Any notice this Agreement requires must be in writing and will be effective only if sent by certified U.S. mail, return receipt requested, or via electronic mail, to an authorized representative at Partner Organization’s address provided in this Agreement, which is as follows: [Insert Parties’ Notice Information below]: Partner Organization: _______________________ District: Kirk Anderson With Copies to: Office of the General Counsel Denver Public Schools 1860 Lincoln Street, Suite 1230 Denver, CO 80203 E. Term. The effective date begins on the next business day that follows after each authorized representatives of Partner Organization and the District executes this Agreement and it shall expires at the time Partner Organization no longer provides its services or is terminated in accordance with this, and its Program Agreement; provided, however, a lapse or stoppage of services by Partner Organization as a result of the District’s school year ending that timely resumes with the commencement of the next District school year, shall not be construed or interpreted as the termination of this Agreement; furthermore, at the beginning of each school year, upon re-execution by each authorized representative of the District and Partner Organization, the parties mutually agree this Agreement is revived according to the same, or any amended terms and conditions contained herein. F. Termination. A party may terminate this Agreement upon sending a thirty (30) day written notification with brief description of the reason for the termination to the other party. Termination shall be effective upon the date it is received. G. Compliance with Federal and State Confidentiality, and Privacy Laws. Partner Organization and the District agree and understand this Agreement must be in compliance with, which for the purposes of illustration, includes but is not limited to: the Colorado Open Records Act (“Act”), C.R.S. 24-72-101 et. seq. and all applicable federal privacy and confidentiality laws; the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99); Protection of Pupil Rights Amendment (“PPRA”) (20 U.S.C. § 1232h; 34 CFR Part 98), all of them which may be in effect or amended from time to time, including any successor statute and its implementing regulations and rules. In the event of a conflict between this Agreement and the Confidentiality Laws, the Confidentiality Laws shall control. In the event of a conflict between FERPA and all other Confidentiality Laws, FERPA will control absent clear statutory authority on controlling law. In the event of conflict or uncertainty interpreting controlling law regarding the collection, access, use, or disclosure of District Information, a party will resolve the uncertainty or conflict in favor of prohibiting the collection, access, use, or disclosure of District Information. H. Compliance with DPS Policies. Partner Organization agrees to comply with the applicable written District Board of Education policies, which hereafter by this reference are incorporated into and enforceable under this Agreement. I. Liability.


1. If Partner Organization is a “public entity” then any provision of this Agreement, whether or not incorporated herein by reference, shall be controlled, limited and otherwise modified so as to limit any liability of Partner Organization under the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq ((“Act”). It is specifically understood and agreed that nothing contained in this paragraph or elsewhere in this Agreement shall be construed as an express or implied waiver of its governmental immunity or as an express or implied acceptance of liabilities arising as a result of actions which lie in tort or could lie in tort in excess of the liabilities allowable under the Act, as a pledge of the full faith and credit, or as the assumption of a debt, contract or liability in violation of Article Xl, Section 1 of the Constitution of the State of Colorado. 2. If Partner Organization is not a “public entity” then it will be responsible for the negligent acts and omissions of its officers, agents, employees and representatives with respect to its obligations under this Agreement.

J. Governing Law and Jurisdiction. In the event that any disputes arise from this Agreement, the parties agree to submit such disputes to the state or federal courts located within the City and County of Denver, Colorado, and such court shall have exclusive jurisdiction over the disputes. The parties agree that Colorado law will govern such disputes that arise from this Agreement, without regard to rules regarding conflicts of law. K. Survival of Certain Provisions. The terms and conditions of this Agreement and any exhibits and attachments that by reasonable implication contemplate continued performance, rights, or compliance beyond expiration or termination of the Agreement survive the Agreement and will continue to be enforceable. L. No Agency Created. Partner Organization agrees and understands that no authority exists through this Agreement permitting Partner Organization to enter into any third party contract, assume any obligation, or makes any representation to third parties on behalf of, or which may bind the District. M. No Construction Against Drafting Party. The parties and their respective counsel have had the opportunity to review the Agreement, and the Agreement will not be construed against any party merely because the Agreement or any provisions thereof were prepared by a particular party. N. Authorized Representative. Partner Organization certifies that the individual signing below on its behalf is fully authorized to do so, is fully authorized to bind and commit Partner Organization to the obligations set forth herein, and that no other consents or authorizations are needed to bind Partner Organization to the terms of this Agreement. O. Contract Documents. This Agreement consists of the following attachments which are incorporated herein and made a part hereof by reference which are found after the signature page. [remainder of page intentionally left black]


Partner Organization hereby signifies its acceptance of the terms and conditions of this Agreement. Signed: __________________________________________ [District Signatory] __________________________________________ [Title of District Signatory] __________________________________________ Date

__________________________________________ Signed: __________________________________________ [Partner Organization Representative] __________________________________________ [Position] __________________________________________ Date


Attachment 1

Certification of Destruction\Return of District Information

I\We, __________________________, as the authorized representative(s) of the Partner Organization [name] do hereby acknowledge and certify under penalty of perjury that [check one]: _____ (a) the private and confidential student information provided by the District as part of the Data Sharing and Confidentiality Agreement in accordance with federal and state law was destroyed ______ (b) the private and confidential student information provided by the District as part of the Data Sharing and Confidentiality Agreement in accordance with federal and state law has been returned. Print Name: ______________________________________________ Date: _____________ Title: ______________________________________________________________________ Partner Organization /Agency: _________________________________________________ Signature: __________________________________________________________________