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HomeMy WebLinkAboutRFQREQUEST FOR PROPOSALS SUPPORTED EMPLOYMENT SERVICES FOR THE EDUCATION OF STUDENTS WITH DISABILITIES THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA PROPOSAL RETURN DATE May 3, 2007 RFP NO. 056-GG10 THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA PROCUREMENT MANAGEMENT SERVICES 1450 N.E. 2ND AVENUE, MIAMI, FLORIDA 33132 REQUEST FOR PROPOSALS NO. 056-GG10 SUPPORTED EMPLOYMENT SERVICES FOR THE EDUCATION OF STUDENTS WITH DISABILITIES Sealed proposals will be accepted in Procurement Management, at the above location, until 2:00 P.M. (Local Time) May 3, 2007, and may not be withdrawn for one hundred -twenty (120) days from that date. ANTI -COLLUSION STATEMENT THE UNDERSIGNED PROPOSER HAS NOT DIVULGED TO, DISCUSSED, OR COMPARED HIS PROPOSAL WITH OTHER PROPOSERS AND HAS NOT COLLUDED WITH ANY OTHER PROPOSER OR PARTIES TO THE PROPOSAL WHATSOEVER. PROPOSER ACKNOWLEDGES THAT ALL INFORMATION CONTAINED HEREIN IS PART OF THE PUBLIC DOMAIN AS DEFINED BY THE STATE OF FLORIDA SUNSHINE LAW. CERTIFICATION AND DENTIFICATION FOR PROPOSERS SUBMITTING PROPOSALS. I certify that this proposal is made without prior understanding, agreement or connection with any corporation, firm or person submitting a proposal for the same service, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of these proposal specifications and I certify that I am authorized to sign this proposal. (Please Type or Print Below) LEGAL NAME OF AGENCY OR CONTRACTOR SUBMITTING PROPOSAL: MAILING ADDRESS: CITY STATE, ZIP CODE: TELEPHONE NUMBER: BY: SIGNATURE BY: TYPED TITLE: ii INSTRUCTIONS TO AGENCY/PROPOSER SUBMITTING PROPOSAL I. PREPARING OF PROPOSALS A. THE PROPOSAL IS TO BE SUBMITTED, using 8-1/2" x 11" paper. B. IDENTIFICATION. Failure to indicate the contractor's EXACT legal name and an unsigned proposal may be considered non -responsive. II. SUBMITTING OF PROPOSALS A. Number of Proposals: A total of nine (9) copies of the Proposal must be submitted as follows: * The original proposal in a sealed envelope or box marked "Original." ** (8) copies of the proposal in a separate sealed envelope or box marked "Copies." The proposal number, proposal title and opening date must be clearly marked on all envelopes and boxes. B. Place, Date and Hour. Proposals shall be submitted to The School Board of Miami -Dade County, Florida, Procurement Management Services, Room 352, 1450 N.E. 2nd Avenue, Miami, Florida, not later than 2:00 P.M. (Local Time) May 3, 2007. III. CHANGE OR WITHDRAWAL OF PROPOSAL A. PRIOR TO PROPOSAL OPENING. Should the agency or individual contractor withdraw its proposal, they shall do so in writing. This communication is to be received by the Assistant Superintendent, Procurement Management Services, 1450 N.E. 2nd Avenue, prior to May 3, 2007. The agency or individual contractor's name and the proposal number should appear on the envelope. B. AFTER PROPOSAL OPENING. After May 3, 2007, proposals may not be changed; and they may not be withdrawn for one hundred twenty (120) days from that date. iii IV PROTEST TO CONTRACT SOLICITATION OR AWARD A. The Board shall provide notice of a decision or intended decision concerning a solicitation, contract award, or exceptional purchase by electronic posting. This notice shall contain the following statement: "Failure to file a protest within the time prescribed in § 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes." B. Any person who is adversely affected by the agency decision or intended decision, shall file with the agency a notice of protest in writing within 72 hours after the posting of the notice of decision or intended decision. With respect to a protest of the terms, conditions, and specifications contained in a solicitation, including any provisions governing the methods of ranking proposals or replies, awarding contracts, reserving rights of further negotiation or modifying or amending any contract, the notice of protest shall be filed in writing within 72 hours after the posting of the solicitation. The formal written protest shall be filed within 10 days after the date of the notice of protest is filed. Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings. The formal written protest shall state with particularity the facts and law upon which the protest is based. Saturdays, Sundays, and state holidays shall be excluded in the computation of the 72-hour time periods provided by this paragraph. C. The formal written protest will be reviewed by Procurement Management Services staff, which will offer the protesting proposer the opportunity to meet and discuss the merits of the protest. If the protest if not resolved, the proposer may seek an administrative hearing pursuant to 120.57 Florida Statutes. Petitions for hearings on protests pursuant to 120.57 Florida Statutes must be filed in accordance with School Board Rule 6Gx13-8C- 1064. V. AWARDS A. RESERVATION FOR REJECTION OR AWARD. The Board reserves the right to reject any and all proposals, to waive irregularities or technicalities, and to request re -bids. B. NOTIFICATION OF INTENDED ACTION. Notices will be posted on the District's website 7-10 days prior to a regularly scheduled Board meeting. C. OFFICIAL AWARD DATE. Awards become official upon Board action. D. CHARTER SCHOOLS: Items awarded under this contract shall be made available to charter schools authorized by the School Board. iv VI. DEFAULT In the event of default, which may include, but is not limited to non-performance and/or poor performance, the awardee shall lose eligibility to transact new business with the Board for a period of 14 months from date of termination of award by the Board. Proposers that are determined ineligible may request a hearing pursuant to §120.569, Fla. Stat., and School Board Rule 6Gx13-8C-1.064. VII. PUBLIC ENTITY CRIMES § 287.133(2)(a) Florida Statute. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in § 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. VIII. COMPLIANCE WITH FEDERAL REGULATIONS All contracts involving Federal funds will contain certain provisions required by applicable sections of Title 34, § 80.36(1) and § 85.510 Code of Federal Regulations and are included by reference herein. The vendor certifies by signing the proposal that the vendor and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in federally funded transactions and may, in certain instances, be required to provide a separate written certification to this effect. During the term of any contract with the Board, in the event of debarment, suspension, proposed debarment, declared ineligible or voluntarily excluded from participation in federally funded transactions, the vendor shall immediately notify the Assistant Superintendent, Procurement Management Services, in writing. Vendors will also be required to provide access to records, which are directly pertinent to the contract and retain all required records for three years after the grantee (The Board) or sub -grantee makes final payment. For all contracts involving Federal funds, in excess of $10,000, The Board reserves the right to terminate the contract for cause as well as for convenience by issuing a certified notice to the vendor. v IX. CONE OF SILENCE BOARD RULE 6GX13-8C-1.212 DEFINITION: A. "Cone of Silence" means a prohibition on any communication regarding a particular Request for Proposals (RFP), bid, or other competitive solicitation between: 1. Any person who seeks an award there from; including a potential vendor or vendor's representative; and 2. Any School Board member or the member's staff, the Superintendent, Deputy Superintendent and their respective support staff, or any person appointed by the School Board to evaluate or recommend selection in such procurement process. The Cone of Silence shall not apply to communication with the School Board Attorney or his or her staff, or with designated school district staff, which are not serving on the particular Procurement Committee, to obtain clarification or information concerning the subject solicitation. For purposes of this section, "vendor's representative" means an employee, partner, director, or officer of a potential vendor, or consultant, lobbyist, or actual or potential subcontractor or sub - consultant of a vendor, or any other individual acting through or on behalf of any person seeking an award. B. A Cone of Silence shall be applicable to each RFP, bid, or other competitive solicitation during the solicitation and review of bid proposals. At the time of issuance of the solicitation, the Superintendent or the Superintendent's designee shall provide public notice of the Cone of Silence. The Superintendent shall include in any advertisement and public solicitation for goods and services a statement disclosing the requirements of this section. C. The Cone of Silence shall terminate at the time the Superintendent of Schools submits a written recommendation to award or approve a contract, to reject all bids or responses, or otherwise takes action which ends the solicitation and review process. D. Nothing contained herein shall prohibit any potential vendor or vendor's representative: 1. From making public representations at duly noticed pre -bid conferences or before duly noticed selection and negotiation committee meetings; 2. From engaging in contract negotiations during any duly noticed public meeting; vi 3. From making a public presentation to the School Board during any duly noticed public meeting; or 4. From communicating in writing with any school district employee or official for purposes of seeking clarification or additional information, subject to the provisions of the applicable RFP, or bid documents. 5. The potential vendor or vendor's representative shall file a copy of any written communication with the School Board Clerk who shall make copies available to the public upon request. E. Nothing contained herein shall prohibit the Procurement Committee's representative from initiating contact with a potential vendor or vendor's representative and subsequent communication related thereto for the purposes of obtaining further clarifying information regarding a response to an RFP, or competitive solicitation. Such contact shall be in writing and shall be provided to the members of the applicable Procurement Committee, including any response thereto. F. Any violation of this rule shall be investigated by the School Board's Inspector General and may result in any recommendation for award, or any RFP award, or bid award to said potential vendor or vendor's representative being deemed void or voidable. The potential vendor or vendor's representative determined to have violated this rule, shall be subject to debarment. In addition to any other penalty provided by law, violation of this rule by a school district employee shall subject the employee to disciplinary action up to and including dismissal. Specific Authority: 1001.41(1)(2); 1001.42(22); 1001.43(10) F.S. Law Implemented, Interpreted or Made Specific: 1001.43(10); 1001.51(14) F.S. History: THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA New: 6-18-03 Revised 03/07 vii REQUEST FOR PORPOSALS NO. 056-GG10 SUPPORTED EMPLOYMENT SERVICES FOR THE EDUCATION OF STUDENTS WITH DISABILITIES I. NAME AND ADDRESS OF REQUESTOR Miami -Dade County Public Schools Office of Exceptional Student Education and Psychological Services 1500 Biscayne Boulevard, Suite 409 Miami, Florida 33132 11. PURPOSE OF REQUEST FOR PROPOSALS The purpose of this Request for Proposals (RFP) is to evaluate and select agency (ies) who provide supported employment services needed for the education of students with moderate to severe disabilities. III. INSTRUCTIONS FOR SUBMISSION OF PROPOSALS Nine copies of the proposal, one of which must be an original, must be received by 2:00 p.m., (Local Time), May 3, 2007, at: The School Board of Miami -Dade County, Florida Bid Clerk, Division of Procurement Management Services 1450 N.E. Second Avenue, Room #352 Miami, Florida 33132 The responsibility for submitting this proposal to the District on or before the stated time and date will be solely and strictly the responsibility of the Proposer. The District will in no way be responsible for delays caused by the United States Postal Service or any other delivery service or any other occurrence. The proposal must be submitted in a sealed envelope or box marked "SUPPORTED EMPLOYMENT SERVICES FOR THE EDUCATION OF STUDENTS WITH DISABILITIES". It is anticipated that a proposal may be presented to The School Board of Miami -Dade County, Florida, (School Board) for acceptance on or about June 13, 2007. If accepted, notification to the successful proposer will be on or after June 13, 2007. The School Board reserves the right to reject any and all proposals. 1 IV. GENERAL INFORMATION ABOUT THE SCHOOL DISTRICT AND DESCRIPTION OF THE PROGRAM Miami -Dade County Public Schools (M-DCPS), the fourth largest school district in the United States seeks proposals from agencies qualified to provide supported employment services needed for the education of students with moderate to severe disabilities. The Individuals with Disabilities Education Act (IDEA) requires school districts to provide special education programs for students with disabilities. The Miami -Dade County Public Schools (M-DCPS) provides special education and related services for all students with disabilities in the district who are in need of these programs and services. The district provides supported employment services to students with moderate to severe disabilities for whom it has been determined that these services are necessary, as part of the students' Individual Educational Plans (IEPs), in order for the students to be provided training, skills, and experience in obtaining and maintaining a job. Students who need these services are enrolled in secondary Special Education (SPED) programs. The Division of Special Education has determined a need to contract with an agency or agencies which employs "job coaches" who are able to provide supported employment services to individuals with disabilities. Services will be required at any high school in the district in which there is a student with a moderate to severe disability whose IEP indicates the need for such services. The Assistant Superintendent, Office of Special Education and Psychological Services, and other designated personnel in the Division of SPED, have the responsibility for maintaining effective coordination between the school district and the agency (ies), relative to the provisions of the contractual agreement for supported employment services. The school district will conduct an orientation meeting between staff from SPED and the agency (ies) liaison(s) prior to the initiation of contractual services. V. SCOPE OF WORK AND GENERAL REQUIREMENTS Students with moderate to severe disabilities, who are placed in SPED programs seeking a special diploma may have a range of vocational skills. Such students may need supported employment services to acquire and maintain employment. Supported employment is paid competitive employment for at least minimum wage, with ongoing support. Supported employment services may include, but would not be limited to, the following: job development, job matching, on-the-job training, and follow-up. Such services are typically provided by a job coach who locates the job, places and trains the supported employee, and provides ongoing follow-up services. The term of the contract shall be from July 1, 2007 to June 30, 2008, for an estimated minimum of 9,000 hours direct service up to an estimated maximum of 10,000 hours of direct service. The agency (ies) selected to provide the service must be able to 2 provide qualified job coaches in sufficient numbers to accommodate the service needs of the school district. If a job coach leaves the agency (ies) the students must continue to receive services using other appropriate agency personnel. When a permanent substitution is made the agency must submit updated documentation regarding the new employee to the Division of SPED. Upon receipt of a referral from the school, an agency (ies) staff member will serve in a liaison role to ensure coordination among the agency (ies), the Division of SPED, and each school, regarding initiation and maintenance of the services needed. The agency (ies) must maintain documentation for all services rendered, including a log of services (to document dates, times, locations, and descriptions of services provided to specific students). Monthly updates regarding the employment status of all students receiving services must also be provided to the Division of SPED. In addition, the agency (ies) must provide appropriate supervision on at least a weekly basis for services provided to all students served. Supervision must be provided by staff qualified to supervise personnel providing services for students. The agency (ies) must provide supervision of services provided to all students on at least a weekly basis. See Attachment A — Weekly Contact Log for Supported Employment Job Coaches. Job coaches provided by the proposer must possess the minimum qualifications of one year of experience in job coaching, (two years experience is preferred) to be considered for the provision of supported employment services needed for the education of students with disabilities. Additionally, job coaches must possess bilingual capability in one or both of the following preferred areas; English/Spanish, English/Haitian-Creole. VI. REQUIRED INFORMATION TO BE SUBMITTED BY PROPOSER Proposers must submit the information listed below (including information, when applicable, on all job coaches to provide services under the proposer's auspices) as well as other information specified elsewhere in this Request for Proposals, with proposal or within three (3) days of request: A. Documented completion of appropriate coursework/training in the area of Supported Employment. B. The agency (ies) must identify a liaison to coordinate service delivery. C. A brief description of the design for the provision of supported employment services. Information that must be addressed includes the following: students will be placed in supported competitive employment on an individual, one-to- one basis; at least six job coaches will be employed to work exclusively with 3 students with moderate to severe disabilities on a year-round basis; a substitute job coach will be provided, if needed; and, the methods in which students will be provided ongoing follow-up services upon graduation from M-DCPS must be delineated. D. Evidence of licensure/certification of job coaches in the areas of special education, rehabilitation, or a related field; or evidence that job coaches have received job coach training. A copy of each job coach's license/certificate or evidence of job coach training must be submitted. E. Documentation of a minimum of one year of experience in providing supported employment services for each such professional to be provided by the agency (ies). Two years of experience is preferred. (A resume should be submitted to document the required experience.). F. Documentation of the completion of appropriate coursework/training in the area of Supported Employment. G. Documentation of bilingual capability of job coaches in one or both of the following areas, English/Spanish, English/Haitian-Creole. H. Documentation of the type and frequency of supervision to be provided, including the positions and qualifications of staff member(s) who will provide supervision. Identification of the agency (ies)'s staff member to serve as the liaison for service delivery and a description of this staff member's qualifications and experience. J. Hourly fees and certification of hours of service must be specified for supported employment services. The proposer's hourly fee and certification of hours of service must be indicated on Attachment B — Proposer's Fee and Certification of Hours of Services. This form must also include the signature of the authorized person empowered to submit this proposal. K. Complete and submit Anti -Collusion Statement including the signature of the authorized person empowered to submit this proposal (Page "ii" of this proposal). L. A minimum of two letters of reference written within a year of the date of this Request For Proposals. M. Complete and submit Vendor Information Sheet (ATTACHMENT C). N. Complete Affirmative Action Employment Breakdown Form. (Attachment D). 4 O. Complete and submit the Sworn Statement for the Jessica Lunsford Act (ATTACHMENT E). VII. TERMS OF CONTRACT The term of the proposal shall be for an initial one (1) year period from July 1, 2007 through June 30, 2008, and may, by mutual agreement between the School Board and the awardee, be extended for two (2) additional one (1) year periods, and if needed, 90 days beyond the expiration date of the current contract period. The School Board, through Procurement Management Services, may, if considering to extend, request a letter of intent to extend from the awardee prior to the end of the current contract period. The awardee will be notified when the recommendation has been acted upon. The School Board, by law, must reserve the right to cancel the contract at the end of the year of the contract term, as well as in the event the services rendered do not comply with the provisions of the proposal and/or the quality of services is found undesirable. The proposer shall comply with all municipal, state, and federal statutes prohibiting discrimination. The proposer shall at all times comply with local, state, or national standards for the provision of services whichever is more stringent. The Board shall have the right to cancel the agreement for unacceptable performance at any time, giving the other party sixty days (60) prior notice. The proposer must maintain all financial records for the supported employment services provided for a period of five (5) years and shall make these records available to the School Board or its designee upon request. VIII. INSURANCE REQUIREMENTS At the time an award is made, the successful proposer shall be responsible for providing the School Board with certificates of insurance which indicate that insurance coverage has been obtained and meets the requirements as outlined bellow: A. Professional Liability Insurance in the name of the proposer with limits of liability not less than $1,000,000 per wrongful act. B. Commercial General Insurance on a comprehensive basis in an amount not less than $300,000 combined single limit per occurrence. The School Board of Miami -Dade County, Florida, its employees and agents must be listed as an additional insured on the policy. C. Worker's Compensation Insurance for all employees of the proposer as required pursuant to the provisions of § 440, Florida Statutes. 5 Each insurance policy evidencing the insurance required hereunder shall bear the appropriate endorsements whereby the insurance carrier waives any rights of subrogation acquired against the Board and the Students by reason of any payment under such policy and shall provide that such insurance carriers shall notify the Board in writing at least (30) days prior to any cancellation, termination, non -renewal or modification to the individual/firms policy(ies) required under this agreement. Upon the execution of this agreement, the individual/firm shall furnish to the Board's Office of Risk and Benefits Management with Certificates of Insurance evidencing the individual/firms insurance coverage is consistent with the terms of the agreement. The individual/firm shall also provide copies of the polices to the Board. The individual/firm shall also provide the Board with renewal or replacement Certificates of Insurance no less than (30) days prior to cancellation, termination or modification. The individual/firm shall be in material breach of this agreement if the individual/firm fails to obtain replacement insurance coverage prior to the date in which coverage is terminated or expires. In this event the Board may terminate this agreement without further liability to the individual/firm. Additionally the individual/firm shall be liable to the Board for any and all damages incurred due to the individual/firm failure to perform the agreement terms. IX. INDEMNIFICATION The individual/firm(s) hereby agrees to indemnify, hold harmless and defend the Board, its officers, agents and employees individually and collectively from and against all liabilities, obligations, losses, damages, penalties, interest, claims, actions, assessments, fines, suits, demands, investigations, proceedings, judgments, orders or injuries, including death to any, or damage, of whatever nature, to any property and all costs including court costs and attorneys' fees, and disbursements, whether suit is instituted or not, and if instituted, at all tribunal levels (wherever raised by the parties hereto or a third party) imposed on, or incurred by or asserted against the Board or any of them arising out of or in connection with or based directly or indirectly upon (a) the individual/firms' directors, officers, employees, agents, subcontractors or representatives, of their duties and obligations under or pursuant to this agreement, including without limitations, the failure to maintain insurance or notify the Board; (b) any material breach of this agreement by the individual/firm(s), (c) false or inaccurate representation or warranty made by or on behalf of the individual/firm(s), and (d) any act or omission, negligence, or intentional acts of the individual/firm(s), or any of the individual/firms' directors, officers, employees, agents, subcontractors or other representatives. 6 X. EVALUATION OF PROPOSALS Representatives of the school district will evaluate proposals, in order to ascertain which proposal best meets the needs of the School Board. The selection committee will consist of the following: • An administrator from the Division of Exceptional Student Education • A representative from a Regional Center; • A representative from a High School Trainable Mentally Handicapped (TMH) Program; • A representative from the Superintendent's District Advisory Panel for Exceptional Student Education; • Representative from Division of Business Development and Assistance; and • A representative from Procurement Management Services. (non -voting) The evaluation committee will consider the following specific criteria: A. The responsiveness of the proposal in clearly stating an understanding of the work to be performed within the established time frames and the type of students to be served (i.e., trainable mentally handicapped and autistic). B. The cost may not be the dominant factor but will have some significance. It will be a particularly important factor when all other evaluation criteria are relatively equal. C. Primary emphasis in the selection process will be placed on the background, qualifications, experience and/or expertise in the area of providing supported employment services, along with the type and frequency of supervision and the identification of the agency (les) liaison staff member. D. M/WBE Participation; and E. Past Performance The School Board reserves the right to reject any or all proposals, to further negotiate proposals by the successful proposer(s) for terms more favorable to the District, to waive any irregularities or informalities, to accept or reject any items or combination of items, to request clarification of information submitted in any proposal and to request additional information from any proposer. Following the selection of a proposal and approval by the School Board, a professional services agreement acceptable to the School Board Attorney will be entered into with the successful proposer. Unsuccessful 7 proposers will not receive additional information following the issuance of a final decision. XI. EQUAL EMPLOYMENT OPPORTUNITY AND M/WBE PARTICIPATION Equal Employment Opportunity A. It is the policy of the School Board that no person will be denied access, employment, training, or promotion on the basis of gender, race, color, religion, ethnic or national origin, political beliefs, marital status, age, sexual orientation, social and family background, linguistic preference or disability, and that merit principles will be followed. B. Each firm is requested to indicate its equal employment policy and provide a detailed breakdown by ethnicity, gender and occupational categories of its work force. (ATTACHMENT C) M/WBE Participation The School Board has an active Minority/Women Business Enterprise (M/WBE) Program, to increase contracting opportunities for M/WBE's. In keeping with this policy, if a minority firm, which is Woman or African American -owned and operated, is to perform a scope of work, provide documentation to substantiate the experience of the M/WBE and its staff in providing this type of service. The Division of Business Development and Assistance must certify all M/WBE's, prior to contract award. The M/WBE Application may be accessed through the following link: http://procurement.dadeschools.net/pdf/3920.pdf XII. THE JESSICA LUNSFORD ACT BACKGROUNDSCREENING REQUIREMENTS In accordance with the requirements of §§ 1012.32, 1012.465, and 435.04, Florida Statutes (2004) as well as with the requirements of HB 1877, The Jessica Lunsford Act (2005), effective September 1, 2005, Contractor agrees to certify under oath and penalty of perjury, see ATTACHMENT D (Sworn Statement Pursuant to§§ 1012.32, 1012.465, and 435.04, Florida Statutes (2004) and HB 1877, The Jessica Lunsford Act (2005) which is incorporated fully herein by reference, that Contractor and all of its employees who provide or may provide services under this Agreement have completed all background screening requirements as outlined in the above -referenced statutes. Additionally, Contractor agrees that each of its employees, representatives, agents, subcontractors or suppliers who are permitted access on school grounds when students are present, who have direct contact with students or who have access to or 8 control of school funds must meet level 2 screening requirements as described in 41012.32 and 435.04, Florida Statutes, and further upon obtaining level 2 clearance, must obtain a required Board issued photo identification badge which shall be worn by the individual at all times while on Board property when students are present. Contractor agrees to bear any and all costs associated with acquiring the required background screening — including any costs associated with fingerprinting and obtaining the required photo identification badge. Contractor agrees to require all its affected employees to sign a statement, as a condition of employment with Contractor in relation to performance under this Agreement, agreeing that the employee will abide by the heretofore described background screening requirements, and also agreeing that the employee will notify the Contractor/Employer of any arrest(s) or conviction(s) of any offense enumerated in §. 435.04, Florida Statutes within 48 hours of its occurrence. Contractor agrees to provide the Board with a list of all of its employees who have completed background screening as required by the above -referenced statutes and who meet the statutory requirements contained therein. Contractor agrees that it has an ongoing duty to maintain and update these lists as new employees are hired and in the event that any previously screened employee fails to meet the statutory standards. Contractor further agrees to notify the Board immediately upon becoming aware that one of its employees who was previously certified as completing the background check and meeting the statutory standards is subsequently arrested or convicted of any disqualifying offense. Failure by Contractor to notify the Board of such arrest or conviction within 48 hours of being put on notice and within 5 business days of the occurrence of a qualifying arrest or conviction shall constitute grounds for immediate termination of this Agreement by the Board. The parties further agree that failure by Contractor to perform any of the duties described in this section shall constitute a material breach of the Agreement entitling the Board to terminate this Agreement immediately with no further responsibility to make payment or perform any other duties under this Agreement. COMPLIANCE WITH SCHOOL CODE Contractor agrees to comply with all sections of the Florida K-20 Education Code, Title XLVIII, Florida Statutes, as it presently exists, and further as it may be amended from time to time. Further Contractor agrees that failure to comply with the Florida K-20 Education Code shall constitute a material breach of this Agreement and may result in the termination of this Agreement by the Board. 9 XIII. CONFLICT OF INTEREST Former Miami -Dade County Public Schools employees, classified as Managerial Exempt Personnel, Pay Grade 22 and above, Dade County School Administrators Association, Pay Grade 47 and above, and other equivalent positions, are prohibited from personally representing another person or entity or acting as an agent or attorney for compensation in connection with any matter in which The School Board of Miami - Dade County, Florida, is interested, for two years after the School Board employees' service terminates. This provision is pursuant to School Board Rule 6Gx13 — 4A- 1.212 and Florida Statute § 112.313(9). The School Board of Miami -Dade County, Florida shall be prohibited from entering into any business relationship or continue an existing business relationship with any person or entity determined to have engaged in violation of the restriction contained in this provision. XIV. PUBLIC RECORDS LAW It is the practice of The School Board of Miami -Dade County, Florida, to evaluate all Requests For Proposals in a public forum open to the Sunshine, pursuant to Florida Statute §286.011 and to make available for public inspection and copying any information received in response to an RFP, in accordance with Florida Statute §119, as such any information sent to M-DCPS is being sent into the public domain. No action on the part of the proposer would create an obligation of confidentiality on the part of the School Board, including but not limited to, making a reference in the proposal to the trade secret statutes, Florida Statutes §§ 812.081, 815.045. It is recommended that potential suppliers exclude from their response any information that, in their judgment, may be considered a trade secret. XV. IMPLEMENTATION SCHEDULE The planned schedule for implementation of proposals is as follows: Procurement Contract Review Committee March 22, 2007 Mailing of Request for Proposals April 16, 2007 Opening of Proposals May 3, 2007 Evaluation of Proposals May 12, 2007 Recommendation for Award June 13, 2007 10 XVI. ADDITIONAL INFORMATION Any additional information with respect to the Request For Proposals may be obtained from: Barbara Jones, Executive Director Procurement Management Services Miami -Dade County Public Schools 1450 N.E. 2nd Avenue, Room 352 Miami, Florida 33132 (305) 995-2348 11