REQUEST FOR PROPOSAL For Learning Management Systems · The purpose of this Request for Proposal...

REQUEST FOR PROPOSAL

For

Learning Management Systems

RFP NUMBER: 93_DIGECOSYS052019

For all questions about this RFP Contact

RFP Administrators:

Kimberly Jackson or designee Henry County Schools 396 Tomlinson Street

McDonough, GA 30253 [email protected]

RELEASED ON:

Monday, May 13, 2019

DUE ON:

Tuesday, May 28, 2019, 12:00 p.m. (Noon), Eastern Standard Time

mailto:[email protected]

i

Invitation Number: 93_DIGECOSYS052019 Description: Learning Management System

Proposal Due Date: May 28, 2019 by NOON EST

GENERAL INFORMATION - REQUEST FOR PROPOSAL

Proposal Description:

Henry County Schools (HCS) is seeking to create a strategic partnership with a qualified software and service firm to provide a Learning Management Solution (LMS) that will be a key element in the District’s digital ecosystem and that integrates with our student information system and legacy teaching, learning, and assessment systems.

Proposal Number: 93_DIGECOSYS052019

Submission Date/Time:

EVENT DATE Release of Proposal May 13, 2019 Deadline for written questions May 17, 2019 Proposal Due Date May 28, 2019 by NOON EST Qualified Offerors notified and invited to onsite presentation May 30,2019 Onsite presentation/demonstration for invited Offerors June 11, 2019 Purchase recommendation (if any) made to Henry County BOE on or about July 15, 2019 Contract negotiations begins (predicated on HCBOE approval) on or about July 22, 2019

Submission Procedures:

Providers must submit their responses electronically, no later than the date and time noted above to the following email address: [email protected]. Submission requirements will be as specified in Section 9.0 – Submission Information.

Pricing:

Prices must remain firm for a period of one year from the award date, or for any renewal period, under the same terms and conditions as the Request for Proposal (RFP).

Award:

The contract resulting from this RFP (if it is determined that a contract will be awarded) will be awarded to the Offeror whose proposed offer is deemed most advantageous and best value to the District. The District reserves the right to accept or reject any part of a submitted offer, to accept the entire proposal from one Offeror, to accept portions of the proposal from several Offerors, or to reject all submitted proposals. The District reserves the right to award by line item to more than one Offeror.

Contract Period:

The initial contract term is one (1) year, or less, from contract award. The District at its option may extend the period of this contract up to a maximum of five (5), one (1) year options. Renewal will depend upon funding, and Offeror performance.

RFP Questions:

Submit all Offeror questions via e‐mail to [email protected] for interpretation, correction or clarification. Only written questions and written answers regarding this RFP shall be binding. All questions shall be submitted by 5:00 p.m. Eastern Time on May 17, 2019. Answers to written questions will be posted via http://tinyurl.com/techrfp website by close of business day 5 p.m. on May 21, 2019.



http://tinyurl.com/techrfp

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OFFEROR/CONTRACTOR DATA SHEET

SUBMITTED BY (SIGNATURE)

SUBMITTED BY (PRINT NAME/TITLE)

COMPANY OR BUSINESS NAME

COMPANY ADDRESS

TELEPHONE NUMBER

TAXPAYER IDENTIFICATION NUMBER(S)

CONTRACT ADMINISTRATOR INFORMATION

NAME

TITLE

ADDRESS

CITY/STATE/ZIP CODE

PHONE

FAX

EMAIL

REMITTANCE ADDRESS AND CONTACT INFORMATION (if different from address listed above)

ADDRESS

CITY/STATE/ZIP CODE

PHONE

FAX

CONTACT

Doing Business As: Corporation Gov Entity Sole Proprietorship Partnership Individual LLC Other ___________________________

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TABLE OF CONTENTS

General Information .......................................................................................................................................................... i

Offeror/Contract Data Sheet ............................................................................................................................................ ii

Table of Contents ............................................................................................................................................................. iii

1.0 Introduction .............................................................................................................................................................. 1

1.1 Purpose ............................................................................................................................................................... 1

1.2 Background ......................................................................................................................................................... 2

1.3 Assurances .......................................................................................................................................................... 2

2.0 Scope of Work .......................................................................................................................................................... 2

2.1 Key Solution Services .......................................................................................................................................... 2

2.2 Preferred Standards ............................................................................................................................................ 4

2.3 Functional Requirements – Minimum Requirements ........................................................................................ 4

2.4 Functional Requirements – Compliance Position ............................................................................................... 8

2.4.1 Technical, Integration, Operational, Maintenance, Support and Security Requirements ........................ 8

2.4.2 Integration ............................................................................................................................................... 13

2.4.3 User Experience Requirements ............................................................................................................... 14

2.4.4 Reporting Requirements ......................................................................................................................... 17

2.4.5 General and Administrative Requirements ............................................................................................. 18

2.4.6 Content, Course, and Intellectual Property Management ...................................................................... 21

2.4.7 Implementation, Staffing Models, and Training ..................................................................................... 24

2.5 Warranty Requirements ................................................................................................................................... 25

2.6 Tentative Timeline ............................................................................................................................................ 26

3.0 Statement of Work .................................................................................................................................................. 26

3.1 Participation ...................................................................................................................................................... 26

4.0 Tentative Calendar of Events .................................................................................................................................. 27

5.0 Cost Proposal Worksheet ........................................................................................................................................ 27

5.1 Enrollment Assumptions ................................................................................................................................... 27

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5.2 Cost Adjustments .............................................................................................................................................. 28

6.0 Submission and Evaluation ..................................................................................................................................... 29

6.1 Mandatory Minimum Requirements ................................................................................................................ 29

6.2 Proposal Submission ......................................................................................................................................... 29

6.3 Restriction on Communication with Staff ......................................................................................................... 30

6.4 Organization and Completeness of Proposal .................................................................................................... 30

6.5 Evaluation Committee ...................................................................................................................................... 30

6.6 Evaluation Process ............................................................................................................................................ 30

6.7 Evaluation Criteria ............................................................................................................................................ 32

7.0 Offeror’s Evidence of Responsibility ....................................................................................................................... 32

8.0 Incurred Expenses ................................................................................................................................................... 32

9.0 Temporary Access to Digital Content System ......................................................................................................... 32

10.0 Submission Information .......................................................................................................................................... 32

11.0 Preliminary Evaluation Table ................................................................................................................................ 33

12.0 Appendices ............................................................................................................................................................ 33

A Offeror References .................................................................................................................................... 34

B Key Personnel Information ........................................................................................................................ 35

C Proposal Certification ................................................................................................................................ 36

D Offeror’s Exception ................................................................................................................................... 37

E Contractor Affidavit ................................................................................................................................... 38

F Sub Contractor Affidavit ............................................................................................................................ 39

G Non‐Collusion Affidavit ............................................................................................................................. 40

H Form W‐9 .................................................................................................................................................. 41

I HCS Vendor Agreement ............................................................................................................................ 48

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1.0 INTRODUCTION

Henry County Schools (HCS) has determined that the use of sealed bidding will not be practical or advantageous to the school system in completing the acquisition of the services and/or commodities described herein. All proposals submitted pursuant to this request shall be made in accordance with the instructions and specifications set forth herein.

Prices will not be the sole determinant for the award. As defined by the American Bar Association Model Procurement Code, Competitive Proposals (RFP) will be evaluated based upon criteria formulated around best value, which may include among other criteria: price, quality, references, ability to successfully supply services or commodities, and organizational best fit.

1.1 Purpose The purpose of this Request for Proposal (RFP) is to solicit proposals from qualified software and service firms, with a positive record of serving the PK‐12 Education market, to provide the Henry County Schools (“HCS”) with a Learning Management Solution that will meet the education and information needs for the District. The Learning Management Solution (“LMS”) will become the foundation of the HCS Digital Ecosystem (“HCS DES”). The LMS will be a key element and the interface to the digital ecosystem of Henry County Schools that integrates with our legacy student information and data systems along with core teaching, learning, and assessment systems to provide students, educators, and parents a single interface to access digital learning, assessment, and support resources. To be clear, the district does not intend to purchase and use a LMS platform as‐is; rather, the district will create a custom‐built system or fully customize an existing product to meet the demands of the Henry County Schools’ end user community of students, parents, and educators. 1.1.1 Henry County Schools will hereinafter be referred to as the “District.” Respondents to the RFP

shall be referred to as “Offerors”. The Offeror to whom the contract is awarded shall be referred to as the “Contractor”.

It is the intent of this RFP to secure a contract with a value added partner for the District to not only provide the services listed herein, but to also ensure that as technology improves or changes over the life of the contract, this improved technology will:

1.1.1.a Be substituted by the Contractor at the direction of HCS as the new standard for District purchase.

1.1.1.b Not increase the unit cost to the District for the new standard.

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1.2 Background

Henry County School District is one of the 10 largest school districts in Georgia, and is one of the largest 125 districts in the United States. The district is made up of 52 school programs including elementary, middle, and high schools, an alternative school, blended virtual school, and a career academy. The district serves well over 42,000 students and is expecting rapid growth in students based on regional demographic trends. The Henry County LMS will be implemented over a two‐year span during school years 2019‐2020 and 2020 ‐2021. As a one‐to‐one district, with IPADs in grades K through 2nd and Chromebooks for grades 3rd through 12th, Henry County will be able to fully leverage the LMS solution in conjunction with strong input and oversight of the professional learning communities served. The LMS purchase of software and services will become the center of the HCS Digital Ecosystem and will be done under a long‐term purchase agreement.

1.3 Assurances

1.3.1 A proven track record of providing high quality service and product 1.3.2 Ability to serve as a strategic partner in service and support 1.3.3 Timely acquisition, deployment, and implementation 1.3.4 Affordability 1.3.5 IMS Global Standards Certification (see Section 2.3.1.f)

2.0 SCOPE OF WORK

HCS intends to meet present and future learning solution demands by implementing a flexible and integrated solution to provide for both educational and administrative needs supporting the educational initiatives of the Henry County School District.

HCS seeks an LMS solution supporting more than 50,000 district users (plus parents and other community users) for over 50 school sites. HCS is looking for a user‐friendly LMS designed for grades Pre‐K through 12th grade classroom. This solution must provide the ability for students to collaborate with one another, for students or teachers to post text, links, embed content from many sources, participate in exams, while providing teachers the ability to monitor student progress, add comments, and record grades in a system that integrates throughout the HCS Digital Ecosystem. In addition, this solution must work both on and off campus and integrate with current District procedures and services.

2.1 Key Solution Services

2.1.1 Install a LMS capable of supporting over 50,000 users plus parent and community users. The

Application should support both a Core Blended Classroom Application.

2.1.2 The solution should provide security required of a large public‐school district and be cloud hosted or provide passage of critical and sensitive data behind the HCS Firewall.

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2.1.3 The Proposal should include any annual licensing, installation, set up, integrations, and/or content conversion services costs, as well as ongoing implementation, support and training costs.

2.1.4 The User Interface should be designed for optimization of iPad devices, Chromebooks, Windows 10, 8 and lower version laptops, as well as all major iPhone devices and popular Android phones. Interfaces should also be compatible with all major browsers including, Safari, Chrome and Edge.

2.1.5 The solution should provide students, educators, and parents a single interface to access and utilize digital learning, assessment, performance reporting, and support resources that leverage One‐Roster for data file sharing and cloud‐based Microsoft Azure Active Directory for user authentication. The solution should integrate existing core systems and future acquisitions and create a “plug and play” environment based upon defined interoperability standards for subsequent integrations.

2.1.6 The solution should integrate with the District’s current digital environment which includes a significant number of applications both on premise and vendor hosted. These applications include a student information system (Infinite Campus), data warehouse (Custom Tech Solutions), assessment system (Illuminate Education), Library Management (Follett/Destiny), Microsoft Office 365, Google for Education, and single sign‐on solution (ClassLink).

2.1.7 Transfer and facilitate input of all courses and content from the Blackboard Learn Platform.

2.1.8 Even after award of contract(s), the District may or may not proceed with the project, in whole or in part. Execution of the project, in part or in whole, is solely at the discretion of District.

2.1.9 Development of a long‐term resource and implementation plan covering a multi‐phase

approach; a) initial year configuration and implementation, b) pilot of a cohort representing a smaller subset of HCS Schools, c) conversion of selected virtual courses into the new LMS and development of resources by unit in targeted areas, and d) wider go‐live launch across HCS.

2.1.10 Demonstration of Quality Assurance and Support Protocols and Resources that will be made

available to HCS.

2.1.11 Outline development and implementation of satisfactory security protocols consistent with the standards of HCS. Proposal should discuss long‐term program management. Discuss previous experience managing unique needs of schools, while maintaining a centralized administration.

2.1.12 Development of a Training Plan including initial face‐to‐face options and ongoing training

throughout the implementation phase. The Training Plan should also contemplate a train‐the‐trainer model and virtual training support.

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2.1.13 For each support function and area (e.g. training, support, implementation, hosting), the district will request as part of the contract market‐based service‐level agreements (SLA).

2.1.14 The Provider will be required to provide insights, around continuous improvement, for how the initial HCS LMS implementation will be increasingly optimized, beyond initial implementation phase.

2.1.15 The LMS Provider will be required to transfer their experience with large and complex implementations to the HCS project. The implementation requirements will range a spectrum from meeting the needs of training for unique groups of users to continued relationship management after implementation.

2.2 Preferred Standards

Henry County Schools is committed to a standards‐based, interoperable teaching and learning technology ecosystem. 2.2.1 The system developed or procured through this RFP must meet conformance certification

requirements as outlined in the specification documents for each IMS Global Learning Consortium standard listed below and provide evidence of such certification.

2.2.2 The vendor is also required to remain current with the subsequent versions and applicable extensions and receive conformance certification within a reasonable time period for each standard listed Section 2.3.1.f. (http://www.imscert.org)

2.3 Functional Requirements – Minimum Requirements

For evaluation and consideration, the proposed solution MUST meet the following minimum requirements. Please respond YES or NO to each question in Section 2.3.1. If yes, provide direct evidence to the answer.

2.3.1 Minimum requirements Respond YES or NO to each question If yes, provide direct evidence to the answer

a. Does the vendor have experience with large complex implementations with more than 10 large school District Implementations (defined as K‐12 Student Size of 50,000 students)? Has the LMS been architected to deliver a responsive, highly scalable system that allows for minimal downtime for 100,000 users?

b. Does the proposed solution support user authentication against specified protocols? How does the solution

http://www.imscert.org/

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support account life cycle management? Does the LMS maintain its own user base or is it strictly tied to Active Directory? Does the LMS have a process to update dependent systems (e.g. create/reactivate, enable/disable and terminate accounts)?

c. Security: Does the vendor use

industry‐standard technology SSL (Secure Socket Layer) SSL encrypts information transmitted. Is the vendor’s application hosted out of tier 3 or greater hosting facilities, such as AWS?

1. Does the vendor practice the following systematically?

i. Design and implement a comprehensive suite of information security controls and other forms of risk management to address any district architecture security risks.

2. Adopt an overarching management process to ensure that the information security controls of your LMS meet prevalent information security needs on an ongoing basis.

d. Does your application provide accommodations for content management through a learning object repository (both captive/provided in the LMS and with functionality including interoperability to a 3rd party solution that includes recognition, storage and expansion of relevant metadata attached to specific content components?

e. Does the LMS have suitable meta‐tagging capability? This is defined as

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follows. HCS requires the LMS application has meta‐tagging requirement within the LMS capabilities to optimize the content search experience for educators by capturing, tagging and delivering learning standards and content in a consistent and machine‐readable metadata format. This enables educators to find the content necessary to help their students achieve standard mastery.

f. As an LMS Provider, are you certified in the latest IMS Global Standards AND will remain current with subsequent versions and applicable extensions and receive conformance certification within a reasonable time period for each standard listed below? List of Standards

1. Common Cartridge® (CC®) version 1.3 or higher

2. Competencies and Academic Standards Exchange® (CASE®) version 1.0 or higher

3. Learning Tools Interoperability® (LTI®) version 1.3 or higher

4. LTI Advantage 5. LTI Resource Search version

1.0 or higher 6. OneRoster® version 1.1 or

higher 7. Question and Test

Interoperability® (QTI®) version 2.2 State/Core Profile or higher

8. Thin Common Cartridge (Thin CC) version 1.3 or higher

g. Is the proposed solution compliant with SCORM and other interoperability technical standards? Please cover SCORM compliance around mobile devices.

https://www.imsglobal.org/activity/common-cartridge


https://www.imsglobal.org/activity/case



https://www.imsglobal.org/activity/learning-tools-interoperability




https://www.imsglobal.org/resource-search

https://www.imsglobal.org/resource-search

https://www.imsglobal.org/activity/onerosterlis

https://www.imsglobal.org/activity/onerosterlis

https://www.imsglobal.org/activity/qtiapip






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h. HCS desires a solution that requires only an Internet browser for full capabilities while providing for application use in the case when Internet is unavailable. Does your LMS solution provide both of these capabilities?

i. Does your LMS solution adhere to relevant accessibility standards, including ADA 508c Compliant and Accessible?

j. Course Delivery minimum requirement:

1. Will the vendor ensure or provide integration and compatibility with the registration and monitoring system HCS currently employs, Infinite Campus.

2. Does the vendor provide fully functional mobile app for students, educators, and parents with push notifications?

3. Does the LMS have student analytic reports per class, per groups of classes, per all program classes?

4. Does the vendor provide teacher analytics – teacher response time, summary of feedback?

5. Does the application allow for communication via Text?

6. Does the application provide for progress monitoring (i.e. allows students to see where learning left off)?

7. Does the application provide for full SSO integration with Office 365 and GfE for assignment completion?

8. Does the application support adaptive release and hide based on date, time, role, academic progress?

9. Does the application allow the merging of multiple class

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rosters/sections within one given class period assigned to a teacher?

10. Does the application allow multiple teachers to share a class/course?

k. If a digital resource accesses student data, it is District practice to require the vendor to sign the HCS Vendor Agreement (see Appendix I), as part of our standard terms and conditions. Is the vendor willing to sign the District agreement with no or limited revisions?

2.4 Functional Requirements – Compliance Position

For evaluation and consideration, the proposed solution will be evaluated considering the following minimum requirements. Please respond to each requirement (section and sub‐section) whether you will comply or not comply. Any additional response required should support your compliance position. No responses around compliance will be taken as an answer of “non‐compliance”.

2.4.1 Technical, Integration, Operational, Maintenance, Support and Security Requirements

Each response requires a compliance response (COMPLIANCE or NON-COMPLIANCE) and may require support to the compliance response.

a. HCS SSO and Rostering Requirements: Specifications for SSO, rostering, and seamless interoperability is defined and finalized. Vendor is required to follow the HCS SSO and Rostering Requirements. HCS utilizes One‐Roster for data file sharing, and the District’s primary connection method to 3rd party vendors for user authentication (single sign‐on) is provided by cloud‐based Microsoft Azure Active Directory. Other alternatives to address SSO and rostering must be reviewed and approved by the HCS technology team in concert with the provider.

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b. Meta Tagging Requirements (relating primarily to the LOR‐Learning Object Repository): To enable the District’s LMS to work for all users, service providers and vendors must understand the importance and frequency of tags provided in the Thin Common Cartridge that will be used by HCS. This must conform to HCS tagging requirements, driven in part by HTLS, Georgia Standards of Excellence (GSE), and other standards.

c. Vendor to Adhere to and Support Content Delivery Process: The District intends for all digital instructional resources be provided in a format that conforms to IMS Global Interoperability Standards: Thin Common Cartridge, or at the minimum, Learning Tools Interoperability (LTI). The LMS should have the functionality to allow content to be ingested into a learning object repository (LOR) where content can be searched according to HCS metadata tagging requirements. Content will be delivered by a District approved process and format (e.g. IMS Global Certified Publisher Common Cartridge content packages, direct content ingestion, etc.) allowing the District to import structured links to publisher content into the LMS for use in building and enabling course outlines or populating a learning object repository for professional learning communities within the District. The cartridges provide student and teacher content as individual learning objects that include descriptive metadata as well as standards correlations where available. To the extent there are revisions over time, the district may opt to standardize on

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more current versions around Common Cartridge, LTI, and QTI. Thin Common Cartridge packages adhere to the following specifications: IMS Common Cartridge v1.2 and meta‐tagging resources as required. Learning Tools Interoperability (LTI) v1.2 for link authentication. QTI v2.1 for Assessment Content.

d. The Vendor will provide functional quality assurance testing as related to any module integration to ensure content functions as expected, including any necessary collaboration with HCS staff or other district vendor partners and applications.

e. The Vendor will provide Secure Hosting Services ensuring suitable module and application Up‐time Service Levels, including Backup Processes. The Vendor Application will provide methodology and process to ensure Suitable System Response Time.

1. Data must be encrypted at rest and in transmission. Describe the encryption strategy.

2. Describe security audits performed at the data center(s) including frequency, types and who performs them.

3. Describe how the proposed solution implements a configurable data retention policy. Address the ability to purge data according to automated, configurable workflows.

4. Describe the proposed solution’s ability to lock down access to functions, features,

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modules and process to specific IP ranges, users, positions, locations and device or mac addresses at specific times.

f. Describe a proposed SLA to include data backup and restoration strategy carried out by the vendor. Address at least the following issues:

1. Backup timing 2. Retrieval process 3. Response time in the event

restoration from a backup is needed

4. Strategy for data center redundancy

5. Procedures in the event of an outage

g. Describe the proposed solution’s support for multiple instances for production, testing, training, development and the like. What is the refresh schedule for non‐production instances?

h. Compliance around Recovery ‐ Data Availability Power Outage. How is user data stored at all times such that it is not lost if there is a power outage or other disruption?

i. Maintenance: Describe a maintenance strategy including the proposed solution's approach to patching and testing. Address activity expected of the District and activity to be carried out by the vendor. 1. What is the frequency of patching

and required testing? 2. Will the District have the option to

opt out of certain upgrades? 3. Will a development instance for

testing major upgrades be

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available at least 30 days prior to release?

j. Do you have experience with large complex implementations and integrations? Describe your experience with large and complex implementations and integrations.

k. Describe a proposed support model. Address at least the following issues:

1. Limitations (if any) on points of contact within the District and a process around how users are authorized to file support tickets?

2. The escalation process, and who determines whether an issue is critical.

3. Is support rendered from the United States?

4. What support documentation is available to various user types (front‐line, administrator, power user, developer) and how is the documentation integrated with the solution?

5. Please include provisions and/or recommendations for end‐user support (e.g. students, parents, etc.)

l. Describe a proposed Support Level Agreement including at least minimum up‐time, redundancy and response times.

m. Provide Provisions for Confidential Data: Access, Changes, Copies and Removal

n. The Vendor will Provide Security Framework and Access for their application and any application interfaces.

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o. HCS desires a solution that requires only an Internet browser for full capabilities. Describe the proposed solution's supported web browsers. Address at least the following:

1. Required additional software such as browser plug‐ins

2. Browser and version support on various devices such as desktops, tablets and phones

3. Strategy for support of future browser versions

p. Compliance around Mobile Applications. Describe the solution's current functionality on native mobile apps and detail the solution's future mobile app strategy. Describe white label features such as HCS branding of app and placement in app stores.

2.4.2 Integration Each response requires a compliance response (COMPLIANCE or NON-COMPLIANCE) and may require support to the compliance response.

a. Compliance and Support for Integrations. Describe the proposed solution’s support for integrations with external applications. Provide a list or link to published and external APIs or other methodology that can be used to integrate with third‐party systems.

b. Describe the proposed solution’s compliance with SCORM and other interoperability technical standards. Please cover SCORM compliance around mobile devices.

c. Compliance around packaged integration. List the products for which the proposed solution provides a packaged integration. Please address packaged integrations with the other key applications from the HCS Digital Ecosystem such as student information system (Infinite Campus), data warehouse (Custom Tech Solutions), assessment

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system (Illuminate Education), Library Management (Follett/Destiny), Microsoft Office 365, Google for Education, and Single Sign‐on Solution (ClassLink). In addition, address Student Information System (SIS) ‐ provide integration with SIS that includes rostering, course creation and grade pass back.

2.4.3 User (Student, Educator, Parent) Experience Minimum Requirement – the following requirements relate to current or future HCS LMS Enabled User Experience


a. Push Notifications

b. Mobile Responsive

c. Adherence to all relevant accessibility standards, including ADA 508c Compliant and Accessible

d. Describe how the proposed solution supports users with intellectual disabilities, or visual or auditory impairment.

e. ELL Student Accessible

f. Intuitive Interface such that any user can navigate the platform within 30 minutes of initial introduction. Describe look and feel approach to varying grade/age levels and user groups.

g. White Label Features (HCS branding and customized to student experience)

h. Customizable Dashboard where all users can add or move widgets such as:

1. Schedule 2. Grades 3. Upcoming assignments 4. Course Calendar 5. School Calendar 6. Schedule of extra‐curricular activities

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7. School and District social media feeds

i. Digital Badges 1. Badges will track academic and

character achievements (i.e. standards, volunteer activities)

2. Badges will follow students should they transfer between HCS schools. Teachers could use this badge data to ascertain their level of content mastery once they transfer into a new school or class.

3. Badges will also show student completion of internships or career readiness skills identified in collaboration with community partners and businesses

j. Platform Facilitation of External Personalized Learning Experience:

1. Does the Platform provide flexibility to access content in alignment with their personalized learning path based on external sources (i.e. access to a MOOC being facilitated in or outside the HCS)? External sources should utilize the LTI standard where applicable.

2. Access relating to students taking courses on multiple sites: Students will have the opportunity to take courses outside their own school for course credit (i.e. Clayton State University math class at Advanced Academy HS or Dutchtown HS students who took an Impact Academy course).

3. Students can search for content 4. Provide area for students (all users

groups) to submit their work directly within the platform. Submissions area should support files, videos and Microsoft documents

k. Adaptability:

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1. Learner interest profiles to align resources to student interests.

2. Assessments adapt based upon student response

3. Does the Platform support Content‐oriented simulations

l. Social Features such that all users (students, educators, parents) can receive notifications from and communicate with:

1. Teachers 2. Clubs/Extracurricular Activity Groups 3. Peer interest groups

m. Self‐Monitoring of progress: 1. Alerts when falling below grade level 2. Goal setting 3. Weekly/monthly planner 4. Help students organize and plan for

projects – set benchmarks so they know if they are on track

5. Portfolio that is a compilation of student work samples and evidence of learning progress that follows students throughout their HCS school career.

n. Export capabilities for all materials, features, functions, etc.

o. Describe how the proposed solution supports a wide variety of pedagogical approaches and designs. How does the proposed solution accommodate diverse learning styles and provide mechanisms that promote collaboration among the learners?

p. Compliance with wide ranging interactions for students, teachers, parents, and other users. What types of interactions does the proposed solution support for students, teachers, parents, and other users? Address at least the following features, highlighting configuration options, and add other features not contemplated here. 1. Blogging

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2. Wikis 3. Discussion forums 4. File exchange (access to files from local

computer and cloud‐based services including OneDrive and Google Drive)

5. Group work 6. Symbolic character support (mathematic

and scientific equation editors and world‐language support)

7. Text chat/instant messaging 8. Web conferencing with voice, video,

whiteboard, screen sharing and recording 9. Connection to online calendars 10. Lesson content creation

q. Fully functional mobile app for student, teacher, parent, and admin with push notifications. Mobile app should have a device agnostic UI with responsive design for varied screen sizes.

r. Communication via Text.

s. Adaptive release and hide based on date, time, role, academic progress.

2.4.4 Reporting Requirements Each response requires a compliance response (COMPLIANCE or NON-COMPLIANCE) and may require support to the compliance response.

a. Student Analytics – reports per class, per

groups of classes, per all program classes.

b. Parent Analytics – reports per class, per groups of classes, per all program classes.

c. Teacher Analytics – teacher response time, summary of feedback.

d. School and District Level Analytics ‐ summary of learner performance, progress, proficiency and completion rates by grade, teacher, school, region, and district, time on task, completion rates, content usage/traffic summary, user feedback

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e. Progress Monitor – Students, parents, teachers, school, and district

2.4.5 General and Administrative Requirements Each response requires a compliance response (COMPLIANCE or NON-COMPLIANCE) and may require support to the compliance response.

a. The District will consider solutions that provide Software as a Service, including ongoing partnership with a vendor that carries out hosting, patches, upgrades, hardware changes and related system management activities. Describe the proposed solution’s approach to Software as a Service. Which system management activities are the responsibility of the vendor and which are the responsibility of the District?

b. Describe the system’s ability to work offline and synchronize user actions when an Internet connection is re‐established.

c. The solution must support robust data reporting across HCS to satisfy internal reporting needs and requirements issued by departments or constituent user groups. Describe the proposed solution’s reporting capabilities, including at least the following key features:

1. Pre‐defined and custom ad‐hoc reports, including export to desktop applications.

2. Support for third‐party reporting tools such as Tableau and SQL Server Reporting Services. Can the proposed solution act as a data source for external reporting tools? Outline mechanisms for such services in the context of APIs or other data standards and schema making data

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available. Confirm that post configuration and implementation, such use cases do not trigger additional licensing requirements?

3. Does the proposed solution allow for direct database access by District staff? What are the limitations on that access, if any?

d. The proposed solution must support user authentication against Active Directory. The District will use system data as part of user account provisioning and to manage the account lifecycle in Active Directory and dependent systems (create/reactivate, enable/disable and terminate accounts). Discuss how the proposed solution integrates with Active Directory to support those functions.

e. Describe how the proposed solution approaches user administration and data access rights. List and describe standard user roles in the application and the depth and ability to create customized roles and associated functional and access limitations.

f. Detail the proposed solution’s approach to enabling parents/guardians to access course content and other details connected to their students. What configuration options are available to permit parent/guardian access to certain data while restricting it elsewhere? Can such access be embedded or framed in existing parent/guardian solutions?

g. Describe how the proposed solution supports user‐defined data fields throughout the application. The fields should be accessible from reporting modules and capable of functions such as calculations and lookups.

h. Provide an overview of the proposed solution’s approach to data management, including support for mass changes, import/export.

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i. Describe how the proposed solution accommodates customizations. Address ongoing maintenance of customizations and whether customizations affect the upgrade path. Please provide experience and examples of customization (i.e. functional attribute does not exist in the proposed solution) versus configuration (i.e. way a functional attribute of the proposed solution may be exposed/surfaced for use) in the context of implementation.

j. What capabilities does the proposed solution offer for integrating with the District’s printing equipment such as scanning directly to a document repository or workflow integration point?

k. With security concerns paramount, related to interfaces with HCS district assessment data and student records, please describe your process for securing answers to online assessments, inquiries etc.

l. Please provide an overview related to the support of Ed Analytics your platform provides. Will your platform allow capture of data around student activity, student responses, etc. related to activity within the platform? Describe Tableau integration with your product to provide robust reporting and visualizations.

m. Describe how the proposed solution supports multiple grading formats including letter, numeric and pass fail.

n. Describe how the proposed solution supports grading through rubrics.

o. Describe how the proposed solution allows instructors to provide comments and feedback.

p. Describe how the proposed solution supports a Standards Based Gradebook. System should provide a gradebook that displays student

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performance against standards and learning objectives. Standards Based Gradebook should allow teachers to drill into data to see student performance on objectives by content and by objective.

q. Describe how the proposed solution supports differentiated instruction and student tracking. Differentiation ‐ Allow instructors to differentiate students based on proficiency levels as displayed in the Standards Based Gradebook. Teachers can assign materials to students based on their Mastery achievement level.

r. Describe how the proposed solution provides the ability for instructors to see student assignments across all courses for planning purposes.

2.4.6 Content, Course, and Intellectual Property Management


a. Please describe accommodations for content management/learning object repository, functionality and interoperability including recognition, storage and expansion of relevant metadata attached to specific content components.

b. Describe how the proposed solution enables instructors to access and assign a variety of files, course modules, and other content into and out of a course, including:

1. Master course files 2. Master unit files 3. Files that align with Henry County

Schools and Georgia state standards 4. Third‐party created content and

databases 5. Teacher‐created content

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c. Describe how the proposed solution’s course management tools allow instructors to control the progression of an online class by:

1. Allowing for sequential/mastery‐based/conditionally‐limited access to content

2. Methods to assign content to specific users based on parameters

3. A step‐by‐step process to set up the essential features of a course, including course templates

d. Describe how the proposed solution supports: 1. Compliance with the guidelines of fair

use 2. Resource tracking 3. Licensing enforcement

e. Describe the proposed solution’s tools for Digital Rights Management to help protect, track, license and report on content including:

1. The ability to encrypt content with file level DRM settings to restrict unauthorized copying or distribution of publisher’s video and audio content when distributed via e‐mail, storage device or downloaded for offline viewing

2. The ability to permit or restrict downloading of content for local playback

3. Tracking, protecting and managing digital content licenses from third‐party applications

4. The ability to set passwords on titles that supersede other digital rights settings

5. The ability to set expiration dates on resources that make the content inaccessible

f. Detail the proposed solution’s approach to enabling parent/guardian access to course content and other details connected to their students.

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g. Describe how the proposed solution supports user‐defined data fields throughout the application. The fields should be accessible from reporting modules and capable of functions such as calculations and lookups. (e.g. inserting within a student view such items as essential questions, key quotes, or teacher comments)

h. Provide an overview of the proposed solution’s approach to data management, including support for mass changes, import/export.

i. Describe how the proposed solution accommodates customizations, during initial configuration and during the term of the license. Address ongoing maintenance of customizations and whether customizations affect the upgrade path.

j. Content mapping ‐ Describe how the proposed solution supports teacher collaboration in developing and mapping content:

1. Within courses, grades and departments

2. Within schools 3. Across the district 4. Outside the district 5. Connected to state, federal and

international standards and ability to ensure HCS standards.

2.4.7 Implementation, Staffing Models, and Training


a. The District expects to partner with the vendor to carry out implementation. Provide an implementation plan with tasks and milestones for the vendor and the District. Address at least the following elements:

1. A timeline for each task during the implementation as well as individual

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roles of who will be involved at each task/milestone both from HCS and vendor. For each implementation task, describe what information will be required from the District.

2. A proposed data migration strategy including the means of migration such as import tools or APIs and additional cost, if any, associated with data migration.

3. A proposed integration strategy, including the means of integration with third‐party applications (see table of 3rd party providers table to be inserted) professional services the vendor would provide with respect to configuration and integration, and information and resources required from the District.

4. Comply with Appropriate Dedicated Staffing ‐ Describe the proposed vendor staffing for the project, including the number of vendor staff assigned to each role. Describe vendor activities to be completed on‐site vs. off‐site. Describe District staffing required for implementation including at least suggested roles and estimated time commitments.

b. Comply with a Customized Training Approach‐ Describe a suggested training plan to support implementation. The training strategy may include off‐site classes, on‐site classes, written documentation, online videos or any other means. Include at least the following elements:

1. Technical staff training 2. Teacher training 3. Student training 4. Support/Manager training 5. Describe the elements of a training

program that have yielded the most success with comparable customers.

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c. Discuss additional support provided, which aims to increase adoption plans, and how you can help us plan, achieve and measure the unique goals outlined during contract duration. Discuss any way in which we can maximize our investment in your solution.

d. What kinds of advisory and change management services can you provide to help promote widespread system adoption?

e. How do you help clients understand and implement best practices for course design using your technology? What kind of course development services do you offer?

f. Please provide information about staff overseeing management for this account (including actual biographies or profiles). Please provide staff information for staff that will directly support the implementation (biographies or staff profiles including education requirement and experience)

2.5 Warranty Requirements

Vendor agrees that the supplies, equipment, or services to be furnished shall be covered by commercial warranties the vendor gives to any customer for the same or substantially similar supplies, equipment, or services and that the rights and remedies so provided are in addition to, and do not limit, any rights afforded to the Henry County School District. Warranty period for hardware and software does not begin until it has been installed and configured to the satisfaction of the District. In addition, the vendor shall warranty support for its product should the vendor be purchased by another vendor.

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2.6 Tentative Timeline

The timeline of the project will reflect the dual usage of the planned LMS as both a platform for delivery and administration of Virtual Course and delivery of instruction within the HCS Digital Ecosystem.

Event Time Period

1. Phase 1: Initial implementation selected cohort schools, potential conversion of virtual courses into the new LMS and development of resources by unit in targeted areas.

SY 2019‐2020 (August 1, 2019 – June 30, 2020)

2. Phase 2: Develop plan to implement to remaining schools.

SY 2019‐2020 (November 2019 – April 1, 2020)

3. Develop campaign plan to increase adoption rate

SY 2020‐2021 (July 1, 2020 & beyond)

4. Ongoing enhancements and support SY 2019 to the end of contract cycle

3.0 STATEMENT OF WORK

Henry County Schools is soliciting proposals from interested vendors to furnish the school district with an LMS solution to serve as the foundation for the HCS Digital Ecosystem. The Digital Ecosystem consists of: The LMS, student information system (Infinite Campus), data warehouse (Custom Tech Solutions), assessment system (Illuminate Education), Library Management (Follett/Destiny), Microsoft Office 365, Google for Education, Single Sign On solution (ClassLink), and core instructional resource content from a publisher (yet to be adopted).

The District will contract for the term, application licensing and related support for implementation, training, and integration with the other major modules within the ecosystem.

3.1 Participation

The intended coverage of this request for information and any Agreement resulting from this solicitation shall be for the use by Henry County Schools and accessed and used by the Henry County Schools Educational Community consisting of on‐site (52 schools and programs) and remote students, on‐site and virtual instructors, parents/guardians, administrators, and educators. In the course of providing access to a virtual learning environment to their constituents, the HCS LMS will be accessed by students, educators, parents and administrators outside of the district.

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4.0 TENTATIVE CALENDAR OF EVENTS

EVENT DATE

Release of Proposal May 13, 2019 Deadline for written questions May 17, 2019 Proposal Due Date May 28, 2019 by NOON EST Qualified Offerors notified and invited to onsite presentation

May 30,2019

Onsite presentation/demonstration for invited Offerors June 11, 2019 Purchase recommendation (if any) made to Henry County BOE

on or about July 15, 2019

Contract negotiations begins (predicated on HCBOE approval

on or about July 22, 2019

5.0 COST PROPOSAL WORKSHEET

Item Year 1 2019-2020

Year 2 2020-2021

Year 3 2021-2022

Year 4 2022-2023

Year 5 2023- 2024

Annual Licensing cost for LMS

Integration of HCS Applications

Maintenance and Support ‐ Host ‐ Tier 2/3

Other Migration ‐ Data Transportation Costs

Migration ‐ Other Applications

Non ‐ HCS License (e.g. outside of HCS access for virtual)

Other Staffing PMO Costs

Other

Total Costs

5.1 Enrollment Assumptions

Students 42,860 Educators 3,000

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5.2 Cost Adjustments

5.2.1 Unless specifically consented to in writing by HCS, prices must remain firm for a period of one year from the award date, or for any renewal period, under the same terms and conditions as the Request for Proposal ("RFP"). HCS reserves the option to renew any contract award at its sole discretion. 5.2.2 The initial contract term is one (1) year, or less, from contract award. The District at its option may extend the period of this Contract up to a maximum of five (5), one (1) year options. Renewal will depend upon available funding and Offeror performance. 5.2.3 Quantities/amounts shown in the request for proposal are estimates. Vendors are advised that the actual number purchased/required may vary from those in the request for proposal, depending upon the needs of the HCS and the availability of funds.

5.2.4 Responses that contain minimum order amounts will not be accepted unless called for in the solicitation document.

5.2.5 Pricing must be submitted on the Cost Proposal Form(s) as requested without conditions unless called for in the solicitation document.

5.2.6 For Goods: Proposals must include any and all delivery, installation, and/or integration charges. Delivery and/or installation requirements will be as specified in the solicitation document.

5.2.7 Prompt payment discounts will be considered for the purposes of evaluation and award.

5.2.8 HCS does not pay late payment fees.

5.2.9 FEE STRUCTURE FOR ADDITIONAL ITEMS: Within this document, HCS has attempted to anticipate and identify all items that may be needed under this contract throughout the length of the award period. In the event HCS has failed to include an item(s), responding vendors are asked to provide a fee structure for additional, related items that may be purchased during the award period. Vendors are to identify the pricing source and the associated fee structure in the space provided on the attached Cost Proposal Worksheet. Some example responses are: X% discount below MSRP; X% discount below published catalog pricing; Cost plus X% mark‐up. Upon request, awarded vendor must be able to provide documentation verifying appropriate discounts are granted throughout the contract. HCS reserves the right to conduct periodic random audits of fair market value, etc. to ensure price granted is reasonable and accurate.

5.2.10 HOURLY RATE and/ PER DIEM RATE FOR ADDITIONAL SERVICES: Within this document, HCS has attempted to anticipate and identify all services that may be needed under this contract throughout the length of the award period. In the event HCS has failed to anticipate all service needs, responding vendors are asked to provide a fee structure for additional, related services that may be needed during the award period. Vendors are to provide an hourly rate and/or per diem rate in the space provided on the attached Cost Proposal Worksheet. If awarded the

29



contract, this fee would then apply to service needs that may be identified later. If there are different rates, please provide any/all rate information.

6.0 SUBMISSION AND EVALUATION

6.1 Mandatory Minimum Requirements 6.1.1 Offeror is licensed to do business in the State of Georgia, is in good standing with federal, state

and municipal jurisdictions to conduct business with the District, and is not under investigation or engaged in litigation that would hinder the conduct of business.

6.1.2 Offeror has presently, or will have at the time of implementation, the professionals and supporting staff necessary to deliver the proposed goods, services and systems.

6.1.3 Offeror has presently, or will have at the time of implementation, the required licenses,

certifications, and subject matter knowledge to deliver the proposed goods, services and systems.

6.1.4 The Offeror must be fully capable of delivering a solution inclusive of all required services

described herein as a part of their proposed solution.

6.1.5 Proposals must be submitted on time. Any proposal received after the due date and time will not be evaluated. The due date for this proposal is May 28, 2019 at 12:00 (Noon) P.M. The Offeror has sole responsibility to insure that the proposal is delivered by the proposal deadline. In order to protect the integrity of the Contracting process, proposals will not be disclosed until after award and signing of the Contract.

6.1.6 Proposals must follow the table of contents and include each appendix document.

6.2 Proposal Submission

6.2.1 The proposal must follow the sequence listed in the RFP.

6.2.2 Clearly state assumptions used to develop the proposal. Simply offering to meet the

requirements of the RFP or reference to the RFP in general terms will be considered incomplete. Each representation of fact or future performance will be incorporated into the contract as a warranty by the respondent. Selection of a successful proposal is not the end of the contractual process; further negotiation over the contract terms and conditions will be necessary, which, in and of itself, could change the Offeror of choice.

6.2.3 A PDF copy of the proposal must be emailed to [email protected].


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6.3 Restriction on Communication with Staff

From the issue date of this RFP until a Offeror is selected and the selection is announced, Offerors are not allowed to communicate for any reason with any District employee except through the contract administrator named herein. The District reserves the right to reject the proposal of any Offeror violating this provision. If any Offeror finds discrepancies or omissions in this RFP, or is in doubt as to the meaning of a particular requirement, submit notifications and questions via e‐mail to [email protected] for interpretation, correction or clarification. Only written questions and written answers regarding this RFP shall be binding. All questions shall be submitted by 5pm Eastern Time on May 17, 2019. Answers to written questions will be posted via http://tinyurl.com/techrfp website by close of business day 5 p.m. on May 21, 2019.

6.4 Organization and Completeness of Proposal Vendor’s proposal must provide straightforward, concise proof of the capabilities to satisfy RFP requirements. For ease of review, responses must be organized in the exact same order as the RFP or as stipulated in the RFP. Each section should be clearly labeled with the corresponding RFP section name and number. Any additional documents provided by the vendor must also be clearly labeled with the corresponding RFP section name and number. All requested information must be included, and all forms completed in entirety. (All spaces must be completed on all requested documentation.) Any proposals that do not include all required information may be considered non‐responsive and disqualified.

6.5 Evaluation Committee

Evaluation of the proposals will be performed by a committee established for that purpose and will be based on the criteria set forth below. The contract resulting from this RFP (if it is determined that a contract will be awarded) will be awarded to the Offeror whose proposed offer is deemed most advantageous and best value to Henry County Schools. The Evaluation Committee will make the final determination concerning acceptability of proposals.

6.6 Evaluation Process

6.6.1 The evaluation committee will evaluate each proposal using the evaluation criteria set forth below. As part of this evaluation, the committee may hold discussions with all qualified Offerors. Discussions may be conducted via teleconference or may take the form of questions to be answered by the Offeror and conducted by mail, e‐mail, or facsimile transmission at the discretion of the district. During the evaluation process, the committee may request information from any source.

6.6.2 Offerors whose proposals meet the assurances identified in Section 1.3 are ultimately deemed

reasonably susceptible of being selected for award and who are determined “responsible” will be considered “Qualified.”


http://tinyurl.com/techrfp

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6.6.3 “Qualified” Offerors will be invited to make an oral presentation/demonstration to the Evaluation Committee on June 11, 2019 at the Henry County Board of Education, 33 N. Zack Hinton Parkway, McDonough, GA. The purpose of the oral presentation is to provide an opportunity for the “qualified” Offeror to clarify their proposal submission and substantiate proposal representation.

6.6.4 Following completion of the “qualified” Offeror presentations, the evaluation committee will rank each “qualified” Offeror’s proposal based on the assurances sought in Section 1.3 ‐Assurances as informed by feedback from the Review Committee, the Offeror’s proposal responses, and feedback from references.

6.6.5 The Evaluation Committee may reject in whole or in part any and all proposals, waive minor irregularities, and conduct discussions with any responsible Offerors in any manner deemed necessary to serve the best interest to HCS.

6.6.6 If it is determined to be in the best interest of HCS, the district may invite Offerors to make final revisions to their technical and/or financial proposals through submission of a Best and Final Offer.

6.6.7 The Evaluation Committee will recommend the Offeror whose overall proposal provides best value to HCS as determined by the evaluation process.

6.6.8 The Evaluation Committee will evaluate the quality and completeness of each response as it addresses each requirement of the RFP. All non‐cost related areas of the response are evaluated during this phase. A list of areas being reviewed for this specific RFP, along with the associated point values is included in the Evaluation Criteria below.

6.6.9 The committee may in its sole discretion and in the course of the evaluation request presentation(s)/demonstration(s) with one or more selected vendors. Responses must satisfactorily meet non‐cost requirements before cost is evaluated.

6.6.10 A determination of competitive range may be made during the evaluation process. Vendors not

in the range of being selected for award shall be eliminated from further discussion.

6.6.11 During the evaluation phase, discussions may be conducted with vendors who submit proposals determined to be reasonably likely to be selected for award. These discussions are for the purpose of negotiations, clarification, and to assure full understanding of and responsiveness to the solicitation requirements. Vendors will be accorded fair and equal treatment with respect to an opportunity for discussion and revision of proposals. The District may permit revisions, after submission and prior to award, for the purpose of obtaining best and final offers. In all events, HCS reserves the right to re‐solicit the item(s)/services(s) involved.

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6.7 Evaluation Criteria

The Evaluation Committee will evaluate the proposals using the criteria below. The committee shall determine which proposals have the basic requirements of the RFP and shall have the authority to determine whether any deviation from the requirements of the RFP is substantial in nature. The committee may reject in whole or in part any and all proposals and waive minor irregularities. Evaluation and rating of the responses will be based on:

1. Information provided by the vendor in their response. 2. Information provided by the vendor in response to Henry County Schools clarification questions. 3. Information provided during site visits, if applicable. 4. Information provided during vendor product demonstrations, if applicable. 5. Information about the vendors integration plans 6. Information from reference checks 7. The capabilities of the modules, functions, or services 8. Vendor interviews (as applicable) 9. Training demonstrations (as, if applicable) 10. Information from the technology overview provided by each vendor, if applicable

7.0 OFFEROR’S EVIDENCE OF RESPONSIBILITY

The District reserves the right to require any financial information from an Offeror, including but not limited to, financial statement and/or Dun and Bradstreet and like ratings from any Offeror who submits a proposal.

8.0 INCURRED EXPENSES Offerors are entirely responsible for the cost of responding and producing their responses, including any travel to Henry County Schools as part of the evaluation process. Henry County Schools will not reimburse any vendor for the cost of response preparation or product demonstration.

9.0 TEMPORARY ACCESS TO DIGITAL CONTENT SYSTEM

By responding to this RFP, the vendor agrees to provide Henry County Schools with temporary access (demonstration user accounts or training accounts, etc.) to the digital content system for evaluation purposes. Provide instructions for gaining such access for approximately 20 (or more) HCS users. NOTE: Respondents may provide this access prior to the May 28, 2019 RFP submission deadline by sending access information and any related instructions to [email protected].

10.0 SUBMISSION INFORMATION

Providers must submit their responses electronically to the following email address: [email protected]. All submitted documents should be in PDF document.



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11.0 PRELIMINARY EVALUATION TABLE

Description Points

Possible

1. Functional Requirements – Minimum Requirements (Section 2.3) 20% 2. Functional Requirements – Compliance Position (Section 2.4)

a. Technical, Integration, Operational, Maintenance, Support and Security (Section 2.4.1)

b. Integration (Section 2.4.2) c. User Experience (Section 2.4.3) d. Reporting Features (Section 2.4.4) e. General and Administrative (Section 2.3.5) f. Content, Course, and Intellectual Property Management (Section 2.4.6) g. Implementation, Staffing Models, and Training (Section 2.4.7)

30%

SUBTOTAL 50%

3. Assurances (Section 1.3) 15% 4. References, Team Composition and Capability (RFP Responses and other

interactions) 15%

5. Cost 20%

TOTAL 100%

12.0 APPENDICES

Appendix A – Offeror References Appendix B – Key Personnel Information Appendix C – Proposal Certification Appendix D – Offeror’s Exception (if applicable) Appendix E – Contractor Affidavit Appendix F – Sub‐Contractor Affidavit Appendix G – Non‐Collusion Affidavit Appendix H – Form W‐9 Appendix I – HCS Vendor Agreement

34



Appendix A – Offeror References

Briefly describe the three most similar contracts, preferably K‐12 educational agencies within the State of Georgia, or related engagements that the Offeror is currently engaged in or has completed within the past two years. At a minimum, provide the following for each reference:

Name of School District

Phone

Email

Address

District Project Manager Name and Title

Service Dates

Summary of Similar Project

District Background Information, including Operating Budget, Number of Employees, Number of Schools, Student Population, and number of employees

35



Appendix B – Key Personnel Information

Key personnel information should be provided in the format below. Replicate forms as needed.

Notes:

o Company refers to the company that directly employs the key contributor. If self‐employed, enter ―Self Employed.

o Tenure refers to length of service with Company in years and months.

o Relation refers to the contracting relationship with the District for this project. (If Company name is the Offeror’s, Relation should be ―Primary.)

Key Contributor Name Title

Company Tenure ___Years, ___Months

Degrees Relation Primary Subcontractor

Role(s) in HCS Project Relevant Experience

Key Contributor Name Title

Company Tenure ___Years, ___Months

Degrees Relation Primary Subcontractor

Role(s) in HCS Project Relevant Experience

36



Appendix C – Proposal Certification

We propose to furnish and deliver any and all of the goods and/or services named in our proposal at the prices stated. It is understood and agreed that this proposal constitutes an offer, which when accepted in writing by the Henry County School District, and subject to the terms and conditions of such acceptance, will constitute a valid and binding contract between the undersigned and the Henry County School District. It is understood and agreed that we have read the specifications shown or referenced in the RFP and that this proposal is made in accordance with the provisions of such specifications. Any exceptions are noted in writing and included with this proposal. By our original signature, entered below, we guarantee and certify that all items included in this proposal meet or exceed any and all such stated specifications. We further agree, if awarded a contract, to deliver goods and/or services that meet or exceed the specifications. It is understood and agreed that this proposal shall be valid and held open for a period of one hundred twenty (120) days from proposal opening date. PROPOSAL SIGNATURE AND CERTIFICATION (Offeror to sign and return with proposal) 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 materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the Offeror. Authorized Signature ___________________________________Date_______________________ Print/Type Name _________________________________________________________________ Company Name __________________________________________________________________ Address: _______________________________________________________________________ Phone Number: __________________________________________________________________ Email Address: __________________________________________________________________ Dun and Bradstreet (D & B) number __________________________________________________

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Appendix D – Offeror’s Exception (if applicable)

[If the OFFEROR chooses to object to any contractual term, it must submit here in writing the basis of the objection and, if appropriate, proposed alternative language. An objection, should one exist, is called an Offeror Exception. The DISTRICT will give due consideration to any objection. If the DISTRICT deems the objection unacceptable, the objection must be withdrawn or the bid or proposal may be considered non‐responsive and rejected.]

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Appendix E – Contractor Affidavit under O.C.G.A. § 13-10-91(b)(1)

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13‐10‐91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of Henry County Schools has registered with, is authorized to use and uses the federal work authorization program commonly known as E‐Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13‐10‐91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13‐10‐91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

_________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Contractor _________________________________ Name of Project _________________________________ Name of Public Employer

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on ______, ___, 201__ in _______________(city), ______(state). _________________________________ Signature of Authorized Officer or Agent

_______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF _____________, 201__.

_________________________________ NOTARY PUBLIC

My Commission Expires:

_________________________________

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Appendix F – Sub-Contractor Affidavit under O.C.G.A. § 13-10-91(b)(3)

By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13‐10‐91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with ______________________________________ (name of contractor) on behalf of Henry County Schools has registered with, is authorized to use and uses the federal work authorization program commonly known as E‐Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13‐10‐91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub‐subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13‐10‐91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub‐subcontractor to the contractor within five business days of receipt. If the undersigned subcontractor receives notice of receipt of an affidavit from any sub‐subcontractor that has contracted with a sub‐subcontractor to forward, within five business days of receipt, a copy of such notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

_________________________________ Federal Work Authorization User Identification Number

_________________________________ Date of Authorization

_________________________________ Name of Subcontractor _________________________________ Name of Project

_________________________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _______________ (city), ______ (state).

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Appendix G – Non-Collusion Affidavit

The following affidavit is to accompany the RFP:

STATE OF

COUNTY OF Owner, Partner or Officer of Firm Company Name, Address, City and State

Being of lawful age, being first duly sworn, on oath says that he/she is the agent authorized by the proposer to submit the attached bid. Affidavit further states as Offeror, that they have not been a party to any collusion among Offerors in restraint of competition by agreement to propose at a fixed price or to refrain from proposing; or with any office of the Henry County School System, or any of their employees as to quantity, quality or price in the prospective contract; or any discussion between proposers and any official of the Henry County School System, or any of their employees concerning exchange of money or other things of value for special consideration in submitting a sealed RFP for:

FIRM NAME SIGNATURE TITLE

Subscribed and sworn to before me this day of 20 .

NOTARY PUBLIC

41



Appendix H – Form W-9

Form W-9(Rev. October 2018)Department of the Treasury Internal Revenue Service

Request for Taxpayer Identification Number and Certification

▶ Go to www.irs.gov/FormW9 for instructions and the latest information.

Give Form to the requester. Do not send to the IRS.

Pri

nt o

r ty

pe.

S

ee S

pec

ific

Inst

ruct

ions

on

pag

e 3.

1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.

2 Business name/disregarded entity name, if different from above

3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes.

Individual/sole proprietor or single-member LLC

C Corporation S Corporation Partnership Trust/estate

Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ▶

Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner.

Other (see instructions) ▶

4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3):

Exempt payee code (if any)

Exemption from FATCA reporting

code (if any)

(Applies to accounts maintained outside the U.S.)

5 Address (number, street, and apt. or suite no.) See instructions.

6 City, state, and ZIP code

Requester’s name and address (optional)

7 List account number(s) here (optional)

Part I Taxpayer Identification Number (TIN)Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.

Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.

Social security number

– –

orEmployer identification number

–

Part II CertificationUnder penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue

Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and

4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.

Sign Here

Signature of U.S. person ▶ Date ▶

General InstructionsSection references are to the Internal Revenue Code unless otherwise noted.

Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.

Purpose of FormAn individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following.

• Form 1099-INT (interest earned or paid)

• Form 1099-DIV (dividends, including those from stocks or mutual funds)

• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)

• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)

• Form 1099-S (proceeds from real estate transactions)

• Form 1099-K (merchant card and third party network transactions)

• Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition)

• Form 1099-C (canceled debt)

• Form 1099-A (acquisition or abandonment of secured property)

Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.

If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.

Cat. No. 10231X Form W-9 (Rev. 10-2018)

Form W-9 (Rev. 10-2018) Page 2

By signing the filled-out form, you:

1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued),

2. Certify that you are not subject to backup withholding, or

3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and

4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting, later, for further information.

Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9.

Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are:

• An individual who is a U.S. citizen or U.S. resident alien;

• A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States;

• An estate (other than a foreign estate); or

• A domestic trust (as defined in Regulations section 301.7701-7).

Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners’ share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income.

In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States.

• In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity;

• In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and

• In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust.

Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities).

Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a “saving clause.” Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes.

If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items.

1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien.

2. The treaty article addressing the income.3. The article number (or location) in the tax treaty that contains the

saving clause and its exceptions.4. The type and amount of income that qualifies for the exemption

from tax.5. Sufficient facts to justify the exemption from tax under the terms of

the treaty article.

Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption.

If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233.

Backup WithholdingWhat is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called “backup withholding.” Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding.

You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return.

Payments you receive will be subject to backup withholding if:

1. You do not furnish your TIN to the requester,

2. You do not certify your TIN when required (see the instructions for Part II for details),

3. The IRS tells the requester that you furnished an incorrect TIN,

4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or

5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only).

Certain payees and payments are exempt from backup withholding. See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information.

Also see Special rules for partnerships, earlier.

What is FATCA Reporting?The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information.

Updating Your InformationYou must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies.

PenaltiesFailure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect.

Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty.


Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment.

Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties.

Specific InstructionsLine 1You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return.

If this Form W-9 is for a joint account (other than an account maintained by a foreign financial institution (FFI)), list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. If you are providing Form W-9 to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9.

a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name.

Note: ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application.

b. Sole proprietor or single-member LLC. Enter your individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or “doing business as” (DBA) name on line 2.

c. Partnership, LLC that is not a single-member LLC, C corporation, or S corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2.

d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2.

e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a “disregarded entity.” See Regulations section 301.7701-2(c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, “Business name/disregarded entity name.” If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN.

Line 2If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2.

Line 3Check the appropriate box on line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box on line 3.

IF the entity/person on line 1 is a(n) . . .

THEN check the box for . . .

• Corporation Corporation

• Individual • Sole proprietorship, or • Single-member limited liability company (LLC) owned by an individual and disregarded for U.S. federal tax purposes.

Individual/sole proprietor or single-member LLC

• LLC treated as a partnership for U.S. federal tax purposes, • LLC that has filed Form 8832 or 2553 to be taxed as a corporation, or • LLC that is disregarded as an entity separate from its owner but the owner is another LLC that is not disregarded for U.S. federal tax purposes.

Limited liability company and enter the appropriate tax classification. (P= Partnership; C= C corporation; or S= S corporation)

• Partnership Partnership

• Trust/estate Trust/estate

Line 4, ExemptionsIf you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 any code(s) that may apply to you.

Exempt payee code.

• Generally, individuals (including sole proprietors) are not exempt from backup withholding.

• Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends.

• Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions.

• Corporations are not exempt from backup withholding with respect to attorneys’ fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC.

The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4.

1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2)

2—The United States or any of its agencies or instrumentalities

3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities

4—A foreign government or any of its political subdivisions, agencies, or instrumentalities

5—A corporation

6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession

7—A futures commission merchant registered with the Commodity Futures Trading Commission

8—A real estate investment trust

9—An entity registered at all times during the tax year under the Investment Company Act of 1940

10—A common trust fund operated by a bank under section 584(a)

11—A financial institution

12—A middleman known in the investment community as a nominee or custodian

13—A trust exempt from tax under section 664 or described in section 4947


The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13.

IF the payment is for . . . THEN the payment is exempt for . . .

Interest and dividend payments All exempt payees except for 7

Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012.

Barter exchange transactions and patronage dividends

Exempt payees 1 through 4

Payments over $600 required to be reported and direct sales over $5,0001

Generally, exempt payees 1 through 52

Payments made in settlement of payment card or third party network transactions

Exempt payees 1 through 4

1 See Form 1099-MISC, Miscellaneous Income, and its instructions.2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup

withholding: medical and health care payments, attorneys’ fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency.

Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with “Not Applicable” (or any similar indication) written or printed on the line for a FATCA exemption code.

A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37)

B—The United States or any of its agencies or instrumentalities

C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities

D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i)

E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i)

F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state

G—A real estate investment trust

H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940

I—A common trust fund as defined in section 584(a)

J—A bank as defined in section 581

K—A broker

L—A trust exempt from tax under section 664 or described in section 4947(a)(1)

M—A tax exempt trust under a section 403(b) plan or section 457(g) plan

Note: You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed.

Line 5Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your information returns. If this address differs from the one the requester already has on file, write NEW at the top. If a new address is provided, there is still a chance the old address will be used until the payor changes your address in their records.

Line 6Enter your city, state, and ZIP code.

Part I. Taxpayer Identification Number (TIN)Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below.

If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN.

If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner’s SSN (or EIN, if the owner has one). Do not enter the disregarded entity’s EIN. If the LLC is classified as a corporation or partnership, enter the entity’s EIN.

Note: See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations.

How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.SSA.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/Businesses and clicking on Employer Identification Number (EIN) under Starting a Business. Go to www.irs.gov/Forms to view, download, or print Form W-7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to place an order and have Form W-7 and/or SS-4 mailed to you within 10 business days.

If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write “Applied For” in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester.

Note: Entering “Applied For” means that you have already applied for a TIN or that you intend to apply for one soon.

Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8.

Part II. CertificationTo establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if item 1, 4, or 5 below indicates otherwise.

For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code, earlier.

Signature requirements. Complete the certification as indicated in items 1 through 5 below.


1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification.

2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form.

3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification.

4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. “Other payments” include payments made in the course of the requester’s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations).

5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), ABLE accounts (under section 529A), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification.

What Name and Number To Give the RequesterFor this type of account: Give name and SSN of:

1. Individual The individual

2. Two or more individuals (joint account) other than an account maintained by an FFI

The actual owner of the account or, if combined funds, the first individual on

the account1

3. Two or more U.S. persons (joint account maintained by an FFI)

Each holder of the account

4. Custodial account of a minor (Uniform Gift to Minors Act)

The minor2

5. a. The usual revocable savings trust (grantor is also trustee) b. So-called trust account that is not a legal or valid trust under state law

The grantor-trustee1

The actual owner1

6. Sole proprietorship or disregarded entity owned by an individual

The owner3

7. Grantor trust filing under Optional Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(i)(A))

The grantor*

For this type of account: Give name and EIN of:8. Disregarded entity not owned by an

individualThe owner

9. A valid trust, estate, or pension trust Legal entity4

10. Corporation or LLC electing corporate status on Form 8832 or Form 2553

The corporation

11. Association, club, religious, charitable, educational, or other tax-exempt organization

The organization

12. Partnership or multi-member LLC The partnership

13. A broker or registered nominee The broker or nominee

For this type of account: Give name and EIN of:14. Account with the Department of

Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments

The public entity

15. Grantor trust filing under the Form 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulations section 1.671-4(b)(2)(i)(B))

The trust

1 List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person’s number must be furnished.2 Circle the minor’s name and furnish the minor’s SSN.3 You must show your individual name and you may also enter your business or DBA name on the “Business name/disregarded entity” name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN.4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships, earlier.

*Note: The grantor also must provide a Form W-9 to trustee of trust.

Note: If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed.

Secure Your Tax Records From Identity TheftIdentity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund.

To reduce your risk:

• Protect your SSN,

• Ensure your employer is protecting your SSN, and

• Be careful when choosing a tax preparer.

If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter.

If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039.

For more information, see Pub. 5027, Identity Theft Information for Taxpayers.

Victims of identity theft who are experiencing economic harm or a systemic problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059.

Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft.


The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts.

If you receive an unsolicited email claiming to be from the IRS, forward this message to [email protected]. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at [email protected] or report them at www.ftc.gov/complaint. You can contact the FTC at www.ftc.gov/idtheft or 877-IDTHEFT (877-438-4338). If you have been the victim of identity theft, see www.IdentityTheft.gov and Pub. 5027.

Visit www.irs.gov/IdentityTheft to learn more about identity theft and how to reduce your risk.

Privacy Act NoticeSection 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information.

48



Appendix I – HCS Vendor Agreement

{Doc: 01722622.DOCX} Revised 10.1.18

STATE OF GEORGIA

HENRY COUNTY

This Vendor Agreement ("Agreement") is between the Henry County School District, a political

subdivision of the State of Georgia, by and through the Henry County Board of Education,

(collectively "HCBOE") and the Company listed below ("Company"). This Agreement is effective

as of the date of signing by HCBOE ("Effective Date").

Company legal name: ___________________

Company address: ___________________

Principal contact: ___________________

Phone number: ___________________

Email address: ___________________

The parties agree as follows:

1.1. Purpose. Company offered to provide the products, services and pricing to HCBOE shown

on Exhibit “A” attached hereto.

1.2. Agreement Documents. The following documents are incorporated into this Agreement by

reference:

(a) The "Terms and Conditions" attached hereto as Exhibit "B";

(b) The "Data Sharing Agreement" attached hereto as Exhibit "C";

(c) Any Company privacy policy, terms and conditions, terms of use, end user license

agreement, or other documents related to the products, services, pricing, Company

intends to provide to HCBOE (collectively the "Company Documents") and attached

hereto as Exhibit "D";

(d) The “E-Verify Documents” attached hereto as Exhibit “E”; and

(e) The “Contractor’s Affidavit and Agreement” attached hereto as Exhibit “F”.

1.3. Inconsistency. Any inconsistency or conflict among the specific provisions of this

Agreement, the Terms and Conditions (Exhibit “B”), the Data Sharing Agreement (Exhibit

“C”), and the Company Documents (Exhibit “D”) shall be resolved as follows: first, by giving

preference to the specific provisions of this Agreement; second, by giving preference to the

specific provisions of the Terms and Conditions (Exhibit “B”); third, by giving preference to

the specific provisions of the Data Sharing Agreement (Exhibit “C”); and, fourth, by giving

preference to the specific provisions of the Company Documents (Exhibit “D”).

______________________________________________________________________________1 Agreement

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1.4. Scope. This Agreement applies to any use of Company's products or services by HCBOE

or its employees, agents, teachers, or students. The terms of this Agreement shall govern

over any conflicting terms and conditions, purporting to apply to the HCBOE’s use of

Company's products or services, not signed in writing by an individual authorized to enter

into contracts on behalf of HCBOE.

ACCEPTED AND AGREED:

Henry County School District by the Company: _________________________

Henry County Board of Education

___________________________________ ___________________________________

(signature) (signature)

Name: ______________________________ Name: _____________________________

Title: _______________________________ Title: ______________________________

Date: _______________________________ Date_______________________________

______________________________________________________________________________2 Agreement

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Exhibit B

Terms and Conditions

Section 1. Scope of Agreement

1.1 Relationship of the parties. This Agreement does not create a partnership, joint venture,

franchise, agency, or other such relationship. Neither party has the right, power, or authority to obligate or

bind the other party in any manner whatsoever, without the other party's prior written consent.

1.2 No Competitive Advantage. This Agreement is not exclusive and imposes no obligation on

HCBOE to acquire or use any Company products or services. Company understands and agrees that

nothing in this Agreement will result in favoritism for Company in any bidding arrangements.

1.3 Pricing. The price charged to HCBOE is set forth in Exhibit “A”.

1.4 Term. As required by O.C.G.A. § 20-2-506, this Agreement shall terminate absolutely and without

further obligation on the part of HCBOE at the close of the calendar year in which it was executed and at

the close of each succeeding calendar year for which it may be renewed, but shall be automatically renewed

through the then existing term unless HCBOE terminates the agreement by providing Company with thirty

(30) days advance notice of termination prior to the end of the calendar year.

Section 2. General Restrictions

2.1 Neutral. All services provided by Company under this Agreement will be secular, neutral,

and non-ideological in content.

2.2 No Research. Company is not authorized under this Agreement to conduct a research study of

HCBOE or any of its programs. If Company wishes to conduct a research study, it must

comply with the requirements of Board Policy ICC (Educational Research) and HCBOE

Procedure ICC (Educational Research).

2.3 No Advertising. Company shall not distribute advertising materials, whether printed or

electronic, in HCBOE schools or to HCBOE students. If Company wishes to advertise in HCBOE

schools, Company must obtain specific approval of the Superintendent of Henry County Schools.

2.4 No Publicity. Company shall not advertise, publicly announce, or provide to any other

person information relating to the existence or details of this Agreement or use HCBOE's name in any

format for any promotion, publicity, marketing or advertising purpose without the prior written consent of

HCBOE.

2.5 Not to Exceed. If the total cost of products and services to be provided under this Agreement will

exceed $2,499.99, Company MUST SIGN AND RETURN THE E-VERIFY AFFIDAVITS

ATTACHED AS EXHIBIT "F". All parties will comply with HCBOE purchasing

requirements.

_____________________________________________________________________________3 Exhibit B, Terms and Conditions

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2.6 No Unilateral Modifications. Company may not unilaterally modify the Company Documents.

To the extent any of the Company Documents permit unilateral modifications, such provisions are null

and void.

2.7 No New or Conflicting Terms. To the extent parents, students, or teachers must create an account

prior to using the services provided by Company, such activation process should not be a means to force

parents, students, or teachers to consent to weaker privacy protections in circumvention of the privacy

protections included in this Agreement. Company shall ensure that any activation process required of

parents, students, or teachers is consistent with the terms of this Agreement and will not override the terms

of this Agreement.

2.8 No interest Fees or Collection Costs. Company shall not impose any cancellation fees,

late fees or interest fees for payments not made by HCBOE on time. HCBOE will not pay

any costs of collections incurred by Company.

2.9 Adherence. Company is responsible for ensuring that its contractors and subcontractors that provide

services on Company's behalf under this Agreement comply with the terms of this Agreement.

Section 3. Termination

3.1 Either party may terminate this Agreement without cause upon thirty (30) days prior

written notice to the other party. Upon early termination, the Company shall refund to

HCBOE a pro-rata portion of the payments previously made by HCBOE to the Company.

Pro-rata refund shall be determined by dividing the number of months in the term of the

contract into the total numerical amount of the contract. The Company shall refund the

monthly amount determined above times the remaining months under the term of the

contract which will equal the amount of refund. Said refund shall be paid on the 30 th day

after receipt of notice of termination.

Section 4. Miscellaneous

4.1 Governing Law and Venue. This Agreement shall be governed in all respects by the

laws of the State of Georgia, without regard to its conflict of laws. The exclusive venue for

any action arising out of or related to this Agreement shall be in the federal, superior, or

state courts of Henry County, Georgia. HCBOE does not agree to any alternative dispute

resolution process, to the extent any Company documents provide for an alternative dispute

resolution process, including, but not limited to, arbitration and mediation, such provisions

are null and void.

4.2 Hold Harmless. Company agrees to indemnify, hold harmless, and defend HCBOE, its

current, future, or past officers, agents, and employees from any and against all claims,

liabilities, damages, losses, judgments, charges, expenses (including attorney fees) and/or

causes of action arising of whatever kind or nature arising out of any conduct or

misconduct of Company (and its representatives, agents, contractors and subcontractors)

and for which HCBOE, its agents, servants, or employees are alleged to be liable.

_____________________________________________________________________________4

Exhibit B, Terms and Conditions

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4.3 No Prohibitive Agreements. Nothing contained in this Agreement is intended to be a

waiver in any respect whatsoever of the HCBOE's right to assert under any circumstances

whatsoever its claims of sovereign, governmental, or official immunity from any liability or

damages asserted against it by any natural person or entities created by law. To the extent any

of the Company Documents purport to require HCBOE to indemnify or hold harmless

Company, such provisions are null and void. To the extent any of the Company Documents

contains a representation or warranty made by HCBOE, such provisions are null and void.

4.4 No Limitation of Remedies. The parties agree that no remedy conferred by any of the specific

provisions of this Agreement is intended to be exclusive of any other remedy, and each and every

remedy shall be cumulative and shall be in addition to every other remedy conferred by this

Agreement or existing at law or in equity or by statute or otherwise.

4.5 Open Records Act. Company acknowledges and agrees that HCBOE is obligated to timely

comply with requests for information pursuant to state and federal laws and regulation, including

the Georgia Open Records Act ('"GORA"). O.C.G.A. § 50-18-70 et seq. The HCBOE will comply

with GORA at its discretion, and is not required to notify Company prior to compliance. Company

also agrees to comply with GORA and to make records subject to GORA, as determined by the

HCBOE, available for inspection as required by law, unless otherwise exempt under other

provisions of the GORA.

4.6 Notices. Unless otherwise provided in this Agreement, all notices shall be in writing and

shall be personally delivered, sent by regular mail, overnight delivery service or sent by

certified mail, return receipt requested, postage prepaid. Notices will be deemed given (a) on

the date delivered if delivered personally, (b) on the first business day following the date of

dispatch if delivered by overnight delivery service, or (c) on the earlier of confirmed receipt or

the fifth business day following the date of mailing if sent by certified mail. Notices to company

must be sent to the address listed above or such other address that Company specifics in a notice

delivered pursuant to this Subsection 4.6, Notice to HCBOE must be sent to each address set

forth below or such other addresses that HCBOE specifics in a notice delivered pursuant to this

Subsection 4.6.

4.6.1 Superintendent, Henry County Schools, 33 Zack Hinton Parkway, McDonough, Georgia

30253.

4.6.2 William White, Smith, Welch, Webb & White, LLC, 2200 Keys Ferry Court, P.O. Box 10,

McDonough, Georgia, 30253.

4.6.3 Director of Instructional Technology, Information Services, Henry County Schools, 396

Tomlinson Street, McDonough, Georgia, 30253.

__________________________________________________________________________________5 Exhibit B, Terms and Conditions

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4.7 Severability and Waiver. All rights and remedies conferred under this Agreement or by any other

instrument or law shall be cumulative, and may be exercised singularly or concurrently. Failure

by HCBOE to enforce any provision of this Agreement shall not be deemed a waiver of future

enforcement of that or any provision. In the event that any portion of this Agreement shall be held

to be unenforceable, the remaining portions of this Agreement shall remain in force an effect.

4.8 Insurance. Upon request by HCBOE, Company will provide proof of insurance to HCBOE in such

amounts and on such terms as reasonably required by HCBOE naming HCBOE as an insured under said

Policy of Insurance.

4.9 Integration. This Agreement represents the entire and integrated agreement between HCBOE and

Company and supersedes all prior negotiations, representations or agreements, either written or oral.

HCBOE and Company hereby waive and mutually release each other from any and all prior

representations, negotiations or agreements not embodied in this Agreement. This Agreement may be

amended only by written instrument signed by an authorized representative of HCBOE.

_________________________________________________________________________________________________6 Exhibit B, Terms and Conditions

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Exhibit C Data Sharing Agreement

Section 1. Definitions

1.1 "Transferred Data" means any data, information, records, and files that HCBOE (or any HCBOE employee, agent, teacher, or student) provides Company, including education records and personally identifiable student information.

1.2 "Derivative Data" means all modifications, compilations, derivative works and results from processing including analyses, usage statistics and patterns, datasets, databases, reports, recommendations, and visual presentations) created or developed from Transferred Data or on the basis of the use of Company's products or services by HCBOE or its employees, agents, or students.

1.3 "HCBOE Data" means Transferred Data and Derivative Data.

Section 2. Types of Data

2.1 Definitions:

2.1.1 "Common Data Elements" includes student ID, student name, grade level, school ID, school name, teacher name, teacher ID, course ID, section ID, and course name.

2.1.2 "Restricted Data Elements" includes student gender, student race/ethnicity, student birth date, special education status, economic status, student address, student email address, and parent contact information.

2.1.3 "Prohibited Data Elements" includes student social security numbers and student photos.

2.2 HCBOE intends to provide Company only with data elements necessary for the functionality of Company's products and services. HCBOE will provide Restricted Data Elements to Company if, in HCBOE's sole discretion, there is a compelling reason to provide Restricted Data Elements. HCBOE will not share Prohibited Data Elements.

2.3 If Company inadvertently receives or obtains Prohibited Data Elements or Restricted Data Elements that HCBOE did not authorize Company to receive, Company shall notify HCBOE and immediately delete all copies of the Prohibited Data Elements, unauthorized Restricted Data Elements, or both.

Section 3. Compliance with Applicable Privacy Laws

3.1 Company shall comply and shall assist HCBOE in compliance, in all material respects, with federal and state laws and regulations regarding privacy of information and confidentiality of student records, including, without limitation, the Family Educational Rights and Privacy Act (FERPA), 20 U.S.0 § 1232g, the Protection of Pupil Rights Amendment (PPRA), 20 U.S.C. § 12321h, and the Georgia Student Data Privacy, Accessibility, and Transparency Act (O.C.G.A. §§ 20-2-660 et seq.) (SDA).

Section 4. Transmission of Data

4.1 Company may send and receive HCBOE Data by a secure file transfer protocol (SFTP) connection or a secure internet site transfer using an HTTPS web address. HCBOE will not provide data to Company through spreadsheets sent by email.

Section 5. Use of Data

5.1 Company may collect HCBOE Data only for the use and benefit of HCBOE and its students. Company may use HCBOE Data only to provide services to HCBOE. Company shall not sell HCBOE Data or use HCBOE Data for any commercial or marketing purposes.

______________________________________________________________________________7

Exhibit C, Data Sharing Agreement

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5.2 Company shall comply with the SDA to the extent Company is an "operator" as defined by the SDA. Specifically, Company shall not: (I) use student data to engage in behaviorally targeted advertising based on any student data and state-assigned student identifiers or other persistent unique identifiers that Company has acquired because of a student's use of Company's website, service, or application; (2) use information created or gathered by Company's website, service, or application to amass a profile about a student except in furtherance of K-I2 school purposes; (3) sell a student's data except as authorized by O.C.G.A. § 20-2-666; or, (4) disclose student’s personally identifiable data without explicit written or electronic consent from the student over the age of 13 or a student's parent or guardian, given in response to clear and conspicuous notice of the activity, unless disclosure is made for a purpose authorized under O.C.G.A. § 20-2-666.

5.3 To the extent Company must analyze HCBOE Data to provide services to HCBOE, all results of such data analysis will be reported in aggregate and no individual student will ever be identified or identifiable in formal reporting or publications.

5.4 To the extent Company has a legitimate educational interest in student educational records and information and must access such records and information in order to provide services to HCBOE and its employees, agents, teachers, and students, HCBOE designates Company a "school official" within the meaning of FERPA. Company will be under the direct control of HCBOE with respect to the use and maintenance of personally identifiable information and education records, as those terms are defined by FERPA, and Company may use personally identifiable information and education records only for the purpose of performing its obligations under the Agreement.

5.5 Within thirty days of a request by HCBOE, Company shall provide HCBOE an analysis of HCBOE's use of Company's products and services. Such analysis shall include, at a minimum, the number of unique users, number of users per months, and modules used.

Section 6. Ownership of Data

6.1 HCBOE retains all ownership rights in HCBOE Data. Notwithstanding any other term of this Data Sharing Agreement, Company will not disclose HCBOE Data to any third party except as permitted by HCBOE and 34 C.F.R. § 99.33(a).

6.2 Upon request by HCBOE, Company shall give HCBOE access to HCBOE Data maintained by Company within ten business days of such request and at no charge to HCBOE.

6.3 Unless otherwise agreed to by HCBOE in writing, within ten business days of termination of the Agreement, for any reason, Company shall return all HCBOE Data to HCBOE.

6.4 With respect to information protected by FERPA, Company may not continue to maintain education records or personally identifiable student information after termination of the Agreement or after it ceases to provide services to HCBOE. Unless otherwise directed by HCBOE, Company shall destroy all education records and personally identifiable student information within 45 days of termination of the Agreement as required by the SDA. Company shall destroy this information in accordance with acceptable industry standards for secure and comprehensive destruction of sensitive data. No later than 50 days after termination of the Agreement, Company shall provide HCBOE written confirmation that all education records and personally identifiable student information has been securely destroyed.

______________________________________________________________________________8


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Section 7. Audit Right

7.1 HCBOE may audit the records and systems of Company to ensure compliance with the terms of this Data Sharing Agreement. HCBOE will notify Company in writing at least ten business days prior to any such audit. Any such audit will be conducted during Company's regular business hours at Company's location and will not interfere unreasonably with Company's business activities. If an audit reveals that Company is using HCBOE Data beyond the scope of the Agreement, then, in addition to any other remedies available to HCBOE, Company shall reimburse HCBOE for the cost of such audit.

Section 8. Data Security

8.1 Privacy, Confidentiality, and Security. Company understands and agrees that it is imperative to protect

HCBOE Data in order to protect public resources and to prevent identity theft or other malicious and

damaging acts. Company shall comply with all applicable federal, state, and local laws, rules, and

regulations, as the same may be amended or supplemented from time to time, including, but not limited to,

the SDA and other laws pertaining in any way to the privacy, confidentiality, security, management, and

disclosure of HCBOE Data and information. Company shall also adhere to all applicable industry standards

concerning privacy, data protection, confidentiality and information security as well as all HCBOE policies,

procedures, and operating guidelines regarding privacy, confidentiality, and security. In accordance with

the SDA, Company shall implement and maintain reasonable security procedures and practices appropriate

to the nature of the student data to protect that information from unauthorized access, destruction, use,

modification, or disclosure.

8.2 Education Records. Company represents and warrants that it will adhere to applicable privacy standards as required with respect to education records and personally identifiable information as required by FERPA and its implementing regulations, as well as the requirements under the SDA, the PPRA and its implementing regulations. Company will also comply with the Children's Online Privacy Protection Act (COPPA) and its implementing regulations.

8.3 Protection of Data. Company shall take all commercially reasonably measures necessary to keep the HCBOE Data confidential, including, without limitation, all measures it takes to protect its confidential information of a similar nature. Without limiting the effect of the preceding sentence, Company will take commercially reasonable actions, legal or otherwise, necessary to cause its representatives to comply with the provisions of this Agreement and to prevent any disclosure of HCBOE Data by any of them.

8.4 Foreign Transmission and Storage. Company shall not transmit, transport, or store HCBOE Data outside the United States except on prior written authorization by HCBOE.

Section 9. Breach of Data Sharing Agreement

9.1 Notice of Data Breach. Company shall give prompt written notice to HCBOE of any suspected or actual security breach that may or does impact HCBOE Data or of any unauthorized use or disclosure of HCBOE Data, Company shall assist HCBOE in remedying each unauthorized use or disclosure at Company's expense. Giving assistance does not waive any breach of this Data Sharing Agreement by Company, nor does acceptance of the assistance constitute a waiver of any breach of this Data Sharing Agreement.

______________________________________________________________________________9


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9.2 Breach of Data Sharing Agreement. Company acknowledges and agrees that any breach of HCBOE Data by Company, or any of its respective agents, representatives, administrators, employees, officers, directors, attorneys, successors and assigns causes HCBOE irreparable. Therefore, in the event of any breach or threatened breach of this Data Sharing Agreement by Company or any of its representatives, HCBOE is entitled to equitable relief, including injunctive relief and specific performance, without proof of actual damages and without the posting of a bond.

______________________________________________________________________________10


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Exhibit D

Company Documents

The following documents listed below are attached to this agreement as Company Documents:

1. _______________________________________________________________________________

2. _______________________________________________________________________________

3. _______________________________________________________________________________

4. _______________________________________________________________________________

5. _______________________________________________________________________________

______________________________________________________________________________11

Exhibit D, Company Documents

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Exhibit E E-Verify Documents

IMMIGRATION AND SECURITY FORM

1) Covered public entities shall comply with the Georgia Security and Immigration Compliance Act, as amended, O.C.G.A. § 13-10-90 et. seq.

2) In order to insure compliance with the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act, as amended by the Illegal Immigration Reform Act of 2011, O.C.G.A. § 13-10-90 et, seq. (collectively the "Act"), the Contractor MUST INITIAL the statement applicable to Contractor below:

(a) ______________ (Initial here): Contractor warrants that, Contractor has registered at https://e-verify.uscis.gov/enroll/ to verify information of all new employees in order to comply with the Act; is authorized to use and uses the federal authorization program; will continue to use the authorization program throughout the contract period; Contractor further warrants and agrees Contractor shall execute and return any and all affidavits required by the Act and the rules and regulations issued by the Georgia Department of Labor as set forth at Rule 300-10-1-.01 et. seq. [Contractors who initial (a) must attach and return a signed, notarized Contractor Affidavit and Agreement;

or

(b) ______________ (Initial here): Contractor warrants that he/she does not employ any other persons, and he/she does not intend to hire any employees or to perform the Contract. [Contractors who initial (b) must attach and return a signed, notarized Affidavit of Exception];

or

(c) _______________ (Initial here) Contractor is an individual

who is licensed pursuant to Title 26 or Title 43 or by the State Bar

of Georgia and is in good standing when such contract is for services

to be rendered by such individual and thus does not have to provide

an affidavit.

3)_ __________ (Initial here) Contractor will not employ or contract with any subcontractor in connection

with a covered contract unless the subcontractor is registered, authorized to use, and uses the federal work

authorization program; and provides Contractor with all affidavits required by the Act and the rules and

regulations issued by the Georgia Department of Labor as set forth at Rule 300-10-1-.01 et. seq.

__________________________________________________________________________________12

Software Products and Services Agreement—Exhibit E, E-Verify Documents

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IMMIGRATION AND SECURITY FORM (Page 2)

4) ____________ (Initial here) Contractor agrees that, if Contractor employs or contracts with any sub-contractor in connection with the covered contract under the Act and DOL Rules 300-10-1-.01, et, seq. that Contractor will secure from each sub-contractor at the time of the contract the sub-contractor's name and address, the employee-number applicable to the sub-contractor, the date the authorization to use the federal work authorization program was granted to sub-contractor; the subcontractor's attestation of the subcontractor's compliance with the Act and Georgia Department of Labor Rule 300-10-1.01, et seq.; and the subcontractor's agreement not to contract with sub-subcontractors unless the sub-subcontractor is registered, authorized to use, and uses the federal work authorization program; and provides subcontractor with all affidavits required by the Act and the rules and regulations issued by the Georgia Department of Labor as set forth at Rule 300-10-1-.01 et. seq.

5) ___________ (Initial here) Contractor agrees to provide all affidavits of

compliance as required by O.C.G.A. § 13-10-90 et seq. and Georgia Department

of Labor Rules 300-10-1-.01, et. seq. within five (5) business days of receipt.

____________________________ _____________________________

Signature Date

Firm Name: __________________________________________________

Street/Mailing Address: _________________________________________

City, State, Zip Code: ___________________________________________

Telephone Number: ____________________________________________

Email Address: ________________________________________________

SUBSCRIBED AND SWORN

BEFORE ME ON THIS THE

_________ DAY 0F ________________, 20 ______

___________________________________________

Notary Public

My Commission Expires: ______________________

_________________________________________________________________13 Exhibit E, E-Verify Documents

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EXHIBIT F

CONTRACTOR AFFIDAVIT AND AGREEMENT

By executing this affidavit, the undersigned Contractor verifies its compliance with O.C.G.A. §

13-10-91, and attests under oath that:

(I) the individual, firm, or corporation ("Contractor") has registered with, is authorized to use, uses, and will continue throughout the contract term to use and participate in, a federal work authorization program [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10-91, as amended. As of the effective date of O.C.G.A. § 13-10-91, the applicable federal work authorization program is the "EEV/Basic Pilot Program" operated by the U. S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA).

(2) Contractor's correct user identification number and date of authorization is set forth herein below,

(3) Contractor agrees that the Contractor will not employ or contract with any subcontractor(s) in connection with the physical performance of services on behalf of the Henry County School District, unless at the time of the contract said subcontractor:

(a) is registered with and participates in the federal work authorization program;

(b) provides Contractor with a duly executed, notarized affidavit with the same affirmations, agreements, and information as contained herein and in such form as required under applicable law; and

(c) agrees to provide Contractor with notice of receipt and a copy of every sub-subcontractor Affidavit or other applicable verification procured by subcontractor at the time of contract with the sub-subcontractor(s) within five (5) business days after receiving the said Affidavit or verification.

Contractor agrees to maintain records of such compliance and to provide notice of receipt and a copy of each such subcontractor Affidavit or other permissible verification at the time the subcontractor(s) is retained to perform such service or within five (5) days after receiving the said Affidavit or verification, whichever first occurs.

__________________________________________________________________14 Exhibit F, Contractor Affidavit

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CONTRACTOR AFFIDAVIT AND AGREEMENT (Page 2)

(4) Contractor further agrees to and shall provide copies of all other affidavits or other applicable verification received by Contractor (i.e.: sub-subcontractor affidavits and all other lower tiered affidavits) within five (5) days of receipt.

EEV/Basic Pilot Program User Identification Number Date of Authorization

If an applicable Federal work authorization program as described above is used, other than the EEV/Basic Pilot Program, please identify the program.

___________________________________________ ________________________

Company Name/Contractor Name Date

____________________________________________ ________________________

BY; Signature of Authorized Officer of Agent Date

_____________________________________________

Title of Authorized Officer or Agent of Contractor

_____________________________________________

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN

BEFORE ME ON THIS THE

________ DAY OF _____________________, 20 ____

_____________________________________________

Notary Public

My Commission Expires: _______________________

__________________________________________________________________15 Exhibit F, Contractor Affidavit

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