VR Platform for Math Content Modules Gr 9-12

RFP P019-24 Virtual Reality Platform for Math Content Modules – Grades 9-12 Page 1 of 33 BOARD OF EDUCATION OF DOUGLAS COUNTY SCHOOL DISTRICT 0001 (OMAHA PUBLIC SCHOOLS) REQUEST FOR PROPOSALS (RFP) FOR Virtual Reality Platform for Math Content Modules – Grades 9-12 Request for Proposal No.: P019-24 Due Date: April 16, 2024 2:00 pm CT INVITATION The Board of Education (“Board”) of Douglas County School District 0001 (Omaha Public Schools) (“District” or “OPS”) invites experienced and qualified providers to submit proposals for a Virtual Reality (“VR”) platform for math content modules (the “Platform”) for use by the District’s high school teachers and students (Grades 9-12) in a classroom environment. The Platform must conform with the requirements of this RFP and include both software and hardware components, such as VR headsets that utilize immersive VR experiences enabling students to engage in mathematics learning and coursework that includes, among other subjects, modules for

General Math, Pre-Algebra and Algebra courses. Tangible components of the Platform, such as VR headsets and associated equipment, will be referred to individually as a “unit” or collectively as “units” throughout this RFP. The District currently serves over 15,000 high school students at nine high schools and several programs in Grades 9-12. This RFP seeks proposals for a Platform that will be utilized by up to 800 students, and any proposal submitted in response to this RFP should include pricing for up to 800 units. The District intends to initially purchase 800 units for the 2024-2025 school year. At the District’s option, the District may purchase additional units for school years 2025- 2026, 2026-2027, and 2027-2028. Pricing for additional units during the three (3) additional school years should be included with the Firm’s (as defined in Section 2.1 below) proposal. SCOPE SUMMARY The District is seeking a Platform that will comply with the specifications set forth in this RFP from qualified and experienced Firms. The Platform must provide interactive VR hardware equipment and/or application software for math education that provides for best practice pedagogy, real-world problem solving, supportive learning with multi-faceted support system with feedback and high bandwidth discourse, training, and software updates. RFP P019-24 Virtual Reality Platform for Math Content Modules – Grades 9-12 Page 2 of 33 The Platform will consist of software and individual VR headsets with straps, controllers, rechargeable batteries, charging equipment and cables, and any additional equipment needed to make the software and hardware function for the purpose intended by this RFP. The Platform, including the VR hardware, must accommodate up to 800 high school students. In addition to the Platform, the District requests pricing for optional equipment, including 800 docking stations and spacers for the individual hardware units that will enable students to wear eyeglasses while using the hardware (the “Optional Equipment”). Proposals will be evaluated by the District’s evaluation committee, which will recommend the Firm or Firms whose Platform and/or Optional Equipment best satisfies the requirements of this RFP. The evaluation committee may require a demonstration of the proposed Platform and/or Optional Equipment. After evaluation, the committee will make a recommendation to the Board as to which Firm or Firms, if any, should supply the Platform and/or Optional Equipment to the District. The Board will make the final decision as to which Firm or Firms, if any, will supply the Platform and/or Optional Equipment. Multiple Firms may be selected to provide all or a portion of the Platform and/or Optional Equipment. Once a satisfactory contract is negotiated by the District with the selected Firm or Firms, the contract or contracts will be presented to the Board for approval. The Board must approve all contracts of $50,000 or greater. PROPOSALS ARE DUE: April 16, 2024 2:00 pm CT 1.0 PROPOSAL SUBMISSION INFORMATION 1.1 General As used in this RFP, the term “RFP Documents” includes the Invitation, the Scope Summary, the Proposal Submission Information in Sections 1.0 to 1.18, the General Terms and Conditions in Sections 2.0 to 2.20, the Proposal Specifications in Sections 3.0 to 3.6, the Proposal Requirements in Section 4.0 to 4.11, the Proposal Form and Signature Page, References (Exhibit A), Certification (Exhibit B) and the signed Data Protection Agreement (Exhibit C). The RFP Documents are incomplete without all of the sections and exhibits. Proposals must be prepared and submitted in accordance with the requirements of the RFP Documents, together with all required information and attachments, and submitted electronically to the following locked email address: curriculumbids@ops.org Proposals submitted in any other manner or to any other email address will be rejected. The proposal must include all attachments required by the RFP Documents. Any incomplete proposal or proposal not complying with the RFP Documents may be rejected by the District. Any proposal received after the deadline for submission of proposals will be rejected. The District will not be responsible for lateness of receipt of proposals due to mail or delivery delays. The time stamp on the District’s email will be the official clock utilized for purposes of determining when the deadline for proposal submission has been reached. 1.2 PROPOSAL PREPARATION Firms submitting proposals should use the proposal form provided in the RFP Documents, provide all information and attachments requested with respect to the proposal and shall complete all pertinent blanks on the proposal form. Failure to do so shall be grounds for rejecting the proposal. Proposals should be prepared by providing straightforward, concise, and complete responses to the information requested. Firms must acknowledge on their proposal form receipt RFP P019-24 Virtual Reality Platform for Math Content Modules – Grades 9-12 Page 3 of 33 of all RFP addenda issued by the District. The information requested in Section 4.0 of the RFP documents should be inserted into the proposal form in the space indicated. Please provide responses to all information requested. The responses should be made in the same order that the information is requested in Section 4.0 to assist in the review of the proposal by the District. Only include the information requested. 1.3 PROPOSAL SUBMISSION To be considered, one (1) copy of the proposal prepared in compliance with the requirements of the RFP Documents must be submitted to the District by 2:00 p.m. (CT) on April 16, 2024. The submission must be sent to lock box mailbox curriculumbids@ops.org . All electronically submitted proposals must comply with the following requirements: a. The proposal must be submitted in a pdf format. b. The proposal must contain the completed References sheet (Exhibit A). c. The proposal must contain a signed copy of the Certification (Exhibit B). d. The proposal must contain a signed copy of the Data Protection Agreement (Exhibit C). e. The proposal shall contain, as attachments, a copy of the Firm’s proposed software license agreement and the Firm’s proposed support terms and service level agreement for the Platform. f. The proposal must be attached to and submitted with a transmittal email that contains the following language in the subject line of the email: Virtual Reality Platform for Math Content Modules – Grades 9-12 Telephone, hard copy and facsimile proposals may not be submitted and will not be considered. The District will not accept links to shared files in any proposal. The time stamp on the District’s email will be the official clock utilized to determine the time for the close of submissions. 1.4 SEPARATE SUBMISSION OF HARDWARE For a proposal to be considered, in addition to timely submitting the proposal via email as set forth above, all hardware and related equipment required for or related to the Platform and/or Optional Equipment that a Firm is submitting as part of the proposal to be evaluated must be received by the District on or before the deadline for submission of proposals. Hardware and related equipment for the Platform and/or Optional Equipment should be submitted to: a. Firms must provide samples of their proposed VR hardware, which must include one (1) VR headset, two (2) controllers, charging equipment and batters, and any other equipment necessary to make the hardware operational. b. Firms may be required to demonstrate how their Platforms operate, including the Platform’s software and the corresponding math lessons for teachers and students. ATTEN: Cathy Utecht & Terry Scales RFP # P019-24 VR Math Content Hardware & Software Grades 9-12 Omaha Public Schools 3215 Cuming Street Omaha, NE 68131-2024 by April 16, 2024 2:00 pm CT mailto:curriculumbids@ops.org RFP P019-24 Virtual Reality Platform for Math Content Modules – Grades 9-12 Page 4 of 33 Physical hardware must be submitted in sealed boxes/shipping containers marked on the exterior: “RFP # P019-24 Virtual Reality Platform for Math Content Modules – Grades 9-12” Any proposal for which hardware is received after the deadline stated in this section (whether sent in copy, digitally or physical equipment) will not be considered even if that Firm’s proposal was timely submitted. The hardware furnished under this section must be provided and shipped to the District without cost to the District. Hardware submitted from Firms not selected for further evaluation must be retrieved from the District on or before 2:00 p.m. CT on May 8, 2024. It is the responsibility of each Firm to retrieve its Materials. Hardware not removed from District property by 2:00 p.m. CT on May 8, 2024 will be discarded by the District. Digital materials submitted by Firms not selected will be deleted by the District from its computer system. 1.5 DISTRICT’S RIGHT The District reserves the right to reject any or all proposals or any part thereof and to waive any or all technicalities and irregularities and award the proposal based on its determination of the best interests of the District. 1.6 PROPOSAL QUESTIONS Any questions or requests for interpretation of this RFP must be submitted in writing and shall be submitted by e-mail to curriculumbidsqa@ops.org by 2:00 p.m. CT on March 28, 2024. Questions submitted in any other form, including by hard copy, facsimile and telephone, and questions submitted to an email address other than the one indicated above will not be answered by the District. Answers to questions will be provided to all firms known to the District to have requested the RFP Documents, without indicating which firm submitted the question. The communications requirements have been established by the District to ensure a fair and equitable process for all potential respondents. The email address listed above for questions is the only authorized location and representative of the District who can respond to questions regarding this RFP. Any attempt to communicate with or contact any Board Member, employee, or consultant of the District in any manner having to do with any aspect of this RFP may result in the disqualification of the Firm as a potential supplier. 1.7 FIRM’S REPRESENTATION In submitting a proposal, the Firm represents that it has read and understands the RFP Documents, that its proposal is submitted in accordance therewith, and that the Firm is familiar with the local conditions that may affect the proposal and performance required by the RFP Documents. 1.8 COLLUSIVE ACTIONS The Firm’s signature on the proposal is the Firm’s guarantee that the Firm’s proposal and the contents thereof have been arrived at without collusion with other eligible Firms and without any effort to preclude the District from obtaining the Platform specified in the RFP Documents at the lowest competitive rate. RFP P019-24 Virtual Reality Platform for Math Content Modules – Grades 9-12 Page 5 of 33 1.9 OPENING OF PROPOSALS Those submitting proposals can attend the opening of the proposals by accessing Microsoft Teams meeting at 1-402-509-3892, within the United States, Phone Conference ID # 239 519 855 082; password HpUJN2. 1.10 PROPOSAL TABULATIONS Notes may be taken at the public reading of the proposals at the specified time and date of the opening, or a personal inspection may be made of the proposals after award has been made and documents are placed in central files. In lieu of a visit, a tabulation of an awarded proposal may be obtained by a written request including the proposal number, a self-addressed envelope, and a check for $5.00 for the first 20 pages and $0.25 for each additional page over 20 pages, (do not send cash), payable to Douglas County School District 0001, for each proposal tabulation requested. The request may be included with a proposal or mailed to the Purchasing Division of the District. 1.11 WITHDRAWAL OF PROPOSALS Any Firm submitting a proposal may withdraw its proposal by e-mail notification that is actually received by the District Operational Services Office, at curriculumbids@ops.org , prior to the time specified for close of proposal submissions. A hard copy, facsimile, telephone or oral withdrawal request will not be honored. An e-mail proposal addendum or proposal modification in lieu of a withdrawal is not acceptable and will be rejected. Properly withdrawn proposals may be re-submitted up to the time for the close of proposal submission, in the same manner as required for submitting initial proposals. After opening of proposals, the proposals shall remain open and subject to acceptance by the District for ninety (90) days and may not be withdrawn or modified prior to the expiration of such ninety (90) day period. 1.12 FINANCIAL RESPONSIBILTY The District reserves the right during the evaluation process to request a current financial statement as evidence of the Firm’s financial stability. This information must contain a statement on whether the financial statement is internally prepared or has been prepared by an outside accounting firm and whether it is audited. An internally prepared financial statement must be certified as accurate in all material respects by an officer or authorized employee of the Firm. 1.13 PRELIMINARY SCHEDULE The District has tentatively determined the schedule for selection of the Platform as follows: March 14, 2024 Request for Proposals issued. March 28, 2024 Deadline for submitting questions by 2:00 p.m. CT April 16, 2024 Proposals due by 2:00 p.m. CT. April 22, 2024 Notification of firms selected for further review. Selection of Firms to provide software demonstrations. mailto:curriculumbids@ops.org RFP P019-24 Virtual Reality Platform for Math Content Modules – Grades 9-12 Page 6 of 33 Week of April 30, 2024 Interview and presentation of Platform selected for further review provided by the Firm (may be in-person or a virtual recording). May 20, 2024 Recommendation of selected Platform to the Board of Education for approval and negotiation of a contract. Presentation of the contract to the Board for approval. Legal contract by June 3, 2024 Recommendation of selected Week of July 15th Delivery of equipment & software It is anticipated that the selected Platform will be utilized by the District’s high school students beginning with the 2024-2025 school year. The District may purchase additional units for up to three additional school years ending with the 2027-2028 school year. The Preliminary Schedule is subject to change depending on District needs as may be determined by the District. Any change will be communicated to each Firm submitting a proposal. 1.14 REVIEW OF PROPOSALS All proposals received will be reviewed by an evaluation committee consisting of District staff members and selected community representatives who will be responsible for reviewing, evaluating the Proposals and corresponding Platform, and determining, in the District’s sole discretion, the Platform that need demonstrations pursuant to the RFP Documents. The evaluation committee will also be responsible for following product demonstrations, for making the recommendation(s), if any, to the Board of Education for the Platform to be acquired by the District, subject to negotiation of a satisfactory contract(s). 1.15 SELECTION PROCESS FOR HARDWARE AND SOFTWARE DEMONSTRATIONS As a part of the selection process, interviews and the request for hardware and software demonstrations may be conducted by the evaluation committee with the Firm(s) selected by the evaluation committee. Interviews will be held at the District’s offices in Omaha, Nebraska or virtually, based on the initial evaluations and reference checks. Firms selected for interviews may be provided with a specific format for presentation to the evaluation committee. All costs incurred by the Firms to participate in such interviews will be the responsibility of the Firm being interviewed. Following the evaluation of the Platform and/or Optional Equipment, reference checks, and interviews (if conducted), the District will select the Firm or Firms that will be asked to submit their proposed Platform and/or Optional Equipment software and hardware for demonstration. 1.16 FINAL PROPOSAL EVALUATION Following evaluations and demonstrations of the Platform and/or Optional Equipment, the evaluation committee will evaluate the Platform and/or Optional Equipment in light of the evaluation criteria set forth in this RFP and such other criteria as the committee believes to be within the best interest of the District, make a recommendation to the Board as which Firm or Firms, if any, should provide the Platform and/or Optional Equipment to the District. Upon Board RFP P019-24 Virtual Reality Platform for Math Content Modules – Grades 9-12 Page 7 of 33 approval of the adoption of the Platform and/or Optional Equipment, the District will negotiate a contract with the successful Firm or Firms, which negotiation will include the cost of the Platform and/or Optional Equipment to the District for up to 800 high school students to be utilized during the 2024-2025 school year. If the District and a selected Firm cannot successfully negotiate a contract, then the selection of that Firm will be withdrawn and the District may choose to negotiate a contract with another Firm. The Board must approve any proposed contract and must approve all contracts of $50,000 or more. 1.17 PROPOSAL EVALUATION AND SELECTION CRITERIA The evaluation committee will utilize the following criteria, plus such other criteria as it deems relevant, to make its recommendation to the Board for selection of the Firm or Firms to supply the Platform and/or Optional Equipment to the District: 1.17.1 Relevant qualifications and quality of the Firm’s Platform and/or Optional Equipment based on education and experience. 1.17.2 Compliance of the Platform and/or Optional Equipment with legal requirements and RFP requirements. 1.17.3 The experience of the Firm and personnel in the performance of providing Platform and/or Optional Equipment and services in large, diverse and urban districts. 1.17.4 Availability of Firm resources to meet the schedule and project requirements. 1.17.5 Information supplied by references. 1.17.6 The results of interviews, if conducted. 1.17.7 The results of the demonstrations in the form of the quality of the instructional modules. 1.17.8 Cost of the Platform and/or Optional Equipment. 1.17.9 Timeline of scheduled delivery dates for the Platform and/or Optional Equipment. 1.18 COSTS INCURRED IN RESPONDING This RFP does not require the District to pay any costs incurred by any firm in the preparation and submission of proposals, in providing hardware and/or Optional Equipment to the District, in procuring or contracting for any services in connection with the proposal or in attending any post-submission interview. 2.0 GENERAL TERMS AND CONDITIONS 2.1 GENERAL The Contract between the District and the selected Firm or Firms shall incorporate by reference the requirements of the Invitation, Scope Summary, Sections 1.0 to 4.0 of the RFP Documents (Proposal Submission Information, the General Terms and Conditions, the Proposal RFP P019-24 Virtual Reality Platform for Math Content Modules – Grades 9-12 Page 8 of 33 Specifications and the Proposal Requirements), and the agreed upon portions of the selected Firm’s proposal with any attachments. In the event of a conflict between Firm’s proposal and the remainder of the RFP Documents, the remainder of the RFP Documents shall control. The term “Firm” as used in the General Terms and Conditions and in the Proposal Specifications, means the successful Firm that contracts with OPS to furnish the Platform and/or Optional Equipment being proposed. 2.2 CIVIL RIGHTS The Firm will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended by the Equal Opportunity Act of 1972, all requirements imposed by or pursuant to the Regulations of the Department of Education (34 C.F.R. Part 100) issued pursuant to that title, the Pregnancy Discrimination Act of 1978, Federal Executive Order 11246, the Federal Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran’s Readjustment Assistance Act of 1974, Title IX of the Education amendments of 1972, the Age Act of 1972, the Americans With Disabilities Act of 1990, the Genetic Information Nondiscrimination Act of 2008, and the Nebraska Fair Employment Practice Act, Neb. Rev. Stat. §48-1122. The Firm agrees no person in the United States shall on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which District receives federal financial assistance from the Department; and hereby gives assurance that the Firm will immediately take any measures necessary to effectuate this Contract. The Firm further agrees to comply with all applicable requirements of state and local laws, ordinances, and regulations regarding nondiscrimination in employment. The Firm agrees not to discriminate in its employment practices and will render services under this Contract without regard to race, color, national origin, religion, sex (including pregnancy), marital status, sexual orientation, disability, age, genetic information, gender identity, gender expression, citizenship status, veteran status, political affiliation or economic status. Any act of discrimination committed by Firm or failure to comply with these statutory obligations when applicable shall be a default under the Contract with the Firm. 2.3 WORKER VERIFICATION The Firm contracting with the District shall be required to register with and utilize an electronic verification system or program, whether the work authorization program of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, now known as the “E-Verify Program” or an equivalent federal program designated by the Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee pursuant to the Immigration Reform and Control Act of 1986. The Firm shall contractually require all subcontractor(s) performing work under such contract to also register and utilize such electronic verification system. The Firm awarded the contract and all of such Firm’s subcontractor(s) shall use such electronic verification system to determine the work eligibility status of each new employee physically performing any services within the State of Nebraska under the contract. Any person whom the electronic verification system determines is ineligible or not authorized to work in the United States shall not be permitted by the Firm or any subcontractor to perform services in Nebraska under such contract. The Firm shall provide such reasonable documentation as District may request from time to time during the performance of the contract and for five (5) years thereafter documenting compliance with the provisions of this Section. Failure to comply with the provisions of this Section shall constitute a default under the contract with the District. 2.4 INSURANCE REQUIREMENTS RFP P019-24 Virtual Reality Platform for Math Content Modules – Grades 9-12 Page 9 of 33 The Firm will maintain at all times while under contract with the District workers compensation insurance for all of its employees as required by law, and shall also be required to maintain the following additional insurance coverages: Employer’s Liability $500,000 per accident $500,000 disease, policy limit $500,000 disease, each employee Commercial General Liability Bodily injury, property damage liability and personal injury liability: $1,000,000 for both bodily injury and property damage Coverage shall include completion operations, broad form property damage, and personal injury and advertising liability coverage. Automobile Liability Insurance Bodily injury and property damage liability: $1,000,000 combined single limit Cyber Liability Insurance $1,000,000.00 per occurrence Coverage shall include losses arising out of or in connection with a data breach, security incident or privacy violation. Excess Liability $2,000,000 limit of liability Professional/E&O Liability $1,000,000 limit of liability The foregoing insurance can be provided by any combination of base and excess liability coverages and shall be primary and non-contributory as to the District’s insurance policies. Liability coverages must be on an occurrence basis. The District shall be named as an additional insured on all such liability policies. The polices shall be endorsed to provide for waiver of subrogation as to the District and that the District shall receive at least 30 days' prior notice of any non-renewal, cancellation, material modification, or any reduction in coverages or coverage amounts. The Firm will provide certificates to the District evidencing such coverages. 2.5 PUBLIC BENEFIT For purposes of complying with Neb. Rev. Stat. §§ 4-108 through 4-114, if the Firm is a sole proprietorship or a general partnership, the Firm represents to the District that the sole proprietor or each general partner, as applicable, are citizens of the United States or qualified aliens under the federal Immigration and Nationality Act. Any qualified alien must provide to the District that person’s immigration status, alien number and a copy of their USCIS documentation upon request by the District. 2.6 FEDERAL TAXES Where Federal statutes exempt the District from the payment of excise or manufacturer’s taxes on materials or equipment, the Firm shall exclude the amount of any applicable Federal excise or manufacturer’s taxes from its proposal. The District will furnish the Firm, on request, the necessary exemption certificates to aid the Firm in the recovery of any such taxes paid. RFP P019-24 Virtual Reality Platform for Math Content Modules – Grades 9-12 Page 10 of 33 2.7 STATE AND CITY TAXES The District, as a political subdivision, is exempt from the payment of state and city sales taxes, and no such taxes should be included in any amounts to be paid by the District under its contract with the Firm. The District’s tax exemption number is 5-0597767. 2.8 TARIFFS AND DUTIES All applicable tariffs or duties, including penalties and interest, shall be paid by the Firm and shall not be included in any payments by the District. 2.9 PERFORMANCE OF CONTRACT The Firm shall perform all of its duties hereunder in a good and professional manner and in accordance with accepted sound business practices. 2.10 ASSIGNMENT AND BINDING EFFECT The Firm shall not assign the contract, or any part thereof, to any other person or entity without the prior written approval of the District, which the District may withhold at its discretion. Transfers aggregating fifty percent (50%) or more of the capital or voting stock of the Firm (if the Firm is a nonpublic corporation) or transfers aggregating fifty percent (50%) or more of the Firm’s partnership interest (if the Firm is a partnership) or transfers aggregating fifty percent (50%) or more of the other ownership interests of the Firm (if Tenant is a limited liability company or other legal entity) shall be deemed to be an assignment of the contract. The contract between the District and Firm shall be binding on the successors and permitted assigns of the District and Firm. 2.11 DEFAULT AND REMEDIES In the event the Firm: (i) breaches or violates any of the terms and conditions of the contract between the Firm and the District; or (ii) fails to perform any duty or obligation thereunder; or (iii) if the Firm should be adjudged bankrupt, make a general assignment for the benefit of creditors, or if a receiver should be appointed to take over the Firm’s affairs, and provided any of the foregoing defaults are not cured by Firm, to the sole and complete satisfaction of the District, upon seven (7) days written notice to Firm, the Firm shall be in default of its obligations to the District and the District may take any or all of the following actions, in addition to such other remedies as are allowed by law: • Suspension – The District may suspend its payments under the contract without terminating the contract and withhold any further payment pending corrective action by the Firm. • Termination – The District may terminate the contract at any time by written notice to the Firm, which termination shall take effect on the date specified in such notice. Upon such termination, District may obtain the Platform and/or Optional Equipment from a different firm. In the event of such termination, the Firm shall not be entitled to any further payments under the contract. If the remaining amount that is unpaid under the contract with Firm is insufficient to pay for the cost of completing performance of the contract obligations by a substitute firm, the Firm shall pay to the District, in addition to all other damages suffered by District due to such default, the difference in the cost of performing such services by the substitute firm or the District and the remaining unpaid funds held by the District. RFP P019-24 Virtual Reality Platform for Math Content Modules – Grades 9-12 Page 11 of 33 The remedies set forth in this Section are in addition to any other rights and remedies that the District pay have as a result of such default, including the recovery of damages. 2.12 TERMINATION WITHOUT CAUSE The District may terminate the contract with the Firm without cause, at any time and without penalty by providing sixty (60) days prior notification in writing to the Firm. In the event of a no cause termination, the District shall pay to the Firm those amounts earned by the Firm and approved by the District under the terms of the contract from the date of the contract until the date the contract is terminated. Once the District makes payment of all amounts earned by the Firm and approved by the District, the District shall be relieved of all further obligations it may have under the terms of its contract with the Firm and/or this RFP. 2.13 INDEMNIFICATION The Firm, on behalf of itself and its successors and assigns, hereby agrees to indemnify, defend, and hold harmless the District and its Board members, officers, agents and employees, from any or all losses, damages, claims, liabilities, judgments, costs and expenses (including reasonable attorney’s fees and expenses) arising out of or in connection with: (i) any act or omission of Firm or Firm’s agents, employees or contractors; (ii) any default, breach, violation or non-performance of the contract between the Firm and the District; (iii) any injury to persons or property or loss of life caused by Firm or by Firm’s agents, employees or contractors other than any such claims that are caused solely by the negligent or intentional act or omission of District, or its employees, agents, or contractors; or (iv) a claim that the Platform and/or Optional Equipment provided to the District infringes or misappropriates any copyright, patent, trademark, trade secret, or other intellectual property right . 2.14 COMPLIANCE WITH LAWS The Firm in performance of the contract will comply with all applicable Federal, State and local laws, ordinances, regulations and codes. 2.15 INVALIDITY If one or more of the provisions contained in the contract are declared invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect and shall not in any way be affected, impaired or invalidated unless the effect of such invalidity, voidness or unenforceability materially alters the purposes of this contract. 2.16 RECORDS The Firm shall retain District records for a period of not less than seven years after they are audited by the District’s external auditors without additional cost to the District. The record retention obligation shall survive the expiration or termination of the contract with the Firm. 2.17 GOVERNING LAW AND FORUM SELECTION CLAUSE The laws of the State of Nebraska shall govern the interpretation and performance of the contract between District and the Firm, without regard to its conflicts of laws principles. Any RFP P019-24 Virtual Reality Platform for Math Content Modules – Grades 9-12 Page 12 of 33 action brought to enforce any provision of the contract shall be brought in the state or federal courts located in Douglas County, Nebraska. 2.18 NO WAIVER The failure of District or the Firm to insist in any one or more instances upon performance of any terms or conditions of the contract shall not be construed as a waiver of future performance of any such term, covenant or condition, but the obligations of such party with respect thereto shall continue in full force and effect. 2.19 ENTIRE CONTRACT This contract, together with the RFP Documents incorporated therein and any attachments and any exhibits or schedules thereto, constitutes the entire contract between the parties as to the subject matter hereof, and replaces any prior written and oral statements and understandings. 2.20 REQUIREMENTS RELATING TO FEDERAL AWARDS The following requirements must be met by the Firm, and where applicable, by subcontractors, in connection with the performance of the contract with the District as required for any contracts involving a Federal award. This contract is being funded through a Federal award. 2.20.1 By submitting a proposal and entering into a contract with the District, the Firm represents that it is not listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contain the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 2.20.2 If the amount of the contract between the District and the Firm is $100,000 or more, Firm shall file a certification (see Exhibit B to the RFP Documents). In the certification, recipients of each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the District. 2.20.3 If the contract between the District and the Firm is in excess of the amount of $150,000 Firm will comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the District, the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 3.0 PROPOSAL SPECIFICATIONS RFP P019-24 Virtual Reality Platform for Math Content Modules – Grades 9-12 Page 13 of 33 3.1 GENERAL REQUIREMENTS The Firm’s proposal shall include a detailed description of the Platform and/or Optional Equipment it proposes to furnish to the District in response to this RFP.. The District seeks a VR Platform and/or Optional Equipment to be utilized by up to 800 high school students. The Platform should include hardware and software and provide the District’s teachers and students with an immersive VR experience enabling them to engage in mathematics learning and coursework that includes, among other subjects, modules for general math and pre-algebra and algebra courses for Grades 9-12. Instructional materials should include core curriculum resources. The Firm’s proposal should include initial “per unit pricing” for the Platform, including the per unit price for all hardware, such as VR headsets, and any associated equipment required to operate the Platform pursuant to the user totals set forth herein. The proposal should also include pricing for any software, instructional modules, licenses, support services, or any other features of the Platform being proposed. Per unit pricing should also be included for additional units, if any, purchased by the District during subsequent schools years, including the 2025- 2026, 2026-2027, and 2027-2028 school years. The Firm may also submit per unit pricing for the Optional Equipment, which includes docking stations and VR headset spacers for students with eyeglasses. The per unit pricing submitted shall be inclusive of all costs the District may incur to obtain, implement, and maintain the Platform and/or Optional Equipment, including all hardware and software, within the District during the term. Pricing shall include costs for shipping, installation, training, warranty and support services, and professional development (see Section 3.3 of this RFP). Please provide costs for a post-warranty service plan. Pricing should be provided for school years 2024-2025, 2025-2026, 2026-2027, and 2027-2028. No additional costs will be negotiated or paid by the District. 3.1.1 The content modules must align with the Nebraska Math standards and processes (link to Nebraska standards). https://www.education.ne.gov/wp- content/uploads/2023/05/Nebraskas-College-and-Career-Ready-Standards- for-Mathematics-Final-062723.pdf 3.1.2 The Platform must incorporate evidence-based approaches, strategies, and resources so that all learners can access grade-level content. 3.1.3 The Platform must incorporate multicultural education at all grades, including a balanced portrayal of demographics and characteristics represented throughout the District. 3.1.4 The Platform should support a digital blended learning model, which includes instructional design where teacher-led instruction is enhanced with online learning. 3.1.5 Digital and online resources should be accessible to all learners including closed captioning and audio support. 3.1.6 The cost of the Platform, including all hardware and software, shall remain static during the initial term (the 2024-2025 school year). After the 2024-2025 school https://www.education.ne.gov/wp-content/uploads/2018/04/NEK12Tech.pdf https://www.education.ne.gov/wp-content/uploads/2023/05/Nebraskas-College-and-Career-Ready-Standards-for-Mathematics-Final-062723.pdf https://www.education.ne.gov/wp-content/uploads/2023/05/Nebraskas-College-and-Career-Ready-Standards-for-Mathematics-Final-062723.pdf https://www.education.ne.gov/wp-content/uploads/2023/05/Nebraskas-College-and-Career-Ready-Standards-for-Mathematics-Final-062723.pdf RFP P019-24 Virtual Reality Platform for Math Content Modules – Grades 9-12 Page 14 of 33 year, the District may purchase additional units from time-to-time at the prices set forth in the Firm’s contract with the District during the succeeding schools years up and until the end of the 2027-2028 school year. 3.1.7 The Firm shall provide the District with a list of whitelisted sites. 3.1.8 The Platform, including all hardware, must be delivered to the District on or before July 15, 2024, so that the same may be used throughout the 2024-2025 school year. 3.1.9 Open Education Resources may be submitted as part of the proposal. 3.1.10 VR Equipment must be compatible with the VR Math Modules including but not limited to General Math, Pre-Algebra and Algebra. 3.1.11 Unless otherwise specified by OPS, the Platform, including all hardware and software, must be the most recent model, must be in the original packaging, must be in new and unused condition and may not be reconditioned or used without the prior written approval of the District. 3.1.12 The Platform, including all hardware and software, must include the manufacturer’s original warranty. 3.2 TECHNOLOGY REQUIREMENTS The Firm’s proposed Platform must meet the following technology requirements: 3.2.1 Technology instructional tools must support digital citizenship, digital classroom management, and digital literacy. 3.2.2 Instructional materials must include traditional teacher and student materials and digital components that can support integration with the District’s digital learning platform (e.g., District Learning Management Systems: Canvas, Seesaw, Clever, and Microsoft Teams). 3.2.3 Digital materials may include a comprehensive online platform, digital manipulatives, professional learning resources, online planner, customizable assessment tools, and digital student and teacher resources. 3.2.4 All software applications must be compatible with current Windows, MAC OS, Apple iPad OS and IOS operating systems. 3.2.5 The District is requesting IMS certified support for One Roster 1.1. Evidence of a valid conformance certification, including current registration number, must be available from the IMS Global web site. 3.2.6 SFTP server for data file transmission. 3.2.7 Bandwidth requirements for the Platform to efficiently operate must be provided. 3.2.8 The Platform will have tech-integration tools that include Clever for single sign-on. Management tools to facilitate technical support and management must be RFP P019-24 Virtual Reality Platform for Math Content Modules – Grades 9-12 Page 15 of 33 included. The Platform should also have monitoring tools that are accessible to teachers, administrators, and technical support staff. 3.2.9 Before accepting the Platform, the District shall have the ability to perform acceptance testing on the Platform, using the District's standard acceptance testing processes and protocols (which will be memorialized in the contract), in order to ensure that it conforms to the RFP requirements and the Firm’s proposal. 3.2.10 The Platform must be fully available and accessible 24/7, excluding downtime for maintenance and upgrades. 3.2.11 The Platform must run efficiently during times of peak use with an uptime percentage of at least 99.9%. 3.2.12 The Platform must need minimal downtime for updates and upgrades, and any such scheduled downtime should occur at times that will provide minimal disruption to the District's use of the Platform. 3.2.13 The Platform must provide effective and continued monitoring of its performance and uptime to meet agreed upon service level commitments. 3.2.14 The Platform updates and upgrades should be provided regularly to the District during the District’s use of the Platform. 3.3 PROFESSIONAL DEVELOPMENT The selected Firm must provide job-embedded and on-demand professional learning opportunities for District staff. This includes specific training for District staff and teachers implementing the Platform for the 2024-2025 school year. 3.3.1 Learning opportunities should include samples of structured units as guides for teachers, as well as others that are less structured, to allow teachers to take greater command of designing their units as they feel more comfortable with their instructional shifts. 3.3.2 The Platform’s learning modules should facilitate collaborative conversations among students and with teachers, and support teachers who are training to facilitate these types of discussions. 3.3.3 Digital tools, including but not limited to videos, to support a virtual learning community for teaching and reflection. 3.3.4 The Firm will collaborate with the District to design customized professional development. 3.3.5 Professional development should take an active stance on reinforcing high- expectations and opportunities for all learners to engage with and achieve grade- level content standards, i. 3.3.6 Professional Development should include synchronous and/or asynchronous how-to instructions for each portion of the Platform meeting the needs of each different user group. RFP P019-24 Virtual Reality Platform for Math Content Modules – Grades 9-12 Page 16 of 33 3.4 TECH SUPPORT 3.4.1 Support for users must be provided by the Firm via email, phone and/or live web help. 3.4.2 The Firm must detail its support policy, including whether it provides a tiered level of support, and if so, it should detail the differences in both the tiered support features and the costs associated with each tier. 3.5 DATA SECURITY 3.5.1 The Firm must employ industry best practices for data security, especially those to safeguard personal information. 3.5.2 The Firm must maintain industry best practices for data protection and security in the data centers of the hosted environment. 3.5.3 The Firm must provide Platform security to protect data that is processed through the Platform. 3.5.4 The Firm follows industry best practices for regular data and system backups and backup storage. 3.6 DIGITAL MATERIALS LICENSING AND SUPPORT 3.6.1 During the District’s use of the Platform, the Firm shall grant the District all applicable licenses needed to allow the District's authorized users to access and use any digital materials or modules contained in or utilized by the Platform, including (a) all software that is included within the Platform, or (b) any third party software that is needed in order to allow the District full use and functionality of the Platform. 3.6.2 The Firm shall provide the District with all upgrades at no additional cost and updates and continuing access to the most current versions of the Platform and its software components for so long as the District uses the Platform. The foregoing shall include any major or minor modifications, improvements, error corrections, bug fixes, workarounds to the software or to ensure the software performs according to its specifications and generally released to its customers during the term of the Contract. Updates may contain new features or enhancements, improved compatibility, fixes for identified problems, and/or but not limited to improved security protection. 3.6.3 The District shall have the ability to perform acceptance testing on the Platform to ensure that it conforms to the written specifications, documentation and the District's technical requirements. 3.6.4 The Firm shall provide help desk support and other on-going maintenance and support services to the District while it uses the Platform. 4.0 PROPOSAL REQUIREMENTS RFP P019-24 Virtual Reality Platform for Math Content Modules – Grades 9-12 Page 17 of 33 4.1 GENERAL In addition to submission of the Materials required in Section 1.4 of the RPF Documents, the Firm’s proposal shall also contain, at a minimum, the following information under the following sections, which must be organized in the order given below. Firms may use a format of their choosing within the sections. Any proposal not containing the required information may be rejected by the District. 4.2 FIRM PROFILE 4.2.1 Identification of the Firm, including address of its principal office, the principal contact person, telephone and fax number, e-mail address and date the Firm was organized. State whether the Firm is a corporation, limited liability company, partnership or other entity and the state of organization. 4.2.2 Size of the Firm and the geographic scope of its operations (i.e., local, regional, national). 4.2.3 Identify the person signing the proposal and his or her relationship to the Firm. If such person lacks legal authority to bind the Firm to a contract, provide a current power of attorney authorizing the proposal. Provide an address, telephone number, facsimile number and e-mail address (if applicable) for the person signing the proposal and for anyone who executed a power of attorney authorizing the proposal. 4.3 MATERIALS AND SERVICES PROPOSED Please state affirmatively in your proposal that your Firm can provide the Platform and/or the Optional Equipment and services required by this RFP if awarded a contract. Please state any reservation or qualification that the Firm may have regarding providing the required Platform and/or Optional Equipment and services. Please note that any qualification or reservation by the Firm regarding the required Materials and services may result in disqualification of the proposal. 4.4 INFORMATION REGARDING PLATFORM FURNISHED 4.4.1 List all of the components included in the Platform (e.g., hardware, software, teacher materials, student materials, digital materials, electronic media and the like) for each education level (Grades 9-12) and indicate what the purpose of each item is. 4.4.2 List the authors of any educational materials or coursework, and their academic and relevant work-related experience. 4.4.3 List the copyright date or date of the materials and indicate when the materials were last revised and when the next anticipated revision will occur. State whether the proposed materials are periodically updated and, if so, how the updates are accomplished. 4.4.4 State specifically how the materials align with the Nebraska General Math, Pre- Algebra, and Algebra standards. RFP P019-24 Virtual Reality Platform for Math Content Modules – Grades 9-12 Page 18 of 33 4.4.5 State specifically how multicultural education is incorporated in the materials, at the corresponding grades. Multicultural education includes, but is not limited to studies relative to the culture, history and contributions of African Americans, Hispanic Americans, Native Americans, Asian Americans, and European Americans with special emphasis on human relations and sensitivity toward all races. (Nebraska Administrative Code, Title 92, Ch. 10, Section 004.01F). 4.4.6 Firms must identify if their proposed materials have their own Learning Management System (LMS) and if they integrate with other LMS. 4.4.7 State all components included in the Platform. 4.4.8 State what type of technical support is available to users. 4.4.9 Provide relevant information on data security standards compliance and any completed organizational information technology audits. 4.4.10 Describe the security measures in place at data centers. 4.4.11 Provide a list of accreditations obtained. 4.4.12 Provide an overview of best practices for regular data and system backups and backup storage for the Platform. 4.4.13 List the hours and days of availability for phone or chat support, including any after-hours support. 4.5 TECHNOLOGY REQUIREMENTS FOR MATERIALS Please state how the Firm and the Firm’s Platform will satisfy the technology requirements set forth in Section 3 of the RFP Documents. 4.6 PROFESSIONAL DEVELOPMENT Please state how the Firm’s Platform will satisfy the professional development requirements set forth in Section 3.3 of the RFP Documents. 4.7 REFERENCES Provide the names of at least three (3) different school districts that have adopted district-wide the Platform included in your proposal in the past five (5) years who can be contacted as references by the District. Please include the date the Platform was acquired by the referenced school district, the name of the primary contact, the name of the school district, and the address, telephone number and e-mail address of each reference. A reference page is attached as Exhibit A. 4.8 COST Please provide a cost projection on a per unit basis for the Platform’s hardware, including VR headsets and any associated equipment, and a per student basis for the software, including the software and licenses required and state as to each cost projection an itemization of the components (description and cost) included in that cost projection. A cost structure should also RFP P019-24 Virtual Reality Platform for Math Content Modules – Grades 9-12 Page 19 of 33 be included for any additional teacher and/or classroom materials, professional development or any item required to support the proposal. 4.9 ADDITIONAL INFORMATION Furnish any additional information regarding the Firm or its Platform that the Firm believes would be helpful in evaluation of the proposal. Do not include advertising brochures or other promotional material in the proposal. 4.10 STATEMENT OF UNDERSTANDING The Firm is to provide with its proposal a written statement that it understands the scope and requirements of this RFP and understands that if an award is made, the award will be based on compliance with the Request for Proposal requirements and the District's determination of the proposal that will best serve the interests of the District. 4.11 SIGNATURE An authorized individual must sign the proposal for the Firm and must certify that the information in the proposal is true and correct to the best of that person's knowledge and belief. The required signature page format is attached to the RFP. Failure to submit a completely executed signature page will be grounds for rejecting the proposal. RFP P019-24 Virtual Reality Platform for Math Content Modules – Grades 9-12 Page 20 of 33 PROPOSAL RFP # P019-24 Virtual Reality Platform for Math Content Modules – Grades 9-12 Proposal of , a [ ] corporation organized and existing under the laws of the State of ; a [ ] limited liability company organized and existing under the laws of the State of ; a [ ] partnership, organized and existing under the laws of the State of ; or an [ ] individual (check appropriate box). TO: Omaha Public Schools locked email box: curriculumbids@ops.org All proposals must be submitted electronically to the following email address curriculumbids@ops.org All electronically submitted proposals must comply with the following requirements: The RFP Documents convey the general style, type, character, and quality of the Materials and services desired. The undersigned acknowledged that the District will determine in its discretion which Materials and services are the best for the District. The Firm is responsible to clearly and specifically indicate the materials being offered and to provide sufficient descriptive literature, catalog cuts, pictures, and technical detail to enable the District to determine if the product offered meets the requirements of the RFP Documents. Failure to furnish adequate information for evaluation purposes may result in declaring a proposal non-responsive. [INSERT PROPOSAL CONTENT HERE] RFP # P019-24 Virtual Reality Platform for Math Content Modules – Grades 9-12 Attachments: 1. Proposed Software Licensing Agreement 2. Proposed Support Terms and Service Level Agreement 3. References (Exhibit A) 4. Signed Certification (Exhibit B) 5. Signed Data Protection Agreement (Exhibit C) Acknowledge receipt of the following Addenda: No. Date No. Date No. Date [SIGNATURE PAGE FOLLOWS] RFP P019-24 Virtual Reality Platform for Math Content Modules – Grades 9-12 Page 21 of 33 SIGNATURE PAGE RFP # P019-24 The undersigned certifies that the Firm submitting the proposal understands: 1) the requirements of the proposal; 2) an award of the proposal by the District, if made, will be based on compliance with the RFP Document requirements and the District's determination of which proposal will best serve the interests of the District; and 3) that the proposal award will not be solely based on pricing. The undersigned further certifies that the Firm is capable of performing the specified services meeting the needs and requirements of the District, that it understands the scope of the services requested by this RFP and that other factors specified in the RFP Documents, in addition to the cost of services, will be considered in determining the successful proposal, if any. The undersigned further acknowledges that once the proposal is opened, it shall remain open and subject to acceptance by the District for ninety (90) days and may not be withdrawn or modified prior to the expiration of such ninety (90) day period. The undersigned further acknowledges that the District reserves the right to reject any or all proposals and any part thereof and to waive all technicalities. The undersigned certifies that the information in the foregoing proposal is submitted in accordance with the Request for Proposals P019-24 Virtual Reality Platform for Math Content Modules – Grades 9-12 and is true and correct to the best of the undersigned's knowledge and belief. COMPANY NAME: ADDRESS: CITY/STATE/ZIP: TELEPHONE: FAX: E-MAIL: SIGNATURE: Proposals must be signed to be valid. PRINTED NAME: TITLE: DATE: Proposal, with all required attachments, shall be emailed to the designated lockbox clearly labeled with: RFP # P019-24 Virtual Reality Platform for Math Content Modules – Grades 9-12 Delivered to: curriculumbids@ops.org by 2:00 PM (CT), April 16, 2024 RFP P019-24 Virtual Reality Platform for Math Content Modules – Grades 9-12 Page 22 of 33 Exhibit A Supply references of school districts or other educational entities of the same or similar size of District for which you have provided the same or similar services within the last three (3) years. If you have no educational references, please provide three (3) references of governmental or private entities of the same or similar size as the District which you provided the same or similar services within the last three (3) years. 1. Name of District: Contact Name: _____________ Address: Phone: City/State/Zip: Email: Size of school district: / students Date services adopted: 2. Name of District: Contact Name: _____________ Address: Phone: City/State/Zip: Email: Size of school district: / students Date services adopted: 3. Name of District: Contact Name: ______________ Address: Phone: City/State/Zip: Email: Size of school district: / students Date services adopted: RFP P004-24 K-12 Computer Science and Technology Materials and Resources 23 Exhibit B Certification CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (signature) (print name) (title) (date) RFP P004-24 K-12 Computer Science and Technology Materials and Resources 24 EXHIBIT C DATA PROTECTION AGREEMENT THE DATA PROTECTION AGREEMENT ("Agreement") is entered into between DOUGLAS COUNTY SCHOOL DISTRICT 0001, a Nebraska political subdivision, located in Douglas County, Nebraska, a/k/a Omaha Public Schools (hereinafter referred to as the "District") and ("Partner Organization"). Hereafter, each may be referred to in the singular as, the "Party" or collectively, as the "Parties" in this Agreement. WHEREAS, Partner Organization acknowledges and understands that the District is required to safeguard the privacy of its students’ Education Records in a manner consistent with the mandates of the Family Educational Rights and Privacy Act ("FERPA"), 20 U.S.C. § 1232g and the applicable regulations promulgated thereunder. WHEREAS, Education Records may contain Personally Identifiable Information ("PII") as defined by Nebraska Financial Data Protection and Consumer Notification of Data Security Breach Act of 2006 ("NFDP"), Neb. Rev. Stat. §§87-801–87-808. WHEREAS, FERPA prohibits the unauthorized disclosure of PII contained in students’ Education Records to anyone without the express written consent of the student or the student’s representative. WHEREAS, FERPA has regulatory exceptions to the general rule of confidentiality and non- disclosure of individually-identifiable data and information to allow its disclosure and use by organizations acting as school officials under certain circumstances. WHEREAS, should Partner Organization be identified as satisfying the criteria associated with one or more recognized FERPA exceptions, the District may disclose the requested data to Partner Organization, provided the purpose, scope, and duration are clearly set forth in writing and satisfy the terms and conditions of this Agreement. WHEREAS, Partner Organization will provide to the District, and/or its participating schools on behalf of the District, specified services the District could otherwise use its employees to perform, Partner Organization acknowledges that for the purposes of this Agreement it will be designated as a "school official" with "legitimate educational interests" as those terms have been interpreted and defined under FERPA and similar Privacy Laws and regulations, and Partner Organization agrees to abide by FERPA and those laws while performing its service for the District. WHEREAS, the services Partner Organization will provide to the District are described in the Service Agreement, identified below. NOW, THEREFORE, the Parties enter into this Agreement governing the disclosure of personally identifiable student information and provision of services described herein. RFP P004-24 K-12 Computer Science and Technology Materials and Resources 25 SECTION I DEFINITIONS A. "Confidential District Information" means any and all confidential or proprietary information of the District in any form, including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche, and includes paper and electronic information. Confidential District Information includes all student or employee record information. Confidential District Information also includes all business, operational, and other information provided by District to Partner Organization hereunder, provided such information is marked or otherwise identified by District as confidential or proprietary, or is of a nature that Partner Organization knows or should know is confidential or proprietary. Confidential District Information includes Education Records and Personally Identifiable Information. B. "Data Incident" means any access, acquisition, use or disclosure of Regulated Information by Partner Organization not authorized by law, this Agreement, or any other written agreements between District and Partner Organization related to Regulated Information. C. "Education Records" has the same definition as in FERPA, 20 U.S. Code § 1232g(a)(4)(A), those records, files, documents, and other materials that (i) contain information directly related to a student; and (ii) are maintained by an educational agency or institution or by a person acting for such agency or institution. D. "Personally Identifiable Information" or "PII" includes but is not limited to (a) student names; (b) names of a student’s parent, guardian, or other family members; (c) addresses of students, their guardians, or other family members; (d) personal identifiers such as social security numbers, student numbers, or biometric records; (e) other indirect personal identifiers such as dates of birth, places of birth, and maiden names; (f) other information that, alone or in combination, is linked or linkable to a specific student that would allow a person to identify the student with reasonable certainty; (g) "medical information" as may be defined in state law; (h) "protected health information" as that term is defined in the Health Insurance Portability and Accountability Act, 45 CFR Part 160.103; (i) "nonpublic personal information" as that term is defined in the Gramm-Leach-Bliley Financial Modernization Act of 1999, 15 USC 6809; (j) credit and debit card numbers or access codes and other cardholder data and sensitive authentication data as those terms are defined in the Payment Card Industry Data Security Standards; (k) other financial account numbers, access codes, and driver’s license numbers; (l) state- or federal-identification numbers such as passport, visa, or state identity card numbers; (m) "personally identifiable information" as may be defined in state law, including Neb. Rev. Stat. § 87-802; and (n) Education Records. E. "Privacy Laws" means all applicable state, federal, and local privacy confidentiality and security laws (including related regulations, orders, or findings) which govern any Confidential District Information including, but not limited to: FERPA, COPPA, the Protection of Pupil Rights Amendment ("PPRA") (20 U.S.C. § 1232h; 34 CFR Part 98), as currently in effect or as amended from time to time, including any successor statutes and implementing regulations and rules, and the NFDP, specifically Neb. Rev. Stat. § 87-808. F. "Regulated Information" means Personally Identifiable Information and Education Records. G. "Temporary Employees" means personnel employed and provided by Partner Organization to District for its supplemental staffing needs, including contractors, subcontractors, vendors, and suppliers of Partner Organization. RFP P004-24 K-12 Computer Science and Technology Materials and Resources 26 SECTION II CONFIDENTIAL DISTRICT INFORMATION A. Ownership of Data and Information. The disclosure of Confidential District Information to Partner Organization is not an assignment of ownership of the Confidential District Information to Partner Organization. The District retains ownership of all such information. Confidential District Information may only be re-disclosed by Partner Organization to a third-party with the prior written approval of the District. B. Confidentiality. Partner Organization agrees to maintain the confidentiality of Confidential District Information provided by District to Partner Organization hereunder. 1. Partner Organization agrees to restrict access to Confidential District Information only to authorized representatives who (i) require access in the course of their assigned duties and responsibilities in connection with this Agreement, and (ii) have been informed of the provisions set forth in this Agreement. 2. The confidentiality obligations regarding the Confidential District Information shall not apply to any material or information that (i) is or becomes a part of the public domain through no act or omission by the Partner Organization, (ii) is independently developed by employees of the Partner Organization without use or reference to the Confidential District Information, (iii) is disclosed to the Partner Organization by a third party that, to the Partner Organization’s knowledge, was not bound by a confidentiality obligation, (iv) is demanded by a lawful order from any court or anybody empowered to issue such an order, or (v), is requested by operation of law. With respect to (iv) or (v) above, Partner Organization agrees to provide notice to the District in a timely manner to allow the District to object to such disclosure should the District choose to do so. 3. Notwithstanding anything herein to the contrary and only to the extent consistent with the Privacy Laws, District hereby grants to Partner Organization a non-exclusive, royalty-free, nontransferable, revocable, limited license during the Term or any Renewal Term of this Agreement to collect, access, and use Confidential District Information provided Partner Organization: (1) collects, accesses, and uses Confidential District Information only as necessary and solely for meeting Partner Organization’s performance obligations under this Agreement; (2) keeps records of any Partner Organization disclosures of Confidential District Information, including the names of the parties to which Partner Organization may have disclosed Confidential District Information and the legitimate interests under this Agreement or the Privacy Laws which such parties requested or obtained the Confidential District Information from Partner Organization; (3) destroys the Confidential District Information when it is no longer needed by Partner Organization for meeting its performance obligations under this Agreement; and (4) otherwise complies with the Privacy Laws. C. Limited Disclosure, Access and Use. Partner Organization will abide by any and all conditions imposed by the District on the disclosure of Confidential District Information, including any de-identified or derived data from such information provided by the District, and agrees to manage and maintain it in accordance with the Privacy Laws. 1. Partner Organization and its officers, employees, and agents receiving Confidential District Information agrees to hold such information in strict confidence and use the information only for the limited purpose for which the disclosure was made. RFP P004-24 K-12 Computer Science and Technology Materials and Resources 27 2. Partner Organization affirms that its services will be conducted in a manner that does not disclose the Confidential District Information to anyone who is not an authorized representative of Partner Organization. 3. Partner Organization agrees not to use the Confidential District Information for any purpose other than the purposes for which the disclosure was sought from the District and made to Partner Organization. 4. The approval to use the Confidential District Information for one purpose does not confer approval to use the Confidential District Information for another or different purpose. Partner Organization shall not use any Confidential District Information, whether or not it is de-identified or aggregated, for any other commercial purpose than to provide the services which District has purchased from Partner Organization. 5. Partner Organization shall not store or transmit any Confidential District Information outside U.S. territory. 6. Upon termination, cancellation, expiration, or other conclusion of this Agreement, Partner Organization shall return all Confidential District Information to the District, or if return is not feasible, destroy any and all such information, except that backup files made in the normal course of business may be retained per Partner Organization’s data retention policy, for regulatory compliance. Partner may destroy the Confidential District Information when it is no longer needed for purposes for which it was disclosed or as authorized in this Agreement. Partner Organization shall confirm the date that any Confidential District Information was returned or destroyed by delivering to the District the certificate attached hereto as Attachment 1. D. Reporting of Unauthorized Disclosures of Regulated Information 1. Partner Organization shall, as soon as possible, but in no event more than five (5) business days of discovery, report to the District any Data Incident. Partner Organization’s written report shall identify (i) the nature of the Data Incident, (ii) what information was used or disclosed, (iii) who or what was the cause of the Data Incident, (iv) who may have had access to any Confidential District Information, PII, or Regulated information, (v) what Partner Organization has done or shall do to mitigate harm from the Data Incident, and (vi) what corrective action Partner Organization has taken or shall take to prevent future similar Data Incidents. Partner Organization shall provide such other information, including a written report, as reasonably requested by the District. Partner Organization shall ensure that Temporary Employees comply with the terms of this section. 2. Partner Organization shall fully and completely cooperate with any investigation undertaken by the District to investigate, identity, remediate, or provide notification to affected individuals should any Data Incident occur. 3. In its sole discretion, the District may immediately terminate this Agreement, along with any other agreements with Partner Organization which incorporate this Agreement, if it determines it is not possible to repair or correct the Data Incident. E. Information Security Safeguards. Partner Organization shall, at all times that it accesses, stores, transmits, maintains or processes Confidential District Information have in place reasonable and appropriate administrative, physical, and technical safeguards to protect the confidentiality, integrity, and availability of such information. These industry standard controls will include at a minimum: access controls, including multifactor authentication to the systems and accounts which will house the Student Records; audit records; malware and virus protection; system, network, computer, and application protections; employee training as to cybersecurity threats; and encryption of all data at rest, including on RFP P004-24 K-12 Computer Science and Technology Materials and Resources 28 any device or system including USB drive, internal or removable hard drive, or any cloud-based platform; and, encryption of all data in transit, including the transfer of any data via email or to/from cloud storage platform. Any encryption processes or procedures shall meet the requirements of Federal Information Processing Standard 140-2. F. Industry Standard Datacenter Audit. On an annual basis, Partner Organization will have an SSAE-18 (or its successor standard), ISO, or other nationally recognized technology controls audit conducted, and any audit report should specifically address the controls of the systems in which any Confidential District Information, PII, or Regulated Information are housed, and related control objectives of Partner Organization. Such audit shall be performed by a third party experienced in performing system security audits. Partner Organization shall promptly provide District with a copy of the results of the audit upon District’s written request. If such audit report indicates any deficiencies in the security standards utilized by Partner Organization, then Partner Organization shall provide District with a response to each identified deficiency, and shall promptly undertake, at Partner Organization's expense, to remedy any material deficiencies, and shall report to District when such material deficiencies have been remedied. SECTION III SPECIAL PROVISIONS RELATED TO EDUCATION RECORDS A. Purpose. Partner Organization, by providing certain institutional services and functions on behalf of the District, may require access to a student’s Education Records to effectively deliver its services. Partner Organization further agrees to be under the direct control of the District with respect to the maintenance of student Education Records relating to the governance, use, and re-disclosure of Personally Identifiable Information, which will be in accordance with, and contingent upon compliance with FERPA and the Children's Online Privacy Protection Act ("COPPA") (15 U.S.C. §§ 6501–6506). B. Minimum Necessary. In order to perform the service(s) described in the Service Agreement, the Partner Organization agrees that it will limit the collection and/or utilization of Education Records to the minimum necessary. C. Qualified FERPA Exception. Partner Organization understands and agrees that the purpose and contemplated use of the Education Records disclosed by the District is solely to provide the educational services for, or on behalf of the District described herein. The Partner Organization shall be designated a "school official" according to FERPA and District policy, as an organization to which the District has outsourced institutional services or functions for which the District would otherwise utilize its own employees. The Partner Organization acknowledges that it is under the direct control of the District for the purposes of use and maintenance of Education Records disclosed pursuant to this Agreement, and that the Partner Organization agrees to comply with the applicable provisions of FERPA in order to safeguard the confidentiality of Education Records and student information. D. Redisclosure. Education Records may only be re-disclosed by Partner Organization to a third party with the prior written approval of the District, in accordance with this Agreement, or in compliance with FERPA and its regulations. E. Remedies, Penalties, Indemnification. The failure to comply with the requirements of FERPA or COPPA could subject Partner Organization and third parties to penalties under state and federal law. Partner Organization acknowledges there may be no adequate remedy at law for any breach of its obligations hereunder, that any such breach will result in irreparable harm to the District, and therefore, that upon any such breach or threatened breach, the District shall be entitled to seek appropriate equitable relief including specific performance and any additional remedies the law may allow, including injunctive relief. RFP P004-24 K-12 Computer Science and Technology Materials and Resources 29 SECTION IV INDEMNIFICATION A. Partner Organization will indemnify, defend, and hold harmless District and District’s affiliates, officers, directors, and employees from and against any third-party claims, demands, causes of action, judgments, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from or relating to Partner Organization’s or any of Partner Organization’s employees (including Temporary Employees), agents, contractors, or representatives unauthorized use, misuse, or illegal use of Confidential District Information, Education Records, or Personally Identifiable Information, or for any breach of this Agreement by Partner Organization. The District and any indemnified party shall cooperate and comply with the reasonable requests of Partner Organization in connection with the defense of any such claim. The receipt or providing such assistance is not a waiver of any alleged breach nor does the acceptance of such assistance constitute a waiver of any such breach by the District. Partner Organization shall control the defense and settlement of any such claim. B. If Partner Organization's conduct triggers any third-party notice requirements under applicable Privacy Laws, Partner Organization shall indemnify the District for any actual and reasonable notification- related costs incurred by the District. SECTION V GENERAL TERMS AND CONDITIONS A. Coordination with Partner Organization Authorized Representatives. During the term of this Agreement, Partner Organization will fully coordinate all of its services provided hereunder with the District through its designated authorized representative. 1. The authorized representative signatory below has authority to bind Partner Organization to the terms and conditions of this Agreement. 2. The authorized representative signatory shall also be responsible for requiring Partner Organization personnel and other authorized representatives of Partner Organization accessing information from District records to execute affidavits of nondisclosure or other documentation indicating that each person will be held accountable for the proper management, use, and protection of all information and records provided by District. B. Temporary Employees. Partner Organization shall ensure that Temporary Employees comply with the same terms and conditions set forth in this Agreement. C. Examination of Records. 1. Partner Organization will keep true and complete records of any and all data received, exchanged, and shared between and amongst its employees, agents, subcontractors, and volunteers pursuant to this Agreement. Upon reasonable request, Partner Organization shall provide access to such records to District at a mutually agreed time. 2. Partner Organization agrees that it will keep and preserve all business records and reports created during the course of this Agreement for at least three (3) years from the date of receipt under this Agreement, except that Confidential District Information shall be returned or destroyed in accordance with the provisions of Section II.F.6 of this Agreement. Notwithstanding the foregoing, any reports generated under Section II, Subsection D (Reporting of Unauthorized Disclosures of Regulated Information), shall be preserved for a minimum of five (5) years. RFP P004-24 K-12 Computer Science and Technology Materials and Resources 30 D. Modification. This Agreement shall only be modified in writing signed by duly authorized representatives of both Partner Organization and the District. All requests for modifications should be directed to the authorized representative of the District and Partner Organization. E. Notice. Any notice this Agreement requires must be in writing and will be effective only if sent by certified U.S. mail, return receipt requested, or via electronic mail, to an authorized representative provided in this Agreement, which is as follows: Partner Organization: District: Bryan Dunne bryan.dunne@ops.org With Copies to: Megan Neiles-Brasch Megan.Neiles-Brasch@ops.org Office of the General Counsel Omaha Public Schools 3215 Cuming Street Omaha, NE 68131 F. Term. The effective date begins on the next business day that follows after each authorized representative of Partner Organization and the District executes this Agreement and it shall expire at the time Partner Organization no longer provides its services or is terminated in accordance with this Agreement; provided, however, a lapse or stoppage of services by Partner Organization as a result of the District’s school year ending that timely resumes with the commencement of the next District school year shall not be construed or interpreted as the termination of this Agreement; furthermore, at the beginning of each school year, upon re-execution by each authorized representative of the District and Partner Organization, the parties mutually agree this Agreement is revived according to the same, or any amended terms and conditions contained herein. G. Subcontractors. Partner Organization shall require any subcontractor to comply with the provisions of this Agreement, including, but not limited to, to use the same care to protect the confidentiality, integrity, and availability of such records as Partner Organization will use. Upon termination of any contractor or subcontractor agreement or engagement Partner Organization shall ensure all Confidential District Information, PII, or Regulated Information, in possession of any contractor or subcontractor will either be destroyed or returned, and Partner Organization will provide documentation of destruction or return of such records to the District. In no circumstances should a non-US based contractor or subcontractor be provided access to District information without prior approval of the District. H. Termination. The District may terminate this Agreement for convenience with thirty (30) days' prior written notice with brief description of the reason for the termination to the Partner Organization. I. Compliance with Federal and State Confidentiality and Privacy Laws. Partner Organization and the District agree and understand this Agreement must be in compliance with all relevant Privacy Laws. In the event of a conflict between this Agreement and any Privacy Laws, Privacy Laws shall control. In the event of conflict or uncertainty interpreting controlling law regarding the collection, access, use, or disclosure of Regulated Information, a party will resolve the uncertainty or conflict in favor of prohibiting the collection, access, use, or disclosure of such information. RFP P004-24 K-12 Computer Science and Technology Materials and Resources 31 J. Compliance with District Policies. Partner Organization agrees to comply with the applicable written District Board of Education policies, which hereafter by this reference are incorporated into and enforceable under this Agreement. K. Governing Law and Jurisdiction. In the event that any disputes arise from this Agreement, the parties agree to submit such disputes to the state or federal courts located within Douglas County, Nebraska, and such courts shall have exclusive jurisdiction over the disputes. The parties agree that Nebraska law will govern such disputes that arise from this Agreement, without regard to rules regarding conflicts of law. L. Independent Contractor. The parties are independent contractors in their relationship to one another and are not, by virtue of this Agreement or otherwise, made agents, employees, employers or joint venturers of one another. Neither party shall have authority to bind the other. In furtherance of the foregoing, and not in limitation thereof, no Partner Organization employee (including Temporary Employees), contractor, representative, or agent shall be entitled to participate in any group insurance program or to take advantage of any other rights, privileges or employee benefit plans established for employees of the District. The District shall not be obligated to pay employment taxes on or make withholdings in connection with compensation paid to any Partner Organization employee, contractor, representative, or agent. Partner Organization is responsible for all such taxes related to such compensation paid hereunder, including any federal and state income tax, employment tax, social security, or any other obligations under laws or requirements of governmental bodies, and shall indemnify the District against any taxes, liabilities, penalties or costs incurred by the District arising out of any failure of Partner Organization to pay such taxes or from reclassification of any Partner Organization employee, contractor, representative, or agent from an independent contractor to an employee of the District. The District will not reimburse Partner Organization for, or provide Partner Organization or Partner Organization's employees, representatives, or agents with, any form of insurance benefits, pension benefits, vacation or holiday benefits or any other benefits or expenses whatsoever. M. Work Eligibility. Pursuant to Neb. Rev. Stat. §§ 4-108 through 114, Partner Organization shall use a federal electronic verification program authorized by the Illegal Immigration Reform and Immigration Responsibility Act of 1996, 8 U.S.C. §1324 ("E-verify Program" or an equivalent federal program designated by the Department of Homeland Security or other authorized federal agency) to verify the work eligibility status of new employees physically performing services within the State of Nebraska. N. Non-Discrimination. Partner Organization agrees to abide by the requirements of the following as applicable: Title VI and VII of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972 and the Pregnancy Discrimination Act of 1978, Federal Executive Order 11246, the Federal Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran's Readjustment Assistance Act of 1974, Title IX of the Education amendments of 1972, the Age Act of 1972, the Americans With Disabilities Act of 1990, the Genetic Information Nondiscrimination Act of 2008, and the Nebraska Fair Employment Practice Act, Neb. Rev. Stat. §48-1122. Partner Organization agrees not to discriminate in its employment practices, and will render services under this Agreement without regard to race, color, national origin, religion, sex (including pregnancy), marital status, sexual orientation, disability, age, genetic information, gender identity, gender expression, citizenship status, veteran status, political affiliation or economic status. Any act of discrimination committed by Partner Organization or failure to comply with these statutory obligations when applicable shall be grounds for termination of this Agreement. O. Survival of Certain Provisions. The terms and conditions of this Agreement and any exhibits and attachments that by reasonable implication contemplate continued performance, rights, or compliance beyond expiration or termination of the Agreement survive the Agreement and will continue to be enforceable. RFP P004-24 K-12 Computer Science and Technology Materials and Resources 32 P. No Agency Created. Partner Organization agrees and understands that no authority exists through this Agreement permitting Partner Organization to enter into any third party contract, assume any obligation, or make any representation to third parties on behalf of, or which may bind the District. Q. Authorized Representative. Partner Organization certifies that the individual signing below on its behalf is fully authorized to do so, is fully authorized to bind and commit Partner Organization to the obligations set forth herein, and that no other consents or authorizations are needed to bind Partner Organization to the terms of this Agreement. R. Contract Documents. This Agreement consists of the following attachments which are incorporated herein and made a part hereof by reference which are found after the signature page: Exhibit 1, Certification of Destruction/Return of Confidential District Information. Partner Organization hereby signifies its acceptance of the terms and conditions of this Agreement. Service Agreement: [signature page to follow] Agreed to: Agreed to: Douglas County School District 0001 a/k/a Omaha Public Schools 3215 Cuming Street Omaha, Nebraska 68131 By: By: Name: Name: Title: Title: President, Board of Education Date: Date: Attest: By: Title: Secretary, Board of Education RFP P004-24 K-12 Computer Science and Technology Materials and Resources 33 EXHIBIT 1 Certification of Destruction/Return of Confidential District Information I\We, __________________________, as the authorized representative(s) of the Partner Organization (identified below) do hereby acknowledge and certify under penalty of perjury that [check one]: _____ (a) the Confidential District Information provided Partner Organization pursuant to the District Data Protection Agreement was destroyed. Further, all Regulated Information was destroyed by: (a) shredding; (b) permanently erasing and deleting; (c) degaussing; or (d) otherwise modifying the Confidential Information in such records to make it unreadable, unreconstructable, and indecipherable through any means, in accordance with NIST 800-88 or an equivalent standard. ______ (b) the Confidential District Information provided Partner Organization pursuant to the District Data Protection Agreement has been returned. Print Name: ______________________________________________ Date: ____________ Title: _____________________________________________________________________ Partner Organization/Agency: _________________________________________________ Signature: _______________________________________________________________ 6301661.3