Child Care Training Videos

STATE OF SOUTH DAKOTA OFFICE OF PROCUREMENT MANAGEMENT 523 EAST CAPITOL AVENUE PIERRE, SOUTH DAKOTA 57501-3182 Child Care Training Videos PROPOSALS ARE DUE NO LATER THAN JULY 28, 2021 by 5:00pm CDT RFP 2418 BUYER: Office of Licensing and Accreditation POC: Dawson Lewis Dawson.Lewis@State.sd.us READ CAREFULLY FIRM NAME: AUTHORIZED SIGNATURE: (Digital Signature allowed) ADDRESS: TYPE OR PRINT NAME: CITY/STATE: TELEPHONE NO: ZIP (9 DIGIT): FAX NO: FEDERAL TAX ID#: E-MAIL: PRIMARY CONTACT INFORMATION CONTACT NAME: TELEPHONE NO: FAX NO: E-MAIL: RFP 2418 Child Care Training Videos Page 2 of 20 1.0 GENERAL INFORMATION 1.1 PURPOSE OF REQUEST FOR PROPOSAL (RFP) The Department of Social Services (DSS), Office of Licensing and Accreditation, is in search of a vendor that can create and produce instructional and training videos to be available on the DSS website for parents and providers. 1.2 ISSUING OFFICE AND RFP REFERENCE NUMBER The

Office of Licensing and Accreditation is the issuing office for this document and all subsequent addenda relating to it, on behalf of the State of South Dakota, Office of Licensing and Accreditation. The reference number for the transaction is RFP 2418. Refer to this number on all proposals, correspondence, and documentation relating to the RFP. Please refer to the Department of Social Services website link http://dss.sd.gov/keyresources/rfp.aspx for the RFP, any related questions/answers, changes to schedule of activities, amendments, etc. 1.3 LETTER OF INTENT All interested offerors are requested to submit a non-binding Letter of Intent to respond to this RFP. While preferred, a Letter of Intent is not mandatory to submit a proposal. The letter of intent must be received by email in the Department of Social Services by no later than July 6, 2021 and must be addressed to Dawson.Lewis@State.sd.us. Place the following, exactly as written, in the subject line of your email: Letter of Intent for RFP 2418. Be sure to reference the RFP number in any attached letter or document. 1.4 SCHEDULE OF ACTIVITIES (SUBJECT TO CHANGE) RFP Publication June 21, 2021 Letter of Intent to Respond Due July 6, 2021 Deadline for Submission of Written Inquiries July 12, 2021 Responses to Offeror Questions July 19, 2021 Deadline to request SFTP folder Jul7 19, 2021 Proposal Submission July 28, 2021 5:00pm CDT Oral Presentations/discussions (if required) Deadline for Completion of Site Visits (if required) N/A N/A Proposal Revisions (if required) N/A Anticipated Award Decision/Contract Negotiation Anticipated contract start date August 20, 2021 October 1, 2021 1.5 SUBMITTING YOUR PROPOSAL All proposals must be completed and received in the Department of Social Service Office of Licensing and Accreditation by the date and time indicated in the Schedule of Activities. Proposals received after the deadline will be late and ineligible for consideration. http://dss.sd.gov/keyresources/rfp.aspx RFP 2418 Child Care Training Videos Page 3 of 20 Proposals maybe submitted as PDF’s via Secured File Transfer Protocol (SFTP). Offerors must request an SFTP folder no later than July 19, 2021, by emailing Dawson Lewis at the email indicated on page one. The subject line should be “RFP 2418 SFTP Request”. The email should contain the name and the email of the person who will be responsible for uploaded the document(s). Please note, Offeror will need to work with their own technical support staff to set up an SFTP compatible software on Offeror’s end. While the State of South Dakota can answer questions, State of South Dakota is not responsible for the software required. No proposal may be accepted from, or any contract or purchase order awarded to any person, firm or corporation that is in arrears upon any obligations to the State of South Dakota, or that otherwise may be deemed irresponsible or unreliable by the State of South Dakota. 1.6 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS By signing and submitting this proposal, the Offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation, by any Federal department or agency, from transactions involving the use of Federal funds. Where the Offeror is unable to certify to any of the statements in this certification, the bidder shall attach an explanation to their offer. 1.7 NON-DISCRIMINATION STATEMENT The State of South Dakota requires that all contractors, vendors, and suppliers doing business with any State agency, department, or institution, provide a statement of non-discrimination. By signing and submitting their proposal, the Offeror certifies they do not discriminate in their employment practices with regard to race, color, creed, religion, age, sex, ancestry, national origin or disability. 1.8 RESTRICTION OF BOYCOTT OF ISRAEL For contractors, vendors, suppliers, or subcontractors with five (5) or more employees who enter into a contract with the State of South Dakota that involves the expenditure of one hundred thousand dollars ($100,000) or more, by submitting a response to this solicitation or agreeing to contract with the State, the bidder or Offeror certifies and agrees that the following information is correct: The bidder or Offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, has not refused to transact business activities, has not terminated business activities, and has not taken other similar actions intended to limit its commercial relations, related to the subject matter of the bid or offer, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel or its territories, with the specific intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or Offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or Offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination. 1.9 MODIFICATION OR WITHDRAWAL OF PROPOSALS Proposals may be modified or withdrawn by the Offeror prior to the established due date and time. RFP 2418 Child Care Training Videos Page 4 of 20 No oral, telephonic, telegraphic or facsimile responses or modifications to informal, formal bids, or Request for Proposals will be considered. 1.10 OFFEROR INQUIRIES Offerors may email inquiries concerning this RFP to obtain clarification of requirements. No inquiries will be accepted after July 12, 2021. Email inquiries must be sent to Dawson.Lewis@state.sd.us with the following wording, exactly as written, in the subject line: RFP 2418 Questions. The Department of Social Services (DSS) will respond to offerors’ inquiries by posting Offeror aggregated questions and Department responses on the DSS website at http://dss.sd.gov/keyresources/rfp.aspx no later than July 19, 2021. For expediency, DSS may combine similar questions. Offerors may not rely on any other statements, either of a written or oral nature, that alter any specification or other term or condition of this RFP. Offerors will be notified in the same manner as indicated above regarding any modifications to this RFP. 1.11 PROPRIETARY INFORMATION The proposal of the successful Offeror(s) becomes public information. Proprietary information can be protected under limited circumstances such as client lists and non-public financial statements. Pricing and service elements are not considered proprietary. An entire proposal may not be marked as proprietary. Offerors must clearly identify in the Executive Summary and mark in the body of the proposal any specific proprietary information they are requesting to be protected. The Executive Summary must contain specific justification explaining why the information is to be protected. Proposals may be reviewed and evaluated by any person at the discretion of the State. All materials submitted become the property of the State of South Dakota and may be returned only at the State's option. Offerors may submit a redacted copy of their proposal when they respond though this is optional. 1.12 LENGTH OF CONTRACT Contract end date will be May 31, 2022. A one-year extension may be considered should additional videos be requested. 1.13 GOVERNING LAW Venue for any and all legal action regarding or arising out of the transaction covered herein shall be solely in Hughes County, State of South Dakota. The laws of South Dakota shall govern this transaction. 1.14 DISCUSSIONS WITH OFFERORS (ORAL PRESENTATION/NEGOTIATIONS) An oral presentation by an Offeror to clarify a proposal may be required at the sole discretion of the State. However, the State may award a contract based on the initial proposals received without discussion with the Offeror. If oral presentations are required, they will be scheduled after the submission of proposals. Oral presentations will be made at the Offeror’s expense. This process is a Request for Proposal/Competitive Negotiation process. Each Proposal shall be evaluated, and each respondent shall be available for negotiation meetings at the State’s request. The State reserves the right to negotiate on any and/or all components of every proposal submitted. From the time the proposals are submitted until the formal award of a contract, each proposal is considered a mailto:Dawson.Lewis@state.sd.us http://dss.sd.gov/keyresources/rfp.aspx RFP 2418 Child Care Training Videos Page 5 of 20 working document and as such, will be kept confidential. The negotiation discussions will also be held as confidential until such time as the award is completed. 2.0 STANDARD AGREEMENT TERMS AND CONDITIONS Any contract or agreement resulting from this RFP will include, at minimum, the State’s standard terms and conditions as seen in Attachment A. As part of the negotiation process, the contract terms listed in Attachment A may be altered or deleted. The Offeror should indicate in their response any issues they have with any specific contract terms. If the Offeror does not indicate any contract term issues, then the State will assume the terms are acceptable. The Offeror should indicate in their response any issues they have with any specific contract terms. If the Offeror does not indicate any contract term issues, then the State will assume the terms are acceptable. 3.0 SCOPE OF WORK The Request for Proposal seeks proposals to produce at least nine short instructional videos and two training videos to include subsections on various topics involving childcare. The purpose of the videos is to explain the State Child Care Assistance; State Child Care Licensing; and Quality Resources surrounding childcare to parents and childcare providers. The videos will be featured on the State Child Care Services website. The State is the sole owner of all content and materials developed under this Request for Proposal 3.1 Technical Requirements: • The instructional videos should each be no more than four-five minutes in length. • The training videos should be no more than 45 minutes in length and be able to be viewed in its entirety or as individual topics broken into subsections. • The videos can include live action, animation, white board, motion graphic, or screencast. Videos may utilize a different style as the Offeror provides recommendations based on video content. • Videos are to have webcasting capability and quality. • Videos should be capable of being reduced and expanded in size without diminishing quality. • File format should be capable for use on the DSS website and social media platforms. • If used, graphics must represent South Dakota demographics. • Video’s will utilize State Department of Social Services logo. • All videos shall include a script that is approved by the State. • Identified videos shall include closed captioning and subtitling in Spanish. 3.2 Proposed Video Content: • Child Care Assistance (Subsidy) Information for parents – Instructional (English and Spanish versions) • Child Care Assistance (Subsidy) Information for childcare providers – Instructional • Child Care Assistance (Subsidy) Benefits for parents and providers – Instructional (English and Spanish versions) • Early Childhood Enrichment system (Quality Resource) for providers – Instructional • Child Care Provider Background Screening Process (Licensing) – Instructional • Child Care Center Director Orientation (Licensing) – Instructional o Staff record requirements o Child record requirements o Emergency Preparedness o Expulsion policy o Staff supervision and regulation compliance oversight RFP 2418 Child Care Training Videos Page 6 of 20 o Required reporting – Incidences or changes in circumstance; Serious injury or death; Contagious diseases; and Child abuse and neglect • Family Day Care Provider Registration Process (Licensing) – Instructional • Child Care Center Licensing Process (Licensing) – Instructional • In-formal and in-home process (Licensing) – Instructional • Family Day Care Regulation Overview (Licensing) – Training o Requirements for a provider and helper ▪ Health requirements ▪ Backgrounds screenings ▪ Training o Required reporting and record keeping ▪ Incidences or changes in circumstances; ▪ Serious injury or death; ▪ Contagious diseases; and ▪ Child abuse and neglect o Home requirements ▪ Basement requirements and exiting requirements ▪ Smoke detectors and fire extinguishers ▪ Water source and temperature ▪ Heating, ventilation, and lighting ▪ Electrical outlet covers ▪ Insect and rodent control ▪ Food quality and storage ▪ Railings ▪ Sanitation ▪ Playground area and equipment ▪ Water safety ▪ Pets o Care requirements ▪ Safe sleep ▪ Discipline ▪ Supervision ▪ Number of children in care ▪ Medication administration ▪ Care of sick children ▪ Food and allergic reactions ▪ Bottle propping and nutrition ▪ Handwashing ▪ Parental observation ▪ Presence of the provider o Emergency Preparedness Plan • Child Care Licensing Regulation Overview (Licensing) – Training o Qualifications of Individual Responsible for Program Planning & Staff Qualifications o Staff Orientation, Progressive Health & Safety, and Annual Training requirements o Staff and Children’s record requirements and confidentiality o Required reporting – ▪ Incidences or changes in circumstance; ▪ Serious injury or death; ▪ Contagious diseases; and ▪ Child abuse and neglect o Program standards; discipline; ratios; supervision; nutrition; sleeping areas; diapering; bottle propping; transportation; parent involvement; and medications; o Environmental requirements – ▪ Heating & cooling systems; ▪ Fire and life safety; ▪ Standard precautions; RFP 2418 Child Care Training Videos Page 7 of 20 ▪ Railings; ▪ Cleaning & sanitizing; ▪ Handwashing 3.3 Proposed timeline for videos: All videos are to be final and ready for placement on the DSS website no later than May 31, 2022. 3.4 Proposal and Response format: All proposals should include the following information: 1. A title page with the company’s complete legal name and the name under which the company is doing business if different from the legal name, address, telephone number, contact person including title and email address. 2. An introduction letter summarizing the company’s background, resources, and relevant experience. 3. Cost estimate for the project. 4. Examples of three relevant past projects. These examples should include a brief summary of each project and a video sample of the project. The three video samples can be submitted as links to online copies. Or they can be uploaded to the SFTP folder. 5. List of at least three professional references. Please include references as Attachment B in your proposal 4.0 PROPOSAL REQUIREMENTS AND COMPANY QUALIFICATIONS 4.1 The Offeror is cautioned that it is the Offeror's sole responsibility to submit information related to the evaluation categories and that the State of South Dakota is under no obligation to solicit such information if it is not included with the proposal. The Offeror's failure to submit such information may cause an adverse impact on the evaluation of the proposal. 4.2 Offeror's Contacts: Offerors and their agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all of their questions or comments regarding the RFP, the evaluation, etc. to the point of contact of the buyer of record indicated on the first page of this RFP. Offerors and their agents may not contact any state employee other than the buyer of record regarding any of these matters during the solicitation and evaluation process. Inappropriate contacts are grounds for suspension and/or exclusion from specific procurements. Offerors and their agents who have questions regarding this matter should contact the buyer of record. 4.3 Provide the following information related to at least three previous and current service/contracts performed by the Offeror’s organization which are similar to the requirements of this RFP. Provide this information as well for any service/contract that has been terminated, expired or not renewed in the past three years: a. Name, address and telephone number of client/contracting agency and a representative of that agency who may be contacted for verification of all information submitted; b. Dates of the service/contract; and c. A brief, written description of the specific prior services performed and requirements thereof. 4.4 The Offeror must submit information that demonstrates their availability and familiarity with the locale in which the project (s) are to be implemented. 4.5 The Offeror must detail examples that document their ability and proven history in handling special project constraints. 4.6 The Offeror must describe their proposed project management techniques. 4.6.1 The qualifications of the personnel proposed by the Consultant to perform the requirements of this RFP. Therefore, the Consultant should submit detailed information related to the experience and qualifications, including education and training, of proposed personnel. RFP 2418 Child Care Training Videos Page 8 of 20 4.7 If an Offeror’s proposal is not received on time, the proposal will not be reviewed. 5.0 PROPOSAL RESPONSE FORMAT 5.1 Only a PDF copy shall be submitted. 5.1.1 As outlined in section 1.5 “SUBMITTING YOUR PROPOSAL” proposals shall only be submitted electronically via SFTP. 5.1.2 The proposal should be page numbered and should have an index and/or a table of contents referencing the appropriate page number. 5.2 All proposals must be organized and have a separator page between each of the following headings. The separator page should have the heading names on it. 5.2.1 RFP Form. The State’s Request for Proposal form completed and signed. 5.2.2 Executive Summary. The one- or two-page executive summary is to briefly describe the Offeror's proposal. This summary should highlight the major features of the proposal. It must indicate any requirements that cannot be met by the Offeror. The reader should be able to determine the essence of the proposal by reading the executive summary. Proprietary information requests should be identified in this section. 5.2.3 Detailed Response. This section should constitute the major portion of the proposal and must contain at least the following information: 5.2.3.1 A complete narrative of the Offeror's assessment of the work to be performed, the Offeror’s ability and approach, and the resources necessary to fulfill the requirements. This should demonstrate the Offeror's understanding of the desired overall performance expectations. 5.2.3.2 A specific point-by-point response, in the order listed, to each requirement in the RFP as detailed in Sections 3 and 4. The response should identify each requirement being addressed as enumerated in the RFP. 5.2.3.3 A clear description of any options or alternatives proposed. 5.2.4 Cost Proposal. Cost will be evaluated independently from the technical proposal. Offerors may submit multiple cost proposals. All costs related to the provision of the required services must be included in each cost proposal offered. See section 7.0 for more information related to the cost proposal. 6.0 PROPOSAL EVALUATION AND AWARD PROCESS 6.1 After determining that a proposal satisfies the mandatory requirements stated in the Request for Proposal, the evaluator(s) shall use subjective judgment in conducting a comparative assessment of the proposal by considering each of the following criteria listed in order of importance: 6.1.1 Specialized expertise, capabilities, and technical competence as demonstrated by the proposed approach and methodology to meet the project requirements (Sections 3 and 4.6.1) 6.1.2 Resources available to perform the work, including any specialized services, within the specified time limits for the project; (Section 3) RFP 2418 Child Care Training Videos Page 9 of 20 6.1.3 Cost proposal; (Sections 5.2.4 and 7) 6.1.4 Proposed project management techniques; (Section 4.6) 6.1.5 Record of past performance, including price and cost data from previous projects, quality of work, ability to meet schedules, cost control, and contract administration; (Section 4.3) 6.1.6 Ability and proven history in handling special project constraints; (Section 4.4) 6.1.7 Availability to the project locale; (Section 4.4) 6.1.8 Familiarity with the project locale; (Section 4.4) 6.2 Experience and reliability of the Offeror's organization are considered subjectively in the evaluation process. Therefore, the Offeror is advised to submit any information which documents successful and reliable experience in past performances, especially those performances related to the requirements of this RFP. 6.3 The qualifications of the personnel proposed by the Offeror to perform the requirements of this RFP, whether from the Offeror's organization or from a proposed subcontractor, will be subjectively evaluated. Therefore, the Offeror should submit detailed information related to the experience and qualifications, including education and training, of proposed personnel. 6.4 The State reserves the right to reject any or all proposals, waive technicalities, and make award(s) as deemed to be in the best interest of the State of South Dakota. 6.5 Award: The requesting agency and the highest ranked Offeror shall mutually discuss and refine the scope of services for the project and shall negotiate terms, including compensation and performance schedule. 6.5.1 If the agency and the highest ranked Offeror are unable for any reason to negotiate a contract at a compensation level that is reasonable and fair to the agency, the agency shall, either orally or in writing, terminate negotiations with the contractor. The agency may then negotiate with the next highest ranked contractor. 6.5.2 The negotiation process may continue through successive offerors, according to agency ranking, until an agreement is reached or the agency terminates the contracting process. 6.5.3 Only the response of the vendor awarded work becomes public. Responses to work orders for vendors not selected and the evaluation criteria and scoring for all proposals are not public. SDCL 1-27-1.5 and See SDCL 1-27-1.5 and 1-27-1.6. 7.0 COST PROPOSAL The cost proposal must include but is not limited to: • Project Management • Development Cost per video There is no standard format for the cost proposal. Your proposal should be listed as Attachment C in your response. DSS Purchase Order #22SC08 _ _ _ _ Consultant Contract # 22-0800- _ _ _ RFP 2418 Child Care Training Videos Page 10 of 20 ATTACHMENT A – Sample Contract STATE OF SOUTH DAKOTA DEPARTMENT OF SOCIAL SERVICES DIVISION OF ECONOMIC ASSISTANCE OFFICE OF CHILD CARE Consultant Contract For Consultant Services Between State of South Dakota Department of Social Services DIVISION OF ECONOMIC ASSISTANCE 700 Governors Drive Pierre, SD 57501-2291 Referred to as Consultant Referred to as State The State hereby enters into a contract (the “Agreement” hereinafter) for consultant services with the Consultant. While performing services hereunder, Consultant is an independent contractor and not an officer, agent, or employee of the State of South Dakota. 1. CONSULTANT’S South Dakota Vendor Number is . 2. PERIOD OF PERFORMANCE̘: This Agreement shall be effective as of October 1, 2021 and shall end on May 31, 2022, unless sooner terminated pursuant to the terms hereof. Agreement is the result of request for proposal process, RFP #_____ 3. PROVISIONS: A. The Purpose of this Consultant contract: 1. 2. Does this Agreement involve Protected Health Information (PHI)? YES ( ) NO ( X ) If PHI is involved, a Business Associate Agreement must be attached and is fully incorporated herein as part of the Agreement (refer to attachment) . 3. The Consultant will use state equipment, supplies or facilities. B. The Consultant agrees to perform the following services (add an attachment if needed.): 1. C. The State agrees to: 1. 2. Make payment for services upon satisfactory completion of services and receipt of bill. Payment will be in accordance with SDCL 5-26. DSS Purchase Order #22SC08 _ _ _ _ Consultant Contract # 22-0800- _ _ _ RFP 2418 Child Care Training Videos Page 11 of 20 3. Will the State pay Consultant expenses as a separate item? YES ( ) NO ( X ) If YES, expenses submitted will be reimbursed as identified in this Agreement. D. The TOTAL CONTRACT AMOUNT will not exceed $ . 4. BILLING: Consultant agrees to submit a bill for services within (30) days following the month in which services were provided. Consultant will prepare and submit a monthly bill for services. Consultant agrees to submit a final bill within 30 days of the Agreement end date to receive payment for completed services. If a final bill cannot be submitted in 30 days, then a written request for extension of time and explanation must be provided to the State. 5. TECHNICAL ASSISTANCE: The State agrees to provide technical assistance regarding Department of Social Services rules, regulations and policies to the Consultant and to assist in the correction of problem areas identified by the State’s monitoring activities. 6. LICENSING AND STANDARD COMPLIANCE: The Consultant agrees to comply in full with all licensing and other standards required by Federal, State, County, City or Tribal statute, regulation or ordinance in which the service and/or care is provided for the duration of this Agreement. The Consultant will maintain effective internal controls in managing the federal award. Liability resulting from noncompliance with licensing and other standards required by Federal, State, County, City or Tribal statute, regulation or ordinance or through the Consultant’s failure to ensure the safety of all individuals served is assumed entirely by the Consultant. 7. ASSURANCE REQUIREMENTS: The Consultant agrees to abide by all applicable provisions of the following: Byrd Anti Lobbying Amendment (31 USC 1352), Executive orders 12549 and 12689 (Debarment and Suspension), Drug- Free Workplace, Executive Order 11246 Equal Employment Opportunity, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, Drug Abuse Office and Treatment Act of 1972, Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, Age Discrimination Act of 1975, Americans with Disabilities Act of 1990, Pro-Children Act of 1994, Hatch Act, Health Insurance Portability and Accountability Act (HIPAA) of 1996 as amended, Clean Air Act, Federal Water Pollution Control Act, Charitable Choice Provisions and Regulations, Equal Treatment for Faith-Based Religions at Title 28 Code of Federal Regulations Part 38, the Violence Against Women Reauthorization Act of 2013 and American Recovery and Reinvestment Act of 2009, as applicable; and any other nondiscrimination provision in the specific statute(s) under which application for Federal assistance is being made; and the requirements of any other nondiscrimination statute(s) which may apply to the award. 8. COMPLIANCE WITH EXECUTIVE ORDER 2020-01: By entering into this Agreement, Consultant certifies and agrees that it has not refused to transact business activities, it has not terminated business activities, and it has not taken other similar actions intended to limit its commercial relations, related to the subject matter of this Agreement, with a person or entity that is either the State of Israel, or a company doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel to do business, or doing business in the State of Israel, with the specific intent to accomplish a boycott of divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to terminate this Agreement. Consultant further agrees to provide immediate written notice to the State if during the term of this Agreement it no longer complies with this certification and agrees such noncompliance may be grounds for termination of this Agreement. DSS Purchase Order #22SC08 _ _ _ _ Consultant Contract # 22-0800- _ _ _ RFP 2418 Child Care Training Videos Page 12 of 20 9. RETENTION AND INSPECTION OF RECORDS: The Consultant agrees to maintain or supervise the maintenance of records necessary for the proper and efficient operation of the program, including records and documents regarding applications, determination of eligibility (when applicable), the provision of services, administrative costs, statistical, fiscal, other records, and information necessary for reporting and accountability required by the State. The Consultant shall retain such records for a period of six years from the date of submission of the final expenditure report. If such records are under pending audit, the Consultant agrees to hold such records for a longer period upon notification from the State. The State, through any authorized representative, will have access to and the right to examine and copy all records, books, papers or documents related to services rendered under this Agreement. State Proprietary Information retained in Consultant’s secondary and backup systems will remain fully subject to the obligations of confidentiality stated herein until such information is erased or destroyed in accordance with Consultant’s established record retention policies. All payments to the Consultant by the State are subject to site review and audit as prescribed and carried out by the State. Any over payment of this Agreement shall be returned to the State within thirty days after written notification to the Consultant. 10. WORK PRODUCT: Consultant hereby acknowledges and agrees that all reports, plans, specifications, technical data, drawings, software system programs and documentation, procedures, files, operating instructions and procedures, source code(s) and documentation, including those necessary to upgrade and maintain the software program, State Proprietary Information, as defined in the Confidentiality of Information paragraph herein, state data, end user data, Protected Health Information as defined in 45 CFR 160.103, and all information contained therein provided to the State by the Consultant in connection with its performance of service under this Agreement shall belong to and is the property of the State and will not be used in any way by the Consultant without the written consent of the State. Paper, reports, forms, software programs, source code(s) and other materials which are a part of the work under this Agreement will not be copyrighted without written approval of the State. In the unlikely event that any copyright does not fully belong to the State, the State nonetheless reserves a royalty- free, non-exclusive, and irrevocable license to reproduce, publish, and otherwise use, and to authorize others to use, any such work for government purposes. Consultant agrees to return all information received from the State to State’s custody upon the end of the term of this Agreement, unless otherwise agreed in a writing signed by both parties. 11. TERMINATION: This Agreement may be terminated by either party hereto upon thirty (30) days written notice. In the event the Consultant breaches any of the terms or conditions hereof, this Agreement may be terminated by the State for cause at any time, with or without notice. Upon termination of this Agreement, all accounts and payments shall be processed according to financial arrangements set forth herein for services rendered to date of termination. 12. FUNDING: This Agreement depends upon the continued availability of appropriated funds and expenditure authority from the Legislature for this purpose. If for any reason the Legislature fails to appropriate funds or grant expenditure authority, or funds become unavailable by operation of the law or federal funds reduction, this Agreement will be terminated by the State. Termination for any of these reasons is not a default by the State nor does it give rise to a claim against the State. 13. ASSIGNMENT AND AMENDMENTS: DSS Purchase Order #22SC08 _ _ _ _ Consultant Contract # 22-0800- _ _ _ RFP 2418 Child Care Training Videos Page 13 of 20 This Agreement may not be assigned without the express prior written consent of the State. This Agreement may not be amended except in writing, which writing shall be expressly identified as a part hereof, and be signed by an authorized representative of each of the parties hereto. 14. CONTROLLING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota, without regard to any conflicts of law principles, decisional law, or statutory provision which would require or permit the application of another jurisdiction’s substantive law. Venue for any lawsuit pertaining to or affecting this Agreement shall be resolved in the Circuit Court, Sixth Judicial Circuit, Hughes County, South Dakota. 15. SUPERCESSION: All prior discussions, communications and representations concerning the subject matter of this Agreement are superseded by the terms of this Agreement, and except as specifically provided herein, this Agreement constitutes the entire agreement with respect to the subject matter hereof. 16. IT STANDARDS: Any software or hardware provided under this Agreement will comply with state standards which can be found at http://bit.sd.gov/standards/. 17. SEVERABILITY: In the event that any provision of this Agreement shall be held unenforceable or invalid by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement, which shall remain in full force and effect. 18. NOTICE: Any notice or other communication required under this Agreement shall be in writing and sent to the address set forth above. Notices shall be given by and to the Division being contracted with on behalf of the State, and by the Consultant, or such authorized designees as either party may from time to time designate in writing. Notices or communications to or between the parties shall be deemed to have been delivered when mailed by first class mail, provided that notice of default or termination shall be sent by registered or certified mail, or, if personally delivered, when received by such party. 19. SUBCONTRACTORS: The Consultant may not use subcontractors to perform the services described herein without express prior written consent from the State. The State reserves the right to reject any person from the Agreement presenting insufficient skills or inappropriate behavior. The Consultant will include provisions in its subcontracts requiring its subcontractors to comply with the applicable provisions of this Agreement, to indemnify the State, and to provide insurance coverage for the benefit of the State in a manner consistent with this Agreement. The Consultant will cause its subcontractors, agents, and employees to comply with applicable federal, state and local laws, regulations, ordinances, guidelines, permits and requirements and will adopt such review and inspection procedures as are necessary to assure such compliance. The State, at its option, may require the vetting of any subcontractors. The Consultant is required to assist in this process as needed. 20. STATE’S RIGHT TO REJECT: The State reserves the right to reject any person or entity from performing the work or services contemplated by this Agreement, who present insufficient skills or inappropriate behavior. 21. HOLD HARMLESS: The Consultant agrees to hold harmless and indemnify the State of South Dakota, its officers, agents and employees, from and against any and all actions, suits, damages, liability or other proceedings which may arise as the result of performing services hereunder. This section does not require the Consultant to be responsible for or defend against claims or damages arising solely from errors or omissions of the State, its officers, agents or employees. http://bit.sd.gov/standards/ DSS Purchase Order #22SC08 _ _ _ _ Consultant Contract # 22-0800- _ _ _ RFP 2418 Child Care Training Videos Page 14 of 20 22. INSURANCE: Before beginning work under this Agreement, Consultant shall furnish the State with properly executed Certificates of Insurance which shall clearly evidence all insurance required in this Agreement. The Consultant, at all times during the term of this Agreement, shall obtain and maintain in force insurance coverage of the types and with the limits listed below. In the event a substantial change in insurance, issuance of a new policy, cancellation or nonrenewal of the policy, the Consultant agrees to provide immediate notice to the State and provide a new certificate of insurance showing continuous coverage in the amounts required. Consultant shall furnish copies of insurance policies if requested by the State. A. Commercial General Liability Insurance: Consultant shall maintain occurrence-based commercial general liability insurance or an equivalent form with a limit of not less than $1,000,000 for each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two times the occurrence limit. B. Business Automobile Liability Insurance: Consultant shall maintain business automobile liability insurance or an equivalent form with a limit of not less than $500,000 for each accident. Such insurance shall include coverage for owned, hired, and non-owned vehicles. C. Worker’s Compensation Insurance: Consultant shall procure and maintain Workers’ Compensation and employers’ liability insurance as required by South Dakota law. D. Professional Liability Insurance: Consultant agrees to procure and maintain professional liability insurance with a limit not less than $1,000,000. (Medical Health Professional shall maintain current general professional liability insurance with a limit of not less than one million dollars for each occurrence and three million dollars in the aggregate. Such insurance shall include South Dakota state employees as additional insureds in the event a claim, lawsuit, or other proceeding is filed against a state employee as a result of the services provided pursuant to this Agreement. If insurance provided by Medical Health Professional is provided on a claim made basis, then Medical Health Professional shall provide “tail” coverage for a period of five years after the termination of coverage.) 23. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION: Consultant certifies, by signing this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by the federal government or any state or local government department or agency. Consultant further agrees that it will immediately notify the State if during the term of this Agreement either it or its principals become subject to debarment, suspension or ineligibility from participating in transactions by the federal government, or by any state or local government department or agency. 24. CONFLICT OF INTEREST: Consultant agrees to establish safeguards to prohibit employees or other persons from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain as contemplated by SDCL 5-18A-17 through 5-18A-17.6. Any potential conflict of interest must be disclosed in writing. In the event of a conflict of interest, the Consultant expressly agrees to be bound by the conflict resolution process set forth in SDCL 5-18A-17 through 5- 18A-17.6. 25. CONFIDENTIALITY OF INFORMATION: For the purpose of the sub-paragraph, “State Proprietary Information” shall include all information disclosed to the Consultant by the State. Consultant acknowledges that it shall have a duty to not DSS Purchase Order #22SC08 _ _ _ _ Consultant Contract # 22-0800- _ _ _ RFP 2418 Child Care Training Videos Page 15 of 20 disclose any State Proprietary Information to any third person for any reason without the express written permission of a State officer or employee with authority to authorize the disclosure. Consultant shall not: (i) disclose any State Proprietary Information to any third person unless otherwise specifically allowed under this Agreement; (ii) make any use of State Proprietary Information except to exercise rights and perform obligations under this Agreement; (iii) make State Proprietary Information available to any of its employees, officers, agents or consultants except those who have agreed to obligations of confidentiality at least as strict as those set out in this Agreement and who have a need to know such information. Consultant is held to the same standard of care in guarding State Proprietary Information as it applies to its own confidential or proprietary information and materials of a similar nature, and no less than holding State Proprietary Information in the strictest confidence. Consultant shall protect confidentiality of the State’s information from the time of receipt to the time that such information is either returned to the State or destroyed to the extent that it cannot be recalled or reproduced. State Proprietary Information shall not include information that (i) was in the public domain at the time it was disclosed to Consultant; (ii) was known to Consultant without restriction at the time of disclosure from the State; (iii) that is disclosed with the prior written approval of State’s officers or employees having authority to disclose such information; (iv) was independently developed by Consultant without the benefit or influence of the State’s information; (v) becomes known to Consultant without restriction from a source not connected to the State of South Dakota. State’s Proprietary Information shall include names, social security numbers, employer numbers, addresses and all other data about applicants, employers or other clients to whom the State provides services of any kind. Consultant understands that this information is confidential and protected under applicable State law at SDCL 1-27-1.5, modified by SDCL 1-27-1.6, SDCL 28-1-29, SDCL 28-1-32, and SDCL 28-1-68 as applicable federal regulation and agrees to immediately notify the State if the information is disclosed, either intentionally or inadvertently. The parties mutually agree that neither of them shall disclose the contents of the Agreement except as required by applicable law or as necessary to carry out the terms of the Agreement or to enforce that party’s rights under this Agreement. Consultant acknowledges that the State and its agencies are public entities and thus are bound by South Dakota open meetings and open records laws. It is therefore not a breach of this Agreement for the State to take any action that the State reasonably believes is necessary to comply with the South Dakota open records or open meetings laws. If work assignments performed in the course of this Agreement require additional security requirements or clearance, the Consultant will be required to undergo investigation. 26. REPORTING PROVISION: Consultant agrees to report to the State any event encountered in the course of performance of this Agreement which results in injury to any person or property, or which may otherwise subject Consultant, or the State of South Dakota or its officers, agents or employees to liability. Consultant shall report any such event to the State immediately upon discovery. Consultant's obligation under this section shall only be to report the occurrence of any event to the State and to make any other report provided for by their duties or applicable law. Consultant's obligation to report shall not require disclosure of any information subject to privilege or confidentiality under law (e.g., attorney-client communications). Reporting to the State under this section shall not excuse or satisfy any obligation of Consultant to report any event to law enforcement or other entities under the requirements of any applicable law. 27. DAVIS-BACON ACT When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). 28. COMPLIANCE WITH 40 U.S.C. 3702 AND 3704 Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). DSS Purchase Order #22SC08 _ _ _ _ Consultant Contract # 22-0800- _ _ _ RFP 2418 Child Care Training Videos Page 16 of 20 29. FUNDING AGREEMENT AND “RIGHTS TO INVENTION” If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Consultant must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. DSS Purchase Order #22SC08 _ _ _ _ Consultant Contract # 22-0800- _ _ _ RFP 2418 Child Care Training Videos Page 17 of 20 30. AUTHORIZED SIGNATURES: In witness hereto, the parties signify their agreement by affixing their signatures hereto. Consultant Signature Date Consultant Printed Name State - DSS Division Director Date State - DSS Chief Financial Officer Laurie Mikkonen Date State – DSS Cabinet Secretary Laurie R. Gill Date DSS Purchase Order #22SC08 _ _ _ _ Consultant Contract # 22-0800- _ _ _ RFP 2418 Child Care Training Videos Page 18 of 20 State Agency Coding: CFDA # Company Account Center Req Center User Dollar Total DSS Program Contact Person Phone DSS Fiscal Contact Person Contract Accountant Phone 605 773-3586 Consultant Program Contact Person Phone Consultant Program Email Address Consultant Fiscal Contact Person Phone Consultant Fiscal Email Address SDCL 1-24A-1 states that a copy of all consulting contracts shall be filed by the State agency with the State Auditor within five days after such contract is entered into and finally approved by the contracting parties. For further information about consulting contracts, see the State Auditor’s policy handbook. RFP 2418 Child Care Training Videos Page 19 of 20 Attachment B – References We do not have a standard format. Information that should be included is the contact name, address, phone and email. Plus a description of the work done as well as the dates. RFP 2418 Child Care Training Videos Page 20 of 20 Attachment C – Cost Proposal The cost proposal must include but is not limited to: • Project Management • Development Cost per video There is no standard format for the cost proposal.