Request For Proposal RFP 18-KG-1215 (BF) Learning Management System

REQUEST FOR PROPOSAL
RFP 18-KG-1215(BF) Learning Management System
DATE DUE:
February 14, 2018, 2:00 p.m. MST
Questions are to be submitted no later than January 12, 2018, via e-mail to:
Kris Garnhart, kris.garnhart@asd20.org
Issued by:
Kris K. Garnhart
1295 Kelly Johnson Blvd., Suite 260
Colorado Springs, CO 80920
kris.garnhart@asd20.org
(719)-234-1564
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PROFILE OF ACADEMY DISTRICT 20
Academy District 20 prides itself in offering an unsurpassed education to more than 25,000 pre-
school through 12th grade students in northern El Paso County. The District is geographically
and socioeconomically diverse. From the rural community of Black Forest to the growing
Briargate area, the District encompasses 130 square miles and has 18 elementary schools, five
middle schools, five high schools and one charter school. Three additional schools will open
beginning fall 2018.
1. PURPOSE OF REQUEST
The purpose of this solicitation is to have qualified vendors submit proposals for a Learning
Management System, including implementation services, integration services, hosting and ongoing
support.
2. ESTIMATED SCHEDULE
Dec. 15, 2017 RFP issued

Jan. 12, 2018 Last day for vendors to submit questions to the District
Jan. 19, 2018 The District will distribute answers to vendor questions
Feb. 14, 2018, 2:00 p.m. MST Proposals due
March 16, 2018 The District will notify finalists selected for solution
demonstrations
April 2-4, 2018 Solution demonstrations
May 1, 2018 The District will notify a vendor of intent to proceed with contract
negotiations
May 8, 2018 Contract award
January 2019 Begin pilot with select teachers
3. INSTRUCTIONS TO OFFERORS
A. Proposals must be received by e-mail to Kris K. Garnhart, kris.garnhart@asd20.org. Proposals
are due by 2:00 p.m. MST, February 14, 2018. The format will be a single PDF document. The e-
mail must have a subject line as follows:
RFP 18-KG-1215(BF) Learning Management System
B. A qualified vendor for the purposes of this solicitation is a vendor proposing a product that has
been successfully deployed in K-12 public education environments for at least three years.
Products deployed for less than three years will not be considered.
C. Due to District security procedures, if a Vendor feels it is necessary to visit a District site to
provide a more comprehensive proposal, they must obtain pre-approval through the Building
Fund Department. Once approved, purchasing personnel will notify the site prior to the vendor’s
visit. Vendors are required to sign in as a guest at the site’s office and provide proper
identification. Pictures of students or employees are strictly prohibited during any site visit.
D. In the event of a claim by an unsuccessful Vendor concerning or relating to the issue of “equal or
better” or “or equal”, the unsuccessful Vendor agrees, at its own expense, to defend such claim
and agrees to hold the District free and harmless from any loss or damage arising out of this
transaction.
E. The District reserves the right to negotiate with the submitter of each and every proposal; in order
to best meet its needs as defined in the proposal as well as to reject any and all proposals and to
waive any “informalities” in the proposal received whenever such action, rejection, or waiver is in
its best interests. In all instances where price, service, and quality are determined equal,
preference in the award of contract will be given to Colorado-based companies.
F. Demonstrations may be required during evaluation. After the proposals are reviewed by the
District, the Vendors may be required to demonstrate the service/product proposed at no cost to
the District. The purpose of the demonstration is to observe the product in an operational
environment and to verify its capability, suitability, and adaptability vis-à-vis the performance
requirements stipulated in the solicitation. If a demonstration is required, the District will verbally
notify the Vendor of such and will specify the date, time and location of the demonstration. If the
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Vendor fails to perform the demonstration on the specified date stipulated, the District may elect
to reject the Vendor's proposal or to re-schedule the demonstration. The District shall be the sole
judge of the acceptability of the equipment in conformance with the specifications and its decision
shall be final.
G. Cooperative Purchasing Efforts: The District is a member of the Cooperative Educational

Purchasing Council (CEPC). The geography of the CEPC lies along the front range of the Rocky
Mountains from the Fort Collins/Greeley area in the north to Colorado Springs in the south. This
membership of public purchasing departments represents approximately 70 percent of the K-12
public school enrollment in the State of Colorado. The District hereby requests any member of the
CEPC be permitted to avail itself of the contract and purchase any and all items specified herein
from the successful Vendor(s) at the price(s) established in a contract. Each CEPC member
which uses a contract(s) resulting here from would establish its own contract, issue its own
orders, be invoiced there from, make its own payments, and issue its own exemption certificates
as required by the Vendor. It is understood and agreed that the District is not a legally binding
party to any contractual agreement made between a CEPC member and the Vendor as a result
of this solicitation.
4. AWARD
A. The District reserves the right to:
a. Accept or reject any or all proposals received as a result of this RFP.

b. Waive or modify informalities and any irregularities in the responses received.
c. Select the Vendor it deems to be most qualified to fulfill the needs of the District.
Proposals will be evaluated by an evaluation committee. During the evaluation process, the
evaluation committee and the District reserve the right to request additional information or
clarifications from vendors, or to allow corrections of errors or omissions. In all instances the
District and the Board of Education (if necessary) shall be the sole judges of the acceptability of
the services offered, and its decision shall be final and not subject to contest by others. Letters of
award and non-award will be issued.
The District reserves the right to retain all proposals submitted and to use any ideas in a proposal
regardless of whether that proposal is selected. Submission of a proposal indicates acceptance
by the firm of the conditions contained in this request for proposals, unless clearly and specifically
noted in the proposal submitted and confirmed in the contract between the District and the firm
selected.
If a response to this request for proposal contains confidential or proprietary information, include
language on each page of the response indicating the information is confidential and proprietary
and it is prohibited to disclose, duplicate or reproduce the information without the express, written
permission of the Vendor.
The District intends to make an award to the vendor whose proposal represents a best value,
price and other factors considered.
B. Proposals shall remain open and valid and subject to acceptance for 90 days after the proposal
due date unless otherwise stipulated.
C. The Vendor shall not assign or transfer any or all of its rights, burdens, duties or obligations
without the prior written consent of the District.
5. TERMINATION OF CONTRACT
A. The District may, by written notice to the successful Vendor, terminate the contract if the Vendor
has been found to have failed to perform its service in a manner satisfactory to the District. The
date of termination shall be stated in the notice. The District shall be the sole judge of non-
performance.
B. As a termination for convenience, the District may terminate performance of the contract in whole,
or in part, with a 30-day written notice for reason other than cause. This may include the District's
inability to continue with the contract due to the elimination or reduction of funding. The Vendor
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after receipt of a Notice of Termination shall stop work on the cancellation date specified in the
notice. The District will conduct an audit of the Vendor’s costs to determine reasonable costs
expended to date of cancellation, or the District may determine the Vendor’s cost based the exact
cost of any work performed. The Vendor will not be reimbursed for any anticipated profit.
C. The District may terminate the contract, or any part hereof, for cause in the event of any default
by the Vendor, or if the Vendor fails to comply with any contract terms and conditions, or fails to
provide the District, upon request, with adequate assurances of future performance. In the event
of termination for cause, the District shall not be liable to the Vendor for any amount for supplies
or services not accepted, and the Vendor shall be liable to the District for any and all rights and
remedies provided by law. If it is determined that the District improperly terminated the contract
for default, such termination shall be deemed a termination for convenience.
D. If either party is in default under the contract, it shall have an opportunity to cure the default within
30 days after it is given written notice of default by the other party, specifying the nature of the
default. If the default is not cured within 30 days after notice of default has been given; the non-
defaulting party shall have the right, in addition to all other remedies at law or equity, to
immediately terminate the contract. Failure to complain of any action, non-action or default under
this agreement shall not constitute a waiver of any of the parties’ rights hereunder.
E. The Vendor will return all District property, including documents and other items, to the District
within 30 days of contract termination.
6. CONTRACT TERM AND COMPLETION DATE

A. The District may, by giving written notice to the Vendor, may extend the term of the contract.
B. Any contract arising from this request for proposal is not intended to create a multiple fiscal year
debt or other obligation and the District’s obligations hereunder shall be interpreted and limited in
such a manner as to avoid creation of a multiple fiscal year debt or other obligation under the
terms of Article X, Section 20, Paragraph 4(b) or the Colorado Constitution.
7. INTERPRETATIONS OR CHANGES
A. Changes in the specifications shall be posted to the following websites:
a. Rocky Mountain E-Purchasing System: www.bidnetdirect.com/colorado
b. Academy District 20 website: www.asd20.org
All changes will become part of the proposal document by this reference, and all vendors shall be
bound by such changes, whether or not the vendors received them.
B. Should a Vendor find discrepancies, or errors in the documents, the Vendor shall notify Kris K.
Garnhart, kris.garnhart@asd20.org, no later than 10 days prior to the proposal due date.
C. Vendors taking exception to the specifications, or offering substitutions, shall state the exceptions
or substitutions in the section provided or by attachment as part of the proposal. The absence of
such a list shall indicate that the Vendor has not taken exceptions and shall hold the Vendor
responsible to perform in strict accordance with the specifications of the invitation. The District
reserves the right to accept any and all or none of the exception(s)/substitution(s) deemed to be
in its best interest.
8. TAXES
A. Vendor shall not include federal, state or applicable local excise or sales taxes in proposal prices,
as the District is exempt from payment of such taxes. For state sales and use taxes, it shall be
the responsibility of the vender to complete and file an “application for Exemption Certificate” with
the Colorado Department of Revenue.
9. INSURANCE REQUIREMENTS
A. Vendor shall provide the District with certificates of insurance evidencing the policies listed below
prior to the commencement of services. Academy District 20 shall be named as additional named
insured as its interests may appear for all Commercial General Liability insurance and on all
Comprehensive Automobile Liability insurance if the vehicles are to be used on District property.
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B. Certificates showing proof of such insurance shall be submitted to the District prior to
commencement of services. Further, it shall be an affirmative obligation upon the Vendor to
advise Academy District 20 Purchasing at fax number 719-234-1271, or e-mail or by mail to 1110
Chapel Hills Drive, Colorado Springs, CO 80920, within two days of the cancellation or
substantive change of any insurance policy set out herein. Failure to do so shall be a breach of
the agreement.
C. At all times during the term of the contract, Vendor shall carry and maintain in full force at
Vendor’s expense the following insurance policies with insurance companies requiring minimum
of 30 days’ notice to the District of change or cancellation (including cancellation for nonpayment
of premium).
a) Commercial general liability, must include premises and operations, products and completed
operations, contractual liability, personal and advertising injury liability and broad form
property damage).
1) Each Occurrence Limit $1,000,000
2) General Aggregate Limit $2,000,000
3) Products/Completed Operations Aggregate $1,000,000
4) Personal and Advertising Injury Limit $1,000,000
5) Fire Damage Limit $ 50,000
6) Medical Expense Limit $ 5,000
b) Automobile Liability (Must Include Owned, Non-Owned and Hired Autos)

1) Combined Single Limit $1,000,000
c) Excess Liability
1) Each Occurrence $1,000,000
d) Workers Compensation/Employers Liability

1) Per Occurrence Limit $ 100,000
2) Disease Policy Limit $ 500,000
3) Disease Each Employee $ 100,000
e) Crime Insurance for Employee Dishonesty

Per claim $1,000,000
f) Cyber Liability for loss of data risks

Per claim/aggregate $5,000,000
If coverage is Claims Made, date must be retroactive to date prior to the inception of the work. If
coverage is Claims Made, similar cover must be proactively maintained for three years (or
contract termination) following the completion of the work or an extended reporting period of 36
months must be purchased.
A certificate of insurance verifying coverage must be submitted with the proposal. The initial
certificate can be a copy and does not have to show Academy District 20 as a certificate holder or
additional insured.
Upon award of the contract, an original certificate must be provided naming Academy District 20
as the certificate holder under the General Liability as well as a copy of the endorsement to the
policy with respect to that particular project. A plan for maintaining compliance with insurance
requirements must accompany a proposal.
10. WARRANTY AND GUARANTEE

A. Successful Vendor shall warrant that all items/services shall conform to the proposed
specifications and be free from all defects in material, workmanship and title. The Vendor shall,
during a one-year warranty period, ensure that work that proves defective or deficient during such
time is corrected by the Vendor, subcontractors or such other means as shall be required.
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11. ILLEGAL ALIENS
A. If Vendor has any employees or subcontractors, Vendor shall comply with § 8-17.5, C.R.S.
regarding Illegal Aliens – Public Contracts for Services, and this section of this Agreement. 8-
17.5-102 includes, in part, that:
a) Vendor shall not:
(i) Knowingly employ or contract with an illegal alien to perform work under this
Agreement; or
(ii) Enter into a contract with a subcontractor that fails to certify to Vendor that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement.
b) Vendor has verified or attempted to verify that Vendor does not employ any illegal aliens and,
will participate in the E-Verify Program or State Department program in order to confirm
eligibility of all employees who are newly hired to perform work under public contract for
services.
c) Vendor will not use E-Verify Program or State Department program procedures to undertake
pre-employment screening of job applicants while the public contract for services is being
performed.
d) If Vendor obtains actual knowledge that a subcontractor performing work under this
Agreement knowingly employs or contracts with an illegal alien, Vendor shall:
(i) Notify the subcontractor and the District within three days that Vendor has actual
knowledge that the subcontractor is employing or contracting with an illegal alien; and
(ii) Terminate the subcontract with the subcontractor if within three days of receiving the
notice under d(i), the subcontractor does not stop employing or contracting with the
illegal alien. However, the Vendor shall not terminate the contract with the
subcontractor if during this three-day period the subcontractor provides information
which establishes that the subcontractor has not knowingly employed or contracted
with an illegal alien.
e) Vendor shall comply with any reasonable request by the Department of Labor and
Employment made in the course of an investigation that the Department is undertaking
pursuant to the authority established in §8-17.5-102(5), C.R.S.
f) If Vendor violates this provision, the District may terminate the Agreement for a breach of
contract. If the Agreement is terminated, the Vendor shall be liable for actual and
consequential damages.
12. NON-COLLUSION
A. The Vendor certifies that this proposal is made without any previous understanding, agreement or
connection with any person, firm, or corporation making a proposal for the same project, and is in
all respects fair, without outside control, collusion, fraud, or otherwise illegal action.
13. INDEMNIFICATION
A. To the fullest extent permitted by applicable law, the Vendor shall save, indemnify and hold
harmless the District against or from all costs, expenses, damages, injury or loss to which said
District may be subjected by reason of any wrongdoing, misconduct, want of care, skill,
negligence, or default in the execution or performance of contract and shall save and keep
harmless the District against and from all claims and losses to it from any causes whatsoever,
including actual or alleged patent infringements in the matter of making, furnishing and delivering
materials/services as called for in proposal document. The parties acknowledge that the District is
not waiving any right, immunity, or protection provided by the Colorado Governmental Immunity
Act, CRS 24-1-101, et. seq.
14. TITLE
A. Unless specified elsewhere in the contract, title to items furnished under the contract shall remain
with the Vendor upon acceptance, regardless of when or where the District takes physical
possession.
15. METHODS OF PAYMENT

A. The successful Vendor shall be furnished a purchase order with billing instructions. If multiple
purchase orders are requested, the total of all purchase orders shall equal the proposal total.
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B. Academy District 20’s payment preference will be issuance of a check after creation of a
Purchase Order. Payments are made after verification of receipt of the goods or services by the
receiver and within 30 days after receipt of a proper invoice.
16. COLORADO GOVERNMENTAL IMMUNITY ACT

A. Except as expressly provided herein, Academy District 20 retains all of its rights under the
Colorado Governmental immunity act, Section 24-10-101, ET. seq., C.R.S. The contract shall not
be construed to create any right or benefit for any person who is not a party to the contract.
17. CHANGE ORDERS

A. The Contracting Officer may issue a change in the work or the manner of work, which causes an
increase, or decrease in the cost of the work. If a change that is ordered by the Contracting
Officer causes an increase or decrease in the cost of the work, the Vendor shall prepare and
present to the Contracting Officer a proposed change order with a cost estimate of any such
increase or decrease. The District shall review the cost estimate and either agrees or both parties
shall negotiate a cost. If an agreement cannot be reached, then the Contracting Officer shall
determine reasonable actual costs, including a reasonable overhead and profit and will use that
amount in the issuance of a unilateral modification. The Vendor agrees to perform the changed
work, which shall become part of the contract even during the process of disputing the final
amount determined by the Contracting Officer. Any dispute will be settled in accordance to the
dispute clause. Any additional work performed by the Vendor that has not been ordered by the
Contracting Officer shall be at the Vendor’s expense and is not subject to reimbursement.
18. DISPUTES
A. Any contract arising from this request for proposal is subject to the Contract Disputes under
Colorado Revised Statutes (CRS) Title 24 Article 109.
B. Except as provided in the CRS, all disputes arising under or relating to the contract shall be
resolved under this clause.
C. "Claim," as used in this clause, means a written demand or written assertion by one of the
contracting parties seeking, as a matter of right, the payment of money in a sum certain, the
adjustment or interpretation of contract terms, or other relief arising under or relating to the
contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that
can be resolved under a contract clause that provides for the relief sought by the claimant.
However, a written demand or written assertion by the Vendor seeking the payment of money
exceeding $50,000 is not a claim until certified as required by subparagraph (d)(2) of this clause.
A voucher, invoice, or other routine request for payment that is not in dispute when submitted is
not a claim. The submission may be converted to a claim, by complying with the submission and
certification requirements of this clause, if it is disputed either as to liability or amount or is not
acted upon in a reasonable time.
D. A claim by the Vendor shall be made in writing and, unless otherwise stated in the contract,
submitted within six months after accrual of the claim to the Contracting Officer for a written
decision. A claim by the District against the Vendor shall be subject to a written decision by the
Contracting Officer.
(i) The Vendor shall provide the certification specified in paragraph (d) (iii) of this clause
when submitting any claim exceeding $50,000.
(ii) The certification requirement does not apply to issues in controversy that have not been
submitted as all or part of a claim.
(iii) The certification shall state as follows: "I certify that the claim is made in good faith; that
the supporting data are accurate and complete to the best of my knowledge and belief;
that the amount requested accurately reflects the contract adjustment for which the
Vendor believes the District is liable; and that I am duly authorized to certify the claim on
behalf of the Vendor."
E. The certification may be executed by any person duly authorized to bind the Vendor with respect
to the claim.
F. For Vendor claims of $50,000 or less, the Contracting Officer must, if requested in writing by the
Vendor, render a decision within 60 days of the request. For Vendor-certified claims over
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$50,000, the Contracting Officer must, within 60 days, decide the claim or notify the Vendor of the
date by which the decision will be made.
G. The Contracting Officer's decision shall be final unless the Vendor appeals to the Deputy
Superintendent/CFO, or files a suit as provided in the CRS.
(i) If the claim by the Vendor is submitted to the Contracting Officer or a claim by the District
is presented to the Vendor, the parties agree first to attempt to resolve the dispute
through Alternative Dispute Resolution (ADR).
H. The parties agree not to discuss any dispute with the press/media during the resolution process.
I. Interest will be computed in accordance with CRS 24-109-301.
J. The Vendor shall proceed diligently with performance of the contract, pending final resolution of
any request for relief, claim, appeal, or action arising under or relating to the contract, and comply
with any decision of the Contracting Officer.
19. SERVICE OF PROTESTS

A. Protests, in accordance Colorado Revised Statutes 24-109-102, may be served by an actual or
prospective bidder, Offeror, or Vendor who is aggrieved in connection with this solicitation or
award of any contract resulting from this solicitation first to the Contracting Officer. If protest is not
satisfied after determination by the Contracting Officer, the aggrieved may submit a final protest
to the Deputy Superintendent/CFO. Any protest shall be submitted in writing within seven working
days after such aggrieved person knows or should have known of the facts giving rise thereto.
20. PROTECTION OF DISTRICT PROPERTY

A. The Vendor shall take all necessary precautions and care to avoid damaging buildings,
equipment, materials and vegetation on District property. If the Vendor’s failure to take the
necessary precautions or negligence results in damage to any of the District’s property, the
Vendor shall replace or satisfactorily repair the damage at no expense to the District. If the
Vendor refuses to make such repairs or replacement, the District will have the right to make the
repairs by whatever means necessary and deduct the cost from the contract price.
21. DATA PROTECTION

A. Before work begins, the selected Vendor must agree to and sign the District’s Data Protection
Addendum, attached to this solicitation, concerning the protection of confidential student data.
22. PROPOSAL INFORMATION AND EVALUATION CRITERIA

A. To facilitate the selection process, vendors will to submit proposals that include information
specified in the Scope of Services section of this document. Responses may include text and
screenshots but no other media. Proposals will be submitted as a single PDF document not to
exceed 50 pages.
B. Evaluation team members value concise answers and minimal use of technical jargon. Answers
should balance brevity with offering adequate detail to evaluate the proposal. Refrain from
including unrelated information such as marketing collateral, research papers or extensive
biographies of vendor team members.
C. Proposals will adhere to the format in the Scope of Services section. Reproduce the question and
then provide an answer.
D. The District seeks a best-value solution and not a pre-defined set of features. The questions in
the Scope of Services section do not necessarily indicate mandatory functionality. In addition,
proposals may discuss functionality or approaches not contemplated in this document.
E. Proposals will be evaluated by at least the following criteria:

a) An evaluation team’s score of the response to each element in the Scope of Services section
of this document
b) The vendor’s ability to deliver the proposed solution, including the vendor’s experiences and
record of performance in delivering solutions similar to those proposed at organizations of
similar size and needs
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c) Initial and ongoing cost
F. Finalist vendors will be invited to demonstrate their solutions to a team of District stakeholders.
Part of the demonstration will entail providing stakeholders with access to a fully-featured
demonstration system for 30 days.
G. The District’s evaluation team will make recommendations to be considered by executive

sponsors, and the contract approved in accordance with District procurement policy.
23. SCOPE OF SERVICES

A. Project overview
Academy District 20 seeks a Learning Management System to support student achievement and
employee professional learning. Key challenges and opportunities in this endeavor include:
• Functional capabilities. The solution should be full-featured to support instruction and learning
at all levels with minimal administrative overhead. It should be based on modern standards and
actively developed to leverage new technologies as they arise.
• Value. The District seeks a solution that provides maximum value for the investment.
• Integration. The solution will require integration with other District systems, such as a Student
Information System and software that supports human resources.
• Data migration. The solution will replace a variety of products. The district seeks to partner with
a vendor to migrate data from legacy systems to the new product.
A new Learning Management System will be part of an enterprise-wide information technology strategy to
serve the District’s immediate needs and form the basis for future evolution and innovation. The goals for
the Learning Management System project include:
• Support student achievement.
• Empower teachers with tools that save time, improve student accountability and accessibility, and
provide for easy access to rich instructional materials.
• Improve home-to-school and school-to-home communication and support.
• Improve instructional practice and professional excellence by delivering and monitoring employee
professional learning.
• Improve stewardship of public resources and service to District stakeholders including students,
guardians, employees and taxpayers.
• Improve operational efficiency and effectiveness by eliminating manual processes, redundant
data collection and reliance on stand-alone systems.
• Establish a long-term partnership with a vendor to work with the District as needs and capabilities
evolve.
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A.1 Organizational metrics
Metric Approximate count
Employees (full and part time) 3,000
Additional substitute and temporary staff 1,000
Teachers 1,600
Total students 25,849
Students by grade 12 2,241
11 2,085
10 2,160
9 2,245
8 2,076
7 1,941
6 1,966
5 1,878
4 1,918
3 1,786
2 1,720
1 1,749
k 1,669
pk 415
Guardians 29,587
Physical school locations 44
Administrative sites 4
Distinct courses (Such as Algebra I. Not all courses use a 6,500
Learning Management System)
Distinct sections (Such as Algebra I, period 1. Not all 24,728
sections use a Learning Management System)
A.2 Current District applications

The District anticipates replacing certain systems in favor of a new Learning Management System,
integrating other systems with the new product and leaving some systems in place. The following list
might not be comprehensive.
Functionality Current Data migration Integration In scope for

application required? required? replacement?
Learning Moodle Yes No Yes
management
Learning D2L Yes No Yes
management
Learning Buzz Yes No Yes
management
Student Infinite No Yes No
information Campus
Document ScribArchive No No No
management
Enterprise Oracle No Yes

Resource eBusiness No
Planning Suite
Google Drive Personal No Yes No

storage
OneDrive Personal No Yes No
storage
Office 365 Applications No No/Preferred No
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Functionality Current Data migration Integration In scope for
application required? required? replacement?
Microsoft E-mail No No No
Exchange e-mail
Gmail E-mail No No No
B. Vendor information
B.1 Executive summary
1. Provide a narrative of three pages or fewer summarizing the proposal. Highlight the reasons the
proposed product, services and company are best suited to the District’s needs.
B.2 Vendor details

1. Briefly describe the history of the company, including ownership information.
2. Provide a financial summary of the company.
3. How many employees does the company have? Where are they located?
4. What is the company’s target market or client size that best fits with the company’s overall
capabilities?
5. How many customers does the company have, and how many of those have headquarters in
Colorado? How many have implemented the solution offered to Academy District 20?
6. How long has the proposed solution been on the market and operational with customers? Note the
District will consider only products that have been on the market and operational with customers for at
least three years.
7. Does the company subcontract any services? If so, who are some of the partners/alliances?
8. How does the company differentiate itself from the competition?
9. If selected as a finalist, is the company prepared to provide stakeholders with access to a fully
featured demonstration system for 30 days?
B.3 Vendor references

1. Provide three references from the PK-12 education market with which the vendor has completed a
similar project since 2012. Include the following information for each reference:
• Client name
• Solution(s) implemented
• Contract dates
• Contract dollar value
• Name and contact information for a key client representative
C. Solution requirements
C.1 General requirements
1. The District will consider solutions that provide Software as a Service, including ongoing partnership
with a vendor that carries out hosting, patches, upgrades, hardware changes and related system
management activities. Describe the proposed solution’s approach to Software as a Service. Which
system management activities are the responsibility of the vendor and which are the responsibility of
the District?
2. Describe the system’s ability to work offline and synchronize user actions when an Internet
connection is re-established.
3. The solution must support robust data reporting across all modules to satisfy internal reporting needs
and requirements issued by other governments and regulatory agencies. Describe the proposed
solution’s reporting capabilities, including at least the following key features:
• Pre-defined and custom/ad hoc reports across all modules, including export to desktop
applications
• Support for third-party reporting tools such as Tableau and SQL Server Reporting Services. Can
the proposed solution act as a data source for external reporting tools? If so, does that feature
trigger additional licensing requirements?
• Does the proposed solution allow for direct database access by District staff? What are the
limitations on that access, if any?
4. All modules must support user authentication against Active Directory. The District will use system
data as part of user account provisioning and to manage the account lifecycle in Active Directory and
dependent systems (create/reactivate, enable/disable and terminate accounts). Discuss how the
proposed solution integrates with Active Directory to support those functions.
5. Describe how the proposed solution approaches user administration and data access rights. List and
describe standard user roles in the application.
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6. Detail the proposed solution’s approach to enabling guardians to access course content and other
details connected to their students. What configuration options are available to permit guardian
access to certain data while restricting it elsewhere?
7. Describe how the proposed solution supports user-defined data fields throughout the application. The
fields should be accessible from reporting modules and capable of functions such as calculations and
lookups.
8. Provide an overview of the proposed solution’s approach to data management, including support for
mass changes, import/export.
9. Describe how the proposed solution accommodates customizations. Address ongoing maintenance
of customizations and whether customizations affect the upgrade path.
10. The District leases copiers from Toshiba for printing and scanning. What capabilities does the
proposed solution offer for integrating with the District’s leased copier equipment such as scanning
directly to a document repository or workflow integration?
C.2 Integration
1. Describe the proposed solution’s support for integrations with external applications. Provide a list or
link to published and external APIs or other methodology that can be used to integrate with third-party
systems.
2. Describe the proposed solution’s compliance with SCORM and other interoperability technical
standards.
3. List the products for which the proposed solution provides a packaged integration. In particular,
address packaged integrations with products listed as current district applications in section A.2.
4. Does the proposed solution participate in the Grading Services Partner Program with Infinite
Campus? Does the proposed solution currently have an IMS Global certification status for
OneRoster, and does it include the following certification: OneRoster v1.1 REST Data Consumer
Gradebook Pull Core?
C.3 Software, hardware and operational requirements

1. The district desires a solution that requires only an Internet browser for full capabilities. Describe the
proposed solution's supported web browsers. Address at least the following:
• Required additional software such as browser plug-ins
• Browser and version support on various devices such as desktop, tablet and phone
• Strategy for support of future browser versions
2. Describe the solution's current functionality on native mobile apps, and detail the solution's future
mobile app strategy.
C.4 Backup and disaster recovery

1. Describe a proposed SLA to include data backup and restoration strategy carried out by the vendor.
Address at least the following issues:
• Backup timing
• Retrieval process
• Response time in the event restoration from a backup is needed
• Strategy for data center redundancy
• Procedures in the event of an outage
2. Describe the proposed solution’s support for multiple instances for production, testing, training,
development and the like. What is the refresh schedule for non-production instances?
3. How is user data stored at all times such that it is not lost if there is a power outage or other
disruption?
C.5 Security and compliance

1. Data must be encrypted at rest and in transmission. Describe the encryption strategy.
2. Describe security audits performed at the data center(s) including frequency, types and who performs
them.
3. Describe how the proposed solution implements a configurable data retention policy. Address the
ability to purge data according to automated, configurable workflows.
4. Describe the proposed solution’s ability to lock down access to functions, features, modules and
process to specific IP ranges, users, positions, locations and device or mac addresses at specific
times.
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C.6 Third-party software
1. Provide a comprehensive list of third-party, licensed software upon which the proposed solution
relies, and the functionality each third-party product supports (such as the underlying database). List
the third-party providers with which the proposed solution has a "standard" interface.
2. Describe integrations required to implement the proposed solution. Address licensing, a list of APIs,
import processes or other methods for integrating data with external systems.
C.7 Functional requirements

C.7.1 File and document support
1. Describe how the proposed solution supports including various media formats as part of instructional
materials. List the supported media formats. What is the process for uploading or otherwise adding
external materials such as videos or PDFs to include as part of a lesson?
C.7.2 Communication
1. What features does the proposed solution offer with respect to communication with users? For
example, can the system send e-mail notifications concerning assignments or grades? Are text
messages supported? Can communications be simultaneously posted to a teacher’s web page and a
parent portal?
2. How can information from the proposed solution be sent to another venue such as via RSS or
embedded HTML? For example, can information contained in a course calendar be automatically
posted to a teacher web page hosted in an external system?
C.7.3 Accessibility
1. Describe how the proposed solution supports users with intellectual disabilities, or visual or auditory
impairment.
C.7.4 Teaching and learning design

1. Describe how the proposed solution supports a wide variety of pedagogical approaches and designs.
How does the proposed solution accommodate diverse learning styles and provide mechanisms that
promote collaboration among the learners?
2. What types of interactions does the proposed solution support for students, teachers and other
users? Address at least the following features, highlighting configuration options, and add other
features not contemplated here.
• Blogging
• Wikis
• Discussion forums
• File exchange (access to files from local computer and cloud-based services including Google
Drive and OneDrive)
• Group work
• Symbolic character support (mathematic and scientific equation editors and world-language
support)
• Text chat/instant messaging
• Web conferencing with voice, video, whiteboard, screen sharing and recording
• Connection to online calendars
• Lesson content creation
C.7.5 Assessment
1. Describe how the proposed solution will enable instructors to assess students using:
• Student-created assessments
• Student e-portfolios
• Progress review tools
• Automated testing and scoring
• Instructor controlled access to assessments
2. Describe how the proposed solution provides online grading tools such as:
• Mark, provide feedback on student work
• Voice and/or video feedback options
• Instructor and student annotation tools for documents
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• Manage a gradebook and store grades
• Student access to online testing manipulatives such as virtual rulers, protractors, calculators
• Delegate the marking process to teaching assistants
• Ability to override the automatic scoring
• Ability for flexible grading to standards-based scoring
• Plagiarism detection
• Rubric creation tool
• Quiz banks
• Importing third-party assessment resources
C.7.6 Curriculum mapping

1. Describe how the proposed solution supports teacher collaboration in developing and mapping
curricula:
• Within departments
• Within schools
• Across the district
• Outside of the district
• Connected to state, federal and international standards
C.7.7 Content management/learning object repository

1. Describe how the proposed solution enables instructors to access and assign a variety of files, course
modules, and other content into and out of a course, including:
• Master course files
• Master unit files
• Files that align with Colorado state standards
• Third-party created content and databases
• Teacher-created content
C.7.8 Course management

1. Describe how the proposed solution’s course management tools allow instructors to control the
progression of an online class by:
• Allowing for sequential/mastery-based/conditionally-limited access to content
• Methods to assign content to specific users based on parameters
• A step-by-step process to set up the essential features of a course, including course templates
C.7.9 Intellectual property

1. Describe how the proposed solution supports:
• Compliance with the guidelines of fair use
• Resource tracking
• Licensing enforcement
2. Describe the proposed solution’s tools for Digital Rights Management to help protect, track, license
and report on content including:
• The ability to encrypt content with file level DRM settings to restrict unauthorized copying or
distribution of publisher’s video and audio content when distributed via e-mail, CD/DVD or
downloaded for off-line viewing
• The ability to permit or restrict downloading of content for local playback
• Tracking, protecting and managing digital content licenses from third-party applications
• The ability to set passwords on titles that supersede other digital rights settings
• The ability to set expiration dates on resources that make the content inaccessible
C.7.10 Learner Tracking

1. Describe how the proposed solution maintains and provides reports on the following:
• Student activities within the system such as user login, submission of work or completion of an
exam
• Course completion rates
• Badging
C.7.11 Professional learning

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1. Describe how the proposed solution supports professional learning activities by teachers, other
district employees and external users. Address at least the following:
• Is professional learning a module that’s distinct from the rest of the system, or does the proposed
solution assume professional learning is treated the same as student learning?
• Support for integration with human resources software to facilitate automatic enrollment and
related features
• Support for displaying a catalog of professional learning courses. How can the catalog be
configured to display to internal and external audiences?
• Support for self-enrollment in professional learning courses, including approval workflows
• Features for teachers of professional learning courses, especially features that are different from
those offered to conventional teachers
• Support for student evaluation of professional learning courses and generation of related reports
• Produce transcripts of professional learning courses completed
C.8 Non-functional considerations

C.8.1 Purchase
1. Describe the proposed pricing/licensing model. Address at least the following elements:
• Annual, all-inclusive pricing for at least five years including escalation terms tied to CPI, Libor or
other common economic index.
• What modules or functionality is included?
• Pricing for the core product and pricing in connection with products/services provided by partners.
• How future feature implementation would affect future pricing and whether the pricing model
allows the District to opt out of future features or features the District does not need.
• What are the terms of the license? What are restrictions on the license?
• How are licensing disputes resolved?
• How is licensing compliance measured?
C.8.2 Implementation
1. The District expects to partner with the vendor, or a third partner, to carry out implementation. Provide
an implementation plan with tasks and milestones for the vendor and the District. Address at least the
following elements:
• A timeline for each task during the implementation as well as individual roles of who will be
involved at each task/milestone. For each implementation task, describe what information will be
required from the District.
• A proposed data migration strategy including the means of migration such as import tools or APIs
and additional cost, if any, associated with data migration.
• A proposed integration strategy, including the means of integration with third-party applications,
professional services the vendor would provide with respect to integration, and information and
resources required from the District.
C.8.2.1 Vendor staffing

1. Describe the proposed vendor staffing for the project, including the number of vendor staff assigned
to each role.
2. Describe vendor activities to be completed on-site vs. off-site.
C.8.2.2 District staffing

1. Describe District staffing required for implementation including at least suggested roles and estimated
time commitments.
C.8.2.3 Training
1. Describe a suggested training plan to support implementation. The training strategy may include off-
site classes, on-site classes, written documentation, online videos or any other means. Include at
least the following elements:
• Technical staff training
• Teacher training
• Student training
• Guardian training
2. Describe the elements of a training program that have yielded the most success with comparable
customers.
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C.8.3 Maintenance
1. Describe a maintenance strategy including the proposed solution's approach to patching and testing.
Address activity expected of the District and activity to be carried out by the vendor.
2. What is the frequency of patching and required testing?
3. Will the District have the option to opt out of certain upgrades?
4. Will a development instance for testing major upgrades be available at least 30 days prior to release?
C.8.4 Post-implementation
C.8.4.1 District resources needed for ongoing support
1. Describe District staffing and other resources required for long-term operational support.
2. What support is recommended following a go-live date?
3. Describe the ongoing training options available following implementation.
C.8.4.2 Vendor technical support and issue resolution

1. Describe a proposed support model. Address at least the following issues:
• Limitations (if any) on points of contact within the District or users authorized to file support tickets
• The escalation process, and who determines whether an issue is critical
• Is support rendered from the United States?
• What support documentation is available to various user types (front-line, administrator, power
user, developer) and how is the documentation integrated with the solution?
2. Describe a proposed Support Level Agreement including at least minimum up-time, redundancy and
response times.
C.8.4.3 Contract termination

1. Describe the process for extracting District data upon contract termination. Does the proposed
solution support comprehensive data export to a common data format?
2. Upon termination, describe the process and cost for maintaining a hosted archive environment that
provides for limited retrieval access for the District.
3. Upon complete termination with no archive environment, describe the proposed solution’s procedure
and recommendations for permanently and completely destroying District data.
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Pricing schedule
Annual, all-inclusive pricing of the core product for at least five years
including escalation terms tied to CPI, Libor or other common economic $__________________
index.
Itemized, annual, all-inclusive pricing of ancillary products for at least five
years including escalation terms tied to CPI, Libor or other common $__________________
economic index.
One-time cost in connection with the implementation plan proposed in
section C.8.2. $__________________
Additional annual cost (if any) in connection with the maintenance model
proposed in section C.8.3. $__________________
Additional annual cost (if any) in connection with the support model
proposed in section C.8.4.2. $__________________
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The undersigned acknowledges Academy District 20 reserves the right to reject any and all proposals
and/or waive any irregularities or information in the proposal process.
The undersigned hereby affirms that:

1. He/she is a duly authorized agent of the Vendor,
2. He/she has read all terms and conditions and technical specifications which were made available
in conjunction with this solicitation and fully understands and accepts them unless specific
variations have been expressly listed in his/her offer,
3. That the proposal is being submitted on behalf of the Vendor in accordance with any terms and
conditions set forth in this document, and
4. That the Vendor will accept any awards made to it as a result of the proposal submitted herein for
a minimum of ninety calendar days following the date of submission.
Name of Company: ____________________________________________
Address: ________________________ City, State: ________________ ZIP: ______________
Contact Person: ___________________ Title: _____________________ Phone: ___________
E-mail Address: ___________________
Authorized Representative’s Signature: ____________________________ Phone: ___________
Printed Name: ____________________ Title: _____________________ Date: ____________
Page 18 of 18
DATA PROTECTION ADDENDUM
This Data Protection Addendum (“Addendum”) is attached to and forms a part of the
____________________________________ (the “Contract”) dated ________________
by and between Academy School District 20 (“District”) and
(“Contractor”) (the Addendum and the Contract are collectively referred to hereinafter as
“Agreement”). This Addendum supersedes the Contract by adding to, deleting from and
modifying the Contract as set forth herein. To the extent any such addition, deletion or
modification results in any conflict or inconsistency between the Contract and this Addendum, this
Addendum shall govern and the terms of the Contract that conflict with this Addendum or are
inconsistent with this Addendum shall be of no force or effect. In consideration of the mutual
covenants, promises, understandings, releases and payments described in the Contract and this
Addendum, the parties agree to amend the Contract by adding the following language:
1. Definitions
1.1 “Designated Representative” means District or Contractor employees as specified

on Schedule 1 to whom all notices required in this Addendum will be sent.
1.2 “District Data” means any Personally Identifiable Information, Record, Education
Record and all Personally Identifiable Information included therein or derived therefrom that is
not intentionally made generally available by the District on public websites or publications but is
made available directly or indirectly by the District to Contractor or that is otherwise collected or
generated by Contractor in connection with the performance of the Services.
1.3 “De-identified Data” means District Data from which all personally identifiable
information, as defined herein, and attributes about such data, have been permanently removed so
that no individual identification can be made.
1.4 “Education Records” means records, files, documents and other materials that: (a)
contain information directly related to a student; and (b) are maintained by the District, or by a
party acting for the District such as Contractor.
1.5 “End User” means individuals authorized by the District to access and use the
Services provided by the Contractor under the Contract.
1.6 “Incident” means a suspected, attempted, or imminent threat of unauthorized

access, use, disclosure, breach, modification, disruption or destruction to or of District Data.
1.7 “Mine District Data” means the act of searching through, analyzing, accessing, or
extracting District Data, metadata, or information not necessary to accomplish the Services or
purpose(s) of this Agreement for the benefit of the District.
1
APPROVED BY THE COLORADO COUNCIL OF SCHOOL BOARD ATTORNEYS, 12/10/2016
1.8 “Personally Identifiable Information” or “PII” means information and metadata
that, alone or in combination, is linked or linkable to a specific student so as to allow a reasonable
person in the school community, who does not have personal knowledge of the relevant
circumstances, to identify the student with reasonable certainty. Personally identifiable
information includes but is not limited to: (a) the student’s name; (b) the name of the student’s
parent or other family members; (c) the address or phone number of the student or student’s family;
(d) personal identifiers such as the student’s state-assigned student identifier, social security
number, student number or biometric record; (e) indirect identifiers such as the student’s date of
birth, place of birth or mother’s maiden name; and (f) demographic attributes, such as race,
socioeconomic information, and gender.
1.9 “Record” means any information recorded in any way, including, but not limited
to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche.
1.10 “Securely Destroy” means to remove District Data from Contractor’s systems,
paper files, records, databases, and any other media regardless of format, in accordance with the
standard detailed in National Institute of Standards and Technology (“NIST”) SP 800-88
Guidelines for Media Sanitization so that District Data is permanently irretrievable in Contractor’s
and its Subcontractors’ normal course of business.
1.11 “Security Breach” means an event in which District Data is exposed to

unauthorized disclosure, access, alteration or use or a system configuration that results in a
documented unsecured disclosure, access, alteration or use, in a manner not permitted in this
Addendum, which poses a significant risk of financial, reputational or other harm to the affected
End User or the District.
1.12 “Services” means any goods or services acquired by the District from the
Contractor, including computer software, mobile applications (apps), and web-based tools
accessed by End Users through the Internet or installed or run on a computer or electronic device.
1.13 “Subcontractor” means Contractor’s employees, subcontractors or agents,

identified on Schedule 2, as updated by Contractor from time to time in accordance with the
requirements of this Addendum, who Contractor has engaged to enable Contractor to perform its
obligations under the Contract.
1.14 “Student Profile” means a collection of PII data elements relating to a student of
the District.
2
2. Rights and License in and to District Data
District owns all rights, title, and interest in and to District Data and any and all now known or
hereafter existing intellectual property rights associated therewith, and any derivative works
thereof or modifications thereto, including without limitation, De-identified Data. The District
hereby grants to Contractor a limited, nonexclusive license to use District Data and De-identified
Data solely for the purpose of performing its obligations specified in the Contract or as otherwise
permitted by the Agreement. Contractor shall have no rights, title, or interest implied or otherwise,
to District Data or De-identified Data, except as expressly stated in the Agreement.
3. Data Privacy
3.1 Use of District Data. Contractor shall use District Data only for the purpose of
performing the Services and fulfilling its duties under the Contract.
3.2 Prohibited Uses of District Data. With the exception of De-identified Data that the
District has agreed in writing to allow Contractor to use as specified in Section 3.5, Contractor
shall not:
3.2.1 Use, sell, rent, transfer, distribute, alter, Mine, or disclose District Data
(including metadata) to any third party without the prior written consent of the District, except as
required by law;
3.2.2 Use District Data for its own commercial benefit, including but not limited
to, advertising or marketing of any kind directed toward children, parents, guardians, or District
employees, unless such use is specifically authorized by this Agreement or otherwise authorized
in writing by the District;
3.2.3 Use District Data in a manner that is inconsistent with Contractor’s privacy
policy;
3.2.4 Use District Data to create a Student Profile other than as authorized or
required by the Contract to perform the Services; and
3.2.5 Store District Data outside the continental United States unless Contractor
has given the District Designated Representative advance written notice of where and how the
servers are housed, managed, and secured, and that the security standards required herein can be
achieved.
3.3 Qualified FERPA Exception. If Contractor will have access to Education Records,
Contractor acknowledges that, for the purposes of this Agreement, pursuant to the Family
Educational Rights and Privacy Act, 20 U.S.C. § 1232g and its implementing regulations, 34
3
C.F.R. Part 99 (“FERPA”), it will be designated as a “school official” with “legitimate educational
interests” in the District Education Records and PII disclosed pursuant to the Contract, and
Contractor agrees to abide by the FERPA limitations and requirements imposed on school
officials. Contractor will use the Education Records only for the purpose of fulfilling its duties
under the Contract for District’s and its End Users’ benefit, and shall not share District Data with
or disclose it to any third party except as provided for in the Agreement, as required by law, or if
authorized in writing by the District. Contractor warrants and represents that during the five-year
period preceding the Effective Date of this Agreement, it has not been found in violation of FERPA
by the Family Policy Compliance Office.
3.4 Subcontractor Use of District Data. To the extent necessary to perform its
obligations specified in the Contract, Contractor may disclose District Data to Subcontractors
pursuant to a written agreement, specifying the purpose of the disclosure and providing that: (a)
Subcontractor shall not disclose District Data, in whole or in part, to any other party; (b)
Subcontractor shall not use any District Data to advertise or market to students or their
parents/guardians; (c) Subcontractor shall access, view, collect, generate and use District Data only
to the extent necessary to assist Contractor in performing its obligations specified in the Contract;
(d) at the conclusion of its/their work under its/their subcontract(s) Subcontractor shall, as directed
by the District through Contractor, Securely Destroy all District Data in its/their possession,
custody or control, or return such District Data to the District, at the election of the District; (e)
Subcontractor shall indemnify the District in accordance with the terms set forth in Section 10
hereinbelow; and (f) Subcontractor shall utilize appropriate administrative, physical and technical
safeguards in accordance with industry standards and best practices to secure District Data from
unauthorized disclosure, access and use. Contractor shall ensure that its employees and
Subcontractors who have potential access to District Data have undergone appropriate background
screening, to the District’s satisfaction, and possess all needed qualifications to comply with the
terms of this Addendum. Contractor shall also ensure that its Subcontractors comply with the
insurance requirements specified in Section 12 of this Addendum.
3.5 Use of De-identified Data. Contractor may use De-identified Data for purposes of
research, the improvement of Contractor’s products and services, and/or the development of new
products and services. In no event shall Contractor or Subcontractors re-identify or attempt to re-
identify any De-identified Data or use De-identified Data in combination with other data elements
or De-identified Data in the possession of a third-party affiliate, thereby posing risks of re-
identification.
3.6 Privacy Policy Changes. Prior to making a material change to Contractor’s privacy
policies, Contractor shall send District’s Designated Representative written notice, which includes
a clear explanation of the proposed changes.
4
4. Data Security
4.1 Security Safeguards. Contractor shall store and process District Data in accordance
with commercial best practices, including implementing appropriate administrative, physical, and
technical safeguards that are no less rigorous than those outlined in SANS Top 20 Security
Controls, as amended, to secure such data from unauthorized access, disclosure, alteration, and
use. Contractor shall ensure that all such safeguards, including the manner in which District Data
is collected, accessed, used, stored, processed, disposed of and disclosed, comply with all
applicable federal and state data protection and privacy laws, regulations and directives, including
without limitation C.R.S. § 22-16-101 et seq., as well as the terms and conditions of this
Addendum. Without limiting the foregoing, and unless expressly agreed to the contrary in writing,
Contractor warrants that all electronic District Data will be encrypted in transmission and at rest
in accordance with NIST Special Publication 800-57, as amended.
4.2 Risk Assessments. Contractor shall conduct periodic risk assessments and
remediate any identified security vulnerabilities in a timely manner.
4.3 Audit Trails. Contractor shall take reasonable measures, including audit trails, to
protect District Data against deterioration or degradation of data quality and authenticity.
4.4 Verification of Safeguards. Upon District’s written request, Contractor shall

provide or make available to the District for review, the following, verifying Contractor’s
administrative, physical and technical safeguards are in compliance with industry standards and
best practices: (1) a third-party network security audit report, or (2) certification from Contractor
indicating that an independent vulnerability or risk assessment of the Contractor’s data security
program has occurred.
5. Security Incident and Security Breach
5.1 Security Incident Evaluation. In the event of an Incident, Contractor shall follow
industry best practices to fully investigate and resolve the Incident, and take steps to prevent
developments that may result in the Incident becoming a Security Breach at Contractor’s expense
in accordance with applicable privacy laws.
5.2 Response. Immediately upon becoming aware of a Security Breach, or a complaint

of a Security Breach, Contractor shall notify the District Designated Representative in writing as
set forth herein, fully investigate the Security Breach, cooperate fully with the District’s
investigation of and response to the Security Breach, and use best efforts to prevent any further
Security Breach at Contractor’s expense in accordance with applicable privacy laws. Except as
otherwise required by law, Contractor shall not provide notice of the Security Breach directly to
individuals whose Personally Identifiable Information was involved, to regulatory agencies, or to
other entities, without first providing written notice to the District’s Designated Representative.
5
5.3 Security Breach Report. If the District reasonably determines that Contractor has
committed a Security Breach, then the District may request Contractor to submit, within seven (7)
calendar days from discovery of such breach, a written report, and any supporting documentation,
identifying (i) the nature of the Security Breach, (ii) the steps Contractor has executed to
investigate the Security Breach, (iii) what District Data or PII was used or disclosed, (iv) who or
what was the cause of the Security Breach, (v) what Contractor has done or shall do to remediate
any deleterious effect of the Security Breach, and (vi) what corrective action Contractor has taken
or shall take to prevent a future Incident or Security Breach. The District reserves the right to
require Contractor to amend its remediation plans.
5.4 Effect of Security Breach. Upon the occurrence of a Security Breach, the District
may terminate this Agreement in accordance with District policies. The District may require
Contractor to suspend all Services, pending the investigation and successful resolution of any
Security Breach, and Contractor may be required to reimburse District all amounts paid for any
period during which Services were not rendered, as provided herein. Contractor acknowledges
that, as a result of a Security Breach, the District may also elect to disqualify Contractor and any
of its Subcontractors from future contracts with the District.
5.5 Liability for Security Breach. In addition to any other remedies available to the
District under law or equity, Contractor shall reimburse the District in full for all costs incurred by
the District in investigation and remediation of any Security Breach caused in whole or in part by
Contractor or Contractor’s Subcontractors, including but not limited to providing notification to
individuals whose Personally Identifiable Information was compromised and to regulatory
agencies or other entities as required by law or contract; providing one year’s credit monitoring to
the affected individuals if the Personally Identifiable Information exposed during the breach could
be used to commit financial identity theft; and the payment of legal fees, audit costs, fines, and
other fees imposed against the District as a result of the Security Breach.
6. Response to Legal Orders, Demands or Requests for Data
6.1 Received by Contractor. Except as otherwise expressly prohibited by law,

Contractor shall immediately notify the District of any subpoenas, warrants, other legal orders, or
demands or requests received by Contractor seeking District Data; consult with the District
regarding its response; cooperate with the District’s reasonable requests in connection with efforts
by the District to intervene and quash or modify the legal order, demand or request; and, upon the
District’s request, provide the District with a copy of its response.
6.2 Received by District. If the District receives a subpoena, warrant, or other legal
order, demand or request seeking District Data maintained by Contractor, including but not limited
to a request pursuant to the Colorado Open Records Act, C.R.S. § 24-72-100.1 et seq., the District
6
will promptly notify Contractor and, within two (2) business days, excluding national holidays,
Contractor shall supply the District with copies of the District Data for the District to respond.
6.3 Parent Request. If a parent, legal guardian or student contacts the District with a
request to review or correct District Data or PII, pursuant to FERPA or the Student Data
Transparency and Security Act, C.R.S. § 22-16-101 et seq. (the “Act”), the District will promptly
notify Contractor’s Designated Representative and Contractor shall use reasonable and good faith
efforts to assist the District in fulfilling such requests, as directed by the District, within ten
calendar (10) days after receipt of District’s notice. Conversely, if a parent, legal guardian or
student contacts the Contractor with a request to review or correct District Data or PII, within ten
calendar (10) days after receipt of such notice, Contractor shall promptly notify the District and
shall use reasonable and good faith efforts to assist the District in fulfilling such requests, as
directed by the District.
6.4 Access to District Data. District shall have the right to access and retrieve any or
all District Data stored by or in possession of Contractor upon written notice to Contractor’s
Designated Representative. If another timeline for response is provided herein, then that, more
specific, deadline shall control. Otherwise, Contractor shall make the District Data available to
the District within seven (7) calendar days from the date of request.
7. Compliance with Applicable Law
7.1 School Service Contract Providers. If Contractor provides a “school service,”

which is defined as an Internet website, online service, online application or mobile application
that: (a) is designed and marketed primarily for use in a preschool, elementary school or secondary
school; (b) is used at the direction of District teachers or other District employees; and (c) collects,
maintains or uses District Data or PII, then Contractor is a “school service contract provider” under
the Act. To the extent not previously provided, within ten (10) calendar days after signing this
Addendum, Contractor shall provide to the District in a format acceptable to the District or that is
easily accessible through Contractor’s website in language easily understandable to a layperson:
(a) the data elements of District Data or PII that Contractor collects, generates or uses pursuant to
the Contract; (b) the educational purpose for which Contractor collects and uses the District Data;
(c) Contractor’s policies regarding retention and disposal of District Data; (d) how Contractor uses,
shares or discloses the District Data; and (e) statement whether Contractor’s Contract has ever
been terminated by another school district for failure to comply with the same or substantially
similar security obligations as those set forth herein. Contractor shall update this information as
necessary to maintain accuracy. District reserves the right to terminate this Agreement, as
specified in Section 8, should the District receive information after the Effective Date that
significantly modifies Contractor’s representations made in this Section 7.1.
7
7.2. Children’s Online Privacy and Protection Act. In performance of the Services
required by the Contract, if Contractor collects personal information (as defined in the Children’s
Online Privacy and Protection Act of 1998, 5 U.S.C. 6501 to 6505, and its implementing
regulations) from children under thirteen (13) years of age, Contractor warrants, represents, and
covenants that such collection is and shall be for the use and benefit of the District and for no other
commercial purpose. Contractor has provided District with full notice of its collection, use, and
disclosure practices.
7.3 Compliance with Laws. Contractor warrants that it will abide by all applicable
laws, ordinances, rules, regulations, and orders of all governmental agencies or authorities having
jurisdiction over the Services including but not limited to: COPPA; FERPA; the Health Insurance
Portability and Accountability Act, 45 C.F.R. Part 160.103, and Health Information Technology
for Economic and Clinical Health Act, Gramm-Leach-Bliley Financial Modernization Act of 1999,
15 U.S.C. 6809; Payment Card Industry Data Security Standards; Protection of Pupil Rights
Amendment, 20 U.S.C. 1232h, 34 C.F.R. Part 98; Americans with Disabilities Act, and Federal
Export Administration Regulations.
8. Termination
8.1 Term. This Addendum will become effective when the Contractor has executed
this Addendum (“Effective Date”). Subject to Sections 8.2 and 12.3, this Addendum will
automatically terminate without any further action of the Parties upon the termination or expiration
of the Contract between the Parties or successful completion of the Services. Alternatively, upon
re-execution of the Contract by the authorized persons of District and Contractor, this Addendum
shall also be revived and be of full force and effect.
8.2 Termination by the District.
8.2.1 The District may immediately terminate the Contract in accordance with
District policies if, at any time, the District determines in its sole discretion, that Contractor has
breached any of the requirements of this Addendum.
8.2.2 The District may terminate the Contract if District receives information that
Contractor has failed to comply with the same or substantially similar security obligations as set
forth herein with another school district.
8.2.3 The District may terminate the Contract if the District receives information
after execution of this Addendum, that any of Contractor’s representations or warranties have
substantially changed after execution of this Addendum, including but not limited to the terms of
Contractor’s privacy policy.
8
9. Data Transfer Upon Termination or Expiration
9.1 Destruction or Return of District Data. With the exception of De-identified Data
that District has specifically agreed in writing to allow Contractor to use after termination or
expiration of this Agreement, or District Data for which Contractor has specifically obtained
consent from the parent, legal guardian or student to keep, within thirty (30) calendar days after
termination or expiration of this Agreement, Contractor shall ensure that all District Data and PII
that Contractor collected, generated or inferred pursuant to the Contract (“Contract Data”), is
securely returned or Securely Destroyed, as directed by the District. In the event that the District
requests destruction, Contractor agrees to Securely Destroy all District Data and Contract Data
that is in its possession and cause its Subcontractors to Securely Destroy all District Data and
Contract Data that is in the possession of any Subcontractors. If the District requests return,
Contractor shall securely return all District Data and Contract Data to the authorized person
specified by the District, using the methods requested by the District, in its discretion. The
Contractor shall promptly certify in writing to District that such District Data and Contract Data
has been disposed of or returned securely, using the form attached hereto as Schedule 3.
9.2 Transfer and Destruction of District Data. If the District elects to have all District
Data or Contract Data that is in Contractor’s possession or in the possession of Contractor’s
Subcontractors transferred to a third party designated by the District, such transfer shall occur
within a reasonable period of time but no later than thirty (30) calendar days after expiration or
termination of this Agreement, and without significant interruption in service or access to such
District Data. Contractor shall work closely with such third party transferee to ensure that such
transfer/migration uses facilities and methods are compatible with the relevant systems of the
District or its transferee, and to the extent technologically feasible, that the District will have
reasonable access to District Data during the transition. District will pay all costs associated with
such transfer, unless such transfer is as the result of termination of this Agreement following
Contractor’s breach of the terms of this Agreement. Upon successful transfer of District Data, as
confirmed in writing by the District’s Designated Representative, Contractor shall Securely
Destroy all District Data in accordance with Section 9.1.
9.3 Response to Specific Data Destruction or Return Requests. Contractor shall

Securely Destroy or return any specific District Data or Contract Data that is in its possession or
in the possession of its Subcontractors within five (5) business days, excluding national holidays,
after receiving a written request from the District.
10. Indemnification
Contractor shall indemnify and hold District and its directors, employees, board members and
agents from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest,
award, penalties, fines, costs or expenses, including attorneys’ fees, the costs of enforcing any right
to indemnification hereunder and the cost of pursuing any insurance providers, arising out of or
9
resulting from any third-party claim against District or its directors, employees, board members
and agents arising out of or resulting from Contractor’s failure to comply with any of its obligations
under Sections 3, 4, 5, and 9 of this Addendum. These indemnification duties shall survive
termination or expiration of this Agreement.
11. Insurance
11.1 Type. Contractor shall purchase and maintain during the term of this Agreement
Technology Errors and Omissions/Professional Liability Insurance, including Network Security
and Privacy Liability Insurance. Such policy shall cover professional misconduct or lack of
ordinary skill in providing services, systems and/or product as defined in the scope of services of
this Agreement. In the event that the professional liability insurance required by this Agreement
is written on a claims-made basis, Contractor warrants that any retroactive date under the policy
shall precede the effective date of this Agreement, and that either continuous coverage will be
maintained or an extended discovery period will be exercised for a period of two (2) years
beginning at the time work under this Agreement is completed. If such insurance is maintained
on an occurrence form basis, Contractor shall maintain such insurance for an additional period of
one (1) year following termination of this Agreement. If such insurance is maintained on a claims-
made basis, Contractor shall maintain such insurance for an additional period of three (3) years
following termination of this Agreement. If Contractor contends that it maintains other insurance
not specified herein that otherwise satisfies these requirements (or otherwise insures the risks
described in this section), then Contractor shall provide proof of same.
11.2 Coverage. The insurance required by this Section shall provide coverage for the
following risks:
11.2.1 Any error, misstatement, misleading statement, act, omission, neglect,

breach of duty or personal injury offense for the Contractor rendering or failure to render
technology services and the failure of the Contractor’s technology products to perform the function
or serve the purpose intended.
11.2.2 Liability arising from theft, dissemination and/or use of District Data stored
or transmitted in electronic form.
11.2.3 Network Security Liability arising from the unauthorized access to, use of
or tampering with computer systems including hacker attacks, inability of an authorized third party
to gain access to Contractor’s services including denial of service, unless caused by a mechanical
or electrical failure.
11.2.4 Liability arising from the introduction of a computer virus, malware or

ransomware into, or otherwise causing damage to, a customer’s or third person’s computer,
10
computer system, network or similar computer-related property and the data, software, and
programs thereon.
11.3 Additional Requirements. In addition to the foregoing requirements, the policy

shall provide a waiver of subrogation in favor of the District and shall be endorsed to include the
following additional insured language: “Academy School District 20, and its elected officials,
trustees, employees, and agents, shall be named as additional insureds with respect to liability
arising out of the activities performed by, or on behalf of the Contractor." Contractor shall provide
Academy School District 20 with certificates of insurance evidencing the policies and additional
insured status on stated policies. The policy shall be for the following amounts:
For Agreements with a contract price of $500,000 or less:
Minimum Limits:
Per Loss $ 1,000,000
Aggregate $ 3,000,000
For Agreements with a contract price exceeding $500,000:
Minimum Limits:
Per Loss $ 3,000,000
Aggregate $ 5,000,000
12. Miscellaneous
12.1 No End User Agreements. In the event that the Contractor enters into terms of use
agreements or other agreements or understandings, whether electronic, click-through, verbal or in
writing, with End Users, the parties agree that in the event of a conflict between the terms of any
such agreement and this Addendum, the terms of this Addendum and the Contract, in that order of
precedence, shall control.
12.2 Public Inspection of Agreement. Contractor acknowledges and agrees that this
Agreement and all documents Contractor provides District as required herein, are public records
for purposes of the Colorado Open Records Act, C.R.S. § 24-72-100.1 et seq. and shall at all times
be subject to public inspection.
12.3 Survival. The Contractor’s obligations under Sections 3, 4, 5, 6, 9, and 10, and any
other obligations or restrictions that expressly or by their nature are to continue after termination,
shall survive termination of this Agreement for any reason until all District Data has been returned
or Securely Destroyed.
11
12.4 Governing Law. This Addendum shall be governed and construed in accordance
with the laws of Colorado, excluding its choice of law rules. Any action or proceeding seeking
any relief under or with respect to this Agreement shall be brought solely in the federal court
located in Colorado or the state court located in El Paso County, Colorado.
12.5 Immunities. The District retains all of its rights, privileges and immunities under
the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq.
12.6 No Assignment. Contractor shall not assign or subcontract any of its rights or
obligations hereunder without the express written consent of District.
12.7 No Third Party Beneficiaries. Nothing in this Agreement shall be construed to give
any rights or benefits to anyone other than District.
12.8 Schedules. The following schedules are attached hereto, or shall be attached hereto,
and are specifically made a part hereof by this reference:
Schedule 1 -- Designated Representatives

Schedule 2 -- Subcontractors
Schedule 3 -- Written Consent to Maintain De-identified Data
Schedule 3 -- Certification of Destruction\Return of District Data
12.9 Counterparts. This Addendum may be executed in one or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument.
IN WITNESS WHEREOF, the parties have executed this Addendum as of the date set
forth below each party’s signature.
ACADEMY SCHOOL DISTRICT 20 _______________________

NAME OF CONTRACTOR
By: ________________________________ By: ________________________________

Signature of Authorized Officer
Its: ________________________________ ____________________________________

Printed Name & Title of Authorized Officer
Date: _______________________________ Date: _______________________________
12
SCHEDULE 1
District/Contractor Designated Representative
DISTRICT REPRESENTATIVE CONTRACTOR REPRESENTATIVE

Name: Shelley Kooser Name:
Title: Chief Information Officer Title:
Address: 1110 Chapel Hills Drive Address:

Colorado Springs, CO 80920
Phone:
Phone: 719-234-1200
E-mail:
E-mail: shelley.kooser@asd20.org
13
SCHEDULE 2
Subcontractors
Contractor shall update this information as necessary to maintain accuracy and shall send revised attachments, exhibits or schedules to the
District’s Authorized Representative.
Name of Subcontractor Primary Contact Person Subcontractor Address Subcontractor Purpose of re-disclosure
Phone/email to Subcontractor
14
SCHEDULE 3
Written Consent to Maintain De-identified Data
The District hereby gives its consent for Contractor to retain and use for the stated purpose and period, De-identified Data elements as set forth below:
Description of De-identified Data Elements Purpose for Retention and Use Period of Use
I, __________________________, as [title] ___________ and the authorized representative of Contractor, do hereby certify that no attempt will be made
to re-identify De-identified Data.
Contractor Name: _______________________________________________________________
Contractor Representative Name: __________________________________________________
Title: _________________________________________________________________________
Signature: ______________________________________________ Date: _________________
15
SCHEDULE 4
Certification of Destruction\Return of District Data
I, _________________________, as the authorized representative of the Contractor, do hereby acknowledge and certify under penalty of perjury that [initial
next to both subparts of the applicable Part A or Part B]:
Part A - Destruction:
_____ the District Data and PII provided to Contractor by the District as part of the Data Protection Addendum in accordance with federal and state law was destroyed
on __________________, 20___ by means of [describe destruction methods]: ____________________________________.
_____ the District Data and PII provided to Contractor’s Subcontractors as part of the Data Protection Addendum in accordance with federal and state law was destroyed
as set forth below:
Name of Subcontractor Date of Deletion Destruction Method
Part B - Return: [If this option is elected by the District, then Contractor shall also complete Part A.]
______ the District Data and PII provided to Contractor by the District as part of the Data Protection Addendum in accordance with federal and state law was returned or
transferred to the District’s Authorized Representative or other person or entity designated by the District, on __________________, 20___ to
_____________________________, by means of [describe destruction methods]: ____________________________________________________________.
______ the District Data and PII provided to Contractor’s Subcontractors as part of the Data Protection Addendum in accordance with federal and state law was returned
or transferred to the District’s Authorized Representative or other person or entity designated by the District as set forth below:
Name of Subcontractor Date of Return Return / Transfer Method
Contractor Name: ______________________________________________________________________

Contractor Representative Name: _________________________________________________________
Title: ________________________________________________________________________________
Signature: _________________________________________________ Date: ______________________
16

Request For Proposal RFP 18-KG-1215 (BF) Learning Management System

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Request For Proposal RFP 18-KG-1215 (BF) Learning Management System

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REQUEST FOR PROPOSAL

RFP 18-KG-1215(BF) Learning Management System

February 14, 2018, 2:00 p.m. MST

Dec. 15, 2017 RFP issued

RFP 18-KG-1215(BF) Learning Management System

G. Cooperative Purchasing Efforts: The District is a member of the Cooperative Educational

a. Accept or reject any or all proposals received as a result of this RFP.

6. CONTRACT TERM AND COMPLETION DATE

b) Automobile Liability (Must Include Owned, Non-Owned and Hired Autos)

d) Workers Compensation/Employers Liability

e) Crime Insurance for Employee Dishonesty

f) Cyber Liability for loss of data risks

10. WARRANTY AND GUARANTEE

15. METHODS OF PAYMENT

16. COLORADO GOVERNMENTAL IMMUNITY ACT

17. CHANGE ORDERS

I. Interest will be computed in accordance with CRS 24-109-301.

19. SERVICE OF PROTESTS

20. PROTECTION OF DISTRICT PROPERTY

21. DATA PROTECTION

22. PROPOSAL INFORMATION AND EVALUATION CRITERIA

E. Proposals will be evaluated by at least the following criteria:

G. The District’s evaluation team will make recommendations to be considered by executive

23. SCOPE OF SERVICES

A.2 Current District applications

Functionality Current Data migration Integration In scope for

Enterprise Oracle No Yes

Google Drive Personal No Yes No

B.2 Vendor details

B.3 Vendor references

C.3 Software, hardware and operational requirements

C.4 Backup and disaster recovery

C.5 Security and compliance

C.7 Functional requirements

C.7.4 Teaching and learning design

C.7.6 Curriculum mapping

C.7.7 Content management/learning object repository

C.7.8 Course management

C.7.9 Intellectual property

C.7.10 Learner Tracking

C.7.11 Professional learning

C.8 Non-functional considerations

C.8.2.1 Vendor staffing

C.8.2.2 District staffing

C.8.4.2 Vendor technical support and issue resolution

C.8.4.3 Contract termination

The undersigned hereby affirms that:

Name of Company: ____________________________________________

Address: ________________________ City, State: ________________ ZIP: ______________

Contact Person: ___________________ Title: _____________________ Phone: ___________

E-mail Address: ___________________

Authorized Representative’s Signature: ____________________________ Phone: ___________

Printed Name: ____________________ Title: _____________________ Date: ____________

1.1 “Designated Representative” means District or Contractor employees as specified

1.6 “Incident” means a suspected, attempted, or imminent threat of unauthorized

1.11 “Security Breach” means an event in which District Data is exposed to

1.13 “Subcontractor” means Contractor’s employees, subcontractors or agents,

4.4 Verification of Safeguards. Upon District’s written request, Contractor shall

5. Security Incident and Security Breach

5.2 Response. Immediately upon becoming aware of a Security Breach, or a complaint

6. Response to Legal Orders, Demands or Requests for Data

6.1 Received by Contractor. Except as otherwise expressly prohibited by law,

7. Compliance with Applicable Law

Address: __________ City, State: ZIP:

Contact Person: _________ Title: _ Phone: _

Authorized Representative’s Signature: __________________ Phone: _

Printed Name: __________ Title: _ Date: __

By: By:

Its: ____

Date: _ Date: _

Signature: ______________________________ Date: _