ࡱ> y -bjbj P{{RFFFFFdZNL?<2!2!2!2!f"8$%;;;;;;;$=@J;QF&&f"f"&&&&;FF2!2!4;>)>)>)&&FF2!F2!;>)&&;>)>)6R82! ;Vl&z7n;<0?<7@'@$R8R88@F8&&&&>)&&&&&&&&&&;;>)&&&&&&?<&&&&&&&&@&&&&&&&&&&&&&&&&&& :  Request for Quotations Personal Services  FORMTEXT Development of the State Toolkit for Examining Post-School Success (STEPSS) Quotations due by:  FORMTEXT July 9, 2012, 5:00 P.M. Contact:  FORMTEXT Melissa Moseley Phone:  FORMTEXT 541-346-0374 Fax:  FORMTEXT 541-346-0322 Email:  FORMTEXT mmoseley@uoregon.edu Department:  FORMTEXT Technical Assistance and Consulting Services (TACS) Address:  FORMTEXT 1268 University of Oregon, Eugene, OR 97403-1268 Submittal Instructions: Enter the requested information on the Request for Quotations form, print and sign it. Prepare your complete response, including the Request for Quotations form and any additional documents. Submit the complete response via email, facsimile or US mail to the department contact noted above. General Information: Quotations to provide personal services as described below in the Scope of Work, will be received by the State Board of Higher Education acting by and through the University of Oregon (University). Please use this form to submit your response pursuant to the submittal instructions by the date and time shown above. Additional documents may be included as part of the response, please provide all documents in Word format. By providing a quote in response to this Request for Quotations, Contractor agrees to the terms and conditions contained in this Request for Quotations and further agrees to the attached Personal Services Contract Standard Contract Provisions (Attachment A). Any contract resulting from this Request for Quotations will be subject to Attachment A. Responses submitted on other than this form, after the due date and time, not signed or that contain any exceptions or modification to the terms and conditions contained in this Request for Quotations or Attachment A, may be deemed non-responsive by University in its sole discretion.  FORMCHECKBOX  If checked, this quotation is subject to additional University terms and conditions attached and titled: ATTACHMENT D Personal Services Contract Insurance Requirements Background: National Post-School Outcomes Center (NPSO) is a five-year project funded by the Office of Special Education Programs in January 2010. It is a collaborative effort of Technical Assistance and Consulting Services and the Secondary Special Education and Transition Unit at the University of Oregon. Our mission is to help state education agencies (SEAs) establish practical and rigorous data collection systems that will measure and profile the post-school experiences of youth with disabilities (i.e., Indicator 14). The results of collecting Indicator 14 data will be used for national, state, and local reporting and, most importantly, to guide and improve transition services to this population. NPSO developed, piloted, and published a toolkit to assist SEAs and local education agencies (LEAs) and their stakeholders in using post-school outcome (PSO) data to improve programs for youth with disabilities. The Indicator 14 Data Use Toolkit consists of two components. Component 1: Preparing and Sharing State Post-School Outcome Data guides SEAs to organize and disseminate state-level PSO data to local school districts. Component 2: Examining Local Post-School Outcomes Data includes a District Facilitators Guide to assist LEA personnel to prepare for and lead a guided discussion about local PSO data using the Examining Local Post-School Outcomes PowerPoint Template to help local stakeholders in programmatic decision-making. Through piloting, NPSO recognized two needs: (a) to incorporate graduation and dropout data, quality transition planning, and an action planning process focused on applying evidence-based practices to address needs identified through the examination of data, and (b) the SEAs and LEAs desire to have the tool in an electronic form to reduce data entry time. To address those needs, in November 2010, NPSO, the National Secondary Transition Technical Assistance Center, and the National Dropout Prevention Center for Students with Disabilities along with five SEA representatives (WA, CO, KS, KY, and WI) met and outlined the next generation of the Indicator 14 Data Use Toolkit. This revised toolkit, State Toolkit for Examining Post-School Success (STEPSS), will address the needs for expanded content (i.e., graduation and dropout data and quality transition planning) and electronic data entry. The consensus of the SEA stakeholders at the November think tank was that a web-based version of the tool would increase the likelihood of use by both SEAs and LEAs. The ultimate goal of STEPSS is to enable data-based decision-making within states to collect (or obtain), analyze, and use state- and local-level data. The data relates to improving instructional practices, policies, and student outcomes in secondary schools, which will ultimately improve PSO for youth with disabilities relating to school completion, postsecondary education enrollment, and career success. Scope of Work: The National Post-School Outcomes Center at the University of Oregon is seeking a qualified web development team to develop and design a web-based application to enable data-based decision-making within states to collect (or obtain), analyze, and use state- and local-level data. The data relates to improving instructional practices, policies, and student outcomes in secondary schools, which will ultimately improve post-secondary outcomes for youth with disabilities relating to school completion, postsecondary education enrollment, and career success. The web-based application will: allow SEAs to upload LEA-level aggregate graduation, dropout, quality IEP compliance data, and case-level PSO data into a secure, web-based application; generate graphs from crosstabs of disaggregated outcomes (i.e., higher education enrollment, competitive employment rate, other postsecondary education or training rates, and some other employment rates) by demographic subgroups (i.e., gender, disability categories, race/ethnicity, and method of exit) using the principles of data display; produce data displays in a variety of modalities (e.g., Adobe .pdf, Microsoft PowerPoint); guide LEA data teams through a series of questions which serve as filters to help the LEA personnel identify evidence-based practices and predictors of post-school success correlated with positive PSO; guide LEA data teams in the development of targeted action plans to improve programs and outcomes for secondary age youth with disabilities. The action planning component of the web-based application should consist of (1) reviewing indicator data to frame a local problem, (2) forming a question to investigate, (3) collecting additional data, if needed, to answer the question, (4) developing an action plan by selecting, implementing, and evaluating appropriate evidence-based practices/predictors of post-school success to answer the question and, ultimately, solve the initial problem. Below is a description what NPSO envisions the web-based application to be and main features that would need to be developed by the team of web developers and designers. Description of web-based STEPSS: The primary purpose of STEPSS will be to allow a team of state or local district personnel to input, display, organize, filter, and analyze transition-related data to develop action plans that target programmatic improvement and measurable outcomes. A secondary purpose of STEPSS will be to provide a way to present data in aggregate form in a variety of displays for different groups of stakeholders. Ideally, an SEA team will use the tool to provide more accessibility to relevant and important PSO data across all LEAs. NPSO and its partners have developed a series of tools in the past consisting of Excel spreadsheets, PowerPoint presentations, and PDF/print manuals and guides. Some of the intended audience found these tools to be comprehensive and very useful. For others, a common barrier to adoption was complexity and the general requirement of a skill set to use Microsoft Office applications. With a web-based application, more control over the user interface and ability to break components out into targeted subject matter will be gained as well as breaking down examination of the data and program improvement tasks into smaller, more concise steps. Main Features of web-based STEPSS Modular Construction. The tool will be modular, so that individual teams can work with particular sets of data, only providing the data necessary for each specific module. Within each module, the tool will feature a "wizard" that will walk a team or user through the process of collecting the appropriate data and entering it into the system and then choosing appropriate ways to display and analyze the data. The tool will include a variety of templates that display data in different ways; for example, aggregating demographic data across the entire state or disaggregating numbers by districts or regions, and providing simple (such as "big picture" pie charts) or complex charts (such as multi-layered, stacked bar-charts) as appropriate. Probing Questions. STEPSS will contain a series of probing questions that will facilitate the user, while visually inspecting their data, to identify potential gaps in their transition data. The answers to the probing questions will help the system filter and select resources that can assist a team to prioritize activities that are important and valued to develop action plans based on evidence-based practices (e.g., transition-related practices) and the SEA/LEAs capacity for implementation. Discussion Area. Each module will feature a discussion area where individual users can post comments or ask questions. Other users, whether SEA personnel or technical assistance providers, can answer questions and respond to comments, providing links to other sites whenever appropriate and establishing a community of support. When a team is ready to display data to stakeholders, there will be several options for doing so. The team may request a publicly available URL to a specific report page, which will allow the team to post the link to the page on a public website or send via email. Users may export appropriate templates in a few different formats for more controlled distribution or presentation. The export formats will include Dynamic HTML, PDF, and PowerPoint. Optionally, the tool will allow teams to upload resources through the tool and choose to share them publicly or make them available only to other members of the team. Data Security. Because local and demographic data will be collected, the tool will need to provide security to protect all data. Additionally, the tool will be designed for team use; therefore, access will be based on per-state or per-team security model. For example, an SEA team can start a project and grant data-entry or data-view access to local agencies. A team may also choose to grant limited or unlimited access to a technical assistance provider for assistance. Additionally, a state could choose to make a specific chart or graph available to the public. Teams will have the option to store data in the web server's database for long-term data entry and action-plan development. There will also be an option to use the data only for generating output files and not storing it (for those states with limitations or concerns regarding low numbers of district and demographic counts being stored "off-site"). Portable Technology. STEPSS will be developed as a web-based application and be written in a common programming language. The end-user will need a modern web browser with JavaScript enabled. Optionally, teams may export raw data from the system (in a comma-delimited format, readable by Excel and other programs). Teams may also export template-guided sets of data as presentations in the format of their choice based on their resources and available presentation software (a web browser, a PDF viewer such as Adobe Reader, or Microsoft PowerPoint). NPSO will host the web application on its web server and will make access to the tool freely available to anyone. Source Code. The source code of the tool will be made available under an open source license. Any state or team that wishes to deploy the tool on their web server may do so. In such a case, the state must have the capacity to administer their own web server, securely backup their own data, and maintain responsibility to acquire updates to the source code as they are released. The web-based STEPSS will provide SEAs multiple options for usage to increase the dissemination of the tool. Qualifications: Ability to meet project timeline: August 1, 2012 November 1, 2012. Demonstrated experience developing applications similar in type and magnitude to the subject of this RFQ scope of work. Submittals: Resume for the individual or resume for the firm with individual resumes of key personnel. Contractor's experience performing projects similar in type and magnitude to the subject of this RFQ. Responses must include a minimum of three examples. At least three references and contact information for whom similar projects have been completed by the Contractor. These references may be contacted by University for an evaluation and assessment of the Contractor's performance. Full description of how Contractor would approach this project and fully address all deliverables stated above including timelines and availability. Itemized detailed pricing for work to complete the project  FORMTEXT Development of the State Toolkit for Examining Post-School Success (STEPSS) Quote for Requested Scope of Work to be Completed by Contractor Check all items applicable to this Request for Quotation:  FORMCHECKBOX  Response/Informal Proposal included with submittal addresses the following:  FORMCHECKBOX   FORMTEXT [INSERT TYPE OF SUBMITTAL, IE. REFERENCES, QUALIFICATIONS]  FORMCHECKBOX   FORMTEXT [INSERT TYPE OF SUBMITTAL, IE. REFERENCES, QUALIFICATIONS] Price Quote for Services:  FORMCHECKBOX  Fixed Fee:  FORMTEXT        FORMCHECKBOX  Variable Fee  Define Structure (ie. Rate per hour or per deliverable):  FORMTEXT       Prices shall be firm for three months Contractor agrees to furnish the above according to University s terms, conditions, and specifications. Contractor:  FORMTEXT       Signature:  FORMTEXT       Print Name:  FORMTEXT       Date:  FORMTEXT       Address:  FORMTEXT       Email:  FORMTEXT       Phone:  FORMTEXT       Fax:  FORMTEXT        FORMCHECKBOX  No Quote. Date Contacted:  FORMTEXT      Reason:  FORMTEXT       ATTACHMENT A PERSONAL SERVICES CONTRACT STANDARD CONTRACT PROVISIONS ACCESS TO RECORDS. Contractor will maintain records, sufficient to accurately document its performance of this Contract. University will have access to such records of Contractor for the purpose of determining compliance with this Contract. Contractor will retain all such records, for a minimum of six years following final payment under or termination of this Contract, or such longer period as may be required by applicable law or to conclude any audit, review, or controversy. INDEMNITY FOR INFRINGEMENT CLAIMS. EXCEPT TO THE EXTENT ARISING FROM MATERIALS PROVIDED TO CONTRACTOR BY UNIVERSITY, WHICH MATERIALS ARE UTILIZED BY CONTRACTOR IN THEIR UNALTERED FORM AND WITHOUT LIMITING THE GENERALITY OF THE INDEMNIFICATION CLAUSE REFERENCED IN THE HOLD HARMELSS SECTION BELOW, CONTRACTOR EXPRESSLY AGREES TO INDEMNIFY AND HOLD HARMLESS UNIVERSITY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS, LOSSES, LIABILITIES, COSTS, EXPENSES, AND DAMAGES ARISING OUT OF OR RELATED TO ANY CLAIMS THAT THE DELIVERABLES INFRINGE ANY PATENT, COPYRIGHT, TRADE SECRET, TRADEMARK, TRADE DRESS, MASK WORK, UTILITY DESIGN, OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY. The indemnity under this Section will not apply to the extent such alleged or actual infringement arises as a result of (i) modifications of such work made by University which were not approved by Contractor, or (ii) Contractors compliance with any of Universitys designs, specifications or instructions. In the event that a court of competent jurisdiction determines in a final, nonappealable order that the work is infringing in a manner for which Contractor is obligated to indemnify University pursuant to this Section, Contractor will, at its option, either (1) procure for University the right to continue using such infringing work; (2) replace the infringing work with a non-infringing item of like form, fit or function; or (3) modify the work so that it no longer infringes. HOLD HARMLESS. Contractor will be responsible for all damage to property, injury to persons, and loss, expense, inconvenience, and delay which may be caused by, or result from any act or omission of Contractor, its subcontractors, agents, or employees. Contractor will indemnify and hold harmless University and its governing board and their directors, officers, agents, employees, and members from all claims, suits, and actions of any nature resulting from or arising out of the acts or omissions of Contractor or its subcontractors, officers, agents, or employees. INSURANCE. Contractor will secure insurance at Contractors expense and keep that insurance in effect during the term of this Contract as indicated on Attachment D, if attached. INDEPENDENT CONTRACTOR STATUS. The service(s) to be rendered under this Contract are those of an independent contractor. Contractor is not to be considered an agent or employee of University for any purpose, and neither Contractor nor any of Contractor's agents or employees are entitled to any of the benefits that University provides for its employees. Nothing in this Contract will be construed to create a partnership, joint venture, franchise, agency, or employment relationship between the Parties. OWNERSHIP OF WORK PRODUCT. All work product of Contractor that results from this Contract (Work Product) is the exclusive property of University. University and Contractor intend that such Work Product be deemed "work made for hire" of which University will be deemed the author. If for any reason the Work Product is not deemed "work made for hire," Contractor by this Contract irrevocably assigns to University all its right, title, and interest in and to any and all of the Work Product, whether arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law or doctrine. Contractor will execute such further documents and instruments as University may reasonably request in order to fully vest such rights in University. Contractor forever waives any and all rights relating to the Work Product, including without limitation, any and all rights arising under 17 USC 106A or any other rights of identification of authorship or rights of approval, restriction or limitation on use or subsequent modifications. REPRESENTATIONS AND WARRANTIES. Contractor represents and warrants that (1) Contractor has the power and authority to enter into and perform this Contract; (2) The individual signing for Contractor is authorized to execute this Contract on behalf of Contractor; (3) This Contract, when executed and delivered, will be a valid and binding obligation of Contractor, enforceable in accordance with its terms; (4) The work under this Contract will be performed in a good and workmanlike manner and in accordance with the highest professional standards; (5) Contractor will, at all times during the term of this Contract, be qualified, professionally competent, and duly licensed to perform the work; and (6) Contractors name, as it appears in this Contract, is Contractors legal name, as it will appear in the Contractors W-9, and if Contractor is an entity rather than an individual that the entity named in this Contract is validly existing and in good standing. The warranties set forth in this Section are in addition to, and not in lieu of, any other warranties provided; SUBCONTRACTS AND ASSIGNMENTS. Contractor will not subcontract, assign, or transfer any of its interest in this Contract without obtaining prior written approval from University, which consent may be withheld by University in its sole discretion. As a condition to requesting prior written approval, Contractor must provide a written copy of any such proposed assignment or subcontract to University. University's consent to any assignment or subcontract will not relieve Contractor of any of its duties or obligations under this Contract. Any assignment or subcontract in contravention of this Section will be null and void. TERMINATION. (a) This Contract may be terminated at any time by mutual written consent of both Parties. (b) University may at its sole discretion terminate this Contract in whole or in part upon thirty 30-days written notice to Contractor. (c) University may terminate this Contract effective upon delivery of written notice to Contractor, or at such later date as may be established by University, if (i) federal or state regulations or guidelines are modified, changed, or interpreted in such a way that either the work under this Contract is prohibited or University is prohibited from paying for such work from the planned funding source; or (ii) any license or certificate required by law or regulation to be held by Contractor to provide the services required by this Contract is for any reason denied, revoked, or not renewed. (d) University may terminate this Contract for default (including breach of contract) if (i) Contractor fails to provide services or deliverables called for by this Contract within the time specified in this Contract or any extension of this Contract; or (ii) Contractor fails to perform any of the other provisions of this Contract, or so fails to pursue the work as to endanger performance of this Contract in accordance with its terms, and after receipt of notice from University, fails to correct such failures within ten business days. (e) Contractor may terminate this Contract upon 30-days written notice to University if University fails to pay Contractor pursuant to the terms of this Contract and University does not cure such failure to pay within 30 business days after receipt of Contractor's written notice, or such longer period as Contractor may specify. TERMINATION DUE TO NONAPPROPRIATION OF FUNDS. University may terminate this Contract upon written notice to Contractor if University has not: (a) Received from the Oregon Legislative Assembly appropriations, limitations or other expenditure authority, or (ii) Received allotments pursuant ORS Chapter 291 sufficient to allow University, in the exercise of its reasonable administrative discretion, to pay the amounts of this Contract. REMEDIES. (a) In the event of termination pursuant to Section 9(b), 9(c)(i), or 10, Contractor's sole remedy will be a claim for the sum designated for accomplishing the work multiplied by the percentage of work completed and accepted by University, less previous amounts paid and any claim(s) which University has against Contractor. If previous amounts paid to Contractor exceed the amount due to Contractor under this subsection, Contractor will pay any excess to University upon demand. (b) In the event of termination pursuant to Sections 9(c)(ii) or (d), University will have any remedy available to it in law or equity. If it is determined for any reason that Contractor was not in default under these subsections, the rights and obligations of the Parties will be the same as if the Contract was terminated pursuant to Section 9(b). (c) Upon receiving a notice of termination of this Contract, Contractor will immediately cease all activities under this Contract, unless University expressly directs otherwise in writing. Upon termination of this Contract, Contractor will deliver to University all Work Product, documents, information, works-in-progress and other materials that are or would be deliverables or otherwise the property of University had the Contract been completed. Upon University's request, Contractor will surrender to anyone University designates, all documents, research or objects or other tangible things needed to complete the work. CONFLICT OF INTEREST. Contractor covenants that it presently has no interest and will not acquire any interest, direct or indirect, which would conflict in any manner with or prohibit Contractors full performance of this Contract. Contractor also covenants that in the performance of this Contract no person having any such interest will be employed. Contractor further covenants that its performance of this Contract will not cause any employee or volunteer of University to violate ORS Chapter 244. NON-RESIDENT FOREIGN CONTRACTORS. For non-resident foreign Contractors with U.S. sourced income, University will withhold Federal Tax at the applicable tax rate from Contractor's fee unless Contractor is eligible for tax treaty benefits, or qualifies for exemption under other areas of the tax code. Contractor must provide a completed and signed US Internal Revenue Service (IRS) Form to claim tax treaty benefits (8233 or appropriate W8 form). Contractor must have a U.S. reporting Identification Number, a Social Security Number (SSN), IRS Tax Identification Number (ITIN), or Employer Identification Number (EIN) to be eligible for tax treaty benefits. If applicable, Contractor will enter the US in a legal status allowing Contractor to work for University as evidenced by the US Citizenship and Immigration Services (USCIS) I-94 stamped or attached to Contractors passport or this Contract is void. LIMITATION OF LIABILITIES. UNIVERSITY WILL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES UNDER THIS CONTRACT, OR (ii) ANY DAMAGES OF ANY SORT ARISING SOLELY FROM THE TERMINATION OF THIS CONTRACT IN ACCORDANCE WITH ITS TERMS. NOTICES. Except as otherwise expressly provided in this Contract, any communications between the Parties or notices to be given under this Contract will be given in writing by personal delivery, facsimile, or mailing the same, postage prepaid, to Contractor or University at the address or number set forth on the signature page of this Contract, or to such other addresses or numbers as the Parties may from time to time direct in writing. Any communication or notice so addressed and mailed will be deemed to be given five days after mailing. Any communication or notice delivered by facsimile will be deemed to be given when receipt of the transmission is generated by the transmitting machine. To be effective against University, such facsimile transmission must be confirmed by telephone notice to University's supervising representative. Any communication or notice by personal delivery will be deemed to be given when actually delivered. CAPTIONS. The captions or headings in this Contract are for convenience only and in no way affect the meaning or interpretation of this Contract. COMPLIANCE WITH APPLICABLE LAW. Contractor will comply with all applicable federal, state, county, and local laws, ordinances, and regulations. Contractor also agrees to comply with all applicable laws prohibiting discrimination on the basis of race, sex, national origin, religion, age, sexual orientation, status as a veteran, or handicap. GOVERNING LAW; JURISDICTION; VENUE. This Contract will be governed and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, or suit between University and Contractor will be brought and conducted solely and exclusively within a Circuit Court for the State of Oregon. However, if any claim, action, or suit must be brought in a federal forum, it will be brought and conducted exclusively in the United States District Court for the District of Oregon. In no event will any part of this Contract be construed as a waiver by University of its sovereign and governmental immunities. BY EXECUTION OF THIS CONTRACT, CONTRACTOR CONSENTS TO IN PERSONAM JURISDICTION OF SUCH COURTS. RECYCLED PRODUCTS. Unless expressly otherwise provided for in this Contract, all paper products will be sourced from mills using elemental chlorine-free processes and contain a minimum of 30% post-consumer waste. HAZARD COMMUNICATION. Contractor will notify University prior to using products containing hazardous chemicals to which University employees may be exposed. Products containing hazardous chemicals are those products defined by Oregon Administrative Rules Chapter 437. SURVIVAL. All provisions of this Contract that would reasonably be expected to survive the termination of this Contract will do so. SEVERABILITY. If any term or provision of this Contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions will not be affected. The Parties agree to attempt to substitute for any illegal or unenforceable provision a valid or enforceable one that achieves the economic, legal and commercial objectives of the illegal and unenforceable provision to the greatest extent possible. SUCCESSORS IN INTEREST. This Contract will be binding upon and will inure to the benefit of the Parties, and their respective successors and assigns. ECONOMIC OPPORTUNITIES. Contractor will, when applicable, have made good faith efforts to work with or obtain materials to be used in performing the Contract from minority-owned, women-owned, and emerging small business enterprises. FEDERAL PROVISIONS. If this Contract is federally funded in whole or in part, Contractor must comply with all applicable provisions of OMB Circular A-110. Further, if this Contract is funded with American Recovery and Reinvestment Act (ARRA) funds or if Federal Funding Accountability and Transparency Act (FFATA) applies, Contractor is required to submit certain information to University. If Contractor fails to timely submit such required information, University reserves the right to cancel this Contract or, if work has been performed, withhold payment until such required submittals have been received. EXCLUSIVITY. University is not bound by exclusivity provisions. DUAL PAYMENT. Contractor will not be compensated by any other party for work performed under this Contract. NO THIRD PARTY BENEFICIARIES. University and Contractor are the only parties to this Contract and are the only parties entitled to enforce its terms. Nothing in this Contract gives, is intended to give, or will be construed to give any benefit or right, whether directly, indirectly or otherwise, to third persons unless such third persons are individually identified by name and expressly described in this Contract as intended beneficiaries. TIME IS OF THE ESSENCE. Contractor agrees that time is of the essence under this Contract. OVERDUE ACCOUNT CHARGES. Payment of overdue account charges by University will be subject to OAR 580-061-0050. FOREIGN CONTRACTOR. If Contractor is not domiciled or registered to do business in the State of Oregon, Contractor will promptly provide to the Oregon Department of Revenue and the Secretary of State, Corporation Division, all information required by those agencies relative to this Contract. Contractor will demonstrate its legal capacity to perform these services in the State of Oregon prior to entering into this Contract. FORCE MAJEURE. Neither University nor Contractor will be held responsible for delay or default caused by fire, riot, acts of God, terrorist acts, or other acts of political sabotage, or war where such cause was beyond, respectively, University or Contractor's reasonable control. Contractor will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligation under this Contract. WAIVER. The failure of University to enforce any provision of this Contract will not constitute a waiver by University of that or any other provision. ATTACHMENTS. All attachments, addenda, schedules and exhibits which are referred to in this Contract are incorporated in this Contract. MERGER. THIS CONTRACT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED IN THIS CONTRACT REGARDING THIS CONTRACT. NO AMENDMENT, CONSENT, OR WAIVER OF TERMS OF THIS CONTRACT WILL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY ALL PARTIES. ANY SUCH AMENDMENT, CONSENT, OR WAIVER WILL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. CONTRACTOR, BY THE SIGNATURE TO THIS CONTRACT OF ITS AUTHORIZED REPRESENTATIVE, ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE CONTRACT AND CONTRACTOR AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. COMMUNICATIONS STANDARDS AND GRAMMAR AND STYLE GUIDELINES. Contractor will conform to all applicable University Communications Standards and University Grammar and Style Guidelines as set forth in the UO Style Guide available at:  HYPERLINK "http://des.uoregon.edu/stylemanual.pdf" http://des.uoregon.edu/stylemanual.pdf. EXECUTION AND COUNTERPARTS. This Contract may be executed in counterparts, and via facsimile or electronically transmitted signature (i.e. emailed scanned true and correct copy of the signed Contract), each of which will be considered an original and all of which together will constitute one and the same Contract. At the request of a Party, the other Party will confirm facsimile or electronically transmitted signature page by delivering an original signature page to the requesting Party. ATTACHMENT D PERSONAL SERVICES CONTRACT INSURANCE REQUIREMENTS (Only complete when insurance is required) During the term of this Contract, Contractor will maintain in full force at Contractors own expense the insurance indicated below and fulfill the following requirements: 1. General Liability Insurance  FORMCHECKBOX  Required by University  FORMCHECKBOX  Not Required by University Contractor will obtain comprehensive general liability insurance with a broad form CGL endorsement or broad form commercial general liability insurance, with a minimum combined single limit of not less than  FORMCHECKBOX  $1,000,000 for each occurrence and $2,000,000 aggregate or  FORMCHECKBOX  $2,000,000 for each occurrence and $5,000,000 aggregate covering bodily injury and property damage, and will include personal and advertising injury liability, products liability, and contractual liability coverage for the indemnity provided under this Contract. It will provide that University and officers and employees are additional insureds but only with respect to the Contractor's services to be provided under this Contract (See Paragraph #4 of this Attachment). 2. Commercial Auto Liability Insurance:  FORMCHECKBOX  Required by University  FORMCHECKBOX  Not Required by University Commercial automobile liability insurance with a minimum combined single limit of $1,000,000 for each accident and $2,000,000 aggregate for bodily injury and property damage, including coverage for owned, hired and non-owned vehicles, as applicable. 3. Professional Liability Insurance: FORMCHECKBOX  Required by University  FORMCHECKBOX  Not Required by University Examples to consider: attorney, physician, dentist, counselor, architects, etc. Professional Liability insurance with a combined single limit, or the equivalent, of not less than  FORMCHECKBOX  $1,000,000 per occurrence and $2,000,000 aggregate or  FORMCHECKBOX  $2,000,000 per occurrence and $5,000,000 aggregate. This is to cover damages caused by error, omission, or negligent acts related to the professional services to be provided under this Contract. If this insurance is arranged on a claims made basis, tail coverage will be required at the completion of this Contract for a duration of 24 months. Only a certificate is required. If in the presence of minors:  FORMCHECKBOX  Required by University  FORMCHECKBOX  Not required by University In addition to the above professional liability insurance requirements, above, Contractors professional liability insurance policy will contain provisions for coverage of allegations of corporal punishment, sexual abuse, and molestation. 4. Insurance; Certificates of Insurance and Endorsements. Contractor will obtain insurance policies issued by an insurance company authorized to do business in the State of Oregon with a minimum financial rating of an AM Best rating of A- or higher. Contractors liability insurance, except for professional liability insurance, will be arranged on an occurrence basis. The Contractor will be financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance. Upon request by University, Contractor must provide to University a Certificate of Insurance from the insuring company evidencing insurance coverage required by this Contract. The Description of Operations must include (using the following exact language) the State Board of Higher Education acting by and through the University of Oregon, their officers and employees as additional insured. The certificate will provide that the insurance company will give a 30-days written notice to University if the insurance is cancelled or materially changed. 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If requested, complete copies of insurance policies will be provided to University. 5. Notice of cancellation or change. Contractor will not cancel, materially change, reduce limits, or fail to renew the insurance coverage(s) without 30-days' written notice from the Contractor or insurer(s) to University, Contract Manager at the following address: 720 E. 13th Avenue, Suite 302, Eugene, OR 97401.     !"$%&'()*+,- dgd H$d 4 00:pt/ =!@"@# $% 4 00:p{P/ =!@"@# $% 8 00:p{P/ =!8"8#8$8% P 8 00:p M/ =!8"8#8$8% P 4 00:p9/ =!@"@# $@% 8 00:p9/ =!@"@# $@% P Dds2   A"?*UO_Signature_blkPicture 1UO_Signature_blk.gifb$cDf.|~@u%Dbn$cDf.|~@u%PNG  IHDR]bKGDj7O cmPPJCmp0712`OIDATx^]y۸r+]A BU+\ T s+S T`n~ I~|f-b.O$wg$ _]ߥͥ"q#p5$_-y@&aygW(+ ΅wgƄ]jL fWlR;1azDn,إu{ŎL]I3JlMv ?]h<hwm'3MkJ? v?¤pL5D'xr}2+twL]#"&L]üeJw7/[ +\߆'0yD>Yџ@+y u&٫8j٪D]A+++y1!󼯞g9o+KŬQ@'ԻOO◰kpcE&]| _^_(sgYXv AMt ήRKG7oTIa)@ۚazHȶqMfVǕK5>TY.v.fyry#_ #XF ̮۔j3ؿ¢9杧zJ6*)hbWrBunYVn|ލRm p ';KF'd?c#ʇnDS85v-=G>9A`v#?N-p+jC9A`n*QɖLXElvNK.ab0@sIz.NY%$K YT"b4X: xF΋Hdz Ѝ*Ik-+Fh3 ղ!dÎU!AA`*]Nx`Q"Ff뺜 pF]z ]npFdŵ c2·b~-RΘlaA&̝&i܈A`]Ved8"EPa Y(gd H !I鬝pď PEӇ~IE ag%}hZaͻK%M# ]!J+~@%\ȐUXpy.y/1*sF߅ֽ(q%}{Xv=4 Ƞ';dd]<+u@,[ѽPf@KDVU'lϕr,s؂ [PQi 72%(݌9ԐH\hmųUcߌ+cAnC-°:eݠx tCU Բ7U3[Sh-.:0N%GI`&s~j[Щak y+8^TB꿿LkU5,gR\xI]*E*=3m=!ʯZ(?gÙԕH8o)vf()T:ȷZ9b6QՅ]gA/?eɨX.dX_R:q+0r'5wG"!wIRktxT2\%(2M.Ͱv J { %KKX+GeWvmwPPcԄ+jMUșFeA W #Q43S׫k iZC -vmBa X?<'BP:|Ď]r\o )#Ȗ-E-3z coAmWZQf^?ցga")ײ"jݛG=%ШovwDЙ.nnO?(GࢊqȒ}iz[y9}7 ުSn[jLuڨ9)U_>_FfE5lUm6hC'Ik\0GX1vZl2 дn_id++.m84,:㱫E3z.N 5ߧP)9x)=R%`i0Mʃ%@$zA5 hb5%, [ ]G/mh!\ϐ[vsucW0r>L 3;JYGszs}kNFnUsM_6DujmnۀFkϪ7@귻Gi(^®F2(ť2kn򡡺zj_4zQm![VTxw}*KE Z4Ī.yAs IluMWR学xPCax˖P[)VTWAHL+S/aWCS/ǺYk;R`0w:|¤ķJAޤC cJF>u>5BNt]丫ên1NcR j{%P*e0^ƺF10~1'ktL v>b{x/C͗5vR8ǥOpZ7ﵧDpkxv3F Yx0#zƤ1\$iM]TDYrܩJY#5 eaXoԓ>j5|J؈)B`mE2WTBSco 3%|iN] ͜zCðuM'NJ1 ~]Y53,]mb wgjӬ(g7LԷU8FZ*i bdS/aW_M W,+mr$m wvsNo/y hUvk_{ Mo|@Q*`V_,**S/a"x^yj`/7jxl/cX݈K\2>^uhR[lvt} i͔2Ɔ{*[;{z.ȮX-S/aWFJ$*?-=k5 |+)Ku*"F(">\6̓hZ h| :džNE>N 4%F Q6Ȼ^SA\ErQX4vRQ7$7;/#vdG`J̪:64ű&w/%~zB`FiY̸EHU+y/_03=[] wKY V&m] ; p]C}xlsj7jD+e'ej]mu-G=m]cC"T@}! +;K ]|X VB# o5'=6|2|2^e]HFSW2[TذsH>#IQԋw 1]Z <=ߚj"K3Vqlh?6=Є`ؔZBj^wŐI,؄aMP,vRPq4±aܼGꗻZ RdD?e90=*۔for\ڻ8TE[݋PyؾpI A&eu7 *6^v1P?}׊vv3qKL+MF e_I7)0_;ɼ{B./ F!QHu *2,-JWaKv^;_?n`vNψ WOlWT=Q:Jҍ2ª48^&\7@=.-?i+TԼ[뢆v^EsEtT/?Iʀo&6\͆` {.7z!.6P1Qiu]_Z4macn+ |V@:S(8EsWyqaf!h+PHF}z%ni(*umh۝ ZrcusG})8=Cde[79"̷FpEkZߕqWRЌ9bW#Mg-U̍ Aծyŋ黼1bE]F? ن1Į}IP-Р`NGQϷGw}˶!YcH(@[Ik`95 gX(Wqc"1g̊5bXo0rWTHb5⸈""%bJC5^Ėa]A pw3&Ѷ΁'5.ʖd5;Q&A;SQ%wf>{zKu#!yŀ&}TҎZg3 F{|bƛ]uXbz2xHC_Fꋺ p x욳;4Cbc֥α-욱"d5C2c'3̓8#yg0br1 i3N9*^"&^vڵԤ plHM 0otn$<"- `WImDx~ İ 0%nЍ$x$A@v1:: xe7wdDˋAi@v]ssZ5:kh,ϥ謥ʋ@mnȐD]@mr'w=^a,iNAA,dKzw`I9Aj}DfHP}/ ) 6LfEwAfȁ 8#"P=܊wS>PGz ,0Dn"ezB@hOS P?kE]֨DYOގnnw pY4= kjS5P_W1. 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