WAN Services: DATA Connections

expired opportunity(Expired)
From: Duval County Public Schools(School)
07-19/LM

Basic Details

started - 21 Sep, 2021 (about 2 years ago)

Start Date

21 Sep, 2021 (about 2 years ago)
due - 30 Jun, 2022 (21 months ago)

Due Date

30 Jun, 2022 (21 months ago)
Bid Notification

Type

Bid Notification
07-19/LM

Identifier

07-19/LM
Duval County Public Schools

Customer / Agency

Duval County Public Schools
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Dr. Diana L. Greene, Superintendent of Schools EVERY SCHOOL. EVERY CLASSROOM. EVERY STUDENT. EVERY DAY. Duval County Public Schools www.duvalschools.org Purchasing Services PH: (904) 858-4848 1701 Prudential Drive, Suite 322 FAX: (904)858-4868 Jacksonville, FL 32207 April 14, 2021 AT&T Corp Chris Wadley, AT&T Account Manager 10375 Centurion Parkway N 4D-28 Jacksonville, FL 32256 RE: RFP No. 07-19/LM, WAN Services: DATA Connections Mr. Wadley, On Monday, March 1, 2021 the Superintendent of Duval County Public Schools renewed the contract for RFP No. 07-19/LM, WAN Services: Data Connections. The renewal is for the second period of July 1, 2021 through June 30, 2022. In accordance with Section 16 of the RFP, Insurance Requirements, please forward an updated copy of your insurance certificate. If you have any questions about this renewal, please contact Terrence Wright at (904) 858-4859. We look forward to
a continued successful partnership. Terrence Wright, Director DCPS Purchasing Services cc Tanya Riggio Stephen McLaughlin Louis Mitchum Master Bid File a rd http://www.duvalschools.org/ 20190429-2908-2 201402216003UA 2021-2022 SECOND RENEWAL TO AGREEMENT BETWEEN THE SCHOOL BOARD OF DUVAL COUNTY, FLORIDA, PGS ID : 20210203-070 AND AT&T CORP. This Second Renewal to the Agreement (the Renewal) is dated March 1, 2021 and effective July 1, 2021, and is by and between the SCHOOL BOARD OF DUVAL COUNTY, FLORIDA, a body politic and corporate (the District) and AT&T CORP., a New York corporation authorized to transact business in Florida (the Contractor). The District and the Contractor may collectively be referred to as the Parties. The Parties, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, agree as follows: 1: Background. This Renewal pertains to that certain Agreement dated effective May 9, 2019 between the parties regarding the District's issuance of RFP 07-19/LM for the District's solicitation of WAN services, together with Addendum No. 1 dated February 22, 2019, as renewed by that certain 2020-2021 First Renewal to Agreement dated effective July 1, 2020 (collectively, the Agreement). Capitalized terms used but not defined herein shall have the meanings assigned in the Agreement. 2: Effective Date. The Effective Date of this Renewal is July 1, 2021. 3. Renewal Term. The Parties agree that the term of the Agreement, which is scheduled in the Agreement to end on June 30, 2021, is hereby extended for the last of two potential annual renewals of one (1) year commencing immediately upon the expiration of the existing term and ending on June 30, 2022, with such renewal term to be upon and subject to all of the same terms, provisions and conditions of the Agreement. 4. Federal Forms. In connection with this Renewal, the Contractor re-executes and delivers to the District the federal forms originally submitted with Contractors proposal in response to the District's REP. The federal forms are attached as Exhibit A and incorporated herein by this reference. 5. Authority: Further Assurances. The District and the Contractor represent and warrant to each other that each party has full right and authority to execute and perform its obligations under the Agreement as modified by this Renewal, and each party and the person(s) signing this Renewal on each party's behalf represent and warrant to the other party that such person(s) are duly authorized to execute this Renewal on the respective party's behalf without further consent or approval by anyone. 6. Miscellaneous. This Renewal is the entire agreement of the parties regarding modifications of the Agreement provided herein, supersedes all prior agreements and understandings regarding such subject matter, may be modified only by a writing executed by the party against whom the modification is sought to be enforced, and shall bind and benefit the parties and their respective successors, legal representatives and assigns. The Agreement is ratified and confirmed in full force and effect in accordance with its terms, as amended hereby. In the event of any conflict between the Agreement and this Renewal, the provisions of this Renewal shall control. 7. Counterpart and Facsimile Signatures. This Renewal may be executed in one or more counterparts, each of which will be deemed an original, but all such counterparts will together constitute but one and the same instrument. [signatures follow on next page] 1 [Signature Page to 2021-2022 Second Renewal To Agreement Between The School Board of Duval County, Florida, and AT&T Corp. Dated March 1, 2021 and Effective July 1, 2021] IN WITNESS WHEREOF, the parties hereto have caused this Renewal to be signed by their duly authorized representatives to be effective on the day and year first above written. This agreement shall be void if not executed by Customer and received by AT&T within 45 days of the date AT&T executed this agreement, or if Customer alters, adds or deletes any of the provisions in the version executed by AT&T.THE SCHOOL BOARD OF DUVAL COUNTY, ( ( FLORIDA ATTEST: By: __(Authorized by May 7, 2019 Agenda Item) Elizabeth Andersen, Chairman [- ta | Dr. Diana Greene Superintendent of Schools and Ex-Officio Secretary to the Board Form Approved: Approved by Board: May 7, 2019 By: Office of General Counsel AT&T CORP. By: Siactette ancora Name: Michelle Senderson Title: Lead Solutions Architect 02/03/2021 kb107y Composite Exhibit A Federal Forms FEDERAL REGULATORY COMPLIANCE STATEMENT The purpose of this document is to assure compliance by the Contractor (defined as any individual or company who agrees to provide materials or services at a specified price) to those certain clauses, provisions and requirements as described by applicable Federal Regulations, which apply to any resulting agreement between The School Board of Duval County, Florida (the District) and the Contractor. By signature, the individual executing this statement attests that he/she possesses authority to obligate the contracting firm and agrees to comply with all clauses, provisions and requirements as described below throughout the term of the agreement. 4. The Contractor agrees to allow reasonable access by the District, the Federal granting agency, the Comptroller General of the United States or any of their duly authorized representatives to the Contractor's books, documents, papers and records which are directly pertinent to the contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all records related to this agreement for a period of three years after the final payment for the agreement and after all other matters are closed. The Contractor affirms that it is equal opportunity and affirmative action employer and shall comply with all applicable federal, state and local laws and regulations including, but not limited to: Executive Order 11246 as amended by 11375 and 12086; 12138; 11625; 11758; 12073; the Rehabilitation Act of 1973, as amended; the Vietnam Era Veterans Readjustment Assistance Act of 1975; Civil Rights Act of 1964; Equal Pay Act of 1963; Age Discrimination Act of 1967; Immigration Reform and Control Act of 1986; Public Law 95- 507; the Americans with Disabilities Act; 41 CFR Part 60 and any additions or amendments thereto. The Contractor agrees to a provision for non-appropriations, whereby the contract will terminate if sufficient funds are not appropriated in any given fiscal year to allow the District to sustain the cost (if applicable). The Contractor agrees to properly complete and submit to the District a federal debarment certification form for each renewal year of the Contract, if renewals apply. The Contractor agrees to properly complete and submit to the District a non-collusion affidavit The Contractor agrees to properly complete and submit to the District a federal drug free workplace certification form. The Contractor agrees the District may terminate the contract at any time for any reason. If terminated for cause, the Contractor agrees the District may seek remedies for damages, if applicable. The Contractor agrees to comply with all applicable environmental standards, orders or requirements. CONTRACTOR: AT&T Corp., a New York corporation authorized to transact business in Florida PRINT NAME OF AUTHORIZED REPRESENTATIVE: __ W_Chyis Wadle SIGNATURE OF AUTHORIZED REPRESENTATIVE: TITLE: Client Solutions Executive 3 SLED DRUG FREE WORKPLACE CERTIFICATION | hereby swear or affirm that this company has established a drug-free workplace program by completing the following requirements: 1) 2) 5) 6) Published a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Informed employees about the dangers of drug abuse in the workplace, the businesss policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. Given each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notified the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction Imposed a sanction on, or required the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employees community, by any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, | certify that this firm complies fully with the above requirements. | understand that false certification of a drug- free workplace is a violation of Florida Statutes 287.087. W Chrut Wadley, February 4, 2021 Contractor's SIGNATUBE/DATE W Chris Wadley / Client Solutions Executive 3 SLED NAME/TITLE AT&T Corp., a New York corporation authorized to transact business in Florida CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. 4. The Contractor (or subcontractor) certifies to the best of its knowledge and belief that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal Department or Agency from doing business with the Federal Government. B. Have not within a three-year period preceding this contract have been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. C. Are not presently indicted for or otherwise criminally or ci charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1.B. above of this certification. D. Have not within a three-year period preceding this contract had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the Contractor is unable to certify to any of the statements above in this cation, such Contractor shall attach an explanation to this Certification. W Chit Wadlay, February 4, 2021 Contractor's SIGNATURE/DATE W Chris Wadley / Client Solutions Executive 3 SLED NAME/TITLE OF AUTHORIZED REPRESENTATIVE AT&T Corp., a New York corporation authorized to transact business in Florida INSTRUCTIONS FOR COMPLETION OF NON-COLLUSION AFFIDAVIT This Non-Collusion Affidavit is material to any contract awarded utilizing federal funds. This Non-Collusion Affidavit shall be executed by the member, officer, or employee of the offering firm who makes the final decision on prices and the amount(s) quoted in the proposal. Proposal rigging and other efforts to restrain competition and the making of false sworn statements in connection with the submission of offers are unlawful and may be subject to criminal prosecution. The person who signs the Affidavit shall examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the respondent with responsibilities for the preparation, approval or submission of the offer. In the case of an offer submitted by a joint venture, each party to the venture must be identified in the proposal documents, and an Affidavit must be submitted separately on behalf of each party. The term complementary offer as used in the Affidavit has the meaning commonly associated with that term in the solicitation process, and includes the knowing submission of offers higher than the offer of another firm, an intentionally high or noncompetitive offer, and any other form of an offer submitted for the purpose of giving a false appearance of competition. Failure to file a completed Affidavit in compliance with these instructions will result in disqualification of the offer. NON-COLLUSION AFFIDAVIT State of FLORIDA County of DUVAL | state that | am the CSE of AT&T Corp., a New York corporation authorized to transact business in Florida (the Contractor), and | am authorized to execute this affidavit on behalf of my firm, its owners, directors, and officers. | am the person responsible in my firm for the price(s), guarantees and the total financial commitment represented in the firms offer. | hereby attest that: (1) The price(s) and amount(s) in the offer have been arrived at independently and without consultation, communication or agreement with any other contractor, respondent, or potential respondent. (2) Neither the price(s) nor the amount(s) of the offer, and neither the approximate price(s) nor approximate amount(s) of the offer, have been disclosed to any other firm or person who is a respondent or potential respondent, nor were they disclosed prior to opening of offers. (3) The offer from my firm is made in good faith and no attempt has been made to induce any firm or person to refrain from submitting an offer, or to submit an offer higher than our offer, or to submit any intentionally high or noncompetitive offer or other form of complementary offer. (4) The Contractor, its affiliates, subsidiaries, officers, directors, employees are not currently under investigation by any governmental agency and have not in the last three years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding, proposing or offering on any public contract, except as follows: | attest that the Contractor understands and acknowledges that the above representations are material and important, and will be relied on by The School Board of Duval County, Florida, in awarding the contract for which this offer is submitted. | understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from The School Board of Duval County, Florida, of the true facts relating to submission of offers for this contract. W Chit Ulehay, February 4, 2021 (Signature) 7 (Date) Dr. Diana L. Greene, Superintendent of Schools EVERY SCHOOL. EVERY CLASSROOM. EVERY STUDENT. EVERY DAY. Duval County Public Schools www.duvalschools.org Purchasing Services PH: (904) 858-4848 4880 Bulls Bay Highway FAX: (904)858-4868 Jacksonville, FL 32219 July 7, 2020 AT&T Corp Chris Wadley, AT&T Account Manager 10375 Centurion Parkway N 4D-28 Jacksonville, FL 32256 RE: RFP No. 07-19/LM, WAN Services: DATA Connections Mr. Wadley, On Tuesday, March 24, 2020 the Superintendent of Duval County Public Schools renewed the contract for RFP No. 07-19/LM- WAN Services: DATA Connections. The renewal is for the first period of July 1, 2020, through June 30, 2021. In accordance with Section 16 of the RFP, insurance Requirements, please forward an updated copy of your insurance certificate. If you have any questions about this renewal, please contact Terrence Wright at (904) 858-4859 Thank you for the excellent service your firm has provided under this contract with Duval County Public Schools. We look forward to a continued successful partnership with Greenberg Traurig, PA. Terrence Wright, Director DCPS Purchasing Services cc Terri Webb Anita Locke Master Bid File a rd http://www.duvalschools.org/ 20190429-2908-1 201402216003UA 2020-2021 FIRST RENEWAL TO AGREEMENT BETWEEN THE SCHOOL BOARD OF DUVAL COUNTY, FLORIDA, AND AT&T CORP. This First Renewal to the Agreement (the Renewal) is dated March 24, 2020 and effective July 1, 2020, and is by and between the SCHOOL BOARD OF DUVAL COUNTY, FLORIDA, a body politic and corporate (the District) and AT&T CORP., aNew York corporation authorizedto transact business in Florida (the Contractor). The District and the Contractor may collectively be referred to as the Parties. The Parties, forgoodand valuable consideration, thereceipt and adequacy of which are hereby acknowledged, agree as follows: 1. Background. This Renewal pertains to that certain Agreement dated effective May 9, 2019 between the parties regarding the District's issuance of RFP 07-19/LM for the District's solicitation of WAN services, together with Addendum No. 1 dated February 22, 2019 (the Agreement). Capitalized terms used but not defined herein shall have the meanings assigned in the Agreement. 2. Effective Date. The Effective Date of this Renewal is July 1, 2020. ci Renewal Term. The Parties agree that the term of the Agreement, which is scheduled in the Agreement to end on June 30, 2020, is hereby extended for the first of two potential annual renewals of one (1) year commencing immediately upon the expiration of the existing term and ending on June 30, 2021, with such renewal term to be upon and subject to all of the same terms, provisions and conditions of the Agreement. 4. Federal Forms. In connection with this Renewal, the Contractor re-executes and delivers to the District the federal forms originally submitted with Contractor's proposal in response to the Districts RFP. The federal forms are attached as Exhibit A and incorporated herein by this reference. 5. Authority: Further Assurances. The District and the Contractor represent and warrant to each other that each party has full right and authority to execute and perform its obligations under the Agreement as modified by this Renewal, and each party and the person(s) signing this Renewal on each partys behalf represent and warrant to the other party that such person(s) are duly authorized to execute this Renewal on the respective partys behalf without further consent or approval by anyone. 6. Miscellaneous. This Renewal is the entire agreement of the parties regarding modifications of the Agreement provided herein, supersedes all prior agreements and understandings regarding such subject matter, may be modified only by a writing executed by the party against whom the modification is sought to be enforced, and shall bind and benefit the parties and their respective successors, legal representatives and assigns. The Agreement is ratified and confirmed in full force and effect in accordance with its terms, as amended hereby. In the event of any conflict between the Agreement and this Renewal, the provisions of this Renewal shall control. ibis Counterpart and Facsimile Signatures. This Renewal may be executed in one or more counterparts, each of which will be deemed an original, but all such counterparts will together constitute but one and the same instrument. [signatures follow on next page] [Signature Page to 2020-2021 First Renewal To Agreement Between The School Board of Duval County, Florida, and AT&T Corp. Dated March 24, 2020 and Effective July 1, 2020] IN WITNESS WHEREOF, the parties hereto have caused this Renewal to be signed by their duly authorized representatives to be effective on the day and year first above written. This agreement shall be void if not executed by Customer and received by AT&T within 45 days of the date AT&T executed the Agreement, or if Customer alters, adds or deletes any of the provisions in the version executed by AT&T.ATTEST: THE SCHOOL BOARD OF DUVAL COUNTY, FLORIDA By: __fAuthorized by May 7, 2019 Agenda Item] Warren A. Jones, Chairman Superintendent of Schools and Ex-Officio Secretary to the Board Mhne,, Approved by Board: May 7, 2019 slr Vu [hoster Office of General Counsel AT&T CORP. By: Mache bee een Name: Michelle Senderson Title: Lead Solutions Architect 04/28/2020 GK9640 Composite Exhibit A Federal Forms FEDERAL REGULATORY COMPLIANCE STATEMENT The purpose of this document is to assure compliance by the Contractor (defined as any individual or company who agrees to provide materials or services at a specified price) to those certain clauses, provisions and requirements as described by applicable Federal Regulations, which apply to any resulting agreement between The School Board of Duval County, Florida (the District) and the Contractor. By signature, the individual executing this statement attests that he/she possesses authority to obligate the contracting firm and agrees to comply with all clauses, provisions and requirements as described below throughout the term of the agreement. 1. The Contractor agrees to allow reasonable access by the District, the Federal granting agency, the Comptroller General of the United States or any of their duly authorized representatives to the Contractor's books, documents, papers and records which are directly pertinentto the contract for the purpose of making audit, examination, excerpts and transcriptions. 2. The Contractor agrees to maintain all records related to this agreement for a period of three years after the final payment for the agreement and after all other matters are closed. 3. The Contractor affirms that it is equal opportunity and affirmative action employer and s hall comply with all applicable federal, state and local laws and regulations including, but not limited to: Executive Order 11246 as amended by 11375 and 12086; 12138; 11625; 11758; 12073; the Rehabilitation Act of 1973, as amended; the Vietnam Era Veterans ReadjustmentAssistance Act of 1975; Civil Rights Act of 1964; Equal Pay Act of 1963; Age Discrimination Act of 1967; Immigration Reform and Control Act of 1986; Public Law 95- 507; the Americans with Disabilities Act; 41 CFR Part 60 and any additions or amendments thereto. 4. The Contractor agrees to a provision for non-appropriations, whereby the contract will terminate if sufficient funds are not appropriated in any given fiscal year to allow the District to sustain the cost (if applicable). 5. The Contractor agrees to properly complete and submit to the District a federal debarment certification form for each renewal year of the Contract, if renewals apply. 6. The Contractor agrees to properly complete and submit to the District a non-collusion affidavit 7. The Contractor agrees to properly complete and submit to the District a federal drug free workplace certification form. 8. The Contractor agrees the District may terminate the contract at any time for any reason. If terminated for cause, the Contractor agrees the District may seek remedies for damages, if applicable. 9. The Contractor agrees to comply with all applicable environmental standards, orders or requirements. CONTRACTOR: AT&T Corp., a New York corporation authorized to transact business in Florida PRINT NAME OF AUTHORIZED REPRESENTATIVE: _W Chris Wadle SIGNATURE OF AUTHORIZED REPRESENTATIVE: TITLE:_Client Solutions Executive 3 SLED DRUG FREE WORKPLACE CERTIFICATION | hereby swear or affirm that this company has established a drug-free workplace program by completing the following requirements: 1) 2) 4) 5) 6) Published a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Informed employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. Given each employee engaged in providing the commodities or contractual services that are under bid acopy of the statement specified in subsection (1). In the statement specified in subsection (1), notified the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States orany state, fora violation occurring in the workplace no later than five (5) days after such conviction Imposed a sanction on, or required the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employees community, by any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, | certify that this firm complies fully with the above requirements. | understand that false certification of a drug- free workplace is a violation of Florida Statutes 287.087. U/ ( Uatiae Waklay April 28, 2020 Contractor's SIGNATUREDATE W Chris Wadley / Client Solutions Executive 3 SLED NAME/TITLE AT&T Corp., a New York corporation authorized to transact business in Florida CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. 1. The Contractor (or subcontractor) certifies to the best of its knowledge and belief that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal Department or Agency from doing business with the Federal Government. B. Have not within a three-year period preceding this contract have been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. C. Are not presently indicted for or otherwise criminally or ci governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1.B. above of this certification. D. Have not within a three-year period preceding this contract had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the Contractor is unable to certify to any of the statements above in this certification, such Contractor shall attach an explanation to this Certification. W Chit Wadley, April 28, 2020 Contractor's SIGNATURE/DATE W Chris Wadley / Client Solutions Executive 3 SLED NAME/TITLE OF AUTHORIZED REPRESENTATIVE AT&T Corp., a New York corporation authorized to transact business in Florida INSTRUCTIONS FOR COMPLETION OF NON-COLLUSION AFFIDAVIT This Non-Collusion Affidavit is material to any contract awarded utilizing federal funds. This Non-Collusion Affidavit shall be executed by the member, officer, or employee of the offering firmwho makes the final decision on prices and the amount(s) quoted in the proposal. Proposal rigging and other efforts to restrain competition and the making of false swom statements in connection with the submission of offers are unlawful and may be subject to criminal prosecution. The person who signs the Affidavit shall examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the respondent with responsibilities for the preparation, approval or submission of the offer. In the case of an offersubmitted by ajoint venture, each party to the venture mustbe identified in the proposal documents, and an Affidavit must be submitted separately on behalf of each party. The term complementary offer as used in the Affidavit has the meaning commonly associated with that term in the solicitation process, and includes the knowing submission of offers higher than the offer of another firm, an intentionally high or noncompetitive offer, and any other form of an offer submitted for the purpose of giving a false appearance of competition. Failure to file a completed Affidavit in compliance with these instructions will result in disqualification of the offer. NON-COLLUSION AFFIDAVIT State of FLORIDA County of DUVAL | state thatl am the CSE of AT&T Corp., a New York corporation authorized to transact business in Florida (the Contractor), and | am authorized to execute this affidavit on behalf of my firm, its owners, directors, and officers. |am the person responsible in my firm for the price(s), guarantees and the total financial commitment represented in the firm's offer. | hereby attest that: (1) The price(s) and amount(s) in the offer have been arrived at independently and without consultation, communication or agreement with any other contractor, respondent, or potential respondent. (2) Neither the price(s) nor the amount(s) of the offer, and neither the approximate price(s) nor approximate amount(s) of the offer, have been disclosed to any other firm or person who is arespondent or potential respondent, nor were they disclosed prior to opening of offers. (3) The offer from my firm is made in good faith and no attempt has been made to induce any firm or person to refrain from submitting an offer, or to submit an offer higher than our offer, or to submit any intentionally high or noncompetitive offer or other form of complementary offer. (4) The Contractor, its affiliates, subsidiaries, officers, directors, employees are not currently under investigation by any governmental agency and have notin the last three years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding, proposing or offering on any public contract, except as follows: | attest that the Contractor understands and acknowledges that the above representations are material and important, and will be relied on by The School Board of Duval County, Florida, in awarding the contract for which this offeris submitted. | understand and my firmunderstands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from The School Board of Duval County, Florida, of the true facts relating to submission of offers for this contract. U/) Chie Wadley, April 28, 2020 (Signature) 7 (Date) Duval County Public Schools www.duvalschools.or: Purchasing Services PH: (904) 858-4848 1701 Prudential Drive FAX: (904)858-4868 Jacksonville, FL 32207 i DUVAL COUNTY PUBLIC SCHOOLS May 21, 2019 AT&T Corp Chris Wadley, AT & T Account Manager 10375 Centurion Parkway N 4D-28 Jacksonville, FL 32256 RE: RFP-07-19/LM, Dear Sir/Madam: On Tuesday, May 7, 2019, the School Board of Duval County Public Schools approved the award of a contract WAN Services: DATA Connections, RFP No. 07-19/LM. The Board action authorized the contract for the initial period of Date of award through June 30, 2020. Purchase orders will be issued for these items as needed during the bid period. If you have any questions regarding this bid, please contact Louis Mitchum at (904) 858-4859. Please forward a copy of your insurance certificate as required per Section #16 of the RFP to the buyer, Louis Mitchum. (Email and fax are both acceptable.) Thank you for your interest in Duval County Public Schools. CFirnameeT: Mcfed Terrence T. Wright, Director DCPS Purchasing Services Ce: Master Bid folder Stephen McLaughlin Dr. Diana L. Greene, Superintendent of Schools Duval County Public Schools is committed to providing high quality educational opportunities that will inspire all students to acquire and use the knowledge and skills needed to succeed in a culturally diverse and technologically sophisticated world. Adopted February 3, 1998 AGREEMENT BETWEEN THE SCHOOL BOARD OF DUVAL COUNTY, FLORIDA, AND AT&T CORP. This Agreement is made and entered into effective May 9, 2019 (the Effective Date), and is by and between The School Board of Duval County, Florida, operating a district school system in the State of Florida (the "District"), and AT&T Corp., a New York corporation authorized to transact business in Florida (the Contractor"). WITNESSETH: Whereas, the District posted e-Rate Form 470, which referenced the District's issuance of RFP 07-19/LM dated on or about February 5, 2019 relating to the District's solicitation of WAN Services: Data Connections (the Services), together with Addendum No. 1 dated February 22, 2019 (collectively, the RFP), a copy of which RFP is attached hereto and incorporated herein by this reference as Exhibit A; Whereas, after free and open competition, Contractor's proposal was selected by the District as the responsive and responsible proposer (the Proposal), which Proposal is attached hereto and incorporated herein by this reference as Exhibit B; Whereas, the Contractor is interested in and capable of performing the desired Services for the District and the District desires to have the Contractor perform the Services; Whereas, the parties therefore wish to set forth this understanding in writing in this Agreement. Now, therefore, in consideration of the mutual covenants and conditions contained herein, the parties agree as follows: ARTICLE | - SCOPE OF SERVICES 0 The recitals set forth above are true and correct and are incorporated into this Agreement by this reference. Defined terms used herein shall be as defined in this Agreement or as were defined in the RFP. 1.2 The parties agree that the purpose of this Agreement is that the Contractor shall fully and timely provide the District the Services in a manner in accordance with the District's objectives set forth in the RFP, as responded to by the Contractor, and this Agreement. ARTICLE Il - COMMENCEMENT AND RENEWAL See section 2.2 of the RFP with the initial term commencing as of the July 1, 2019, and two (2) potential annual renewal terms on the same terms and conditions. ARTICLE Ill - COMPENSATION The compensation is as set forth in the RFP, as responded to by the Contractor, and the rates set forth in the Proposal. In no event shall the District be responsible to the Contractor for compensation in excess of the maximum obligated amounts stated in this Agreement, except as amended pursuant to the provisions of the RFP. The District representative and the Contractor representative shall establish the format of invoices to the District, and invoices shall not be sent any more frequently than once per month. ARTICLE IV - TERMINATION This Agreement may be terminated as set forth in the RFP, as responded to by Contractor in section 2.2 and section 11.0 of its Proposal. ARTICLE V - COMMUNICATIONS; RECORDS; NOTICES 5.1 The parties agree that all communications relating to the day-to-day activities shall be exchanged between the respective representatives of the District and the Contractor, which representatives shall be designated by the parties, in writing, promptly upon commencement of the Services. 5.2 The parties agree: (a) Subject to Contractor's reasonable security requirements and not more than once every twelve (12) months, the District may, at its own expense, review Contractor's relevant billing records for a period not to exceed the preceding 12 months, for the purpose of assessing the accuracy of Contractor's invoices to the District. The District may employ such assistance, as it deems desirable to conduct such reviews, but may not employ the assistance of any entity that derives a substantial portion of its revenues from the provision of services that are substantially similar to the Services provided hereunder or any person who has previously made prohibited use of Contractor's confidential information. The District shall cause any person retained for this purpose to execute a non-disclosure agreement. Such reviews shall take place at a t place agreed upon by the parties. The District's normal internal invoice reconc procedures shall not be considered a review of Contractor's relevant billing records for purposes of this Agreement. (b) Contractor shall promptly correct any billing error that is revealed in a billing review, including refunding any overpayment by the District in the form of a credit as soon as reasonably practicable under the circumstances. (c) Contractor shall cooperate in any District billing review, providing Contractor billing records as reasonably necessary to verify the accuracy of Contractor's invoices. Contractor may redact from the billing records provided to the District any information that reveals the identity or confidential information of other Contractor customers or other Contractor confidential information that is not relevant to the purposes of the review. With regard to all E-Rate records relating to any services provided under this Agreement, Contractor will follow all Service Provider requirements for the USF Schools and Libraries Program as set forth on the USAC website and FCC rules. 5:3 Pursuant to section 13.7.14 of the RFP, Contractors address for notices is: If to Contractor: With copy to: AT&T Corp. AT&T Corp. Attn: Master Agreement Support Team 10375 Centurion Parkway, Suite 3D-17 One AT&T Way Jacksonville, Florida 32256 Bedminster, NJ 07921-0752 Attn: Chris Wadley 2 Pursuant to section 13.7.14 of the RFP, each partys respective representative for the day-to-day activities shall be (and invoices remitted to): For the District: For the Contractor: Duval County Public Schools AT&T Corp. Attn: Terri Webb Attn: Chris Wadley Technology Division 10375 Centurion Parkway, Suite 3D-17 4019 Boulevard Center Drive Jacksonville, Florida 32256 Jacksonville, Florida 32207 904.407.2751 904.348.7137 ARTICLE VI - MISCELLANEOUS 6.1 The Article and Section headings are for reference and convenience only and shall not enter into the interpretation hereof. 6.2 The contract documents consist of this Agreement, the RFP (including the Addendum), the Proposal, the Master Agreement, E-Rate Rider, and Pricing Schedule(s) attached hereto as listed in composite Exhibit B. In the event of any conflict or ambiguity among these documents, the priority shall be assigned as follows: first to this Agreement, next to the Proposal (inclusive of the Pricing Schedule(s), the E-Rate Rider and the Master Agreement, in descending order of priority), and last to the RFP (including the Addenda thereto). 6.3 All of Contractors exceptions to the RFP set forth in its Proposal, if any, are accepted except as may be specifically addressed in this Agreement. 6.4 This Agreement may be executed via facsimile and in one or more counterparts each of which will be deemed an original, but all such facsimiles and counterparts will together constitute but one and the same instrument. 6.5 The parties agree that the signatures below shall constitute signature of the Master Agreement, the Pricing Schedule(s), and E-Rate Rider attached to the Proposal. With respect to the E-Rate Rider, the District selects Option A on page 2 thereof. IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first above written. AT&T Corp. Mactetle Laneonan By: Name: _ Michelle Senderson Title: Lead Solutions Architect 04/30/2019 [Signatures continue on next page] [Signature Page to Agreement between The School Board of Duval County, Florida, and AT&T Corp. Dated Effective May 9, 2019] ATTEST: THE SCHOOL BOARD OF DUVAL COUNTY, FLORIDA Belbid AZ Lori Hershey, Chairyan By: \NeK Diana Greene, Superintendent of Schools and Ex-Officio Secretary to the Board Form Approved: Approved by the Board: May 7, 2018 By: Office of General Counsel EXHIBIT A REP and Addendum No. 1 e RFP Number: RFP 07-19/LM WAN Services: Data Connections e Addendum No. 1 May 7, 2019, Regular Board Meeting Title 37. WIDE AREA NETWORK (WAN) SERVICES Recommendation That the Duval County School Board approve the RFP NO. 07-19/LM WAN Services with AT&T Corporation in the amount not to exceed $1,500,000.00 for the period of July 1, 2019 through June 30, 2020. There are two (2) additional one (1) year renewals remaining. That the Duval County School Board authorize the Board Chairman or Vice Chairman, and the Superintendent, execute the agreement contingent upon form approval by the Office of General Counsel. That the Duval County School Board delegate authority to the Superintendent to execute two subsequent annual renewals upon the same terms and conditions, the availability of funding for the renewal period, and upon form approval by the Office of General Counsel. Description AT&T was awarded this contract through a competitive solicitation for Wide Area Network (WAN) services to be used at schools and administration sites. This WAN services will provide for the following: Data circuits for all schools and administrative sites, providing increased data connectivity capability (i.e., bandwidth). Bandwidth increases to meet the DOE mandated internet bandwidth requirements as outlined in the Florida Department of Education Technology Guidelines. An increase in available bandwidth resulting in additional network speed for schools. Student network bandwidth will increase from 20 Gig to 30 Gig. Gap Analysis This RFP allows the district to leverage lower priced bandwidth options to meet increasing district demand. This competitive process is required to be considered for E-rate funding. Previous Outcomes The network is not currently capable of simultaneously supporting all programs. The system's bandwidth restrictions have resulted in outages and disruptions to testing and online learning. Expected Outcomes Provide each school and administrative site with the required bandwidth necessary to fully support the usage of online testing, CTE, STEM intiatives, blending learning, gaming design, and business systems. High Schools will remain at 1 Gig, Middle Schools will move from 500 Meg to 1 Gig, and Elementary sites will move from 150 Meg to 500 Meg. Even with increased bandwidth, the overall cost for services to the district will decrease. Strategic Plan Goal Ensure Effective, Equitable, & Efficient Use of Resources Aligned to Improved Student Outcomes Financial Impact Previous Years Expenditures: 2014-2015 $1,037,628.00-General Revenue 2015-2016 $1,037,628.00-General Revenue 2016-2017 $1,037,628.00-General Revenue 2017-2018 $1,037,628.00-General Revenue 2018-2019 $1,037,628.00-General Revenue Monthly cost per site: High Schools- 21 schools@ $925.00 per month = $19,425.00 per month Middle Schools- 28 schools@ $494.00 per month = $13,832 per month Elementary Schools- 106 schools @ $389.00 per month = $41,234.00 per month Current Agreement: 2019-2020 $1,500,000.00-General Revenue This contract will result in a net savings of $515,000.00 per year as compared to previous contracts due to the elimination of the ring. This item qualifies for 90% E-Rate reimbursement which upon approval would result in a return of approximately $967,302.00 per year. Monthly cost per site: High Schools- 21 schools@ $600.00 per month = $12,600.00 per month Middle Schools- 28 schools@ $600.00 per month = $16,800.00 per month Elementary Schools- 106 schools @ $525.00 per month = $55,650.00 per month All schools to the internet @ (3) 10Gbps = $1,505.00 per month = $4,515.00 per month Funding Stream: Operating E-Rate Contact Kelly Coker, Assistant Superintendent of Accountability and Assessment, (904) 390-2976 James Culbert, Executive Director, Technology Services, 904-348-7172 Attachments 1. ATT WAN Single Signature (agenda) Issue Date: Buyer: Bid Number: Bid Title: Term of Bid: Opening: DUVAL COUNTY PUBLIC SCHOOLS ADDENDUM NO. 1 www.duvalschools.org/purchasin February 22, 2019 Phone: 904-858-4859 Louis Mitchum RFP No. 07-19/LM WAN Services: DATA Connections July 1, 2019 through June 30, 2020 Thursday, March 7, 2019, 2:00 p.m. (EDT). Bids received prior to this date and time will be opened in the Conference Room, and may not be withdrawn for 120 days after opening. All bids received after the specified date and time will be returned unopened. The addendum shall serve to amend, replace and append information provided to potential respondents in the original RFP package. To assist in the development of their responses, interested firms are encouraged to carefully review the information found in this addendum and onvany ad Purpose: 1. Question: Answer: 2. Question: Answer: 3. Question: Answer: ional enclosed documents. To answer questions received in accordance with this RFP Can you tell me who is the incumbent provider is? AT&T is the incumbent Is it a requirement that the chosen provider build and turn up all sites by July 18'? Please refer to Section 2.2 of the RFP. The existing Contract terminates on June 30", 2019. The District requires as many circuits as possible activated by July 1, 2019 so that an orderly transition, with as little interruption in connectivity as possible, can begin July 1, 2019 and can be accomplished as quickly as possible. Does Duval County Public School District have any contingencies in place if chosen provider cant meet July 1 deadline? Please refer to Section 2.2 of the RFP. The existing Contract terminates on June 30, 2019. The District requires as many circuits as possible activated by July 1, 2019 so that an orderly transition, with as little interruption in connectivity as possible, can begin July 1, 2019 and can be accomplished as quickly as possible. Page 1 of 2 RFP No. 07-19/LM, WAN Services: DATA Connections ADDENDUM NO. 1 4. Question: Answer: 5. Question: Answer: 6. Question: Answer: Would the district retain the current provider on a month to month basis if the chosen provider is unable to deliver all circuits by July 1st? The District will work with current provider and new provider to transition to new provider ASAP with as little interruption to connectivity as possible. Clarification: Are there additional sites that need to be included? RFP states 159 sites with 160 connections vs Form 470 that indicates 173 sites and connections. There may be additional sites in the future. The vendor is expected to honor submitted pricing on circuits for new sites. Initial quantities are spelled out in the RFP. As it pertains to the Warranty (Attachment F) In the RFP, DCPS indicates they will be providing their own end premise equipment. That in mind, is Attachment F applicable? While terminating equipment is clearly the responsibility of the provider, as part of the service; end premise equipment does not appear to be part of this RFP. The Provider is expected to provide circuit terminating equipment. DCPS will supply routers to connect the circuits between DCPS sites. After reading this vendors interpretation of the Attachment, then | would say that Attachment F is not required in this case because the vendor will be responsible for the terminating equipment. Page 2 of 2 RFP No. 07-19/LM, WAN Services: DATA Connections ADDENDUM NO. 1 REQUEST FOR PROPOSALS (RFP) RFP NO. 07-19/LM WAN SERVICES:DATA CONNECTIONS DUVAL COUNTY PUBLIC SCHOOLS RFP Release Date: February 5, 2019 Deadline for Written Questions: February 20, 2019, 4:00 p.m. (EDT) Proposals Opened: March 7, 2019, 2:00 p.m. (EDT) Committee Evaluation: March 14, 2019 Board Award: April, 2019 DUVAL COUNTY PUBLIC SCHOOLS Purchasing Services Department 1701 Prudential Drive, Suite 322 Jacksonville, Florida 32207 RFP No. 07-19/LM, WAN Services: Data Connections Duval County Public Schools 1701 Prudential Drive Jacksonville, FL. 32207-3235 ATTACHMENT A www.duvalschools.or PHONE: (904) 390-2000 = TDD: (904) 390-2898 DUVAL COUNTY PUBLIC SCHOOLS PH: (904) 858-4848 FAX: (904 888-4868 Purchasing Services 1701 Prudential Drive Jacksonville, FL 32207-3235 Request for Proposals (RFP) Required Response Form WAN Services: Data Connections RFP No. 07-19/LM This response must be submitted to Duval County Public Schools, Purchasing Services, 1701 Prudential Drive, Suite 322, Jacksonville, FL 32207, no later than 2:00 p.m. EDT on March 7, 2019 and plainly marked RFP No. 07-19/LM. Responses are due and will be opened at this time. Responses received after 2:00 p.m. EDT on the date due will not be considered. Anti-Collusion Statement / Public Domain |, the undersigned vendor have not divulged, discussed, or compared this proposal with any other vendors and have not colluded with any other vendor in the preparation of this proposal in order to gain an unfair advantage in the award of this proposal. | acknowledge that all information contained herein is part of the public domain as defined in the Public Records Act, Chapter 119, F.S. Proposal Certification | hereby certify that | am submitting the following information as my company's response and understand that by virtue of executing and returning with this response this REQUIRED RESPONSE FORM, | further certify full, complete, and unconditional acceptance of the contents of all pages, inclusive of this Request for Proposal, and all appendices/attachments and the contents of any Addendum released hereto. VENDOR (firm name): STREET ADDRESS: CITY & STATE: PRINT NAME OF AUTHORIZED REPRESENTATIVE. SIGNATURE OF AUTHORIZED REPRESENTATIVE: TITLE. DATE: CONTACT PERSON: CONTACT PERSON'S ADDRESS: TELEPHONE: FAX: TOLL FREE: INTERNET E-MAIL ADDRESS: INTERNET URL: VENDOR TAXPAYER IDENTIFICATION NUMBER: SPIN# NOTE: Entries must be completed in ink or typewritten. An original manual signature is required. Page 1 of 29 RFP No. 07-19/LM, WAN Services: Data Connections ITEMS TO BE RETURNED WITH PROPOSAL: Required Response Form Attachment A Page 1 of 29 Cost Proposal Form Attachment B Office of Economic Opportunity Proposed Schedule of Participation Attachment C E-RATE Supplemental Terms and Conditions Attachment D Reference Form Attachment E oar wont = Warranty Information Attachment F Note: In accordance with section 4.3, please submit proposal as follows: 1. One (1) manually signed original 2. Two (2) photocopies of original 3. Five (5) USB Flash Drives in .pdf format Proposals to be delivered to: 1701 Prudential Drive, Suite 322, Jacksonville, Florida 32207 Page 2 of 29 RFP No. 07-19/LM, WAN Services: Data Connections 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13.0 14.0 15.0 16.0 17.0 18.0 19.0 20.0 21.0 22.0 23.0 24.0 25.0 DUVAL COUNTY PUBLIC SCHOOLS RFP: WAN Services: Data Connections RFP No. 07-19/LM INDEX Introduction District Scope of Services Ex Parte Communication Preparation and Submission Requirements ity With District and Add Time Schedule Famili nal Information District's Rights and Reservations Proposal Format and Evaluation Criteria Proposal Evaluation Process Office of Economic Opportunity (OEO) Encouragement Cancellation of Award/Termination Default Legal Requirements Federal and State Tax Conflict of Interest Insurance Requirements Indemnification/Hold Harmless Agreement Public Records Law Permits and Licenses Public Entity Crimes Assignment of Contract and/or Payment Agreement Dispute Disclaimer Most Favored Customer Status Page 3 of 29 RFP No. 07-19/LM, WAN Services: Data Connections ATTACHMENTS: Required Response Form Page 1 of 29 Cost Proposal Form Attachment B OEO Compliance Proposed Schedule of Participation Attachment C E-RATE Supplemental Terms and Conditions Attachment D Reference Form Attachment E 7mm OO BP Warranty Information Attachment F EXHIBITS: 1. Evaluation Worksheet 2. Composite Federal Forms 3: Conduit and Electrical Specification for Services Page 4 of 29 RFP No. 07-19/LM, WAN Services: Data Connections 1.0 11 A! 2.0 2.1 DUVAL COUNTY PUBLIC SCHOOLS RFP: WAN SERVICES:DATA CONNECTIONS RFP No. 07-19/LM INTRODUCTION: Purpose : The purpose and intent of this Request for Proposals (RFP) is to seek sealed proposals from qualified firms to provide a source of supply, and firm prices to establish a Term contract for WAN Services, Data:Connections, Universal Service Fund (E-Rate). An agreement will then be entered for the selected firm (Contractor) to provide the described services for Duval County Public Schools ("DCPS or the District). General Information about District Schools: The District and its governing board were created pursuant to Section 4, Article IX of the Constitution of the State of Florida. The District is an independent taxing and reporting entity managed, controlled, operated, administered, and supervised by the District's school officials. The Board consists of seven elected officials responsible for the adoption of policies, which govern the operation of the District. The Superintendent of Schools is responsible for the administration and management of the schools within the applicable parameters of state and federal laws and regulations, State Board of Education Rules, and School Board policies. The Superintendent is also specifically delegated the responsibility of maintaining a uniform system of records and accounts in the District. The District is coterminous with Duval County, which covers 850 square miles and operates 171 facilities, including administrative areas, elementary schools, middle schools, high schools and specialized schools. The District serves approximately 128,000 students (the student population changes annually). It is the second largest employer in Jacksonville with approximately 11,800 full time staff (approximately 8,300 teachers) at 99 elementary schools, 3 grades K-6 schools, 2 grades K-8 schools, 24 middle schools, 2 grades 6-12 schools, 19 high schools, 6 exceptional student centers, 1 virtual school, 7 alternative schools, 33 charter schools, and additional administrative facilities. The administration of this Contract is a function of the District's Technology Department. All post- award communications shall be directed to Director of Infrastructure. For more information about the District, please visit www.duvalschools.org on the internet. DISTRICT SCOPE OF SERVICES: Scope and Services: High-Speed Bandwidth WAN Ethernet Services: A. The Duval County Public Schools (DCPS) currently uses industry level WAN Ethernet service Page 5 of 29 RFP No. 07-19/LM, WAN Services: Data Connections at all school and administrative locations. DCPS is defining the WAN Ethernet service as Ethernet transport service that transports data traffic between two or more customer Ethernet Local Area Networks (LANs) and that is compliant with IEEE 802.3 standards for Ethernet framing and extends a LAN capability across the metropolitan area of Jacksonville to a remote DCPS school or administrative site anywhere within the Jacksonville city limits. B. Our school district uses 500 Mbps and 1 Gigabit (1000 Mbps) Ethernet services in our school and administrative locations. These circuits are directed to three industry level 10 Gigabit (10000 Mbps) Ethernet service via a service provider central office based VLAN. Two 10 Gigabit Ethernet services currently terminate at the CSX data center at 6425 Southpoint Parkway, Jacksonville, Florida. One 10 Gigabit Ethernet service is currently terminated at 4019 Boulevard Center Dr. Jacksonville, Florida DCPS data center. Cc. The Bidder provide the cost for the service descriptions listed on the cost proposal form to support standalone 500 Mbps and 1 Gigabit (1000 Mbps) WAN Ethernet data transfer rates to multiple DCPS locations. Also requested is pricing on 10 Gigabit (10000 Mbps) bandwidth. These circuits should include guaranteed bandwidths of 500 Mbps, 1 Gigabit (1000 Mbps) and 10 Gigabit (10000 Mbps) service. D. This service should also comply with these Ethernet IEEE standards: 8021.d, 802.1p, 802.1Q,802.3u, 802.3z. Premium connections offer full-duplex service. E. These services should support integration of multiple lower speed Ethernet connections from multiple DCPS WAN Ethernet data service sites into one or more WAN Gigabit Ethernet connections. F. The bidder should provide all terminating equipment (as end-to-end connection) for this service with the premise demarcation device accepting an Ethernet connector (electrical RJ (Registered Jack) 45 or LC (Lucent Connector optical premises interface) as the successful bidder's handoff to the DCPS equipment interface. G. _ The bidder should provide this service to the DCPS premises demarcation location with the ability to provide an electrical RJ 45 or LC optical interface for connection by DCPS to their end premises equipment. This premises interface handoff to DCPS end equipment will be stated by the DCPS Technology Division/Infrastructure Department at the time of circuit implementation orders given to the successful bidder. See Exhibit 3 for Conduit_and Electrical specifications. These services should be provided to the designated DCPS sites via bidder provided exchange level fiber optical network backbone cabling and premises entrance facility cabling. H. E-RATE ELIGIBILITY: E-Rate Form 470 has been filed for this bid to enable DCPS to apply for E-Rate funding for items purchased. It is understood that not all items purchased against this bid will be E-Rate eligible. Vendor must maintain a valid Service Provider Identification Number (SPIN#) for term of this contract, including any subsequent renewals. Vendors who are not listed as having a current SPIN# with the Universal Service Administrative Company (USAC) at time of bid submission will be considered non-responsive and ine Page 6 of 29 RFP No. 07-19/LM, WAN Services: Data Connections Additional information regarding SPIN# is available at http://www. universalservice.org/sl/providers/step01/default.aspx or 888-641-8722. In addition, in accordance with USAC policy, DCPS reserves the option to specify whether customer bills will be the total cost of services or only the customer's non-discount share. In accordance with FCC and USAC payment option policy, service providers may provide applicants with discounted bills and submit the SPI to request payment from USAC for the amount of USF support to be paid. Or, service providers and applicants may jointly submit the BEAR when the applicant has paid the entire cost of services to the service provider. In all cases, USAC pays support to the service provider. The following link provides additional information regarding the E-Rate invoicing options: http://www. universalservice.org/sl/applicants/step11/" I. Service Level requirements: Contractor shall provide an assigned contact within 15 days after award of the contract and keep this information updated for the life of the contract. This individual will be the contact for all matters related to this contract including service requests and problem-reporting. This individual shall have the ability to dispatch and manage Contractor's technicians for DCPS trouble reports. This individual shall have the ability to escalate any trouble report within their organization to secure the necessary Contractor's resources to resolve the reported voice or data service trouble within the prescribed time limit. This individual shall provide the DCPS Infrastructure Supervisor, Infrastructure Director or designated representative with an email address, direct office telephone and mobile service (cell phone) contact number to be used by DCPS. This individual or Contractor designated representative will be available for DCPS trouble call receipt, dispatch and handling during after-hour work time, nights, weekends and/or holidays, as required by DCPS. Contractor shall coordinate all cutovers with the DCPS Infrastructure Supervisor, Infrastructure Director or designated representative to plan and minimize interruption of service. Preferred cutover times are between 7:30 AM and 4:30 PM, Monday through Friday. However, based on the nature of the services implemented, changes and cutovers could be completed after normal work hours, nights, weekends, as coordinated and approved by the DCPS Technology Division, Infrastructure Supervisor or Infrastructure Director. Any Contractor overtime charges will need to be pre-approved and allocated prior to overtime work commencing by the Contractor. Failure by the Contractor to secure pre-approval for overtime work and charges from the DCPS Technology Division could result in the contractor not being paid for overtime work by DCPS, even if the overtime work is completed by the Contractor. Contractor shall have their technician onsite to jointly conduct the cutover along with the designated DCPS Technical Representative. Contractor shall meet the response times district-wide for reported service outages as stated in section 2.1 (I). If any services, functions or responsibilities not specifically described in this agreement are necessary for the proper performance and provision of the services, they shall be deemed/considered to be implied and included within the scope of the services to the same extent and in the same manner as if specifically described in this agreement. Page 7 of 29 RFP No. 07-19/LM, WAN Services: Data Connections 2.2 RFP No. 07-19/LM, WAN Services: Data Connections Contractor shall meet the following response times district-wide for reported service outages. Data Grade Services: WAN Ethernet Four (4) hour restoration of services from the time vendor was notified of problem by DCPS (service technician is considered dispatched at this time). Total time from notification to restoration of service should not exceed six (6) hours unless approved by the Infrastructure Supervisor. The repair interval will start with the time entered on the trouble ticket and end when the fault is corrected. The Service Level Commitment measurement will be based on each individual trouble ticket for a DCPS connection. Data services will be available 24 hours per day, 7 days per week, except for scheduled preventive maintenance by the DCPS Technology Division or the successful bidder. With scheduled maintenance by the successful Bidder, the DCPS Technology Division must be notified by email within five days of the scheduled maintenance window. The Contrator's maintenance window, that affects DCPS services, will not occur during the normal DCPS working hours unless given pre-approval by DCPS. The scheduled maintenance window should occur during the earlier morning hours preferably from midnight to 5:00 AM. Repeated outages for a particular group of DCPS services, over a six month time frame, without resolution and/or failure to meet these established timelines may result in termination of the contract for noncompliance. WAN Ethernet Services shall meet the following monthly performance parameters: **Time-To-Repair 4 hours **Network Availability - 99.9% The Contractor will provide, within 4 days of a request by the DCPS, a report noting the monthly performance parameters of the WAN Ethernet Penalties Service Type | Outage Greater Outage Greater Outage Greater Outage Greater than 8 hours than 12 hours than 16 hours than 24 hours 500 Mb 1% 2% 3% 10% 1 Gb 1% 2% 3% 10% 10 Gb 2% 10% 20% 50% Contract Term: The Di ict shall select a Contractor to provide a secure price and establish a term of contract for WAN Services, Data Connections (E-Rate) as described herein for the District commencing from date of award through June 30, 2020 (subject, however, to availal District fiscal year). Page 8 of 29 y of lawfully appropriated funds for each 3.0 4.0 41 4.2 4.3 Services required herein commence July 1, 2019. The period from date of award through June 30, 2019 is to allow for any transition/set-up requirements necessary to insure a smooth transition of services between our current vendor, whose current contract ends June 30, 2019, and the awarded contractor for this bid, if applicable. The Contract may thereafter be renewed for two (2) additional one (1) year periods, upon the consent and agreement of both parties. The fee structure of the Contractor shall remain firm for the entire contract term including any and all renewals. EX PARTE COMMUNICATION: Ex parte communication, whether verbal or written, by any potential Respondent or representative of any potential Respondent to this RFP with District personnel involved with or related to the RFP, other than as designated in this document, is strictly prohibited. Violation of this restriction may result in the rejection/disqualification of the Respondents proposal. Ex parte communication, whether verbal or written, by any potential Respondent or representative of any potential Respondent to this RFP with Board members is also prohibited and will result in the disqualification of the Respondent. Notwithstanding the foregoing, communications are permissible by this Section when such communications with a prospective Respondent are necessary for, and solely related to, the ordinary course of business concerning the District's existing contract(s) for the materials or services addressed in this RFP (but in no event shall any existing vendor intending to submit a proposal initiate communications to any member(s) of the School Board of Duval County, Florida; it being understood such communication initiated by a vendor under these circumstances would not be in the ordinary course of business). PREPARATION AND SUBMISSION REQUIREMENTS: Proposals not conforming to the instructions provided herein will be subject to disqualification at the sole option of the District. All proposals must be received no later than 2:00 p.m. (EDT), on March 7, 2019. Official time for the purpose of RFP opening will be calibrated using http://www.timeanddate.com/worldclock/results .html?query=jacksonville. If a proposal is transmitted by US Mail or other delivery medium, the Proposers(s) will be responsible for its timely delivery to Purchasing Services, 1701 Prudential Drive, Suite 322, Jacksonville FL 32207. Any proposal received after the stated time and date or at other location will not be considered. One manually signed original, two (2) photocopies of original, and five (5) copies on USB Flash Drive. (5 USB Flash Drives to be submitted) of the complete proposal must be sealed and clearly labeled "REQUEST FOR PROPOSAL: WAN Services: Data Connections " on the outside of the package. The legal name, address, Proposers' contact person, and telephone number must also be clearly annotated on the outside of the package. Page 9 of 29 RFP No. 07-19/LM, WAN Services: Data Connections 44 45 5.0 The manually signed original shall be marked as ORIGINAL. Once accepted, all original proposals and any copies of proposals become the sole property of the District and may be retained by the District or disposed of in any manner the District deems appropriate. All proposals must be signed by an officer or employee having authority to legally bind the Proposers(s). Any corrections of unit prices must be by line-outs of the original prices with correct amounts typed or written in and initialed by the originator. Corrections made using correction fluid (white out) or any other method of correction are unacceptable. NOTE: It is the sole responsibility of each respondent to assure all proposal copies are EXACT duplicates of the original proposal. USB Flash Drives will be utilized by the Evaluation Committee for the purpose of evaluation of proposals. Any information contained in the original proposal which has not been transferred to the USB Flash Drive or photocopies will NOT be considered. The original document will be used solely for official record keeping purposes. Potential Proposers shall not contact, by written or verbal communication, any District employee for information regarding this RFP other than as expressly permitted by this RFP. Additions, deletions or modifications to information contained in the RFP document will be presented to all potential Proposers by means of a written addendum, if necessary. No verbal or written information which is obtained other than by information in this document or by addendum to this RFP will be binding on the District. Any questions or requests for clarification regarding this RFP shall be submitted to Louis Mitchum, Purchasing Services in writing via e-mail at mitchuml@duvalschools.org. The deadline for such questions or requests will be 4:00 p.m., EDT on February 20, 2019, unless otherwise extended in writing by the District. Questions or requests for clarification received after the deadline will NOT be addressed. Note that Proposers are requested to submit questions regarding this RFP for the District's clarification via issued Addenda, instead of Proposers taking exceptions to any terms or conditions of this RFP within the submitted proposal. Any proposal may be withdrawn prior to the date and time the proposals are due. Any proposal not withdrawn will constitute an irrevocable offer, for a period of one hundred twenty (120) days, to provide the District ample time to award the Contract for the services specified in the proposal and this RFP. Concurrent with the delivery of the Proposer's proposal, the Proposer shall also irrevocably deliver a completed and properly signed Attachment A. Upon completion of the award process and within three (3) business days of the School Boards completion of the award process at its duly called meeting the required insurance certificate must be delivered. (see Section 16.0 of this RFP). FAMILIARITY WITH DISTRICT AND ADDITIONAL INFORMATION: Proposers should become familiar with any local conditions which may, in any manner, affect the services required. The Proposers(s) is/are required to carefully examine the RFP terms and to become thoroughly familiar with any and all conditions and requirements that may in any manner affect the work to be performed under the Contract. No additional allowance will be made due to lack of Page 10 of 29 RFP No. 07-19/LM, WAN Services: Data Connections 6.0 7.0 8.0 knowledge of these conditions. Submission of a proposal shall constitute acknowledgement by the Proposers that it is familiar with all conditions. The failure to familiarize itself with the sites shall in no way relieve him or her from any obligations with respect to the proposal. TIME SCHEDULE: The District will attempt to adhere to the following time schedule: Monday, February 5, 2019, RFP Release Wednesday, February 20, 2019, at 4:00 p.m. (EDT) Deadline for Questions Thursday, March 7, 2019, at 2:00 p.m. (EDT) Proposal Opening Thursday, March 14, 2019, Committee Evaluation April, 2019 Board Award Inquiries regarding the status of a proposal must not be made prior to the posting of award recommendation. DISTRICTS RIGHTS AND RESERVATIONS: The District reserves the right to accept or reject any or all proposals. The District reserves the right to waive any irregularities and technicalities and may at its sole discretion request clarification or other information to evaluate any or all proposals. The District reserves the right, before awarding the Contract, to require Proposers(s) to submit additional evidence of qualifications or any other information the District may deem necessary. The District reserves the right, prior to its Board approval, to cancel the RFP or portions thereof, without liability to any Proposers or the District. The District reserves the right to: (1) accept the proposals of any or all of the items it deems, at its sole discretion, to be in the best interest of the District; and (2) the District reserves the tight to reject any and/or all items proposed. The District reserves the right to further negotiate any proposal, including price, with the highest tated Proposer. If an agreement cannot be reached with the highest rated Proposer, the District reserves the right to discontinue negotiations and to negotiate and recommend award to the next highest ranked Proposer or subsequent Proposer(s) until an agreement is reached. The District reserves the right to require presentations/interviews with the highest ranked respondents. If presentations/interviews are deemed necessary, the District will notify the affected respondents by email not later than seven business days prior to their respective scheduled presentation/interview. PROPOSAL FORMAT AND EVALUATION CRITERIA: In order to maintain comparability and enhance the review process, it is required that proposals be organized in the manner specified below. Include all information in your proposal. Proposers are encouraged to provide tab separations for each item. Proposals received which do not Page 11 of 29 RFP No. 07-19/LM, WAN Services: Data Connections 9.0 address ALL items and sub-items listed in this section may be considered nonresponsive. COST OF E-RATE ELIGIBLE PRODUCTS AND SERVICES: (40 Points) The District will consider and rate the explanation and detail of the rates and fees. REFERENCES: (15 Points) Also, the District will consider the acceptability of the three references presented by the vendor r to the District. Reference information must include company name/project, contact name, address, telephone number and email address. Each Bidder is required to to submit references from 3 K-12 educational institutions (each with 30 or more sites) indicating that they have successfully installed and deployed Fabric Connect, Fabric Attach, Fabric Extend and Shortest Path, or equivalent network technology. See reference form from customers with environments si Attachement E. EXPERIENCE: (20 Points) The District will consider and rate the experience in providing, installing and maintaining like services for customers, knowledge of current state-of-the-art technology, experience in managing projects of similar scope and nature ina regional setting and with large K-12 educational institutions. The offeror must provide a history of the company, strength and stability, licensing information, years in providing Data Communications services. Existing customer satisfaction. licensing PRICE OF INELIGIBLE PRODUCTS AND SERVICES: (15 Points) The District will consider and rate the explanation and detail of the rates and fees. Provide the proposed firm fixed fee for non-eligible parts and equipment defined herein for the term of the contract. The cost proposal should include non-eligible parts and equipment costs per item, (percentage discount off MSRP for end of life/discontinued items), and other features included. The awarded proposer must provide price sheets to verify the percentage discount per non-eligible category, upon request of the DCPS. IMPLEMENTATION/COST: (10 Points) The District will consider the cost, if any, to the District to deploy and integrate the proposed services. The time and effort required to seamlessly integrate proposed services into the Districts environment. The cost and amount of time required to train District staff on proposed services. OEO PROPOSED SCHEDULE OF PARTICIPATION (Attachment C): Submit with signatures as specified. This is a required submittal. No points are assigned to this required item. PROPOSAL EVALUATION PROCESS: Proposals are received and publicly opened. Only names of Proposers are read at this time. Page 12 of 29 RFP No. 07-19/LM, WAN Services: Data Connections 10.0 An Evaluation Committee will convene, review and evaluate all proposals submitted based on the factors set forth in the RFP. The Proposers complete response will be reviewed and evaluated by the Evaluation Committee. The Evaluation Committee reserves the right to interview any or all Proposers and to require a formal presentation with the key people who will administer and be assigned to work on the contract before recommendation of award. All proposals will be evaluated in accordance with the evaluation criteria specified in this document. Information derived by investigation and overall due diligence of District staff will be considered. Based on the proposals received, the District may elect to proceed based on any of the following options, but will not necessarily be limited only to these options: (1) Award to the best initial proposal without any further discussion or negotiation; (2) Negotiate with the highest ranked Proposer; or, (3) Allow the top ranked Proposers make oral presentations. Proposers are advised to provide their respective best offer with the initial proposal because the District reserves the right to award a Contract based on initial proposals without further discussion or negotiation. . The proposal most advantageous to the District in its sole discretion will be selected. The District reserves the right to negotiate revisions to or removal of unacceptable clauses or restrictions incorporated within an otherwise acceptable proposal. In the event that a mutually acceptable contract between the District and the selected Proposers cannot be successfully negotiated and executed, then the District reserves the right to discontinue negotiations with such Proposers and to negotiate and execute a Contract with the next-ranked Proposers. Note section 4.4 above, where Proposers are requested to submit questions during the addendum process instead of taking exceptions within the proposal to the terms and conditions in this RFP. The District reserves all rights, in its sole discretion, not to issue an award to any Proposers, to cancel this RFP at any time, to reissue this RFP for any reason, or a combination of any or all of the above. The District will not be liable to any Proposer for any costs incurred in connection with this RFP as a result of any of the above stated actions taken by the District. A recommendation agenda item will be submitted to the Superintendent of Schools, Duval County, Florida. The Superintendent will then recommend to the School Board the award or rejection of any and/or all proposal(s). The School Board will then award or reject any or all proposal(s). OFFICE OF ECONOMIC OPPORTUNITY (OEO) ENCOURAGEMENT: The District encourages a maximum participation of SBEs and M/WBEs in its contract awards, based upon availability. The District ensures that private companies doing business with the District are not discriminated against in the award of contracts for construction projects, procurement of goods and services, and professional services on the basis of race, color, sex or national origin. The awarded Contractor shall submit to the Office of Economic Opportunity a Quarterly OFO Utilization Report stating the quarterly activity with certified SBEs and MBEs. The report shall include the name of the company(s), the product(s) or service(s) purchased and the amount. If there Page 13 of 29 RFP No. 07-19/LM, WAN Services: Data Connections 11.0 11.1 11.5 is no activity to report for the quarter, the Company shall submit a Good Faith Efforts Statement. CANCELLATION OF AWARD/TERMINATION: Cause: In the event the Contractor, either willfully or unintentionally violates any of the provisions of the Contract, the Superintendent or designee shall give written notice stating the deficiencies. The Contractor shall provide to the District its action plan within two (2) business days after the District's notification, and the Contractor shall have ten (10) business days after the Districts initial notice to complete the cure set forth in its action plan. Convenience: The District, reserves the right to terminate any contract resulting from this RFP, at any time and for any reason, upon giving no less than sixty (60) calendar days prior written notice. If said Contract should be terminated for convenience as provided herein, the District shall be relieved of all obligations under said Contract. Access to any and all work papers will be provided to the District after the termination of the Contract. The parties understand and agree that the Contractor shall in no event have the reciprocal right to terminate the Contract; it being understood that the District's payments to the Contractor forms the consideration for the District's termination for convenience not being available to Contractor. In the event of the District's termination of the Contract, the District (in its sole election) may also require the Contractor to provide the transition assistance as set forth in Section 11.6 of this RFP. Breach of contract resulting in termination of the Contractor for cause may result in the Contractor being debarred from future solicitations pursuant to School Board Policy 7.70. FORCE MAJEURE: Whenever the Contractor's place of business, mode of delivery or source of supply has been disrupted by acts of government, God, civic commotion, or war, it shall be the responsibility of the Contractor to promptly send written notice to the District's Director of Purchasing Services, as to the extent of this disruption and its probable effect upon this Contract. If, in the opinion of the District, the disruption presented is commensurate with the conditions established herein, the District may elect to modify delivery/service timelines, renegotiate the Contract in whole or in part, or cancel all or any portion of the Contract. The Contractor will be given written notification of all decisions made. The decision of the District shall be final, and the District's objective will be a solution that is mutually beneficial. Notwithstanding anything to the contrary herein, each payment obligation of the District created by the Contract is conditioned upon the availability of funds that are appropriated or allocated for the payment of services. If such funds are not allocated and available, the Contract may be terminated by the District at the end of the period for which funds are available. The District shall notify the Contractor at the earliest possible time before such termination. No penalty shall accrue to the District in the event this provision is exercised, and the District shall not be obligated or liable for any future payments due or for any damages as a result of termination under this section. Page 14 of 29 RFP No. 07-19/LM, WAN Services: Data Connections 12.0 13.0 13.1 13.2 13.3 In order to provide transition assistance to the District in the event that the Contract is terminated or expires, the Contractor agrees that the District may provide written notice to the Contractor retaining the Contractor for a mutually agreed upon period of time (at a minimum of one calendar month, plus five (5) additional calendar months on a month-by-month basis at the District's sole and unilateral election) on the same terms and conditions set forth in the Contract (the Transition Assistance). The provisions of this section will not apply if the Contract is terminated by the Contractor based on an uncured event of default by the District. DEFAULT: In the event that the Contractor breaches the Contract, the District reserves the right to seek any and all remedies in law and/or in equity. LEGAL REQUIREMENTS: It shall be the responsibility of the Contractor to be knowledgeable of and adhere to the requirements of any Federal, State, County and local laws and ordinances, rules and regulations that in any manner affect the items covered herein which may apply. Lack of knowledge by the Contractor shall in no way be a cause for relief from responsibility. Upon award, Contractor shall execute and deliver to the District, concurrent with its signature of the Agreement, the following, all of which shall be incorporated into the Agreement by this reference, and which are attached as composite Exhibit 2: (a) Federal Regulatory Compliance Statement; (b) Certification Regarding Drug-Free Workplace Requirements; (c) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion; and (d) Non-Collusion Affidavit. The District is committed to a policy of providing equal job opportunities on pu contracts and prohibiting discrimination against any employee, applicant or Subcontractor. Accordingly, Contractor represents and warrants to the District that Contractor does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Contractor's performance under the Contract on account of a person's actual or perceived identity with regard to race, color, religion, gender or gender identity, age, marital status, disability, sexual orientation, political or religious beliefs, national or ethnic origin, veteran status, any other protected status under applicable law, or any other distinguishing physical or personality characteristics. Contractor further covenants that no otherwise qualified individual shall, solely by reason of his/her actual or perceived identity with regard to race, color, religion, gender or gender identity, age, marital status, disability, sexual orientation, political or religious beliefs, national or ethnic origin, veteran status, any other protected status under applicable law, or any other distinguishing physical or personality characteristics, be denied the benefits of, or be subjected to discrimination, or be denied access and services, under any provision of the Contract. Respondents affirm by submitting their proposals that they are equal opportunity and affirmative action employers and shall comply with all applicable federal, state and local laws and regulations including, but not limited to: Executive Order 11246 as amended by 11375 and 12086; 12138; 11625; 11758; 12073; the Rehabilitation Act of 1973, as amended; the Vietnam Era Veterans Readjustment Assistance Act of 1975; Civil Rights Act of 1964; Equal Pay Act of 1963; Age Discrimination Act of 1967; Immigration Reform and Control Act of 1986; Public Law 95-507; the Americans with Disabilities Act; 41 CFR Part 60 and any additions or amendments thereto. Page 15 of 29 RFP No. 07-19/LM, WAN Services: Data Connections 13.4 13.5 13.6 13.6.1 13.6.2 13.6.3 13.6.4 13.6.5 JESSICA LUNSFORD ACT: The Contractor shall comply with and be responsible for all costs associated with the Jessica Lunsford Act, which became effective on September 1, 2005 (if applicable). The Act states that contractual personnel who are permitted access to school grounds when students are present or who have direct contact with students must meet Level 2 requirements as described in Sections 1012.32, 1012.465 and 1012.467 Florida Statutes and any other applicable Section(s). In 2013, the Florida Legislature amended Section 1012.467 F.S. to create a requirement for a uniform, statewide identification badge to be worn at all times by non-instructional Contractors when on school grounds. The cost of the badge may not exceed ten dollars ($10.00) per badge, per employee. After the implementation of the initial badge, Contractors shall replace the badges concurrently with the re-fingerprinting of employees. The associated cost of the uniform, statewide badge shall be the responsibility of the Contractor. The Contractor shall report any arrest for a disqualifying offense within forty-eight (48) hours of the arrest. Failure of the Contractor / Contractor's employee to report an arrest for any disqualifying offense within 48 hours is a felony of the third degree punishable as provided in Section 775.082 or Section 775.083 F.S Other Legal Requirements. All the personnel assigned by the Contractor and any subcontractor shall be authorized under state and local laws to perform such Services, whether by appropriate ense, registration, certification or other authorization. Representations and Warranties. The Contractor warrants that it is a duly formed business entity duly organized and existing in good standing under the laws of the State of its formation and is entitled and shall remain licensed to carry on its business as required for its performance pursuant to the Contract in the State of Florida. The Contractor agrees that it will comply with all rules and regulations of governmental bodies governing its performance under this RFP and the resulting Contract whether or not such specified in the Contract and Exhibits. The Contractor further warrants that the execution and delivery of the Contract and the terms and conditions herein have been duly authorized by proper corporate and/or partnership action (as the case may be). The Contractor shall comply with all applicable federal, State and local laws, ordinances, rules, and regulations pertaining to the performance of the Services and all matters pertaining to the Contract, as the same exist and as they may be amended from time to time. Each Party agrees to continue performing its obligations under the Contract while any dispute is being resolved (except to the extent the issue in dispute precludes performance); provided, however, that any dispute over payment shall not be deemed to preclude performance Each Party agrees that, in its respective dealings with the other Party under or in connection with the Contract, it shall act in good faith. Neither Party shall use the name or marks of the other without its express written permission, which may be withdrawn at any time. Page 16 of 29 RFP No. 07-19/LM, WAN Services: Data Connections 13.7 13.7.1 13.7.2 13.7.3 13.7.4 13.7.5 13.7.6 13.7.7 13.7.8 13.7.9 13.7.10 Miscellaneous. The Contract to be awarded pursuant to this RFP shall be further governed by the following: This RFP and any Contract resulting therefrom shall be interpreted and enforced in accordance with the laws of Florida and it shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns. Venue for any action arising out of the Contract shall lie exclusively in the jurisdictional courts in and for Duval County, Florida. The Contract shall not be construed more strongly against any party regardless of who was more responsible for its preparation. Except for the provisions requiring Contractor to pay the District's reasonable attorneys fees and costs for any matter arising under Section 17 of the RFP (which shall control), in the event of any other conflict arising from the Contract, each party shall pay its own attorneys fees and costs. In the event any provision specified herein is held or determined by a court of competent jurisdiction to be illegal, void or in contravention of any applicable law, the remainder of the Contract shall remain i full force and effect. Nothing herein shall be deemed that the District alters, limits, waives, or expands the provisions and limitations of section 768.28, Florida Statutes. Except as otherwise provided by Florida Law, neither the execution of the Contract by the District nor any other conduct, action or inaction of any District representative relating to the Contract is a waiver of sovereign immunity by the District. The Contract may not be amended or supplemented in any way except in writing, dated and signed by authorized representatives of both parties. The Article and Section headings and the table of contents used herein are for reference and convenience only and shall not enter into the interpretation hereof. The Contractor is, and shall at all times be, an independent contractor under the Contract and not an agent of the District. Nothing in the Contract nor any actions taken by or arrangements entered into between the Parties in accordance with the provisions of the Contract shall be construed as or deemed to create as to the Parties any partnership or joint venture. Neither Party shall have any authority to bind or commit the other Party contractually or otherwise to any obligations whatsoever to third parties. The Contract is entered into solely between, and may be enforced only by, the District and the Contractor, and the Contract shall not be deemed to create any rights in third parties, including suppliers and customers of a Party, or employees of either Party, or to create any obligations of a Party to any such third parties. Except where expressly provided as being in the discretion of a Party, where agreement, approval, acceptance, consent, or similar action by either Party is required under the Contract, such action shall not be unreasonably delayed or withheld. An approval or consent given by a Party under the Contract shall not relieve the other Party from responsibility for complying with the requirements of the Contract, nor shall it be construed as a waiver of any rights under the Contract, except as and to the extent otherwise expressly provided in such approval or consent. Page 17 of 29 RFP No. 07-19/LM, WAN Services: Data Connections 13.7.11 13.7.12 13.7.13 13.7.14 13.7.15 The provisions in this RFP and all contract documents, which by their nature are intended to survive the expiration, cancellation or termination of the Contract, including, by way of example only, the Indemnification, Insurance, and Confidentiality provisions, shall survive the expiration, cancellation or termination of the Contract. All media releases, public announcements, and public disclosures by either Party relating to the Contract or the subject matter of the Contract, including promotional or marketing material, shall be coordinated with and approved by the other Party prior to release. Contractor shall not host or stage events at District locations without receiving prior approval by the District contract administrator. Time shall be of the essence as to all provisions of the Contract. If any date of significance hereunder falls upon a Saturday, Sunday, or legal holiday, such date shall be deemed moved forward to the next day which is not a Saturday, Sunday or legal holiday. Saturdays, Sundays and legal holidays shall not be considered business or working days. Every notice, approval, consent or other communication authorized or required by the Contract awarded pursuant to this RFP shall not be effective unless same shall be in writing and sent via hand delivery or overnight delivery (with a receipt), directed to the other party at its address provided below, or directed to the Contractor as established promptly after the award of the Contract pursuant to this RFP. Either party may change the address by written notice to the other party from time to time in accordance herewith If to District: With copy to: School Board of Duval County, Florida Office of Legal Services 1701 Prudential Drive Attn: Chief Jacksonville, Florida 32207 1701 Prudential Drive Phone: (904) 390-2115 Jacksonville, FL 32207 Attn: Superintendent Phone: (904) 390-2111 Notwithstanding the foregoing, the parties agree that all communications relating to the day-to-day activities shall be exchanged between the respective representatives of the District and the Contractor. Once so designated, each party's representative shall coordinate communications and processes as needed for the purposes of conducting the services set forth in the Contract, as well as the process for routine or administrative communications. The parties shall also reasonably cooperate as to the development (including content and format) of the invoicing and any reports to be provided by Contractor as part of the services. Gratuities and Kickbacks. Any employee or any official of the District, elective or appointive, who shall take, receive, or offer to take or receive, either directly or indirectly, any rebate, percentage of contract, money or other things of value, as an inducement or intended inducement, in the procurement of business, or the giving of business, for, or to, or from, any person, partnership, firm or corporation, offering, proposing for, or in the open market seeking to make sales to the District, shall be deemed guilty of a felony and upon conviction such persons shall be punished to the full extent of the law. Every person, firm, or corporation offering to make, or pay, or give, any rebate, percentage of contract, money, or other things of value, as an inducement or intended inducement, in the procurement of business, or the giving of business, to any employee or official of the District, elective or appointive, in Page 18 of 29 RFP No. 07-19/LM, WAN Services: Data Connections 13.7.16 13.7.17 14.0 his efforts to proposal for, offer for sale, or to seek in the open market to make sales to the District, shall be deemed guilty of a felony and upon conviction such persons shall be punished to the full extent of the law. It is the policy of the District to not accept gifts, gratuities, or favors of any kind or of any value whatsoever from vendors, members of the staff, or families. Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure the Contract, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of the Contract. Contractor further warrants that it, nor any of its directors, employees, officers or agents, nor any of Contractor's respective subsidiaries or affiliates, has taken, is currently taking or will take any action in furtherance of an offer, payment, promise, gi or anything else of value, directly or indirectly, to anyone to improperly influence or otherwise secure any improper advantage in procuring business in relation to the Contract. For the breach or violation of these provisions, the District shall have the right to terminate the Contract without liability and/or, at its discretion, to deduct from the price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. In the event of any conflict among the documents, the order of priority of the contract documents shall be as follows: First, to any executed Contract resulting from the award of this RFP; Second, Addenda (if any) released for this RFP, with the latest Addendum taking precedence; Third, the RFP, and Last, the awardees Proposal. The District shall issue payment in accordance with Sections 218.70. et sq. Florida Statutes, Local Government Prompt Payment Act, after receipt of an acceptable invoice, inspection and acceptance of goods and/or services provided in accordance with the terms and conditions of the agreement. Any Penalty for delay in payment shall be in accordance with appl...

1701 Prudential Drive Jacksonville, FL 32207Location

Address: 1701 Prudential Drive Jacksonville, FL 32207

Country : United StatesState : Florida

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