E-Rate Consulting Services

AGREEMENT BETWEEN THE SCHOOL BOARD OF DUVAL COUNTY, FLORIDA, AND CSM CONSULTING, INC. This Agreement is made and entered into effective August 8, 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 CSM Consulting, Inc., a California corporation authorized to transact business in Florida (the Contractor"). WITNESSETH: Whereas, the District issued RFP 09-19/LM E-Rate Consulting Services (with attachments) dated on or about May 3, 2019, together with Addendum No. 1 dated May 20, 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 submitted a proposal (attached hereto and incorporated herein by this reference as Exhibit B), and was selected as a responsive and responsible Contractor by the District as more fully set forth below (the Proposal);

Whereas, the Contractor is interested in and capable of performing the E-Rate Consulting services (hereafter further defined as the Services) for the District and the District desires to have the Contractor perform the Services; and Whereas, the parties have reached an agreement on the Services to be performed and the payment for the same, and 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 1.4 The recitals set forth above are true and correct and are incorporated into this Agreement by this reference. Unless otherwise assigned a different meaning in this Agreement, defined terms in this Agreement shall have the same meaning as the defined terms in the RFP. 41.2 The parties agree that the purpose of this Agreement is that the Contractor shall fully, timely, and continuously provide the District the Services in accordance with the District's objectives set forth in the RFP and this Agreement. The contract documents consist of this Agreement, the RFP, and the Proposal. In the event of any conflict or ambiguity among these documents, the priority set forth in section 13.7.16 of the RFP is assigned. ARTICLE Il COMMENCEMENT AND RENEWAL 2.4 See Section 2.3 of the RFP. The Services shall commence according to the schedule set forth in the RFP, unless the District notifies the Contractor otherwise in writing. ARTICLE Ill COMPENSATION 3.4 The maximum obligated amount under this Agreement shall be as set forth in Attachment B of the Proposal, subject to the provisions of the contract documents regarding any renewal term; 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 increased by formal approved and executed supplemental agreement(s). For convenient reference, the relevant provisions of Attachment B of the Proposal is attached hereto as Exhibit C. ARTICLE IV TERMINATION 4.1 See Article 11 of the RFP. ARTICLE V MEETINGS; REPORTS; 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 Contractor shall provide records and information and fully cooperate (notwithstanding any Contractor claims of trade secrets, proprietary or confidential information) with the District as to all matters pertaining to any and all legal, audit, administration, and compliance requirements relating to the Services and the contract documents. 5.3 Contractor's address for notices as set forth in section 13.7.14 of the RFP is: CSM Consulting, Inc. Attn: President 4671 Golden Foothill Parkway, Suite 101 El Dorado Hills, CA 95762 ARTICLE VI MISCELLANEOUS 6.1 Contractor's exceptions to the RFP set forth in its Proposal, if any, are stricken in their entirety and void except as may be specifically addressed in this Agreement. 6.2 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. IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first above written. THE SCHOOL BOARD OF DUVAL COUNTY, FLORIDA y By: ., Lofi Hershey, Caixnan ; Diana Grene, Superintendent of Schools and Ex-Officio Secretary to the Board Form Approved: Approved by Board on August 6, 2019 By: Office of General Counsel [Signatures continued on next page] [Signature Page to Agreement between The School Board of Duval County, Florida, and CSM Consulting, Inc. For RFP 09-19/LM E-Rate Consulting Services CSM CONSULTING, INC. By: [(P of et Name:__David Cichella Title:___Vice President EXHIBIT A The RFP EXHIBIT B The Proposal Exhibit C Appendix B COST PROPOSAL FORM Iter # Item Price 4 Firm fixed fee for year 1 annual support $ 73,000 2 Firm fixed fee for year 2 annual support $ 73,000 3 Firm fixed fee for year 3 annual support $ 73,000 4 Firm fixed fee for year 4 annual support $ 73,000 5 Firm fixed fee for year 5 annual support $ 73,000 6 | Hourly Consultant Rate $ 120 7 Total Proposed Firm fixed fee for 5 years $ 365,000 Additional information may be attached to support the proposed pricing. Printed Name: __ David Cichella Signature of authorized consultant representative: fee (7 Date: May 22, 2019 19 August 6, 2019, Regular Board Meeting Title 29. CSM CONSULTING E-RATE RFP Recommendation That the Duval County School Board approve the agreement with CSM Consulting, Inc., for the period of July 1, 2019 through June 30, 2024, subject to availability of appropriated funds for each fiscal year. There are three (3) additional one (1) year renewals. 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 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 The District issued RFP No. 09-19/LM for E-Rate consulting services. CSM Consulting was chosen to ensure that the District's reimbursement dollars, valued at approximately $17,000,000.00, are maximized. This contract will: * Provide comprehensive consulting services to support the District's implementation of the Federal E-Rate program. + Assist the District with E-Rate application, filings, appeals, and other USAC business. * Consult and advise the District with preparation of the Districts Technology Plan to ensure compliance of E-Rate requirements. Advise the District on the status of reviews and audits. * Recommend services to maximize E-rate discounts and reimbursements. * Electronically archive all District forms, letters, and written communication related to the District's implementation for the E-Rate program. Gap Analysis CSM Consulting has been applying for, and monitoring school districts' E-Rate funding across ten (10) states, including school districts in Florida. With more than one hundred (100) combined years of experience working with E-Rate, they assist as well as prepare technology plan reviews; E-Rate discount calculations; CIPA certifications; contract review and compliance; form preparation and submission; and USAC and FCC appeals. Previous Outcomes CSM Consulting filed all required paperwork for reimbursement of E-Rate dollars, as well as filed/stored all necessary paperwork for audits from USAC/FCC successfully for the 2018 - 2019 school year, pursuant to an administrative award based on a Lee County school district contract. Expected Outcomes CSM Consulting will deliver positive outcomes for e-rate filing, and ensure that the District is receiving the highest reimbursement dollars available for school networks and electronics. Strategic Plan Goal Ensure Effective, Equitable, & Efficient Use of Resources Aligned to Improved Student Outcomes Financial Impact Previous Years Expenditures: $55,000 (as a result of an administratively awarded contract from Lee County). Current Agreement: Estimated $80,000 per year to include consultation services. Funding Stream RC: 2750 Fund: 10701 Function: 8200 Object: 310 Contact James Culbert, Executive Director, Technology Services, 904-348-7172 Attachments 1. CSM Contract (RFP 09-19 LM E-Rate Consulting Services) EVALUATION COMMITTEE SUMMARY Ranking Proposer Available Points Points Attained Percentage 1 CSM Consulting, Inc 300 290.00 97% 2 ERATE Central ~~ 300 232.00 77% 3 Funds For Learning 300 207.50 69% 4 E-Rate 360 Solutions, LLC 300 193.00 64% 5 E-Rate Consulting, Inc 300 184.00 61% 6 E-Rate Elite Services, Inc 300 182.50 61% 7 Infinity Communication & Cons. 300 157.50 53% Recommended Awardee Page 1 of 3 RFP No. 09-19/LM, E-Rate Consulting Services ADDENDUM NO. 1 ADDENDUM NO. 1 www.duvalschools.org/purchasing Issue Date: May 20th, 2019 Phone: 904-858-4859 Buyer: Louis Mitchum Bid Number: RFP No. 09-19/LM Bid Title: E-Rate Consulting Services Term of Bid: July 1, 2019 through June 30, 2024 Opening: Thursday, May 30, 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 on any additional enclosed documents. Purpose: To answer questions received in accordance with this RFP 1. Question: Attachment A has the bid date listed in the first paragraph as being February 28, 2019, all other location has the date of May 30, 2019. Will there be a revised attachment A sent to bidders so that all documents match? Answer: RFP response are due February 28, 2019, May 30th, 2019. See attached revised Attachment -A. 2. Question: How many non-instructional/administrative/MOT/transportation facilities does the district have? Answer: Seven (7) 3. Question: Page 6, section 2.2, subsection A. bullet point #2 requests that the consultant evaluate the Districts existing technology and telecommunications needs and operations through discussions and periodic on-site visits. Will the district please elaborate on the definition of periodic on-site visits? eile re http://www.duvalschools.org/purchasing http://www.duvalschools.org/purchasing Page 2 of 3 RFP No. 09-19/LM, E-Rate Consulting Services ADDENDUM NO. 1 a. Per page 5 of the RFP there are 163 different instructional facilities, and an untold number additional administrative facilities. To properly provide an accurate assessment of the man power required to review existing technology. There should be a baseline recommendation for the number of on-site visits that are expected in a calendar year. b. During the on-site visits, will the consultant need to walk all sites in the district, or will each trip include a certain number of sites per trip? Answer: There is an expectation that there will be two on site visits per year, with a certain number of sites visited per trip. 5. Question: Section 2.2 is slightly vague in how it differentiates between Category 1 filing and category 2 filing. This section describes a scope of work that could be understood as only providing category 1 filing services under section A, B and C, and having all category 2 filing services completed under section D. However, it could also be understood that sections A, B and C infer that both category 1 services and category 2 services are to be included in the base fee for the project. How would the district like to see the pricing for these services? Category 1 services only in sections A, B and C, and category 2 in Section D? Or categories 1 and 2 in the base fee? Answer: Categories 1 and 2 pricing in the base fee. Page 3 of 3 RFP No. 09-19/LM, E-Rate Consulting Services ADDENDUM NO. 1 ATTACHMENT A Duval County Public Schools www.duvalschools.org 1701 Prudential Drive PHONE: (904) 390-2000 Jacksonville, FL 32207-3235 TDD: (904) 390-2898 Purchasing Services PH: (904) 858-4848 1701 Prudential Drive FAX: (904 858-4868 Jacksonville, FL 32207-3235 Request for Proposals (RFP) Required Response Form E-RATE CONSULTING SERVICES RFP No. 09-19/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 February 28, 2019 May 30, 2019 and plainly marked RFP No. 09-19/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 I, 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. I 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 I hereby certify that I 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, I 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: NOTE: Entries must be completed in ink or typewritten. An original manual signature is required. eile re http://www.duvalschools.org/dcps http://www.duvalschools.or/#g RFP No. 09-19/LM, E-Rate Consulting Services REQUEST FOR PROPOSALS (RFP) RFP NO. 09-19/LM E-Rate Consulting Services RFP Release Date: May 3rd, 2019 Deadline for Written Questions: May 17th, 2019, 4:00 p.m. (EDT) Proposals Opened: May 30th, 2019, 2:00 p.m. (EDT) Committee Evaluation: June 4th, 2019 Board Award: July, 2019 DUVAL COUNTY PUBLIC SCHOOLS Purchasing Services Department 1701 Prudential Drive Jacksonville, Florida 32207 eile re Page 1 of 28 RFP No. 09-19/LM, E-Rate Consulting Services ATTACHMENT A Duval County Public Schools www.duvalschools.org 1701 Prudential Drive PHONE: (904) 390-2000 Jacksonville, FL 32207-3235 TDD: (904) 390-2898 Purchasing Services PH: (904) 858-4848 1701 Prudential Drive FAX: (904 858-4868 Jacksonville, FL 32207-3235 Request for Proposals (RFP) Required Response Form E-RATE CONSULTING SERVICES RFP No. 09-19/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 February 28, 2019 and plainly marked RFP No. 09-19/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 I, 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. I 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 I hereby certify that I 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, I 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: NOTE: Entries must be completed in ink or typewritten. An original manual signature is required. eile re http://www.duvalschools.org/ Page 2 of 28 RFP No. 09-19/LM, E-Rate Consulting Services ITEMS TO BE RETURNED WITH PROPOSAL: 1. Required Response Form Attachment A Page 1 of 28 2. Cost of Services Attachment B 3. Office of Economic Opportunity Proposed Schedule of Participation Attachment C 4. Federal Forms Exhibit 2 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. Six (6) USB Flash Drives in .pdf format Proposals to be delivered to: 1701 Prudential Drive, Suite 322 Jacksonville, Florida 32207 Page 3 of 28 RFP No. 09-19/LM, E-Rate Consulting Services DUVAL COUNTY PUBLIC SCHOOLS RFP: E-RATE CONSULTING SERVICES RFP No. 09-19/LM INDEX 1.0 Introduction 2.0 District Objectives/Scope of Services 3.0 Ex Parte Communication 4.0 Preparation and Submission Requirements 5.0 Familiarity With District and Additional Information 6.0 Time Schedule 7.0 Districts Rights and Reservations 8.0 Proposal Format and Evaluation Criteria 9.0 Proposal Evaluation Process 10.0 Replacement of Contractor Staff 11.0 Cancellation of Award/Termination 12.0 Default 13.0 Legal Requirements 14.0 Federal and State Tax 15.0 Conflict of Interest 16.0 Insurance Requirements 17.0 Indemnification/Hold Harmless Agreement 18.0 Public Records Law 19.0 Permits and Licenses 20.0 Public Entity Crimes 21.0 Assignment of Contract and/or Payment 22.0 Agreement 23.0 Dispute 24.0 Disclaimer 25.0 Office of Economic Opportunity (OEO) Encouragement Page 4 of 28 RFP No. 09-19/LM, E-Rate Consulting Services ATTACHMENTS: A. Required Response Form Page 1 of 28 B. Cost Proposal Form Attachment B C. Office of Economic Opportunity Proposed Schedule of Participation Attachment C EXHIBITS: 1. Evaluation Worksheet 2. Composite Federal Forms Page 5 of 28 RFP No. 09-19/LM, E-Rate Consulting Services DUVAL COUNTY PUBLIC SCHOOLS RFP: E-RATE CONSULTING SERVICES RFP No. 09-19/LM 1.0 INTRODUCTION: 1.1 Purpose: The purpose and intent of this Request for Proposals (RFP) is to seek proposals from interested, available, and qualified firms to provide E-Rate Consulting Services. 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). 1.2 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 Districts 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. Charter schools are not a part of this contract. The administration of this Contract is a function of the Districts Technology Services Department. All post-award communications shall be directed to Director, Infrastructure. For more information about the District, please visit www.duvalschools.org on the internet. 2.0 DISTRICT OBJECTIVES/SCOPE OF SERVICES: 2.1 Objective: Duval County Public Schools (DCPS) is seeking qualified firms to provide E-Rate Consulting http://www.duvalschools.org/ Page 6 of 28 RFP No. 09-19/LM, E-Rate Consulting Services Services to evaluate, monitor and support the Districts E-Rate program, with the objective to maximize E-Rate discounts and reimbursements. 2.2 Scope of Services: The selected firm will evaluate, monitor and support the Districts E-Rate program, with the objective to maximize E-Rate discounts and reimbursements and minimize the management efforts required by the District. A. Comprehensive Services Provide E-Rate Consulting Services Provide comprehensive consulting services to support the Districts implementation of the Federal E-Rate program. Evaluate the Districts existing technology and telecommunications needs and operations through discussions and periodic on-site visits. As a result of the evaluations, make recommendations as to eligible services to maximize E-Rate discounts and reimbursements. Consult and advise the District with preparation of the Districts Technology Plan to ensure compliance with E-Rate requirements. Review and provide assistance with developing, monitoring, and evaluating Request for Proposals (RFP), competitive solicitations, or contract documents to ensure compliance with E-Rate requirements. Proactively communicate to the District upcoming deadlines and changes to E-Rate program requirements. Advise the District of options and alternatives that may be implemented so the District may be postured for the greatest value of discounts and reimbursements Advise of the status of District reviews and audits. On a monthly basis, provide electronic status reports that describe consultants activity performed on behalf of the District. Communicate urgent matters more frequently. B. Prepare and Submit Required E-Rate Documentation and support District relations with Universal Service Administrative Company (USAC): Compile, review with the District, and submit all of the documentation necessary and required throughout the E-Rate funding request application process. This includes, and is not limited to, the following: Form 470, Form 471, Item 21 attachments. Compile, review with the District, and submit all of the documentation required to respond to any USAC/SLD initiated audits or reviews including, and not limited to: PIA review, selective review, cost-effectiveness review, payment quality assessment, beneficiary and contributor audit program, invoicing review. Compile, review with the District, and submit E-Rate program appeals, as required. Compile, review with the District, and submit documentation required for discounts and reimbursements, including and not limited to: Form 486, Form 472 and applicable Billing Entity Applicant Reimbursement (BEAR) filing requirements. Page 7 of 28 RFP No. 09-19/LM, E-Rate Consulting Services C. Maintain and Provide Access to a Repository of District E-Rate Records Archive and make available electronically to the District all forms, letters (e.g. Funding Commitment Decision Letters (FCDL), and written communications between the USAC, consultant, and/or the District, related to the Districts implementation for the E-Rate program, in compliance with USAC regulations and Florida Public Record law. D. Additional Support At the District discretion, the District may request additional support from the awarded Consulting firm, and additional work may be performed under the awarded contract. For each requested task, the District shall request from the awarded Contractor a written quote which shall include a description of the scope of work, and deliverables. No work classified as additional support shall proceed without Districts approval for the work and associated costs. No price information is required to be submitted for this section. 2.3 Contract Term: The District shall select a Contractor to provide E-Rate Consulting services as herein described for the District commencing from July 1, 2019 through June 30, 2024 (subject, however, to the availability of lawfully appropriated funds for each District fiscal year). The Contract may thereafter be renewed for three (3) additional one (1) year periods, upon the consent and agreement of both parties. 2.4 Related Services: When DCPS requires related services that are not a part of the Scope of Services herein, DCPS may, at its sole discretion, elect to negotiate with the contractor to procure those services from the contractor in accordance with this contract or may elect to procure elsewhere. If DCPS elects to procure the service(s) from the Contractor, a separate purchase order or contract will be issued. 2.5 Minimum Qualifications: Proposer shall have a valid and current E-Rate Consulting Registration Number (CRN) and provide the number as part of the letter of transmittal. Proposer shall not be an agent of or act on behalf of an eligible E-Rate provider and shall state so in the letter of transmittal. 3.0 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 Page 8 of 28 RFP No. 09-19/LM, E-Rate Consulting Services 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 Districts 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). 4.0 PREPARATION AND SUBMISSION REQUIREMENTS: 4.1 Proposals not conforming to the instructions provided herein will be subject to disqualification at the sole option of the District. 4.2 All proposals must be received no later than 2:00 p.m. (EDT), on May 30th, 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, Suite 322, 1701 Prudential Drive, Jacksonville FL 32207. Any proposal received after the stated time and date or at other location will not be considered. 4.3 One manually signed original, one (1) photocopies of original, and six (6) copies on USB Flash Drive. (6 USB Flash Drives to be submitted) of the complete proposal must be sealed and clearly labeled "REQUEST FOR PROPOSAL: E-Rate Consulting Services" 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. 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 Proposer(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. https://urldefense.proofpoint.com/v2/url?u=http-3A__www.timeanddate.com_worldclock_results.html-3Fquery-3Djacksonville&d=DQMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=LK24Vt5YsbyRjurOMAuQ5yAEinvr8oN7T9yeMkZrCMo&m=speK1URP25MrTnirmFMtOJA7tppGm628odAFJvXaHxQ&s=KkoIsemYwyfhpbBk-p1An1l32uTVF5XzYeORB7hQldQ&e= Page 9 of 28 RFP No. 09-19/LM, E-Rate Consulting Services 4.4 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 May 17th, 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 Districts clarification via issued Addenda, instead of Proposers taking exceptions to any terms or conditions of this RFP within the submitted proposal. 4.5 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 Proposers 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). 5.0 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 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. 6.0 TIME SCHEDULE: The District will attempt to adhere to the following time schedule: May 3rd, 2019, RFP Release May 17th, 2019, at 4:00 p.m. (EDT) Deadline for Questions May 30th, 2019, at 2:00 p.m. (EDT) Proposal Opening June 4th, 2019, Committee Evaluation July, 2019 Board Award Inquiries regarding the status of a proposal must not be made prior to the posting of award recommendation. The District reserves the right to schedule Mandatory pre-proposal conference(s) as necessary mailto:mitchuml@duvalschools.org Page 10 of 28 RFP No. 09-19/LM, E-Rate Consulting Services to encourage competition and serve to advance the best interests of the District. 7.0 DISTRICTS RIGHTS AND RESERVATIONS: A. The District reserves the right to accept or reject any or all proposals. B. 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. C. 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. D. 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. E. 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 right to reject any and/or all items proposed. F. The District reserves the right to further negotiate any proposal, including price, with the highest rated 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. G. 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. 8.0 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 address ALL items and sub-items listed in this section may be considered nonresponsive. A. Form Of Proposal (Attachment A) Submit with all required information completed and all signatures as specified. No points are assigned to this required item. B. LETTER OF TRANSMITTAL: Include the following information in the transmittal letter: List the name(s) of each person who will be authorized to make representation for the proposer, their title, physical business address, telephone number and email address. Indicate if the proposer is a firm or an individual. Provide current and valid E-Rate CRN registered to the proposer. Confirm that the Proposer is not an agent of or does not act on behalf of an eligible E- Page 11 of 28 RFP No. 09-19/LM, E-Rate Consulting Services Rate service provider. C. EXPERIENCE AND REFERENCES: (35 points) Provide the following general information about your firm: 1. Proposer shall provide project descriptions that demonstrate in-depth working knowledge of the E-Rate program and policies, procedures, and documentation requirements. Experience with K-12 school districts with students populations in similar size and scope of Duval County Public schools. Projects shall have been supported in the past three (3) years. For each project description include: a. Client information: Organization, individual contact name, phone number, and email address, estimated number or schools, estimated number of students b. A detailed description of the project scope and specific tasks performed by the Consulting firm. c. Quantifiable details regarding the benefit of the services to the client, such as increased reimbursement, successful appeals, successful audit results, etc. d. Sample work products produced by the Consulting firm for similar projects (e. g. monthly reports, email communications, status updates, percentage of successful funding requests, etc.) e. List any contracts which have been terminated early or upon renewal within the past five (5) years. Explain the reason for early termination or non- renewal and include contact names, tittles, phone numbers and email addresses. D. ORGANIZATION AND KEY PERSONNEL: (15 points) Identify key personnel who shall be assigned to the District, including a primary point of contact. Describe the experience of key personnel and supporting team members that demonstrate their knowledge, skill, and ability to support the District in achieving the stated goals and delivering quality work products. Include professional biographies for proposed personnel. Provide an organizational chart and a plan for the replacement of management staff. E. FIRMS CAPABILITIES AND APPROACH TO SERVICES: (25 points) Provide a narrative that will describe the approach to be applied to fulfill the requirements of the contract scope. 1. Describe the approach to each task defined in the scope of services section. 2. Describe tools, techniques, knowledge, skills and abilities to be leveraged. 3. Describe measures of success for each task and deliverable. 4. Provide a draft project timeline that identifies the duration of each task and the resources to be assigned. F. PROGRAM COST: (25points) Complete and submit the Cost Proposal Form (Attachment B). Pricing shall be all inclusive to perform the requested services. G. OEO COMPLIANCE STATEMENT (Attachment C): Submit with all signatures as specified. This is a required submittal. No points are assigned to this required item. Page 12 of 28 RFP No. 09-19/LM, E-Rate Consulting Services 9.0 PROPOSAL EVALUATION PROCESS: Proposals are received and publicly opened. Only names of Proposers are read at this time. 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). 10.0 REPLACEMENT OF CONTACTOR STAFF: Replacement personnel must have, at a minimum, credentials equivalent to the individuals whom they replace. Resumes of replacement management personnel may be required to be submitted to the District for review. Page 13 of 28 RFP No. 09-19/LM, E-Rate Consulting Services 11.0 CANCELLATION OF AWARD/TERMINATION: 11.1 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 Districts 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. 11.2 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 Districts payments to the Contractor forms the consideration for the Districts termination for convenience not being available to Contractor. In the event of the Districts 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. 11.3 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. 11.4 FORCE MAJEURE: Whenever the Contractors 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 Districts 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 Districts objective will be a solution that is mutually beneficial. 11.5 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 28 RFP No. 09-19/LM, E-Rate Consulting Services 11.6 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 Districts 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. 12.0 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. 13.0 LEGAL REQUIREMENTS: 13.1 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. 13.2 The District is committed to a policy of providing equal job opportunities on public 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 Contractors performance under the Contract on account of a persons 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. 13.3 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 28 RFP No. 09-19/LM, E-Rate Consulting Services 13.4 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 / Contractors 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 13.5 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 license, registration, certification or other authorization. 13.6 Representations and Warranties. 13.6.1 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). 13.6.2 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. 13.6.3 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 13.6.4 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. 13.6.5 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 28 RFP No. 09-19/LM, E-Rate Consulting Services 13.7 Miscellaneous. The Contract to be awarded pursuant to this RFP shall be further governed by the following: 13.7.1 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. 13.7.2 The Contract shall not be construed more strongly against any party regardless of who was more responsible for its preparation. 13.7.3 Except for the provisions requiring Contractor to pay the Districts 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. 13.7.4 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 in full force and effect. 13.7.5 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. 13.7.6 The Contract may not be amended or supplemented in any way except in writing, dated and signed by authorized representatives of both parties. 13.7.7 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. 13.7.8 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. 13.7.9 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. 13.7.10 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 28 RFP No. 09-19/LM, E-Rate Consulting Services 13.7.11 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. 13.7.12 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. 13.7.13 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. 13.7.14 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 partys 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. 13.7.15 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 28 RFP No. 09-19/LM, E-Rate Consulting Services 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 Contractors respective subsidiaries or affiliates, has taken, is currently taking or will take any action in furtherance of an offer, payment, promise, gifts 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. 13.7.16 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. 13.7.17 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 applicable law. No payment shall be made for travel. Each payment obligation of the District created by the agreement is conditioned upon the availability of funds that are appropriated or allocated for the payment of services or products. If such funds are not allocated and available, the agreement 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. 14.0 FEDERAL AND STATE TAX: Employment taxes: The Contractor shall comply with all matters relating to the timely payment of all taxes (Federal, State and local) and payroll taxes, unemployment taxes or contributions or other Federal or State employment taxes. The Contractor shall indemnify, defend, and hold District harmless from any liability for any required tax responsibilities. Page 19 of 28 RFP No. 09-19/LM, E-Rate Consulting Services Tangible taxes: The District is exempt from Federal and State taxes for tangible personal property. The Contractors doing business with the District shall not exempt Contractor from paying sales tax to its suppliers for materials to fulfill contractual obligations with the District, nor shall Contractor be authorized to use the District's Tax Exemption Number in securing such materials. 15.0 CONFLICT OF INTEREST: 15.1 Pursuant to the Districts Policy, all proposers and Contractors are required to disclose the names of any of their officers, directors, agents, or employees who serve as agents or principals for the proposer or contractor in any capacity related to procurement of services under this RFP, and who within the last two (2) years, have been or are employees of the District. And all proposers and contractors are required to disclose the name of any District employee who owns, directly or indirectly, any interest in the Contractors business. Such disclosures will be in accordance with current District policies, but will include, at a minimum, the name of the former Districts employee, a list of the positions the employee held in the last two (2) years of his or her employment with the District, and the dates they held those positions. By its signature of the Agreement, the Contractor shall certify to the District that there are no names to disclose to the District pursuant to this section, unless Contractor provided the names when Contractor Submitted its response to the RFP. 15.2 Non-Collusion Statement / Public Domain I, the Proposer, attests that I have not divulged, discussed, or compared this proposal with any other Proposers and have not colluded with any other Proposers in the preparation of this proposal in order to gain an unfair advantage in the award of this proposal. All information contained herein is part of the public domain as defined in the Public Records Act, Chapter 119, Florida Statutes. 16.0 INSURANCE REQUIREMENTS: A. Without limiting any of the other obligations or liabilities of the vendor/contractor, the vendor/contractor shall, at its sole expense, procure, maintain and keep in force the amounts and types of insurance conforming to the minimum requirements set forth herein. Except as may be otherwise expressly specified in this Exhibit, the insurance shall commence at or prior to the execution of this Agreement by the District and shall be maintained in force throughout the term of this Agreement. 1. Workers Compensation/Employers Liability: The Workers Compensation and Employers Liability insurance provided by the vendor/contractor shall conform to the requirements set forth herein. a. The vendor/contractor insurance, or self-insurance, shall cover the vendor/contractor (and to the extent its Subcontractors and Sub- subcontractors are not otherwise insured, its Subcontractors and Sub- subcontractors) for those sources of liability which would be covered by the latest edition of the standard Workers Compensation policy, as filed for use in the State of Florida by the National Council on Compensation Insurance (NCCI), without any restrictive endorsements other than the Page 20 of 28 RFP No. 09-19/LM, E-Rate Consulting Services Florida Employers Liability Coverage Endorsement (NCCI Form WC 09 03), those which are required by the State of Florida, or any restrictive NCCI endorsements which, under an NCCI filing, must be attached to the policy (i.e., mandatory endorsements). In addition to coverage for the Florida Workers Compensation Act, where appropriate, coverage shall be included for the Federal Employers Liability Act and any other applicable federal or state law. b. The policy must be endorsed to waive, or for self-insurance the Contractor hereby agrees to waive, the insurers right to subrogate against the District, and its members, officials, officers and employees in the manner which would result from the attachment of the NCCI Waiver of Our Right to Recover from Others Endorsement (Advisory Form WC 00 03 13) with the District, and its members, officials, officers and employees scheduled thereon. c. Subject to the restrictions of coverage found in the standard Workers Compensation policy, there shall be no maximum limit on the amount of coverage for liability imposed by the Florida Workers Compensation Act or any other coverage customarily insured under Part One of the standard Workers Compensation policy. The minimum amount of coverage for those coverages customarily insured under Part Two of the standard Workers Compensation policy (inclusive of any amounts provided by an umbrella or excess policy) shall not be less than: $1,000,000 Each Accident $1,000,000 Disease - Each Employee $1,000,000 Disease - Policy Limit d. The vendor/contractor may be relived of providing Workers Compensation coverage provided an exemption form is submitted from the State of Florida Division of Workers Compensation stating the vendor/contractor is exempt from the insurance requirement under F.S. 440. 2. Commercial General Liability. The Commercial General Liability insurance provided by the vendor/contractor shall conform to the requirements hereinafter set forth: a. The vendor/contractors insurance shall cover those sources of liability which would be covered by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida by the Insurance Services Office (ISO) without any restrictive endorsements other than those which are required by the State of Florida, or those which, under an ISO filing, must be attached to the policy (i.e., mandatory endorsements) and those described below which would apply to the Services contemplated under this Agreement. Page 21 of 28 RFP No. 09-19/LM, E-Rate Consulting Services 1) The coverage may not include restrictive endorsements which exclude coverage for liability arising out of: Sexual molestation, Sexual abuse or Sexual misconduct. 2) The coverage may include restrictive endorsements which exclude coverage for liability arising out of: Mold, fungus, or bacteria Terrorism Silica, asbestos or lead. b. The minimum limits to be maintained by the vendor/contractor (inclusive of any amounts provided by an umbrella or excess policy) shall not be less than: $1,000,000 General Aggregate $1,000,000 Products/Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence c. The vendor/contractor shall include the School Board of Duval County, Florida, and its members, officials, officers and employees as additional insureds on the Commercial General Liability coverage. The coverage afforded such additional insureds shall be no more restrictive than that which would be afforded by adding the School Board of Duval County, Florida, and its members, officials, officers and employees as additional insureds on the latest edition of the Additional Insured Owners, Lessees or Contractors - Scheduled Person or Organization endorsement (ISO Form CG 20 10) filed for use in the State of Florida by the Insurance Services Office. d. The vendor/contractor shall pay on behalf of the School Board of Duval County, Florida, or its member, official, officer or employee any such deductible or self-insured retention applicable to a claim against the School Board of Duval County, Florida, or its member, official, officer or employee for which the School Board of Duval County, Florida or its member, official, officer or employee is insured as an additional insured. 3. Business Auto Liability. The automobile liability insurance provided by the vendor/contractor shall conform to the requirements hereinafter set forth: a. The vendor/contractors insurance shall cover the vendor/contractor for those sources of liability which would be covered by Section II of the latest occurrence edition of the standard Business Auto Coverage Form (ISO Form CA 00 01) as filed for use in the State of Florida by ISO without any restrictive endorsements other than those which are required by the State of Florida, or those which, under an ISO filing, must be attached to the policy (i.e., mandatory endorsements). Coverage shall include all owned, non-owned and hired autos used in connection with this Agreement. b. The School Board of Duval County, Florida, and its members, officials, officers and employees shall be included as additional insureds in a Page 22 of 28 RFP No. 09-19/LM, E-Rate Consulting Services manner no more restrictive than that which would be afforded by designating the School Board of Duval County, Florida, and its members, officials, officers and employees as additional insureds on the latest edition of the ISO Designated Insured (ISO Form CA 20 48) endorsement. c. The minimum limits to be maintained by the vendor/contractor (inclusive of any amounts provided by an umbrella or excess policy) shall not be less than: $1,000,000 Each Occurrence - Bodily Injury and Property Damage Combined B. EVIDENCE OF INSURANCE. Except as may be otherwise expressly specified in this Exhibit, the insurance shall commence at or prior to the execution of this Agreement by the District and shall be maintained in force throughout the term of this Agreement. The vendor/contractor shall provide evidence of such insurance in the following manner: 1. As evidence of compliance with the required Workers Compensation and Employers Liability, Commercial General Liability, Business Auto Liability, and Professional Liability, the vendor/contractor shall furnish the District with a fully completed satisfactory Certificate of Insurance such as a standard ACORD Certificate of Liability Insurance (ACORD Form 25) or other evidence satisfactory to the District, signed by an authorized representative of the insurer(s) providing the coverage. The Certificate of Insurance, or other evidence, shall verify that Workers Compensation/Employers Liability contains a waiver of subrogation in favor of the School Board of Duval County, Florida, identify this Agreement, and provide that the underwriter shall endeavor that the District shall be given no less than thirty (30) days written notice prior to cancellation. 2. As evidence of the required Additional Insured status for the District on the Commercial General Liability insurance, the vendor/contractor shall furnish the District with: a. A fully completed satisfactory Certificate of Insurance, and a copy of the actual additional insured endorsement as issued on the policy, signed by an authorized representative of the insurer(s) verifying inclusion of the School Board of Duval County, Florida and its members, officials, officers and employees as Additional Insureds in the Commercial General Liability coverage. b. An original copy of the policy (or policies) upon reasonable request by the District. 3. Until such time as the insurance is no longer required to be maintained by the vendor/contractor as set forth in this Agreement, the vendor/contractor shall provide the District with renewal or replacement evidence of the insurance in the manner heretofore described no less than thirty (30) days before the expiration or termination of the insurance for which previous evidence of insurance has been provided. Page 23 of 28 RFP No. 09-19/LM, E-Rate Consulting Services 4. Notwithstanding the prior submission of a Certificate of Insurance, copy of endorsement, or other evidence initially acceptable to the District, if requested by District, the vendor/contractor shall, within thirty (30) days after receipt of a written request from the District, provide the District with a certified copy or certified copies of the policy or policies providing the coverage required by this Section. The vendor/contractor may redact or omit those provisions of the policy or policies which are not relevant to the insurance required under this Agreement. C. INSURERS QUALIFICATIONS/REQUIREMENTS: 1. Insurers providing the insurance required by this Agreement for the vendor/contractor must either be: a. Authorized by a subsisting certificate of authority issued by the State of Florida to transact insurance in the State of Florida, or b. An eligible surplus lines insurer under Florida Statutes. (Except with respect to coverage for the liability imposed by the Florida Workers Compensation Act). 2. In addition, each such insurer shall have and maintain throughout the period for which coverage is required, a Bests Rating of A- or better and a Financial Size Category of VII or better according to A. M. Best Company. 3. If, during the period when an insurer is providing the insurance required by this Agreement, an insurer shall fail to comply with the foregoing minimum requirements, as soon as the vendor/contractor has knowledge of any such failure; the vendor/contractor shall immediately notify the District and immediately replace the insurance provided by the insurer with an insurer meeting these requirements. Until the vendor/contractor has replaced the unacceptable insurer with an insurer acceptable to the District, the vendor/contractor shall be in default of this Agreement. 4. Primary and Non-Contributory. The insurance provided by the vendor/contractor pursuant to this Agreement shall apply on a primary basis to, and shall not require contribution from, any other insurance or self-insurance maintained by the School Board of Duval County, Florida, and its member, official, officer or employee. 5. Additional Remedy. Compliance with the insurance requirements of this Agreement shall not limit the liability of the, vendor/contractor or its Subcontractors or Sub-subcontractors, employees or agents to the District or others. Any remedy provided to the School Board of Duval County, Florida, or its members, officials, officers or employees by the insurance shall be in addition to and not in lieu of any other remedy available under this Agreement or otherwise. D. District Approval: Neither approval by the District nor failure to disapprove the insurance furnished by the vendor/contractor shall relieve the vendor/contractor of the Page 24 of 28 RFP No. 09-19/LM, E-Rate Consulting Services vendor/contractors full responsibility to provide the insurance as required by this agreement. 17.0 INDEMNIFICATION / HOLD HARMLESS AGREEMENT: 17.1 The Contractor shall, in addition to any other obligation to indemnify the School Board of Duval County, Florida, and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the District, its agents, officers, elected officials, employees and volunteers from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any actual or alleged bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting from, or any other damage or loss arising out of, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractor, subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the work; or violation of law, statute, ordinance, governmental administration order, rule or regulation by the Contractor in the performance of the work; or liens, claims or actions made by the Contractor or any subcontractor or other party performing the work. 17.2 Contractor represents that it has all intellectual property rights necessary to enter into and perform its obligations in the Agreement. Contractor will indemnify and hold harmless the District from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, service marked, trademarked, patented or unpatented invention, process, article or work manufactured or used in the performance of the Agreement, including its use by the District. If contractor uses any design, device, materials or works covered by letters, service mark, trademark, patent, copyright or any other intellectual property right, it is mutually agreed and understood without exception that the proposal prices will include all royalties or costs arising from the use of such design, device or materials in any way involved in the work. Contractor shall defend, indemnify and hold the District and its successors and assigns harmless from and against all third-party claims, suits and proceedings and any and all damages, liabilities, costs and expenses (including reasonable attorneys fees and court costs) incurred as a result of (i) infringement by Contractor of any third-party patent, copyright or trademark of (ii) misappropriation by Contractor of any third-party trade secret in connection with any of the foregoing. 17.3 The indemnification obligations hereunder shall not be limited to any extent on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' compensation acts, disability benefit acts, other employee benefit acts or any statutory bar. 17.4 Except as may otherwise be expressly set forth herein, each party shall be responsible to pay its own attorney's fees (including paralegal and any other fees) and all costs arising from disputes under the contract. 17.5 The Contractor recognizes the broad nature of this indemnification and hold harmless article, and voluntarily makes this covenant and expressly acknowledges the receipt of TEN DOLLARS ($10.00) payable upon receipt of first invoice and other good and valuable consideration provided by the District in support of this indemnification in accordance with the laws of the State of Florida. 17.6 This article will survive the termination of the Contract. Page 25 of 28 RFP No. 09-19/LM, E-Rate Consulting Services 18.0 PUBLIC RECORDS LAW: Pursuant to Florida Statutes Chapter 119, responses received as a result of this RFP shall not become public record until thirty (30) days after the date of opening or until posting of a recommendation for award, whichever occurs first. Thereafter, all documents or other materials submitted by all Respondents in response to this offering shall be open for inspection by any person and in accordance with Chapter 119, Florida Statutes, unless otherwise exempt under Florida law. It shall be the sole responsibility of the awarded Contractor to comply with all requirements of Chapter 119 regarding public records (whether documents, notes, letters, emails, or other records) received or generated in relationship to the Agreement awarded by the District. The Agreement shall be subject to Floridas Public Records Laws, Chapter 119, Florida Statutes. Contractor understands the broad nature of these laws and agrees to comply with Floridas public records laws and laws relating to records retention. In compliance with section 119.0701, Florida Statutes, Contractor agrees to: A. Keep and maintain public records required by the District in order to perform the service. B. Upon request from the Districts custodian of public records, provide the District with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in the Chapter 119, Florida Statues or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Contractor does not transfer the records to the District. D. Upon completion of the Agreement, transfer, at no cost, to the District all public records in possession of Contractor or keep and maintain public records required by the District to perform the service. If Contractor transfers all public records to the District upon completion of the Agreement, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the Agreement, Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the District, upon request of the Districts custodian of public records, in a format that is compatible with the information technology systems of the District. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTORS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS (THE DISTRICTS CONTRACT ADMINISTRATOR) AT THE ADDRESS AND PHONE NUMBER TO BE PROVIDED PURSUANT TO SECTION 13.7.14 ABOVE. Page 26 of 28 RFP No. 09-19/LM, E-Rate Consulting Services To the extent a proposer asserts any portion of its proposal is exempt or confidential from disclosure under Florida's public records, the burden shall be on the proposer to obtain a protective order from a jurisdictional court protecting such information from disclosure under Florida's public records laws and also timely provide a certified copy of such protective order to the District prior to the District's release of such information into the public domain. It is not contemplated that any portion of a Proposal will be exempt or confidential from disclosure pursuant to Chapter 119, Florida Statutes. 19.0 PERMITS AND LICENSES: The Contractor shall be responsible for obtaining any necessary permits and licenses and shall comply with laws, rules, and regulations whether State or Federal and with all local codes and ordinances without additional cost to the District. Some examples may include but are not limited to: Florida incorporation requirements; business licensing at the State level as well as the City of Jacksonville (Duval County); EPA hazardous material management certification requirements for facilities; vehicle registration and licensing. 20.0 PUBLIC ENTITY CRIMES: 20.1 A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid/proposal on a contract to provide any goods or services to a public entity, may not submit a bid/proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids/Proposals on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 20.2 The Proposer certifies by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. The Contractor will execute and deliver to the District the appropriate federal debarment certification form within three (3) business days of the award of the Contract. 21.0 ASSIGNMENT OF CONTRACT AND/OR PAYMENT: 21.1 The Contract or agreement is personal to the parties herein and may not be assigned, in whole, or by merger or reorganization by the Contractor without prior written consent of the District in its sole discretion which shall not be unreasonably withheld. The Contractor agrees and represents that all of the Services required hereunder shall be performed by the Contractor as identified in the Proposal, or its subsidiaries, affiliates, or designees. Notwithstanding the above, should the Contractor desire to delete, add, or amend any subcontractors or engage additional companies as subcontractors then the Contractor shall ensure that each subcontractor complies with all provisions of the agreement, and notwithstanding anything to the contrary, the Contractor shall remain liable for the acts and omission of such subcontractor(s) and the proper performance and delivery of the Services. Page 27 of 28 RFP No. 09-19/LM, E-Rate Consulting Services 21.2 The Contractor herein shall not assign payments under the Contract or agreement without the prior written consent of the District. 22.0 AGREEMENT: A contract, which shall include the terms and conditions set forth in this RFP, may be released, after award, for any work to be performed as a result of this RFP. This document, the proposal, negotiated terms, agreement if applicable, and any other relevant documents will constitute the complete agreement between the Contractor and the District. 23.0 DISPUTE: A. Any Proposer who is aggrieved in connection with the solicitation or award of a contract may file a protest and shall deliver its written notice of protest to the Chief Officer, Operations Support (formerly known as Associate Superintendent of Business Services), or designee (hereinafter Hearing Officer) immediately, but no later than two (2) working days after RFP opening or after recommendation of award [or as set forth in paragraph 9 infra, which will initiate the 48-hour notice requirement. The written protest with documentation shall be delivered to the Hearing Officer no later than 2 p.m. (EDT) on the fourth (4th) calendar day immediately following the RFP opening or receipt of notice of intent to award recommendation as is appropriate. If that day is a School Board non-workday, the protest shall be delivered no later than 9 a.m. (EDT) on the next District work day. Protests shall be presented with specificity, and every issue shall be fully documented. B. The legal basis for any relief sought must be clearly identified and explained in the written notice of protest. C. The Hearing Officer shall call a meeting and hear all protests and receive all evidence within a reasonable time. This does not preclude the Hearing Officer from calling a special meeting or granting a continuance under extraordinary circumstances. D. All Proposers shall receive notice of any protest hearing and a copy of the protest document. Attachments shall be available upon request. E. The Florida Rules of Civil Procedure may be relaxed at the sole discretion of the Hearing Officer presiding at any protest hearing. F. The Hearing Officer shall issue his/her decision on or before five (5) working days of the completion of the protest hearing. G. The Hearing Officers decision shall result in a final order which may include findings and conclusions. The decision of the Hearing Officer shall be final. H. The District does not encourage the use of faxes to accomplish delivery of the notice of Page 28 of 28 RFP No. 09-19/LM, E-Rate Consulting Services protest and the protest itself. Any Proposers utilizing delivery by fax shall assume the risk associated with incomplete delivery or non-receipt. I. Any protest specification objection shall be generally treated as set forth in paragraph 1 supra. The operative date for the notice requirement shall be the date the specifications were obtained by the proposer but no later than 10 days prior to the date of bid opening or proposal due date. 24.0 DISCLAIMER: Except as expressly set forth in this RFP, all figures presented herein (i.e. square footage, times, rates, and quantities) are for evaluative purposes only and are not deemed to be a direction to Proposers, nor a representation/warranty by the District. 25.0 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 OEO 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 is no activity to report for the quarter, the Company shall submit a Good Faith Efforts Statement. ATTACHMENT B Page 1 of 1 RFP No. 09-19/LM E-Rate Consulting Services COST PROPOSAL FORM Item # Item Price 1 Firm fixed fee for year 1 annual support $ 2 Firm fixed fee for year 2 annual support $ 3 Firm fixed fee for year 3 annual support $ 4 Firm fixed fee for year 4 annual support $ 5 Firm fixed fee for year 5 annual support $ 6 Hourly Consultant Rate $ 7 Total Proposed Firm fixed fee for 5 years $ Additional information may be attached to support the proposed pricing. Printed Name: Signature of authorized consultant representative: Date: ATTACHMENT C Page 1 of 1 RFP No. 09-19/LM, E-Rate Consulting Services OFFICE OF ECONOMIC OPPORTUNITY PROPOSED SCHEDULE OF PARTICIPATION NOTICE OF NONDISCRIMINATION The Duval County Public Schools (DCPS) encourages a maximum participation of Small and Minority/Women Business Enterprises in its contract awards, based upon availability. The Board ensures that Duval County Public Schools and private companies doing business with the DCPS do not discriminate in the awarding of DCPS contracts for construction, procurement of goods and services and professional services on the basis of race, color, sex, or national origin. SMALL BUSINESS ENTERPRISE PROGRAM AND THE MINORITY/WOMEN BUSINESS PROGRAM It is the policy of the Duval County Public Schools, as defined in subchapter 7.72 of the Duval County School Board policy, to ensure the equitable participation of Small Business Enterprises (SBEs) and Minority/Women Business Enterprises (M/WBEs), in providing services to the Board under this contract. This contract will be administered under the ENCOURAGEMENT METHOD; in this regard, the proposer shall take all necessary and reasonable steps to ensure that certified SBEs and M/WBEs have an equitable opportunity to compete and perform on this contract. Only firms certified by DCPSs Office of Economic Opportunity (OEO) may be counted towards the proposer's goal achievement. For a listing of certified SBEs and M/WBEs, proposers may contact: Duval County Public Schools, Office of Economic Opportunity at (904) 858-4860 or visit www.duvalschools.org/oeo Please be advised that the awarded contractor will be responsible for submitting a quarterly OEO utilization report or a quarterly Good Faith Efforts statement to the Office of Economic Opportunity. I declare that I have read the forgoing conditions, and instructions as revealed in the OEO requirements, and will comply herein. Name of Firm: Signature: Title: Print Name: Date: Program Contact: Phone: E-Mail: Submit this form with your proposal. http://www.duvalschools.org/oeo E-RATE CONSULTING SERVICES RFP MEMBER EVALUATION WORKSHEET Page 1 of 1 Exhibit 1 RFP No. 09-19/LM, E-Rate Consulting Services Committee Member Printed Name and Signature Date RESPONDENT Evaluation Criteria Reference to Proposal Evaluation Criteria Comments Total Points A. Experiences and References Provide your assessment of the proposers response to the following evaluation criterion elements: All criterion elements as described in Section 8.0 C. of the RFP (Total points 35) General Guidelines 35 = Far Exceeds 28.5 = Exceeds 21.5 = Meets 10 = Unacceptable 0 = Not Provided B. Organization and Key Personnel: Provide your assessment of the proposers response to the following evaluation criterion elements: All criterion elements as described in Section 8.0 D. of the RFP (Total points 15) General Guidelines 15 = Far Exceeds 12.5 = Exceeds 9 = Meets 5 = Unacceptable 0 = Not Provided C. Firms Capabilities and Approach To Services Provide your assessment of the proposers response to the following evaluation criterion elements: All criterion elements as described in Section 8.0 E. of the RFP (Total points 25) General Guidelines 25 = Far Exceeds 20.5 = Exceeds 18 = Meets 7.5 = Unacceptable 0 = Not Provided D. Program Costs As submitted on Cost of Services Attachment B (Total points 25) General Guidelines 25 = Far Exceeds 20.5 = Exceeds 18 = Meets 7.5 = Unacceptable 0 = Not Provided EXHIBIT 2 COMPOSITE FEDERAL FORMS Page 1 of 5 RFP No. 09-19/LM, E-Rate Consulting Services 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 Contractors books, documents, papers and records which are directly pertinent to 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 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. 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: PRINT NAME OF AUTHORIZED REPRESENTATIVE: SIGNATURE OF AUTHORIZED REPRESENTATIVE: TITLE: EXHIBIT 2 COMPOSITE FEDERAL FORMS Page 2 of 5 RFP No. 09-19/LM, E-Rate Consulting Services DRUG FREE WORKPLACE CERTIFICATION I hereby swear or affirm that this company has established a drug-free workplace program by completing the following requirements: 1) Published a statement notifying employees that the unlawful manufacture, distribution, dispensing