Maintenance Agreement (Annual Licenses) for Support of District’s Extreme Network Electronics

Dr. Diana L. Greene, Superintendent of Schools EVERY SCHOOL. EVERY CLASSROOM. EVERY STUDENT. EVERY DAY. Duval County Public Schools www.duvalschools.org Purchasing Services PH: (904) 858-4848 1701 Prudential Drive, Suite 322 FAX: (904)858-4868 Jacksonville, FL 32207 July 13, 2023 Step C G, LLC Danny Poindexter 50 E. Rivercenter Blvd., #900 Covington, KY 41011 RE: RFP No. 04-22/LM, Maintenance Agreement and Licenses for Support of District’s Extreme Network Electronics Superintendent of Duval County Public Schools approved the first renewal and Agreement of RFP No. 04-22/LM, Maintenance Agreement and Licenses for Support of District’s Extreme Network Electronics. The term of this renewal is from October 1, 2023 through September 30, 2024. If you have not already done so, in accordance with Section 16 of the RFP (Insurance Requirements) please forward an updated copy of your insurance certificate. If you have any

ment aud Performance of Wotk T~e District engages Contractor to ptovide +nnual licensing and maintenanc~ supportto the Distri?fs Extreme Network Electronics. Except a~ otherwise stated in thfa Agreement, the parties shall !perform under this Agreement in accordadce with the terms and c011ditions o:f REP No, 04-2~/LM, inchtdiI1g any all addenda, Conttact~rs proposal, and at1y additio1ial tenns conv;tined with~A this Agreement. I j l 3( Compensation. The District shall pay Contrac~or in accordance with composite Exhibit ~, qo11sisti11g of the otiginal Cost Propos,d Fortn (s~e Attach111ent B to Contractor's ptoposal) and Revised Cost Proposal Form (see Agdenqum N). l), fot a total annual maximum indebte~ess of $2,480~394.85 {atnount to be offset by e-Rate f\lhdi11g). : . 1 : 4) Teri11. The term ofthisAgi:eementshaU be fro1hJuly 1,,2022 thtough September 3~, 2023; unless sooner terminated fo 1:tccordance With the tern)s of the RFP. There are for ( 4) pbtentiall (1) one year r~newals (for a total of 5 yeats), with delegated authority to the Superint411dent to e1\ecute saidrertewals upon form approval bylth1 Ofrice of General Counsel. 5 ./ Notices. All rtoJices under this Agreementshall lje in writing and shall be delivered by certifiFd ma,il, return receipt requested~ or by other delivery *ithreceipt to the following: 1 A~ to District: T~e School Board of Duval Cotu1ty, Flodda 1 1701 Prudential Drive Jacksonville, Florida 32207 Attn: Dr. Diana Greene and to: Office of General Counsel c/o 1701 Prudential Drive Room340 Jacksonville, Florida 32207 As to Contractor: Step CG, LLC 50 E. RiverCenter Blvd. #900 Covington, KY 41011 6. Authority. Contractor represents and warrants to the District that Contractor has full right and authority to execute and perform its obligations under this Agreement, and Contractor and the person( s) signing this Agreement on Contractor's behalf represent and warrant to the Board that such person(s) are duly authorized to execute this Agreement on Contractor's behalf without further consent or approval by anyone. Contractor shall deliver to the District promptly upon request all documents reasonably requested by the District to evidence such authority. 7. Indemnification for Copyright Infringement. 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 or (ii) misappropriation by Contractor of any third-party trade secret in connection with any of the foregoing. 8. Intellectual Property Rights - Use. 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. 2 i f. Entire Agreement. Thi~ Jj.~tnentconstij the entire agreement between the parties ~ereto fot the schoolhealth aide work to be perfo11ne4 and fm11ished by Conttactor. No sitatemef t, representation, writing, w1d:tstandi11g, agreemeni, course. of action or course of conduct} made by either party or any representative of either pp.tty, which is not expressed herein shalt be [binding. Contraclor may not unilaterally modify the t4ttns of this Agreement by affod11g addition~l terms to materials delivered to the Pifitrict (e.g., ''shrink wrap'' te11ns accompanying or affixed to a deliverable) or by inclu,ding such ten:ns on. a pur4hase order or payment document. Gontrac~or acknowledges that it is entering hltO this Agreeinel).t for its 0,11 purposes and not for the benelflt of any third party. 1 I . !. . .. . . I I . ~O. Amen~ments; AH ch~ges to, additio:1~to,mo1ificatio11s ot: ~ra~1endmentto t~s Agreem~nt; or any of th.e tenns, prov1s1ons and conditions. her~of,. shall be bmdmg only when m writing 4Dd. signed by the a1.1thotized officer; age11t 01 reptesentadve of each of the p~ies to this Agreein~'.nt. I j 1 L . Tra~elExpens~s. T?eDistrictwiU not be teslfnsible for any travel expei1ses or other co , ts notspecrfically set forth m the Agreement.. ; ' ! . . ; : .... 1~ .. . Confidentiality of Student Records'. ContractJtupdetstands and agrees that itis .sqbject tp all federal anct $tate laws and bistrictl'ules relatini to the confidentiality of student infonnat{o11. Contractor further agrees to c.0111ply with the Famif y fducatio~ial Rights .and ~rivacy Act ("FE;RPA") 34 C.F.R. 99. Contractor sbalhegard aU studentinforinat10n as confidential and will not qisclose the student information to an.y third party. ' I 13. Governing Law/ Venue/ Attorneys Fees. Thi~ Agreement sh.all be construed in accordanpe with the Jaws of the State of.Florit:la, Any dispute ;with respect to this Agreement is subject tq the laws f Florida, veime in DuvaLConty .. Each party shall be responsible forits owrt attorneys( fees and costs incutted as a result of any action w prqce!;':d.ing der this Agreement. j . . 14. No Third Party Beneficiaries. The parties expressly acknowledge that it is not their inte~itto create or confet'anyTights qr obligatip1:1s in or '4pdn any third person or entity under this Agrej:n:iwnt. Nothing .heteirt shall be. construed as consentby\anagency or political subdivision of the S~te of Florida,fo be sued ,by thit:d parties fo any matter arising out of atty contract. ! 1 i 1 ~- Sovereign Imiliunity~ B:x9ept as otherwise proyided by Florida Law, neither the ex:ecutiotj ()f this Agteentent by the Districtriot: a11y otlJ:et conduct, action orinaction of any Di std ct represent~tive rek~ting to the Agreeme1it is a. waiver of sovereigt):immunity by the District. i .. ' 16. Subcontractors. lf.Conttactor is :r,ettnitted to subcontract any of the work set forth in the Agt:eement, Contractor shall ensure that each subcontract4r complies with all provisions of the Agredm:ent. Contractor wiH remain liable for the acts ~1d 0111issio11s of such subcontractor(s) and the pioperper(ormance artd delivery of the products ~nd/ot s4rvices setfo1th in the Agreement. '.. . . 1 17,. Survivorship. Those provisions which by their nature are inte11ded to survive the expiratioi1, cancellation or tetmination ofthe Agreement, inclu.d,ng, by way of example only, the 3 Indenm fication and Confidentiality provisions, shall surviye the expiration, cancellation or terminatior\ of the Agreement : I ! . f 8 ... No Gifts or ~ontingentFees. Iti~the policYj of the District to not accept gifts, &ratu1t1qs, or favors of any kmd or of any valu.e 'whatsoever ftp1n vendors, members of the staff, orfamUf es. Contractor \Vatrants :hcit it hcis not employed or re9-ined ~~y company or person, other than a bp_na fide emp~oyee workmg solely for the C9ntractor, fo sohc1t o~ sec:1fe. t~e Ag~eement, and thati 1t has not paid or agreed to pay any personi company, corpcm1twn, 1rtd1v1dual for firm, other t~an a. bona fide en1ploy~e w~fkitig s~lely for the. fontr~cto:, a;ny tee, commissi?n, percent~ge, gift, or any other constderation, contmgent upon or tesultmg from the award or makmg of the A~reernent. Contractor further warrants that it, nor any ~fits directors, employees, officers or agent?, nor any ofContractor'srespectivesu.bsidiarie:s orafifJiates, has taken, is currently taking orwill~keany action in fmiherauce ofanoffer, payment, pro~is-e, gifts or anything else of value, dfrectly 1or indirectly, to anyone to improperly influence ot otherwise secure any improper advanta~e in procuring bu~inessin relation to the Agreement! For the breach or violation of these pr~visions, the Disnict shall have the :right to terminat~ the Agreement without liability and/or,* its discretion, to deduct.from the price, or otherwiser~cover, the full amount of such fee, commist'ion, percentage, giftot consideration. I 19. No Waiver. The fallur ofeithef!:ia\'ty to enforle any provision of the Agreement will not , onstitute a waiver of future enforce~nent of that or any other provisions. l . ' I . . . .. . . 2)0. Order of Priority. In the event ofan,y conflict arnong the contract documents, the orde~ of priority of the On:tractdocuments ls setfbrth inSeption 13.7,16 of the RFP. . I 2:0. FacsimUe and Scanned Signatures .. This Agreement inay be executed inone or i . , . . . . J .. . .. . mote copntetpatts and via facsimile signature, the coxmterpm'ts and facsitniles of which, when taken toiether, ~hall be dee111ed to constitute a11 entire and original Agreement. I i 1 IN WITryBsS WHE OF the un,dersigned have exeMted this Agreement as noted below. r. Di(t a Greene, tiperirttendent o.f S. c .. l.t'oo .. ls..a .. n. d Ex-Officio Secretaty to the Board For111 Ap.roved: By:~ Offic 1 of General Counsel THE SCJIOOLJJOARD OF DUVAL COUNTY, FLORIDA By: ')~.L-4.. Datti1ifiC:aHiiirn1an Approved by Boar on January 10, 2022 4 [Remai der ofSignatut({page o/2022~2023 Agreement .Between School Board of Duval County, ; . . . . F'lol'ida and Step CG; LLC) 5 EXHIBIT A ATTACHMENT B Cost Proposal Form /i(Jftll(I llltlfJU\iU c..,l!hw Iii:!, . . . . . . . . . . . . . Tl1t'f f13J101ninrt E:\'iU (;\\I ,R~l'lfJ\IJO . .--+'---~-----~----'----'-, ,-c--c-'=...----~-...,,..-,,==-=---,-----------~- . E:~$_4U~LGIS;IJ;'rn~ ~0~A1=1v.:~u ; Ai;~~k!! ""i'?--!illl5$X.t-,i)!.~tl(l~:i . . . I F(; #}:JA,:lfi,Ff \/di, 726>\XOQ f'W AC P$U r1f'CCti,;.:1~1:--. -,.--=,:-i,;-,;;-:r~_,.:i,..;;."'1r"',L"';--- t-+--------'-----------,,,,--..,..,. i2!1,1l(H) 1'2:1. ,l!,('i Pi!);J tlO i;t; ,;:;~l,i'F F.t:1?,,'.)"'91':,P.F !. t--+-----------------J,-,,,,. -M iloiti!.X~QSM l!MliUtJ Sf'f'i2:14Wi:1ii~P i ~.(';;\#1,(lll!,,!,f; ~ .. ~ ' . . . 841f4r.il:l 2'f FORi tOOlh'iG Sl'P i ~'l'l~i-i:6 uq~4Gr 2L .,~, 1v,i,111JM(l(& .l;o I P(~13U,l'I\ tNrl-ic c1tl'S ~ swrs i NJ l's Ho re 1a-R~ra vsp i'tl>4XIQ Fl'1- NJ P~J W:) Flt ' I E~tJS:1-s2il..;v.;:,F' !17ilf.t;11:1f~11 .. . ~ .. ., ... .,,._,~ .. ,. ------- .(t'.l~CO-H2>11~t . ,Jl'f,I.{ IFllCQ,Hl;Alr.4 f'il~'i>.1 nFP Ni>: !1,1,P~n /~tpll;/1,in;ii! A,.rti~fil (f'ilriill Ll~nt~i] !'Q,'Sop,ort Qt IJ1,1J,;t~ r;m,;1 'l\1(\\\>r> C:fi,;~lri,,i~ E-0 ' 6i!SQESM Hl~:JtCG SPP.b41A) 0$,-f' ll(;WW.llJf:,EG , iiO if:~()9JJ~) $10;499.50 e~~4(l$ 24POJi;:-,tc.+Ai1GSJ"i' iit:~,Ui'.>'f~ ~O(i s:89,64 $i 7,92l.()t} ., i, .. , ... --,-----,-,-----'--~--,-+----------,-,----rlf--,.....,..--,--f-'-------.....,-- lf4?4GT;!4P:)l,T 111'w1oow10 w ECc,!04130-e& .aoJ $89.EM $i 7,9:Ul.00 .,,,...,., ~ ..... ...,-,.,_.,,,_.,,....i...,,._,.,P""'""" ,,,.,,;,>~,-,..,, 1,1~l\lCCH'S4Gl.!.:nst,0.-0l'fHNP:Ji;.",.i\ll:, Et9'!00ii.Qi-!i6 I ~Ql;i $323 036 00 i I I.I ----~-------~-'-',----I-- .. -'-~,-..--,.,-----,1-----i-------- ~~nFAxr;;p;~a;A("; r,aJ tiO:l>C C.C7:20i/..2r-t: 1 i-0. $72,044.00 .. .,.{.. --~-~---'----~---------------+----+-------------- ~4~;:; ~~!;il,;i ~ ijl.OTS 1 AO FS 'lO t-z t,:~$'.O;');~)N:il I l!i)) $361 1 i)OQ,00 -~, LI! . ii, ff'l2.a2 1327, (7 $t81,2a2.oo $66,SS!l.50 ... "---"'1-'----------- Tot~t Annual Co,sl 7 :~,1:?1,308,QO $126,ml(KOO $110,500.00 p Uii,t A ~ Q Q. ti. N T V PIJIHt(: 1C:l(,O~j.J ADDENDUM NO". 1 srn Titltl: Malnt~llilt'it;iiAgreetiwntAm111a1 Uc9nses filr Support ofDistricf~ Extreme r1~twork !;Jectrrmri;s Ope11lttg: Th!lrs.(1ay, November 4'1'i. 2021. 2:00 p.m. (EOJJ. (.)11,jt>.{Ct;C[\'lj>J JJf(Jl l9 thii> .1/lt.:;. ano tm,l ..... ill boopom::d in th:>y:,Jt1itirnt1~~Hfo.;1r1 ti'.td !iliaY n~ti;,e wi:tjdrawn ~r;; 12Ci (Jays a'ter1~pc,nln9. Alf bl& -0001.e!! ttterthe spe:;,,ft~tl dGl1e :!lid tirr-.e will l:ie r~mrrwd um:ipor,~r.i. The aikli;ir,-:l1.1rrt s.hal I \i'.ar\iai.ki amilrd,:iiif.ilw.:li>, wt::I ~1ie1\rJJf!1MY\l'ltff1II jlf"(,>/r.leo to PAte'llial l'l!~octidonls in ll'o cri:Jin..il RrO vac~iitt;lil, f) dl~i~! In tij:;! dt;'u~ln;>rn'!l11 :-r' 1hiir re,J'.):)rmes. :n~rt:::;tbd firms ,iro ,-1ntul11 aotiid b;; ,1ari,1'!1! 1 htt infr:r')Jatlnn found in this ~ticendurri ilnd on ,wy ocdilion;;;I ~11~!1.:~ ;19':\;'fr.;!nt~. 8 For tM iwri,-:,rJM!! :1f 11111 l\~J. Revised A.TTAtH MENT a Cos.t Propo$tl Form Ttie fa10\Vii'ig E::d,ermi Ne!:wotk,; SKU"!; tnliiit b& u;;ecl fctf.oiit:i11g, l',/,;>pt{'tcr Bi'.U's \Viii l:r~ .r,-.A::cpk,d, I :I> ~;/\f~I; -~ ' ... , .... 1,1 scc M t1ui~:1i1r, 7)54Xf,qfpl'..At.l'St llOl~.:1-.n.l\lF 9/ ~;:re~ T(i. ,,;z-:cAr; p~~llN;ir-c~n ... Tf;.(I ;_{al~if,J'.:81 "i:t 1ii i Af::~s t-i:~f,...t; ~~i- -~- rA , ,, ffll .. ,2;;,{Xf;;) r:20, Ac Ptr, Nirf f"Oc;Qi Ci,>Jl.'i180l 11'1-:4(11,'ll'>.Hi-;{H.iil-, ois I A(~ 11, Nt)I() '" li4;'\nc,ri1 \'~f' i4tl:cc,r ::1 Cow,,; ~11 l'p,,rili }ttf~ ?(~~o~ '~orvlito J}1rtY - -"~----- 9 CWT~/J,r;;r; r. 'OL EWTNJoCe l-'3i'itr. t.wrt.:; & cs hJ&200 .1i,r,JJ,t--t~'17 ,ICtI:-1ssm. 970-)~l'!.!527" / U,IJJtlO~hUW Unib,cic ! .. $s:,i,m,,uTSJ"\>\r;i' NOl"v',Ve'it GOl'iJ;MFl)lt11,ilm11 m i 1is~:,::t-e ~8 2~ .j (lo:rntC'.HIO l"Q E-f!ATl'l l)l' l",i1llwilr .iil ! . 10 ' Revised ATTA,CHMENT El sijI f!prm f r,r, t:/;.;,:{($11,1:x 1.i.:;i,>:;M)"'F ;- -!/\ II- ilrijqtMa)ont u, ;~t~,t;f1,'\:;m1i4~;)ft} tr~t-t:-~O'~-art:::~i~~r.,y . . ;'$F. NC'2cc,r ,:fr Eol!Lti,,ls!M i l ' /{4G Er-Jteill'RlSe )ais,e l'Qft1:lti. et ,;ir 1"11.1\,,1 lrjrrt' 00 Total Anhu~I Go~t $-~--- 11 January 10, 2022, Regular Board Meeting Title 17. ANNUAL MAINTENANCE AGREEMENT FOR NETWORK ELECTRONICS Recommendation That the Duval County School Board approve the RFP NO. 04-22/LM for Network Electronics Maintenance Agreement for Annual Licenses with Step CG, Inc. for the amount not to exceed $2,480,394.85 for the period of July 1, 2022 through September 30, 2023. There are four (4) additional one (1) year renewals. That the Duval County School Board authorize the Board Chairman or Vice Chairman, and the Superintendent, to 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 contract was selected based on an RPF solicitation for Maintenance Agreement (Annual Licenses) to support of the Districts network electronics, leveraging e-Rate funding. The contract provides licensing and maintenance support for the Districts network equipment. Gap Analysis This contract will increase the network's functionality, capability, and reliability using cost- effective schools and administrative sites options. e-Rate will fund 85% of the cost. Previous Outcomes Previously the District was replacing equipment as it failed; the process to acquire equipment often left areas of the school without network access while the equipment was procured. This new contract places all equipment under an umbrella maintenance agreement that provides upgrades and free replacement of failed equipment under a four-hour Service Level Agreement (SLA). Expected Outcomes The Districts network equipment will be fully patched and maintained, providing reliable network connectivity to all district classrooms and administrative sites. Decrease the network outage caused by hardware failure and protect the Districts networks against security vulnerabilities. Strategic Plan Goals and Principles DCPS will provide a culture and climate that improves academic, social, and emotional development. Financial Impact Current agreement: $2,480,394.85 There is a sufficient amount budgeted in the E-Rate fund; however, Operating and Capital funds may also be used. Fund Center Fund Function Object 2750 10701 8200 640 Contact James Culbert, Chief Information Officer, 904-348-7172 Attachments 1. Annual Maintenance Agreement PY) INS A PNET PIXE YY ID JLA WX \W =\ . } } WN | f ) \ . \ | oe VY ANILy QWYAYAWYIAN Jt Lt JE CA IEY IY 4Z Wray CY LY JLAMD \ Purchasing Department 1701 Prudential Drive, Suite 322 Jacksonville, FL 32219 PH (904) 858-4848 FAX (904) 858-4868 NOVEMBER 15, 2021 Maintenance Agreement Annual Licenses for Support of Districts Extreme Network Electronics RFP NO. 04-22/LM RECOMMENDATION FOR AWARD DATE OPENED: November 4, 2021 Any actual or prospective bidder, proposer or contractor who is aggrieved in connection with the intended award of a contract may file a protest and shall deliver its written notice of protest to the Assistant Superintendent, Operations, or designee (hereinafter Hearing Officer) immediately, but no later than two (2) working days after recommendation of award, if not to the apparent low bidder, 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. on the 4" calendar day immediately following the 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. the next Duval County School Board (DCSB) workday. Protests shall be presented with specificity, and every issue shall be fully documented. SEE ATTACHED Ranking 1 Maintenance Agreement Annual Licenses for Support of District's Extreme Network Electronics EVALUATION COMMITTEE SUMMARY Proposer Available Points Points Attained STEP CG, LLC 300 295 Recommended Vendor 92:11 WY SI AON 1202 ADDENDUM NO. 1 www.duvalschools.org/purchasing Issue Date: October 5, 2021 Phone: 904-858-4859 Buyer: Louis Mitchum Bid Number: RFP No. 04-22/LM Bid Title: Maintenance Agreement Annual Licenses for Support of Districts Extreme Network Electronics Opening: Thursday, November 4th, 2021, 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 RFQ 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: 1. To revise the Cost Proposal Form See attached revised Cost Proposal Form alle ee http://www.duvalschools.org/purchasing Revised ATTACHMENT B Cost Proposal Form RFP No. 04-22/LM, Maintenance Agreement (Annual Licenses) for Support of Districts Extreme Network Electronics For the purpose of this bid, The following Extreme Networks SKUs must be used for pricing. No other SKUs will be accepted. Product Part # Service Product Type Service Part # ERS4950GTS-PWR+ NO POWER CORD or Equivalent AL4900A04-E6 EW TAC & OS H34070 97000-H34070 VSP4450GSX-PWR+ NO PC or Equivalent EC4400A05-E6 EW TAC & OS H34131 97000-H34131 VSP 7254XSQ F2B - AC PSU NO PC E-RATE or Equivalent EC7200E1F-E6 EW TAC & OS H35276 97000-H35276 VSP 7254XTQ F2B - AC PSU NO PC E-RATE or Equivalent EC7200E2F-E6 EW TAC & OS H35277 97000-H35277 7254XSQ F2B 24 10G 4X40G NO PC E-RATE or Equivalent EC7200E3F-E6 EW TAC & OS H35278 97000-H35278 7254XTQ F2B 24 10G 4X40G NO PC E-RATE or Equivalent EC7200E4F-E6 EW TAC & OS H35279 97000-H35279 8418XSQESM 16x1/10G SFP+,2x40G QSFP+ or Equivalent EC8404005-E6 EW TAC & OS H34100 97000-H34100 8424GS 24 PORT 100M/1G SFP or Equivalent EC8404007-E6 EW TAC & OS H34104 97000-H34104 8424GT 24 PORT 10M/100M/1G CU or Equivalent EC8404008-E6 EW TAC & OS H34106 97000-H34106 8404C CHAS 4 SLOTS 1 AC PS NO PC E-RATE or Equivalent EC8400E02-E6 EW TAC & OS H35280 97000-H35280 VSP 7254XTQ F2B - AC PSU NO PC or Equivalent EC7200A2F-E6 EW TAC & OS H34082 97000-H34082 8404C CHASSIS 4 SLOTS 1 AC PS NO PC or Equivalent EC8400A02-E6 EW TAC & OS H34092 97000-H34092 VSP 7432CQ-F or Equivalent VSP7400-32C-AC-F EW TAC '& OS H35310 97000-H35310 VSP7400-48Y-8C-AC-F or Equivalent VSP7400-48Y-8C-AC-F EW TAC '& OS H35313 97000-H35313 ED SPEC 4950GTS-PWR RESTR NA PWR or Equivalent AL4900E04-E6ED EW TAC & OS H35601 97000-H35601 X440-G2-12p-10GE4 or Equivalent 16531 EW TAC & OS 16531 97000-16531 NAC ENTERPRISE LICENSE FOR 12K ES or Equivalent XIQ-NAC-S-10K-EW EW TAC & OS XIQ- NAC-S-10K-EW XIQ-NAC-S-10K-EW 40GB Optic- 40GBASE-LR4 SMF QSFP+ or Equivalent 40GB-LR4-QSFP EW TAC & OS H30104 H30104 Revised ATTACHMENT B Cost Proposal Form RFP No. 04-22/LM, Maintenance Agreement (Annual Licenses) for Support of Districts Extreme Network Electronics These are estimated quantities of items to be covered, the quantities are not guaranteed. Product Part # Quantity Unit price Extended price ERS4950GTS-PWR+ NO POWER CORD or Equivalent _____________________________________ AL4900A04-E6 ______________ 3525 VSP4450GSX-PWR+ NO PC or Equivalent _____________________________________ EC4400A05-E6 ______________ 200 VSP 7254XSQ F2B - AC PSU NO PC E-RATE or Equivalent _____________________________________ EC7200E1F-E6 ______________ 50 VSP 7254XTQ F2B - AC PSU NO PC E-RATE or Equivalent _____________________________________ EC7200E2F-E6 ______________ 50 7254XSQ F2B 24 10G 4X40G NO PC E-RATE or Equivalent _____________________________________ EC7200E3F-E6 _____________ 50 7254XTQ F2B 24 10G 4X40G NO PC E-RATE or Equivalent _____________________________________ EC7200E4F-E6 _____________ 50 8418XSQESM 16x1/10G SFP+,2x40G QSFP+ or Equivalent _____________________________________ EC8404005-E6 ____________ 50 8424GS 24 PORT 100M/1G SFP or Equivalent _____________________________________ EC8404007-E6 ____________ 200 8424GT 24 PORT 10M/100M/1G CU or Equivalent _________________________________________ EC8404008-E6 ____________ 200 Revised ATTACHMENT B Cost Proposal Form RFP No. 04-22/LM, Maintenance Agreement (Annual Licenses) for Support of Districts Extreme Network Electronics Product Part # Quantity Unit price Extended price 8404C CHAS 4 SLOTS 1 AC PS NO PC E-RATE or Equivalent _____________________________________ EC8400E02-E6 ____________ 200 VSP 7254XTQ F2B - AC PSU NO PC or Equivalent _____________________________________ EC7200A2F-E6 ____________ 50 8404C CHASSIS 4 SLOTS 1 AC PS NO PC or Equivalent _____________________________________ EC8400A02-E6 ____________ 200 VSP 7432CQ-F or Equivalent ______________________________________ VSP7400-32C-AC-F ________________ 100 VSP7400-48Y-8C-AC-F or Equivalent _____________________________________ VSP7400-48Y-8C-AC-F __________________ 50 ED SPEC 4950GTS-PWR RESTR NA PWR or Equivalent _____________________________________ AL4900E04-E6ED ______________ 3525 X440-G2-12p-10GE4 or Equivalent _____________________________________ 16531 __________________ 1500 NAC ENTERPRISE LICENSE FOR 12K ES or Equivalent _____________________________________ XIQ-NAC-S-10K-EW _________________ 5 40GB Optic- 40GBASE-LR4 SMF QSFP+ or Equivalent _____________________________________ 40GB-LR4-QSFP ______________ 90 Total Annual Cost $____________ Note: All items must be bid to be considered for award. RFP No. 04-22/LM, Maintenance Agreement Annual Licenses for Support of Districts Extreme Network Electronics REQUEST FOR PROPOSALS (RFP) RFP No. 04-22/LM Maintenance Agreement Annual Licenses for Support of Districts Extreme Network Electronics RFP Release Date: September 30, 2021 Deadline for Written Questions: October 15th, 2021, 12:00 p.m. (EDT) Proposals Opened: November 4th, 2021, 2:00 p.m. (EDT) Committee Evaluation: November 15th, 2021 Board Award: January 2022 DUVAL COUNTY PUBLIC SCHOOLS Purchasing Services Department 1701 Prudential Drive Jacksonville, Florida 32207 eile re http://www.duvalschools.org/dcps Page 1 of 27 RFP No. 04-22/LM, Maintenance Agreement (Annual Licenses) for Support of Districts Extreme Network Electronics 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 Maintenance Agreement (Annual Licenses) for Support of Districts Extreme Network Electronics This response must be submitted to Duval County Public Schools, Purchasing Services, 1701 Prudential Drive, Jacksonville, FL 32207, no later than 2:00 p.m. EDT on November 4, 2021, and plainly marked RFP No. 04-22/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: Required TITLE DATE: CONTACT PERSON: CONTACT PERSON'S ADDRESS: TELEPHONE: FAX: TOLL FREE: INTERNET E-MAIL ADDRESS: INTERNET URL: VENDOR TAXPAYER IDENTIFICATION NUMBER: SPIN# NOTE: Entries must be completed in ink or typewritten. An original signature is required. eile re http://www.duvalschools.org/dcps http://www.duvalschools.or/#g Page 2 of 27 RFP No. 04-22/LM, Maintenance Agreement (Annual Licenses) for Support of Districts Extreme Network Electronics ITEMS TO BE RETURNED WITH PROPOSAL: 1. Required Response Form Attachment A Page 1 of 27 2. Cost Proposal Form Attachment B 3. Office of Economic Opportunity Proposed Schedule of Participation Attachment C 4. E-RATE Supplemental Terms and Conditions Attachment D 5. Reference Form Attachment E 6. Warranty Information Attachment F Note: In accordance with section 4.3, please submit proposal as follows: 1. One (1) manually signed original 2. One (1) photocopy 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 27 RFP No. 04-22/LM, Maintenance Agreement (Annual Licenses) for Support of Districts Extreme Network Electronics DUVAL COUNTY PUBLIC SCHOOLS RFP: Maintenance Agreement (Annual Licenses) for Support of Districts Extreme Network Electronics RFP N0. 04-22/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 Anticipated Time Schedule 7.0 Districts Rights and Reservations 8.0 Proposal Format and Evaluation Criteria 9.0 Proposal Evaluation Process 10.0 Contractor Certifications and Qualifications 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 27 RFP No. 04-22/LM, Maintenance Agreement (Annual Licenses) for Support of Districts Extreme Network Electronics ATTACHMENTS: A. Required Response Form Page 1 of 27 B. Cost Proposal Form Attachment B C. OEO Compliance Statement Attachment C D. E-RATE Supplemental Terms and Conditions Attachment D E. Reference Form Attachment E F. Warranty Information Attachment F EXHIBITS: 1. Evaluation Worksheet 2. Composite Federal Forms Page 5 of 27 RFP No. 04-22/LM, Maintenance Agreement (Annual Licenses) for Support of Districts Extreme Network Electronics DUVAL COUNTY PUBLIC SCHOOLS RFP: Maintenance Agreement (Annual Licenses) for Support of Districts Extreme Network Electronics RFP No. 04-22/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 secure prices and establish a Term contract for a Maintenance agreement in support of the Districts Extreme Network Electronics, under the Universal Service Fund (E-Rate). An agreement will then be entered for the selected firm (Contractor) to provide the described services for Duval County Public Schools (DCPS or the District). This solicitation is to purchase hardware and software Licenses (Maintenance Agreements) on existing Extreme network equipment using the manufacturer SKUs provided for the list of equipment provided. This equipment has already been purchased and installed by the District. This maintenance agreement is to be directly with manufacturer of Extreme Network, Electronics, and not a third party. DCPS will deal directly with the manufacturer of Extreme Network, Electronics, for software, hardware issues and Return Merchandise Authorization (RMA). The initial maintenance agreement will be from July 1, 2022 through September 30, 2023. (subject, however, to availability of lawfully appropriated funds for each District fiscal year). The initial award is for 1 year with four (4) 1 year renewal options for a total of 5 years. The District will be filing for E-Rate for this project and intends to use Service Provider Invoicing (SPI) billing. 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 Page 6 of 27 RFP No. 04-22/LM, Maintenance Agreement (Annual Licenses) for Support of Districts Extreme Network Electronics schools, 33 charter schools, and additional administrative facilities. The administration of this Contract is a function of the Districts Technology Department. All post-award communications shall be directed Supervisor, Network Operations. For more information about the District, please visit www.duvalschools.org on the internet. 2.0 DISTRICT OBJECTIVES/SCOPE OF SERVICES: 2.1 Objective: This solicitation is to acquire a 5-year fixed price maintenance agreement on all network equipment. 2.2 Scope: 1. This RFP is to establish a source of supply for a Maintenance Agreement (Annual Licenses) for Support for the Districts Extreme Network Electronics at Duval County Public Schools (DCPS) locations for the period of July 1, 2022, through September 30, 2023, with four (4) potential one (1) year renewals. 2. All submissions must use the manufactures product SKUs provided by the District. After award and the services have been purchased through the manufacturer, DCPS will deal directly with the manufacturer for all maintenance needs. 3. Projected spending set forth in this RFP is based on anticipated coverage over the next five year period. These quantities are not guaranteed, however, the proposer agrees that the unit price(s) offered shall be maintained regardless of the quantity actually purchased. 4. E-Rate Eligibility: E-Rate Form 470 has been filed for this RFP to enable DCPS to apply for E-Rate funding for services. It is understood that not all services purchased against this RFP will be E-Rate eligible. Vendor must maintain a valid Service Provider Identification Number (SPIN#) for term of this contract, including subsequent renewals. Vendors who are not listed as having a current SPIN# with the Universal Service Administrative Company (USAC) at time of RFP submission will be considered non-responsive and ineligible for award. Additional information regarding SPIN# is available at https://www.usac.org/e-rate/service- providers/step-1-obtain-a-spin/ or 888-641-8722. 2.3 Contract Term: The District shall select a Contractor to provide a secure price and establish a term contract for a Maintenance Agreement (Annual Licenses) in Support of the Districts Extreme Network Electronics E-Rate herein described for the District commencing from July 1, 2022, through September 30, 2023 (subject, however, to availability of lawfully appropriated funds for each District fiscal year). The Contract may thereafter be renewed for four (4) additional one (1) year periods, upon the consent and agreement of both parties. The fee structure of the Contractor shall remain firm for the entire contract term including any and all renewals. 3.0 EX PARTE COMMUNICATION: http://www.duvalschools.org/ https://www.usac.org/e-rate/service-providers/step-1-obtain-a-spin/ https://www.usac.org/e-rate/service-providers/step-1-obtain-a-spin/ Page 7 of 27 RFP No. 04-22/LM, Maintenance Agreement (Annual Licenses) for Support of Districts Extreme Network Electronics Ex parte communication, whether verbal or written, by any potential Respondent or representative of any potential Respondent to this RFP with District personnel involved with or related to the RFP, other than as designated in this document, is strictly prohibited. Violation of this restriction may result in the rejection/disqualification of the Respondents proposal. Ex parte communication, whether verbal or written, by any potential Respondent or representative of any potential Respondent to this RFP with Board members is also prohibited and will result in the disqualification of the Respondent. Notwithstanding the foregoing, communications are permissible by this Section when such communications with a prospective Respondent are necessary for, and solely related to, the ordinary course of business concerning the 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 November 4, 2021. 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 signed original, one (1) photocopy 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: Maintenance Agreement Annual Licenses for Support of Districts Network Electronics " 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 Proposers(s). Any corrections of unit prices must be by line-outs of the original prices with correct amounts typed or written in and initialed by the originator. Corrections made using correction fluid (white out) or any other method of correction are unacceptable. NOTE: It is the sole responsibility of each respondent to assure all proposal copies are EXACT duplicates of the original proposal. USB Flash Drives will be utilized by the Evaluation Committee for the purpose of evaluation of proposals. 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 8 of 27 RFP No. 04-22/LM, Maintenance Agreement (Annual Licenses) for Support of Districts Extreme Network Electronics 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. 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 or Debowrah Stevens in Purchasing Services via e-mail at mitchuml@duvalschools.org. and Stevensd2@duvalschools.org. The deadline for such questions or requests will be 12:00 noon., EDT on October 15, 2021, 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 ANTICIPATED TIME SCHEDULE: The District will attempt to adhere to the following time schedule: RFP Release Date: September 30, 2021 Deadline for Questions: October 15, 2021, at 12:00 noon. (EDT) Proposal Opening: November 4, 2021, at 2:00 p.m. (EDT) Committee Evaluation: November 15, 2021 Board Award: January 2022 Inquiries regarding the status of a proposal must not be made prior to the posting of award recommendation. mailto:mitchuml@duvalschools.org mailto:Stevensd2@duvalschools.org Page 9 of 27 RFP No. 04-22/LM, Maintenance Agreement (Annual Licenses) for Support of Districts Extreme Network Electronics 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. PRICE OF THE ELIGIBLE PRODUCTS AND SERVICES: (40 Points) The firm submitting the lowest proposed cost of all Proposers will receive all available points (40 points) for this category (8.0 A). All other respondents that meet this same minimum criterion will receive points proportionate to the lowest cost response (Example - a response that is 20% higher than the lowest submitted cost will receive 20% fewer points (32 points). B. REFERENCES: (15 Points) The District will consider the acceptability of the three references presented by the vendor from customers with environments similar to the District. Reference information must include company name/project, contact name, address, telephone number and email address. Each Bidder is required to submit references from 3 K-12 educational institutions (each with 30 or more sites) See Reference Form Attachment E. Page 10 of 27 RFP No. 04-22/LM, Maintenance Agreement (Annual Licenses) for Support of Districts Extreme Network Electronics C. UNDERSTANDING OF REQUIREMENTS: (15 Points) Provide a detailed written narrative of the service you will be providing to include how and to whom the District is to report any maintenance needs, RMAs, software updates, etc. D. PAST SUCCESSFUL E-RATE FILING EXPERIENCE: (15 Points) Provide a written narrative outlining your Companies filing experience with Category 2 E-Rate. Provide detailed experience of your E-Rate manager or consultant. E. PROPOSAL PREPARATION: (15 Points) The district will evaluate the requested documentations for clarity, completeness, proposed methodology and how it lines up with the District goals for this project. F. OEO COMPLIANCE STATEMENT (Attachment C): Submit with signatures as specified. This is a required submittal. No points are assigned to this required item. 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 Page 11 of 27 RFP No. 04-22/LM, Maintenance Agreement (Annual Licenses) for Support of Districts Extreme Network Electronics 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 CONTRACTOR CERTICATIONS AND QUALIFICATIONS: At a minimum the vendor must have at least 1 engineer on staff, at the time of bid submittal and for the duration of the contract, with an Extreme Certified Specialist (ECS) Certification or alternative manufacturers equivalent certification level. Proof of certification must be submitted with RFP. Provide copies of the following (valid and current) licenses and/or certifications: Failure to provide this documentation may result in your RFP being considered non-responsive: Duval County Local Business Tax Receipt, (formerly Occupational License) or proof of an active Certificate of Authority issued by the Florida Department of State which authorizes the Proposer to transact business in the State of Florida. This proof may be provided by either submitting a copy of the Letter of Authority issued by the Office of the Secretary of State or by submitting a copy of the Certificate of Status Verification which may be obtained via Sunbiz.org-Department of State. The Proposer(s) must have an adequate organization, facilities, and personnel to insure prompt and efficient service. The District reserves the right, before recommending an award, to inspect the facilities to determine ability to perform. The District reserves the right to reject RFP where evidence submitted, investigation and/or evaluation, is determined to indicate inability of the Proposer to perform. 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 Page 12 of 27 RFP No. 04-22/LM, Maintenance Agreement (Annual Licenses) for Support of Districts Extreme Network Electronics 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. 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 Non-Discrimination. 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 Page 13 of 27 RFP No. 04-22/LM, Maintenance Agreement (Annual Licenses) for Support of Districts Extreme Network Electronics Contractors performance under the Agreement on account of a persons actual or perceived identity with regard to race, color, religion, gender or gender identity/ expression, age, marital status, disability, sexual orientation, political or religious beliefs, national or ethnic origin, pregnancy, veteran status, any other protected status under applicable laws, or any other distinguishing physical or personality characteristics. Contractor further covenants that no otherwise qualified individuals shall, solely by reason of his/her actual or perceived identity with regard to race, color, religion, gender or gender identity/expression, age, marital status, disability, sexual orientation, political or religious beliefs, national or ethnic origin, pregnancy, veteran status, any other protected status under applicable laws, or any other distinguishing physical or personality characteristics, be denied the benefits of, or being subjected to discrimination, or be denied access and services, under any provision of the Agreement. 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. 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 Page 14 of 27 RFP No. 04-22/LM, Maintenance Agreement (Annual Licenses) for Support of Districts Extreme Network Electronics 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 Publicity. Contractor shall not use the Districts name, logo, or other likeness in any public event, press release, marketing materials or other public announcement without receiving the Districts prior written approval. Contractor shall not host or stage events at District locations without receiving prior approval by the District contract administrator. 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. Page 15 of 27 RFP No. 04-22/LM, Maintenance Agreement (Annual Licenses) for Support of Districts Extreme Network Electronics 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. 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, Room 340 Phone: (904) 348-7133 Jacksonville, FL 32207 Attn: Supervisor Network Operations Phone: (904) 390-2032 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 Page 16 of 27 RFP No. 04-22/LM, Maintenance Agreement (Annual Licenses) for Support of Districts Extreme Network Electronics 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. For the purpose of the Districts representative for the day-to- activities, the Districts Administration shall be: Duval County Public Schools Attn: Stephen Mclaughlin Supervisor, Network Operations 4019 Boulevard Center Drive Jacksonville, FL. 32207 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 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 Page 17 of 27 RFP No. 04-22/LM, Maintenance Agreement (Annual Licenses) for Support of Districts Extreme Network Electronics 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. 13.7.18 Employment Eligibility. Pursuant to the provisions of section 448.095, Florida Statues, the parties agree to the following: for purpose of this section, the term contract includes this Agreement and any contract between the Contractor and any of Contractors subcontractor(s): a) Beginning January 1, 2021, the District, the contractor, and any of the Contractors subcontractor(s) shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The district, the Contractor and the Contractors subcontractor(s) may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. b) 1. If the Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. 2. The Contractor shall maintain a copy of such affidavit for the duration of the contract. c) 1. The District, the Contractor, or any of the Contractors subcontractors who has a good faith belief that a person or entity with which it is contracting has knowingly violated s.448.09(1), Florida Statutes, shall terminate the contract with the person or entity. 2. If the District has a good faith belief that a subcontractor knowingly violated this subsection, but the contractor otherwise complied with this subsection, then the District shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. 3. A contract terminated under subparagraph 1. Or subparagraph 2. Is not a breach of contract and may not be considered as such. Page 18 of 27 RFP No. 04-22/LM, Maintenance Agreement (Annual Licenses) for Support of Districts Extreme Network Electronics d) The District, Contractor, or any of Contractors subcontractor(s) may file an action with a circuit or county court to challenge a termination under paragraph (3) no later than 20 calendar days after the date on which the contract was terminated. e) If the District terminates the agreement with Contractor under paragraph (c), the Contractor may not be awarded a public contract for at least 1 year after the date on which the Agreement was terminated. f) The Contractor is liable for any additional costs incurred by the district as a result of the termination of the contract. 13.7.19 Severability. If any clause or provision of the Agreement is illegal, invalid or unenforceable under present or future laws effective during the term thereof, then the remainder of the Agreement shall not be affected thereby; and in lieu of each clause or provision of the Agreement which is illegal, invalid or unenforceable, there shall be added, as part of the Agreement, a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and as may be legal, valid and enforceable. 13.7.20 Disclosure of Employment of Former District Employees. Pursuant to District Policy, all bidders, proposers, consultants, 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 bidder, proposer, or contractor, and who within the last two (2) years, have been or are employees of the District. And all bidders, proposers, consultants, 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 District 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 the employee held those positions. By its signature of the Agreement, Contractor certifies to the District that there are no names to disclose to the District pursuant to 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. 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 Page 19 of 27 RFP No. 04-22/LM, Maintenance Agreement (Annual Licenses) for Support of Districts Extreme Network Electronics 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 Florida Employers Liability Coverage Endorsement (NCCI Form WC 09 03), those Page 20 of 27 RFP No. 04-22/LM, Maintenance Agreement (Annual Licenses) for Support of Districts Extreme Network Electronics 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. 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. Page 21 of 27 RFP No. 04-22/LM, Maintenance Agreement (Annual Licenses) for Support of Districts Extreme Network Electronics 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 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: Page 22 of 27 RFP No. 04-22/LM, Maintenance Agreement (Annual Licenses) for Support of Districts Extreme Network Electronics $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. 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 Page 23 of 27 RFP No. 04-22/LM, Maintenance Agreement (Annual Licenses) for Support of Districts Extreme Network Electronics 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 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. Page 24 of 27 RFP No. 04-22/LM, Maintenance Agreement (Annual Licenses) for Support of Districts Extreme Network Electronics 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. 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 Page 25 of 27 RFP No. 04-22/LM, Maintenance Agreement (Annual Licenses) for Support of Districts Extreme Network Electronics 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) THE DISTRICTS CONTACT IS: Mclaughlin, Stephen F. Supervisor, Network Operations 4019 Boulevard Center Drive Jacksonville, FL. 32207 mclaughlis@duvalschools.org Phone No. 904-348-7133. 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