Managed Internal Broadband Services (MIBS)

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

ocke Master Bid File a rd http://www.duvalschools.org/ AGREEMENT BETWEEN THE SCHOOL BOARD OF DUVAL COUNTY, FLORIDA, AND STEP CG, LLC This Agreement is made and entered into effective July 1, 2022 (the "Effective Date"), and is by and between The School Board of Duval County, Florida, operating a district school system in the State of Florida (the "District") and Step CG, LLC, an Ohio limited liability company to transact business in Florida (the "Contractor"). WI T N E S S ET H: Whereas, the District issued RFP 08-22/LM Managed Internal Broadband Services (with attachments) dated on or about November 18, 2021, together with Addendum No. 1 dated November 29, 2021, and Addendum No. 2 dated December 7, 2021 (collectively, the "RFP"), which is incorporated herein by reference; Whereas, after free and open competition, Contractor submitted a proposal, which is incorporated herein by reference, and was selected as a responsive and responsible Contractor by the District as more fully set forth below (the "Proposal"); Whereas, the Contractor is interested in and capable of performing the Managed Internal Broadband Services (hereafter further defined as the "Services") for the District and the District desires to have the Contractor perform the Services; and Whereas, the parties have reached an agreement on the Services to be performed and the payment for the same, and therefore wish to set forth this understanding in writing in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree as follows: ARTICLE I SCOPE OF SERVICES 1.1 The recitals set forth above are true and correct and are incorporated into this Agreement by this reference. Unless otherwise assigned a different meaning in this Agreement, defined terms in this Agreement shall have the same meaning as the defined terms in the RFP. 1.2 The parties agree that the purpose of this Agreement is that the Contractor shall fully, timely, and continuously provide the District the Services in accordance with the District's objectives set forth in the RFP and this Agreement. The contract documents consist of this Agreement, the RFP, and the Proposal. In the event of any conflict or ambiguity among these documents, the priority set forth in section 13. 7.16 of the RFP is assigned. ARTICLE II COMMENCEMENT AND RENEWAL 2.1 See Section 2.3 of the RFP. The Services shall commence according to the schedule set forth in the RFP, unless the District notifies the Contractor otherwise in writing. ARTICLE Ill COMPENSATION 3.1 The maximum obligated amount under this Agreement shall be as set forth in Attachment B of the Proposal, subject to the provisions of the contract documents regarding any renewal term; in no event shall the District be responsible to the Contractor for compensation in excess of the maximum obligated amounts stated in this Agreement except as increased by formal approved and executed supplemental agreement(s). 4.1 See Article 11 of the RFP. ARTICLE IV TERMINATION ARTICLEV MEETINGS; REPORTS; NOTICES 5.1 The parties agree that all communications relating to the day-to-day activities shall be exchanged between the respective representatives of the District and the Contractor, which representatives shall be designated by the parties, in writing, promptly upon commencement of the Services. 5.2 The Contractor shall provide records and information and fully cooperate (notwithstanding any Contractor claims of trade secrets, proprietary or confidential information) with the District as to all matters pertaining to any and all legal, audit, administration, and compliance requirements relating to the Services and the contract documents. 5.3 Contractor's address for notices as set forth in section 13.7.14 of the RFP is: Danny Poindexter Business Development Manager Step CG, LLC 50 E. Rivercenter Blvd., #900 Covington, KY 41011 ARTICLE VI MISCELLANEOUS 6.1 Contractor's exceptions to the RFP set forth in its Proposal, if any, are stricken in their entirety and void except as may be specifically addressed in this Agreement. 6.2 This Agreement may be executed via facsimile and in one or more counterparts, each of which will be deemed an original, but all such facsimiles and counterparts will together constitute but one and the same instrument. ;Ne ITNESS WHEREO / ATTES the parties have duly executed this Agreement as of the date first above written. Ian ne, Superintendent of Schools and Ex-Officio Secretary to the Board THE SCHOOL BOARD OF DUVAL COUNTY, FLORIDA By:_i-=--~ iw(_ _ Darryl~hairman Approved by Board on March 1, 2022 [Signatures continued on next page] 2 STEP CG, LLC By: Ckn_, u}ru:t;- Name: #ifi ~_ [Signature Page to Agreement between The School Board of Duval County, Florida, and CSM Consulting, Inc. For RFP 09-19/LM E-Rate Consulting Services] Title:_c_Fo _____________ _ 3 March 1, 2022, Regular Board Meeting Title 9. MANAGED INTERNAL BROADBAND SERVICES (MIBS) Recommendation That the Duval County School Board approve the RFP NO. 08-22/LM for Managed Internal Broadband Services with Step CG, Inc. for the amount not to exceed $460,800.00 for the period of July 1, 2022 through September 30, 2023. There are four (4) additional one (1) year renewals remaining. 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 This contract was a competitive solicitation for Managed Internal Broadband Services (MIBS) for schools and administration sites to provide for the following: MIBS WLAN Router Service RG Nets RXG Appliances, license, and support Network management for devices including student devices and administrative computers on the District's WiFi network Network access control and monitoring to combat the latest security vectors on the network Segmenting of the wireless network between students, adults, and guests Bandwidth allocation is based on the priority of traffic, including students, adults, guests, laptops, and cell phones Segmenting student applications (i.e., Andrew Jackson gaming lab), giving the school more flexibility to access program-specific content without impacting other resources Advanced network error detection and notification allows the district to respond to outages quickly that affect the network Ability to support the "Internet of Things" (IoT) on a controlled and isolated network Gap Analysis This RFP was initiated to increase the wireless network's functionality, capability, and reliability using cost-effective options for schools and administrative sites. Previous Outcomes The previous wireless network solution could not fully support programs with ever-increasing bandwidth requirements. The system experienced bandwidth restrictions and outages, resulting in disruptions to testing and online, blended learning opportunities. Expected Outcomes To provide each school and administrative site with a resilient wireless network capability to support online testing, CTE Programs, STEM, eSports, and computer labs with increased overall visibility of the network's performance. This visibility will allow us to configure, track, and maintain devices and troubleshoot more effectively when outages occur. Strategic Plan Goals and Principles Duval County Public Schools will provide a culture and climate that improves academic, social, and emotional development. Financial Impact Previous Year's Expenditures: Approximately $150,000.00 Current Agreement: $460,800.00 with 85% to 90% E-Rate reimbursement. Our expected cost is approximately $65,000.00. Funding Stream: Funds sources will be from Operating and E-Rate sources. Funding is budgeted in FY 2022- 2023. RC Fund Function Object 2750 IT Infrastructure 10000 General 6500 8200 Instructional Related Administrative Technology Services 360 350 Rentals Technology Repairs & Maintenance Contact James Culbert, Chief Information Officer, 904-348-7172 Attachments 1. Duval County Schools 2. scan_poolej2_2022-02-22-08-22-31 FATT Wj \ 77 SINNED. YARN KY WY yT IRS, OT FF 7~ Y INT IWAT COT NITY PUR ( y, / a LAD VW \tLy WY QA IL A Je JE FILM DW TEN AMD Purchasing Department 1701 Prudential Drive Suite 322 Jacksonville, FL 32207 PH (904) 858-4848 FAX (904) 858-4868 BID/QUOTE TABULATION SHEET BID NO.: RFP NO.-08-22/LM BID TITLE: Managed Internal Broadband Services DATE OPENED: December 17,2021 TABULATED BY: D. Stevens REVIEWED BY: Louis Mitchum 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 Associate Superintendent, Administration and Business Services, 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) work day. Protests shall be presented with specificity, and every issue shall be fully documented. SEE ATTACHED Managed Intemal Broadband Services (MIBS) RFP NO. 08-22/LM Managed Internal Broadband Services (MIBS) EVALUATION COMMITTEE SUMMARY Ranking Proposer Available Points Points Attained 1 STEP CG, LLC 400 345.5 Recommended Vendor RFP No. 08-22/LM, Managed Internal Broadband Services (MIBS) ADDENDUM NO. 2 www.duvalschools.org/purchasing Issue Date: December 7th, 2021 Phone: 904-858-4859 Buyer: Louis Mitchum Bid Number: RFP N0. 08-22/LM Bid Title: Managed Internal Broadband Service (MIBS) Opening: Friday, December 17, 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 RFP package. To assist in the development of their responses, interested firms are encouraged to carefully review the information found in this addendum and on any additional enclosed documents. Purpose: To answer questions received in accordance with the RFP. Layer 3 Communications 1. Question: As stated in the RFP Section 2.1 Objective: The contractor shall provide allswitching equipmentto facilitate a complete solution. Please provide a breakdown of the APs per MDF/IDF to accurately determine the switching needs. Answer: The complete sentence from section 2.1 Objectives states: The Contractor shall provide all labor and materials, including but not limited to, switching equipment, appliances, cabling, and connectors required to facilitate a complete solution that provides management for wireless connectivity into the classroom subject to the published speeds of the prevailing wireless standard The solution we are seeking is to manage the Wireless Network, Devices and User Access provided by the Access Points as stated on Section 2.1, not physical connectivity for the Access Points. The Access Points are already installed and functioning as stated in Section 1.1 Purpose: There are approximately 10,150 extreme 410C Access Points installed at approximately 160 Schools, approximatley150,000 devices with approximately 128,000 users. The District currently uses RGNET to manage these Access Points, Devices and Users. COMMSCOPE 2. Question: It is the districts intent to remove the RGnets device/devices? Answer: Section 2.1 Objective: The successful Contractor shall furnish a maximum cost per student for the Lease of MIBS equipment and Services. In this model the District would lease the equipment from the Contractor. The Contractor shall provide all labor and materials, including but not limited to, switching equipment, appliances, cabling, and connectors required to facilitate a alle ee http://www.duvalschools.org/purchasing RFP No. 08-22/LM, Managed Internal Broadband Services (MIBS) complete solution that provides management for wireless connectivity into the classroom subject to the published speeds of the prevailing wireless standard. At the time of this documents publication, the current prevailing wireless standard is IEEE 802. 11ac.The Contractor will be responsible for the installation, management, and maintenance of the internal wireless solution. 3. Question: Is there an option to replace the existing APs, which are probably the limiting factor in throughput needed? Answer: Section 1.1 Purpose: This solicitation is for the purchase/lease, installation, configuration, and maintenance of MIBS for the approximately 160 E-Rate eligible sites throughout the District 4. Question: More of a statement and a question 802.11ac chipsets are no longer available from manufactures, would a better WiFi-6 WiFi Alliance Vantage program wireless solution be an option? Answer: Section 2.1 Objective: The successful Contractor shall furnish a maximum cost per student for the Lease of MIBS equipment and Services. In this model the District would lease the equipment from the Contractor. The Contractor shall provide all labor and materials, including but not limited to, switching equipment, appliances, cabling, and connectors required to facilitate a complete solution that provides management for wireless connectivity into the classroom subject to the published speeds of the prevailing wireless standard. At the time of this documents publication, the current prevailing wireless standard is IEEE 802. 11ac.The Contractor will be responsible for the installation, management, and maintenance of the internal wireless solution. 5. Question: Can you clarify if cabling needs to be pulled? Answer: Section 2.1 Objective: The successful Contractor shall furnish a maximum cost per student for the Lease of MIBS equipment and Services. In this model the District would lease the equipment from the Contractor. The Contractor shall provide all labor and materials, including but not limited to, switching equipment, appliances, cabling, and connectors required to facilitate a complete solution that provides management for wireless connectivity into the classroom subject to the published speeds of the prevailing wireless standard. At the time of this documents publication, the current prevailing wireless standard is IEEE 802. 11ac.The Contractor will be responsible for the installation, management, and maintenance of the internal wireless solution. 6. Question: Are current switch/ethernet ports going to be used for the APs? Answer: Section 1.1 Purpose: This solicitation is for the purchase/lease, installation, configuration, and maintenance of MIBS for the approximately 160 E-Rate eligible sites throughout the District. There are approximately 10,150 extreme 410C Access Points installed at approximately 160 Schools. COMCAST BUSINES 7. Question: Will Duvall County Public Schools allow for an extension, based on the following: A) Timeline to get surveys completed is to short, based on total number of sites B) Timeline to have design and engineering is extremely short, as this is a huge project C) Site list with all service addresses has not been provided in the RFP Answer: No, given the advanced calendar date, the district does not find itself in the position to provide an extension and also meet its internal deadliness for school board approval and E-rate application filing. RFP No. 08-22/LM, Managed Internal Broadband Services (MIBS) ADDENDUM NO. 1 www.duvalschools.org/purchasing Issue Date: November 29, 2021 Phone: 904-858-4859 Buyer: Louis Mitchum Bid Number: RFP N0. 08-22/LM Bid Title: Managed Internal Broadband Service (MIBS) Opening: Friday, December 17, 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 RFP package. To assist in the development of their responses, interested firms are encouraged to carefully review the information found in this addendum and on any additional enclosed documents. Purpose: To answer questions received in accordance with the RFP. Comcast Business 1. Question: What is MIBS going to be used for? Answer: As stated in the RFP Section 2.1 Objective: The Contractor shall provide all labor and materials, including but not limited to, switching equipment, appliances, cabling, and connectors required to facilitate a complete solution that provides management for wireless connectivity into the classroom subject to the published speeds of the prevailing wireless standard. At the time of this documents publication, the current prevailing wireless standard is IEEE 802. 11ac 2. Question: What are the bandwidth requirements? Answer: As stated in the RFP Section 1.1 Purpose: There are approximately 10,150 extreme 410C Access Points installed at approximately 160 Schools, approximatley150,000 devices with approximately 128,000 users. The District currently uses RGNET to manage these Access Points, Devices and Users. The solution needs to be sized for devices and Users rather than bandwidth. 3. Question: Can we get a copy of the site list with the addresses that will be serviced for this offering? Answer: As stated in the RFP Section 1.1 Purpose: There are approximately 10,150 extreme 410C Access Points installed at approximately 160 Schools, approximatley150,000 devices with approximately 128,000 users. The District currently uses RGNET to manage these Access Points, Devices and Users. This district will furnish site information to the vendor who is awarded RFP. Site location has no bearing on pricing. alle ee http://www.duvalschools.org/purchasing RFP N0. 08-22/LM, Managed Internal Broadband Services (MIBS) REQUEST FOR PROPOSALS (RFP) RFP NO. 08-22/LM Managed Internal Broadband Services (MIBS) RFP Release Date: November 18, 2021 Deadline for Written Questions: December 6, 2021, 12:00 noon. (EDT) Proposals Opened: December 17, 2021, 2:00 p.m. (EDT) Committee Evaluation: January 7, 2022 Board Award: February 2022 DUVAL COUNTY PUBLIC SCHOOLS Purchasing Services Department 1701 Prudential Drive, Suite 322 Jacksonville, Florida 32207 eile re http://www.duvalschools.org/dcps Page 1 of 29 RFP No. 08-22/LM, Managed Internal Broadband Services (MIBS) 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 Managed Internal Broadband Services (MIBS) RFP No. 08-22/LM This response must be submitted to Duval County Public Schools, Purchasing Services, 1701 Prudential Drive, Suite 322, Jacksonville, FL 32207, no later than 2:00 p.m. EDT on December 17, 2021, and plainly marked RFP No. 08-22/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 has 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 29 RFP No. 08-22/LM, Managed Internal Broadband Services (MIBS) ITEMS TO BE RETURNED WITH PROPOSAL: 1. Required Response Form Attachment A Page 1 of 29 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 7. Specifications Note: In accordance with section 4.3, please submit proposal as follows: 1. One (1) 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 29 RFP No. 08-22/LM, Managed Internal Broadband Services (MIBS) DUVAL COUNTY PUBLIC SCHOOLS RFP: Managed Internal Broadband Services (MIBS) RFP No. 08-22/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 29 RFP No. 08-22/LM, Managed Internal Broadband Services (MIBS) ATTACHMENTS: A. Required Response Form Page 1 of 29 B. Cost Proposal Form Attachment B C. Office of Economic Opportunity 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 29 RFP No. 08-22/LM, Managed Internal Broadband Services (MIBS) DUVAL COUNTY PUBLIC SCHOOLS RFP: Managed Internal Broadband Services (MIBS) RFP N0. 08-22/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 the purchase/lease, installation, management, maintenance, and configuration of Managed Internal Broadband Services (MIBS), 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 for the purchase/lease, installation, configuration, and maintenance of MIBS for the approximately 160 E-Rate eligible sites throughout the District. There are approximately 10,150 extreme 410C Access Points installed at approximately 160 Schools, and approximatley150,000 devices with approximately 128,000 users. The District currently uses RGNET to manage these Access Points, Devices and Users. 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 schools, 33 charter schools, and additional administrative facilities. The administration of this Contract is a function of the Districts Technology Department. All post- Page 6 of 29 RFP No. 08-22/LM, Managed Internal Broadband Services (MIBS) award communications shall be directed to the 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: The successful Contractor shall furnish a maximum cost per student for the Lease of MIBS equipment and Services. In this model the District would lease the equipment from the Contractor. The Contractor shall provide all labor and materials, including but not limited to, switching equipment, appliances, cabling, and connectors required to facilitate a complete solution that provides management for wireless connectivity into the classroom subject to the published speeds of the prevailing wireless standard. At the time of this documents publication, the current prevailing wireless standard is IEEE 802. 11ac.The Contractor will be responsible for the installation, management, and maintenance of the internal wireless solution. The proposed solution costs will not exceed the maximum cost per student per month submitted in the cost proposal. The proposed solution must include all work elements to provide a complete solution which delivers broadband connectivity into the classroom. The Contractor shall manage this solution daily; however, the Contractor shall be responsible for providing training for DCPS personnel, on how to properly use the managed solution as a daily service within the facility. This training shall include all information and procedures required to request support from the Contractor in the event of a system failure. 2.2 Scope: A. The selected Contractor as a result of this RFP will provide MIBS, for the period of July 1, 2022, through September 30,2023 with 4 (four) potential 1-year renewals. B. All submissions must provide documented evidence that their proposed team is completely knowledgeable, has worked with the installation, configuration, and management of the proposed MIBS solution and must also provide with their proposal a Method of Procedure document that will ensure a successful deployment. The proposal shall also detail the equipment proposed for the solution. C. Projected spending set forth in this proposal is based on anticipated installations over the next 1-year period and is subject to the 1-year project plan for the District. These quantities are not guaranteed; however, the proposer agrees that the unit price(s) offered shall be maintained regarding the quantity actually purchased. D. E-Rate Eligibility: E-Rate Form 470 has been filed for this proposal to enable DCPS to apply for E-Rate funding for services. It is understood that not all services purchased against this proposal will be E-Rate eligible. Contractor must maintain a valid Service Provider Identification Number (SPIN#) for the term of this contract, including any subsequent renewals. Contractors who are not listed as having a current SPIN# with the Universal Service Administrative Company (USAC) at time of http://www.duvalschools.org/ Page 7 of 29 RFP No. 08-22/LM, Managed Internal Broadband Services (MIBS) proposal 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 secure pricing and establish a Term Contract for the Managed Internal Broadband Services (MIBS) E-Rate as 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 all renewals. 3.0 EX PARTE COMMUNICATION: Ex parte communication, whether verbal or written, by any potential Respondent or representative of any potential Respondent to this RFP with District personnel involved with or related to the RFP, other than as designated in this document, is strictly prohibited. Violation of this restriction may result in the rejection/disqualification of the Respondents proposal. Ex parte communication, whether verbal or written, by any potential Respondent or representative of 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 Contractor 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 Contractor 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 may be subject to disqualification at the sole discretion of the District. 4.2 All proposals must be received no later than 2:00 p.m. (EDT), on December 17th , 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, 1701 Prudential Drive, Suite 322, Jacksonville FL 32207. Any proposal received after the stated time and date or at other location will not be considered. 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: MANAGED INTERNAL BROADBAND SERVICES " on the 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/ https://www.usac.org/e-rate/service-providers/step-1-obtain-a-spin/ 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 29 RFP No. 08-22/LM, Managed Internal Broadband Services (MIBS) 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 lineouts of the original prices with correct amounts typed or written in and initialed by the originator. Corrections made using correction fluid (white out) or any other method of correction are unacceptable. NOTE: It is the sole responsibility of each respondent to assure all proposal copies are EXACT duplicates of the original proposal. USB Flash Drives will be utilized by the Evaluation Committee for the purpose of evaluation of proposals. Any information contained in the original proposal which has not been transferred to the USB Flash Drive or photocopies will NOT be considered. The original document will be used solely for official record keeping purposes. 4.4 Potential Proposers shall not contact, by written or verbal communication, any District employee for information regarding this RFP other than as expressly permitted by this RFP. Additions, deletions, or modifications to information contained in the RFP document will be presented to all potential Proposers by means of a written addendum, if necessary. No verbal or written information which is obtained other than by information in this document or by addendum to this RFP will be binding on the District. Any questions or requests for clarification regarding this RFP shall be submitted to Louis Mitchum, Purchasing Services in writing via e-mail at mitchuml@duvalschools.org or Debowrah Stevens at Stevensd2@duvalschools.org. The deadline for such questions or requests will be 12:00 noon, EDT on December 6, 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: mailto:mitchuml@duvalschools.org mailto:Stevensd2@duvalschools.org Page 9 of 29 RFP No. 08-22/LM, Managed Internal Broadband Services (MIBS) 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: November 18, 2021, RFP Release December 6, 2021, at 12:00 noon. (EDT) Deadline for Questions December 17, 2021, at 2:00 p.m. (EDT) Proposal Opening January 7, 2022, Committee Evaluation February 2022, Board Award Inquiries regarding the status of a proposal must not be made prior to the posting of award recommendation. 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. Page 10 of 29 RFP No. 08-22/LM, Managed Internal Broadband Services (MIBS) 8.0 PROPOSAL FORMAT AND EVALUATION CRITERIA: 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) Provide description, make and model(brand) and specifications of the item that you are proposing. Vendor must include all cost associated with providing the requested services. The District will consider and rate the explanation and details of the rates and fees. B. REFERENCES: (15 Points) List three (3) references, preferably from K-12 educational institutions (each with 30 or more sites), contracts providing similar services. The District will consider the acceptability of the three references presented by the proposers from customers with environments similar to the District. Reference information must include company name/project, contact name, address, telephone number and a valid email address. See reference form Attachment E. C. EXPERIENCE: (30 Points) Provide a detailed narrative that demonstrates your company experience in providing, installing, and maintaining like services for customers, knowledge of current state-of-the-art technology, and experiences in managing projects of similar scope and nature in a regional setting and with large K-12 educational institutions. The offeror must provide a history of the company, strength and stability, licensing information, years in providing Data Communications services. D. VALUE TO THE DISTRICT: (15 Points) Provide a detail narrative which explains your plan for configuring, managing, and deploying the solution to manage numerous locations. Outline methods you will use to track configuration, code versions, IP Addressing, physical location, individual Access Point configuration, VLAN and port membership, asset information etc. E. 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 Page 11 of 29 RFP No. 08-22/LM, Managed Internal Broadband Services (MIBS) 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. If a mutually acceptable contract between the District and the selected Proposers cannot be successfully negotiated and executed, then the District reserves the right to discontinue negotiations with such Proposers and to negotiate and execute a Contract with the next-ranked Proposers. Note section 4.4 above, where Proposers are requested to submit questions during the addendum process instead of taking exceptions within the proposal to the terms and conditions in this RFP. The District reserves all rights, in its sole discretion, not to issue an award to any Proposers, to cancel this RFP at any time, to reissue this RFP for any reason, or a combination of any or all 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 CERTIFICATION AND QUALIFICATIONS: Provide copies of the following (valid and current) licenses and/or certifications: Failure to provide this documentation may result in your proposal 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 must 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 adequate organization, facilities, equipment, 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 proposals Page 12 of 29 RFP No. 08-22/LM, Managed Internal Broadband Services (MIBS) where evidence submitted, investigation and/or evaluation, is determined to indicate inability of the proposer to perform. At a minimum the Contractor must have at least 1 engineer on staff, at time of bid submittal with an Extreme Certified Specialist (ECS) to include the following certifications: o SLX Configuration and Implementation o Data Center VDX VCS Fabric Configuration and Implementation o Campus Fabric Switching and Routing o Extreme Access Wireless WiNG o Extreme Access Wireless o Extreme Access Control o Extreme Management Center o Campus EXOS Switching and Routing or alternative manufacturers equivalent certification level. Proof of certification must be submitted with RFP bid submittal. Submittals received without proof of certification will not be considered for award. 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 all work papers will be provided to the District after the termination of the Contract. The parties understand and agree that the Contractor shall in no event have the reciprocal right to terminate the Contract; it being understood that the Districts payments to the Contractor forms the consideration for the Districts termination for convenience not being available to Contractor. In the event of the Districts termination of the Contract, the District (in its sole election) may also require the Contractor to provide the transition assistance as set forth in Section 11.6 of this RFP. 11.3 Breach of contract resulting in termination of the Contractor for cause may result in the Contractor being debarred from future solicitations pursuant to School Board Policy 7.70. 11.4 FORCE MAJEURE: Whenever the Contractors place of business, mode of delivery or source of supply has been disrupted by acts of government, God, civic commotion, or war, it shall be the https://urldefense.proofpoint.com/v2/url?u=https-3A__www.extremenetworks.com_education_courses_slx-2Dconfiguration-2Dand-2Dimplementation_&d=DwMFAg&c=xqeeNFbi0oBFbe4IznK4e--5GG6Clqq80LVi1AqPhGE&r=dAKvnkDaJKWpYpqSPAUk-xtx7cVC5sdP-3L_nn3JLKg&m=gyDuwUCFyPJc9h72uEVRK8klfrvEbJnoxgETQd_I4bx5P0-MHAFWBEKplmsqZKPl&s=3BEq6dwZBvqyu8FGgs9iln6x3fekk-usTO9HoMrtkZM&e= https://urldefense.proofpoint.com/v2/url?u=https-3A__www.extremenetworks.com_education_courses_data-2Dcenter-2Dvdx-2Dvcs-2Dfabric-2Dconfiguration-2Dand-2Dimplementation_&d=DwMFAg&c=xqeeNFbi0oBFbe4IznK4e--5GG6Clqq80LVi1AqPhGE&r=dAKvnkDaJKWpYpqSPAUk-xtx7cVC5sdP-3L_nn3JLKg&m=gyDuwUCFyPJc9h72uEVRK8klfrvEbJnoxgETQd_I4bx5P0-MHAFWBEKplmsqZKPl&s=wqv3ngz2WgCTV8EwiG72d8U6T4mX3QBFponbg5y42I8&e= https://urldefense.proofpoint.com/v2/url?u=https-3A__www.extremenetworks.com_education_courses_cfsr-2D1_&d=DwMFAg&c=xqeeNFbi0oBFbe4IznK4e--5GG6Clqq80LVi1AqPhGE&r=dAKvnkDaJKWpYpqSPAUk-xtx7cVC5sdP-3L_nn3JLKg&m=gyDuwUCFyPJc9h72uEVRK8klfrvEbJnoxgETQd_I4bx5P0-MHAFWBEKplmsqZKPl&s=tAhbu6OE1mEx4A5CajrYlixbxb6yWiDzJ0i5HYtH66o&e= https://urldefense.proofpoint.com/v2/url?u=https-3A__www.extremenetworks.com_education_courses_eacw-2D1_&d=DwMFAg&c=xqeeNFbi0oBFbe4IznK4e--5GG6Clqq80LVi1AqPhGE&r=dAKvnkDaJKWpYpqSPAUk-xtx7cVC5sdP-3L_nn3JLKg&m=gyDuwUCFyPJc9h72uEVRK8klfrvEbJnoxgETQd_I4bx5P0-MHAFWBEKplmsqZKPl&s=3yx0tfhO5m1nBUKmwB2xXyx6nQC2jx0Tzl4q2OSi3a4&e= https://urldefense.proofpoint.com/v2/url?u=https-3A__www.extremenetworks.com_education_courses_eaw-2D1_&d=DwMFAg&c=xqeeNFbi0oBFbe4IznK4e--5GG6Clqq80LVi1AqPhGE&r=dAKvnkDaJKWpYpqSPAUk-xtx7cVC5sdP-3L_nn3JLKg&m=gyDuwUCFyPJc9h72uEVRK8klfrvEbJnoxgETQd_I4bx5P0-MHAFWBEKplmsqZKPl&s=8Y5qvzMbN0cNJZKRJYkY-TPSQkIc48n6Pzqzkc-nOW0&e= https://urldefense.proofpoint.com/v2/url?u=https-3A__www.extremenetworks.com_education_courses_eac-2D1_&d=DwMFAg&c=xqeeNFbi0oBFbe4IznK4e--5GG6Clqq80LVi1AqPhGE&r=dAKvnkDaJKWpYpqSPAUk-xtx7cVC5sdP-3L_nn3JLKg&m=gyDuwUCFyPJc9h72uEVRK8klfrvEbJnoxgETQd_I4bx5P0-MHAFWBEKplmsqZKPl&s=0XvhqlDr69rWzYNT1zzVfcPfy9cgVmiBjCxA4mOTPZs&e= https://urldefense.proofpoint.com/v2/url?u=https-3A__www.extremenetworks.com_education_courses_emgmt-2D1_&d=DwMFAg&c=xqeeNFbi0oBFbe4IznK4e--5GG6Clqq80LVi1AqPhGE&r=dAKvnkDaJKWpYpqSPAUk-xtx7cVC5sdP-3L_nn3JLKg&m=gyDuwUCFyPJc9h72uEVRK8klfrvEbJnoxgETQd_I4bx5P0-MHAFWBEKplmsqZKPl&s=TeXESJGjoqMIFvb-4N195ZCPGwLkmRY-0Jw5ZQKdCTg&e= https://urldefense.proofpoint.com/v2/url?u=https-3A__www.extremenetworks.com_education_courses_ecs-2Dexos-2D1_&d=DwMFAg&c=xqeeNFbi0oBFbe4IznK4e--5GG6Clqq80LVi1AqPhGE&r=dAKvnkDaJKWpYpqSPAUk-xtx7cVC5sdP-3L_nn3JLKg&m=gyDuwUCFyPJc9h72uEVRK8klfrvEbJnoxgETQd_I4bx5P0-MHAFWBEKplmsqZKPl&s=Au7vns_vOBqTywDS_gvqPB9eLS2oX2bSy7QM-L7xON8&e= Page 13 of 29 RFP No. 08-22/LM, Managed Internal Broadband Services (MIBS) 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 The District is committed to a policy of providing equal job opportunities on public contracts and prohibiting discrimination against any employee, applicant, or Subcontractor. Accordingly, Contractor represents and warrants to the District that Contractor does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Contractors performance under the Contract on account of a persons actual or perceived identity with regard to race, color, religion, gender or gender identity, age, marital status, disability, sexual orientation, political or religious beliefs, national or ethnic origin, veteran status, any other protected status under applicable law, or any other distinguishing physical or personality Page 14 of 29 RFP No. 08-22/LM, Managed Internal Broadband Services (MIBS) characteristics. Contractor further covenants that no otherwise qualified individual shall, solely by reason of his/her actual or perceived identity with regard to race, color, religion, gender or gender identity, age, marital status, disability, sexual orientation, political or religious beliefs, national or ethnic origin, veteran status, any other protected status under applicable law, or any other distinguishing physical or personality characteristics, be denied the benefits of, or be subjected to discrimination, or be denied access and services, under any provision of the Contract. 13.3 Respondents affirm by submitting their proposals that they are equal opportunity and affirmative action employers and shall comply with all applicable federal, state and local laws and regulations including, but not limited to: Executive Order 11246 as amended by 11375 and 12086; 12138; 11625; 11758; 12073; the Rehabilitation Act of 1973, as amended; the Vietnam Era Veterans Readjustment Assistance Act of 1975; Civil Rights Act of 1964; Equal Pay Act of 1963; Age Discrimination Act of 1967; Immigration Reform and Control Act of 1986; Public Law 95-507; the Americans with Disabilities Act; 41 CFR Part 60 and any additions or amendments thereto. 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 Page 15 of 29 RFP No. 08-22/LM, Managed Internal Broadband Services (MIBS) delivery of the Contract and the terms and conditions herein have been duly authorized by proper corporate and/or partnership action (as the case may be). 13.6.2 The Contractor shall comply with all applicable federal, State, and local laws, ordinances, rules, and regulations pertaining to the performance of the Services and all matters pertaining to the Contract, as the same exist and as they may be amended from time to time. 13.6.3 Each Party agrees to continue performing its obligations under the Contract while any dispute is being resolved (except to the extent the issue in dispute precludes performance); provided, however, that any dispute over payment shall not be deemed to preclude performance 13.6.4 Each Party agrees that, in its respective dealings with the other Party under or in connection with the Contract, it shall act in good faith. 13.6.5 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 16 of 29 RFP No. 08-22/LM, Managed Internal Broadband Services (MIBS) 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 General Counsel 1701 Prudential Drive 1701 Prudential Drive, Room 340 Jacksonville, Florida 32207 Jacksonville, Florida 32207 Phone: (904) 348-7133 Phone: (904) 390-2302 Attn: Stephen Mclaughlin Email: mclaughlis@duvalschools.org mailto:mclaughlis@duvalschools.org Page 17 of 29 RFP No. 08-22/LM, Managed Internal Broadband Services (MIBS) Notwithstanding the foregoing, the parties agree that all communications relating to the day-to- day activities shall be exchanged between the respective representatives of the District and the Contractor. Once so designated, each partys representative shall coordinate communications and processes as needed for the purposes of conducting the services set forth in the Contract, as well as the process for routine or administrative communications. The parties shall also reasonably cooperate as to the development (including content and format) of the invoicing and any reports to be provided by Contractor as part of the services. For the purpose of the Districts representative for the day-to-day activities, the Districts Administrator shall be: Duval County Public Schools Attn: Stephen, 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 Contractors, 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. Page 18 of 29 RFP No. 08-22/LM, Managed Internal Broadband Services (MIBS) Second, Addenda (if any) released for this RFP, with the latest Addendum taking precedence. Third, the RFP, and Last, the awardees Proposal. 13.7.17 The District shall issue payment in accordance with Sections 218.70. et sq. Florida Statutes, Local Government Prompt Payment Act, after receipt of an acceptable invoice, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the agreement. Any Penalty for delay in payment shall be in accordance with applicable law. No payment shall be made for travel. Each payment obligation of the District created by the agreement is conditioned upon the availability of funds that are appropriated or allocated for the payment of services or products. If such funds are not allocated and available, the agreement may be terminated by the District at the end of the period for which funds are available. The District shall notify the Contractor at the earliest possible time before such termination. No penalty shall accrue to the District in the event this provision is exercised, and the District shall not be obligated or liable for any future payments due or for any damages as a result of termination under this section. 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 Page 19 of 29 RFP No. 08-22/LM, Managed Internal Broadband Services (MIBS) 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. 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 sha 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 Page 20 of 29 RFP No. 08-22/LM, Managed Internal Broadband Services (MIBS) 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 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 Contractor/contractor, the Contractor/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 Contractor/contractor shall conform to the requirements set forth herein. Page 21 of 29 RFP No. 08-22/LM, Managed Internal Broadband Services (MIBS) a. The Contractor/contractor insurance, or self-insurance, shall cover the Contractor/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 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 Contractor/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 Contractor/contractor is exempt from the insurance requirement under F.S. 440. 2. Commercial General Liability. The Commercial General Liability insurance provided by the Contractor/contractor shall conform to the requirements hereinafter set forth: a. The Contractor/contractors insurance shall cover those sources of liability which would be covered by the latest occurrence form edition of Page 22 of 29 RFP No. 08-22/LM, Managed Internal Broadband Services (MIBS) 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. b. The minimum limits to be maintained by the Contractor/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 Contractor/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 insured 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 Contractor/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 Contractor/contractor shall conform to the requirements hereinafter set forth: a. The Contractor/contractors insurance shall cover the Contractor/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 Page 23 of 29 RFP No. 08-22/LM, Managed Internal Broadband Services (MIBS) 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 Contractor/contractor (inclusive of any amounts provided by an umbrella or excess policy) shall not be less than: $1,000,000 Each Occurrence - Bodily Injury and Property Damage Combined B. EVIDENCE OF INSURANCE. Except as may be otherwise expressly specified in this Exhibit, the insurance shall commence at or prior to the execution of this Agreement by the District and shall be maintained in force throughout the term of this Agreement. The Contractor/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 Contractor/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 Contractor/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 Insured in the Commercial General Liability coverage. Page 24 of 29 RFP No. 08-22/LM, Managed Internal Broadband Services (MIBS) 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 Contractor/contractor as set forth in this Agreement, the Contractor/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 Contractor/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 Contractor/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 Contractor/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 Contractor/contractor has knowledge of any such failure; the Contractor/contractor shall immediately notify the District and immediately replace the insurance provided by the insurer with an insurer meeting these requirements. Until the Contractor/contractor has replaced the unacceptable insurer with an insurer acceptable to the District, the Contractor/contractor shall be in default of this Agreement. 4. Primary and Non-Contributory. The insurance provided by the Contractor/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. Page 25 of 29 RFP No. 08-22/LM, Managed Internal Broadband Services (MIBS) 5. Additional Remedy. Compliance with the insurance requirements of this Agreement shall not limit the liability of the Contractor/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 Contractor/contractor shall relieve the Contractor/contractor of the Contractor/contractors full responsibility to provide the insurance as required by this agreement. 17.0 INDEMNIFICATION / HOLD HARMLESS AGREEMENT: 17.1 The Contractor shall, in addition to any other obligation to indemnify the School Board of Duval County, Florida, and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the District, its agents, officers, elected officials, employees and volunteers from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any actual or alleged bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting from, or any other damage or loss arising out of, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractor, subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the work; or violation of law, statute, ordinance, governmental administration order, rule or regulation by the Contractor in the performance of the work; or liens, claims or actions made by the Contractor or any subcontractor or other party performing the work. 17.2 Contractor represents that it has all intellectual property rights necessary to enter into and perform its obligations in the Agreement. Contractor will indemnify and hold harmless the District from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, service marked, trademarked, patented or unpatented invention, process, article, or work manufactured or used in the performance of the Agreement, including its use by the District. If contractor uses any design, device, materials or works covered by letters, service mark, trademark, patent, copyright, or any other intellectual property right, it is mutually agreed and understood without exception that the proposal prices will include all royalties or costs arising from the use of such design, device or materials in any way involved in the work. Contractor shall defend, indemnify, and hold the District and its successors and assigns harmless from and against all third- party claims, suits, and proceedings and any and all damages, liabilities, costs, and expenses (including reasonable attorneys fees and court costs) incurred as a result of (i) infringement by Contractor of any third-party patent, copyright, or trademark of (ii) misappropriation by Contractor of any third-party trade secret in connection with any of the foregoing. 17.3 The indemnification obligations hereunder shall not be limited to any extent on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' compensation acts, disability benefit acts, other employee benefit acts or any statutory bar. Page 26 of 29 RFP No. 08-22/LM, Managed Internal Broadband Services (MIBS) 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 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 tra