Finger Printing Services

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 FAX: (904)858-4868 Jacksonville, FL 32207 June 10, 2021 Fieldprint, Inc. 12000 Commerce Parkway Mount Laurel, NJ 08053 RE: ITB-007-19/JR Dear Sir/Madam: On Thursday, June 10, 2021, the Superintendents designee of Duval County Public Schools renewed the contract for ITB-007-19/JR Finger Printing Services with your company. This is your official notification of renewal. This is the last renewal option for the period of October 1, 2021 through September 30, 2022. Please forward a copy of your insurance certificate as required per special condition #11 to the buyer, James Robinson. (Email and fax are both acceptable.) If you have any questions about this contract, please contact James Robinson at (904)

858-4837. Thank you for your interest in Duval County Public Schools. Terrence Wright, Director DCPS Purchasing Services cc James Robinson Master Bid File eile re http://www.duvalschools.org/ 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 FAX: (904)858-4868 Jacksonville, FL 32207 August 10, 2020 Fieldprint, Inc. 12000 Commerce Parkway Mount Laurel, NJ 08053 RE: ITB-007-19/JR Dear Sir/Madam: On Friday, August 7, 2020, the Superintendents designee of Duval County Public Schools renewed the contract for ITB-007-19/JR Finger Printing Services with your company. This is your official notification of renewal. This is the second renewal option for the period of October 1, 2020 through September 30, 2021. Please forward a copy of your insurance certificate as required per special condition #11 to the buyer, James Robinson. (Email and fax are both acceptable.) If you have any questions about this contract, please contact James Robinson at (904) 858-4837. Thank you for your interest in Duval County Public Schools. Terrence Wright, Director DCPS Purchasing Services cc James Robinson Master Bid File eile re http://www.duvalschools.org/ 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 FAX: (904)858-4868 Jacksonville, FL 32207 December 16, 2019 Fieldprint, Inc. 12000 Commerce Parkway Mount Laurel, NJ 08053 RE: ITB-007-19/JR Dear Sir/Madam: On Monday, December 16, 2019, the Superintendents designee of Duval County Public Schools renewed the contract for ITB-007-19/JR Finger Printing Services with your company. This is your official notification of renewal. This is the first renewal option for the period of October 1, 2019 through September 30, 2020. Please forward a copy of your insurance certificate as required per special condition #11 to the buyer, James Robinson. (Email and fax are both acceptable.) If you have any questions about this contract, please contact James Robinson at (904) 858-4837. Thank you for your interest in Duval County Public Schools. Terrence Wright, Director DCPS Purchasing Services cc James Robinson Master Bid File eile re 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 FAX: (904)858-4868 Jacksonville, FL 32207 October 4, 2018 Fieldprint, Inc. 12000 Commerce Parkway Mount Laurel, NJ 08053 RE: ITB-007-19/JR Dear Sir/Madam: On Wednesday, October 3, 2018, the Superintendent designee of Duval County Public Schools approved the award of bid ITB-007-19/JR Finger Printing Services. This is your official notification of bid award. This award is for the period of date of award through September 30, 2019. In accordance with SC #11, please forward an updated copy of your insurance certification. If you have any questions about this contract, please contact James Robinson at (904) 858-4837. Thank you for your interest in Duval County Public Schools. Terrence Wright, Director DCPS Purchasing Services Cc: James Robinson Master Bid folder eile re fieldprint FINGERPRINT SERVICES AGREEMENT (Florida School Districts) This SERVICES AGREEMENT (the Agreement), is made and entered into as of this 3 day of October, 2018 (the Effective Date), by and between Fieldprint, Inc., a Delaware corporation, with offices located at 12000 Commerce Parkway, Suite 100, Mt. Laurel, NJ 08054 (Fieldprint), and The School Board of Duval County, Florida with offices located at 1701 Prudential Dr., Jacksonville Florida 32207 (End- User). In consideration of the mutual covenants, promises and agreements contained herein, the parties, intending to be legally bound hereby, agree as follows: 1. Fieldprint Services Subject to the terms and conditions set forth herein, Fieldprint, shall provide fingerprint collection and submission to the Florida Department of Investigation and FBI as more particularly set forth in the Statement of Work as set forth in Schedule A. Ifthe services described in Schedule A include the placement of a Fieldprint Station at the End-Users location, the terms of Schedule B shall also apply. Fees; Expenses; Payment Terms; Suspension for Non-Payment a. Fees In consideration of the services to be rendered by Fieldprint hereunder, End-User shall pay to Fieldprint a fee as set forth on Schedule C (the Fee). The Fee is subject to change upon sixty (60) days notification to End-User and upon mutual agreement of the parties. b. Payment Terms Payment of Fieldprints services hereunder shall be paid by the individual applicants at www. fieldprintflorida.com. 3. Term and Renewal; Termination; Cancellation; Effect of Termination a. This Agreement will become effective on the Effective Date and will remain in effect for an initial period of three (3) years from the Effective Date. b. The term of this Agreement shall automatically renew thereafter for additional one (1) year periods up to 3 years from expiration of this agreement; provided, however, End-User shall have the right, in its sole discretion, to cancel, not renew or terminate this Agreement with ninety (90) days notice to the Fieldprint. c. Fieldprint shall have the right, in its sole discretion, to cancel, not renew or terminate this Agreement with ninety (90) days notice to End-User. d. With just cause, such as a delinquency or violation of the terms of this Agreement or a legal requirement, or a material change in existing legal requirements which adversely affect this Agreement, Fieldprint may, upon its election, discontinue serving End-User and suspend, modify or Rev. 10.1.10 NAE Fingerprint Administration Services Agreement (DCF/VECHS) 4. 6. cancel this Agreement immediately. Upon termination or expiration, neither party shall have any further rights or obligations hereunder except for (i) the parties respective surviving obligations under this Agreement, and (i) End-Users obligation to pay Fieldprint the Fees and Expenses due and payable as of the date of termination or expiration. Mutual Indemnification Fieldprint and End-User agree to be fully responsible for their own acts of negligence or their respective agents acts of negligence, or their respective agents acts of negligence when acting within the scope of their employment and agree to be liable for any damages proximately caused thereby; provided, however, Fieldprint and End-User agree that End-Users liability is subject to the monetary limitations and defenses imposed by Section 768.28, Florida Statutes, Nothing herein is intended to serve as waiver of sovereign immunity by End-User, nor shall anything herein be construed as consent by End-User to be sued by any third party for any cause or matter arising out of related to this agreement. Representations, Warranties and Covenants The parties hereby represent warrant and covenant as follows: a. Compliance with Laws Each party hereby covenants that, in accepting and using the fingerprint administration services, its employees, agents and subcontractors shall comply with the requirements of the Americans with Disabilities Act, 42 U.S.C. 12111 etseq., the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., all Equal Employment Opportunity laws, and any other applicable federal, state and/or local laws, statutes or regulations pertaining to fingerprinting, to the extent applicable (the Laws). The parties agree to conform their conduct pursuant to this Agreement to meet all legal requirements, as they may change, and an actual amendment to this Agreement is not required. b. Confidentiality and Data Protection In accordance with the provisions of the Laws, Fieldprint and End-User each acknowledge that the information to be provided by Fieldprint to End-User and by End-User to Fieldprint pursuant to this Agreement is sensitive, privileged and confidential. Fieldprint will communicate such information only to such employees of End-User as are designated by End-User (the Authorized Employees). End-User agrees to make all Authorized Employees aware of the sensitive, privileged and confidential nature of information pursuant to the Laws. Fingerprint results and other information shared between the parties shall not be shared, disseminated or republished in any manner by either party or its employees, representatives or agents, except only as required or permitted by law or to provide the services hereunder. Each party shall take appropriate measures designed to limit unauthorized access to fingerprint results to protect all data containing personal identifying information. Access to Fieldprints Web Site If End-User utilizes Fieldprints Web site, Authorized Employees, as identified by End-User, will be assigned unique user names and passwords (Access Codes) to allow access to Fieldprints Web site. End-User shall ensure that prior to requesting Access Codes for Authorized Employees, End-User shall provide adequate training to any Authorized Employees regarding the requirements of this Agreement and any applicable laws. End-User acknowledges and agrees that it is responsible for any activities performed through the Web site using the assigned Access Codes. End-User agrees to notify Fieldprint in writing immediately if it wishes to deactivate or disable any Access Codes. Rey. 10.1.10 NAE Fingerprint Administration Services Agreement (Florida School Districts) 11 13. 14. Rev, Force Majeure Neither party shall be liable to the other nor be deemed to have defaulted under or breached this Agreement for any failures, errors, delays or other conditions or consequences arising from or caused by events beyond a partys control, including, without limitation, sabotage, terrorism, failures or delays in information technology and/or systems, equipment or communication, labor disputes, accidents, computer hacking, computer viruses or acts of God or nature. Independent Contractors; Nonexclusive Fieldprint and End-User are independent contractors and will so represent themselves in all regards. Neither party may bind the other in any way. Nothing in this Agreement will be construed to make either party the agent or legal representative of the other or to make the parties partners or joint venturers. Survival of Rights The rights and responsibilities of sections 2 (fees, expenses/pass through costs), 4 (indemnification and liability), and 5(b) (confidentiality and data protection) shall survive the termination of this Agreement. Entire Agreement This Agreement represents the entire agreement between the parties and supersedes all prior and/or contemporaneous agreements, express or implied, oral or written, relating to the subject matter contained herein, and may not be modified or amended except in writing signed by authorized representatives of both parties, Governing Law This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida without regard to its conflicts of law principles. Binding Nature and Assignment This Agreement will be binding on the parties and their respective successors and permitted assigns. Except as provided herein, neither party has the power to assign this Agreement without the prior written consent of the other party, which shall not be unreasonably withheld. Should assignment be granted by the non-assigning party, the party assigning this Agreement shall remain fully liable for and shall not be relieved from the full performance of all obligations under this Agreement. Counterparts; Facsimile and Electronic Signatures This Agreement may be executed by exchange of signature pages by facsimile and/or or other "electronic signature" (as defined in the Electronic Signatures in Global and National Commerce Act of 2000) ina manner agreed upon by the parties hereto; and/or in any number of counterparts, each of which shall be an original as against any party whose signature appears thereon and all of which together shall constitute one and the same instrument. Notices All notices or other communications to be given hereunder shall be given in writing and delivered by (a) certified mail, return receipt requested, (b) personal delivery, (c) facsimile, or (d) express carrier addressed as follows: 10.1.10 NAE Fingerprint Administration Services Agreement (Florida School Districts) If to Fieldprint: If to End-User: Fieldprint, Inc. Attention: N. Alexander Erlam, Esq. 12000 Commerce Parkway Mt. Laurel, NJ 08054 Telephone: (888) 369-2612, Ext. 2021 Facsimile: (856) 396-2503 Email: aerlam@fieldprint.com School Board of Duval County Attention: Melinda Starling Address: 1701 Prudential Jacksonville, FL 32207 Telephone: (904) 390-2693 Email: starlingm] @duvalschools.org IN WITNESS WHEREOF, the parties hereto have executed and delivered this Fingerprint Services Agreement by their duly authorized representatives to bind the parties by the terms hereof on the date first written above. FIELDPRINT, INC. BY: fo Anthony DOrazio CEO The School Board of DuyAl County, Florida (Pursuant to Board Policy 7.41) Form Approved with attached Standard Addendum Rev. 10.1.10 NAE Fingerprint Administration Services Agreement (Florida School Districts) Schedule A STATEMENT OF WORK Upon execution of this Statement of Work (SOW) will confirm the mutual understanding and agreement of The School District of Duval County Florida (End-User) and Fieldprint, Inc. (Provider) as to the terms and conditions pursuant to which Provider will perform the services described herein. Provider and The School District of Duval County Florida may be referred to herein as party and together as the parties. The terms and conditions of this SOW are as follows: A. This SOW is entered into by parties under the provisions of the Fingerprint Services Agreement between each of The School District of Duval County Florida and Provider and, except as otherwise provided in this SOW, all provisions of the Fingerprint Services Agreement are applicable to and incorporated by reference into this SOW. B. During the term of this SOW, Provider will perform the Services herein. Provider will be paid in accordance with the Schedule C found with the Fingerprint Services Agreement. Provider Services/Process Upon execution of the Fingerprint Services Agreement, Provider agrees to provide a web registration process specific to The School District of Duval County Florida applicants, collect demographic and biographic information required for the FDLE/FBI, and enable electronic payment on the scheduling site. In regards to the Fieldprint Fingerprint Collection network, The School District of Duval County Florida vendor applicants will be able to schedule fingerprint appointments and be fingerprinted in any of the Florida Fieldprint locations enabled with photo capability. The vendor applicant will be fingerprinted and photographed at the Livescan facility. In regards to The School District of Duval County Florida, employee applicants by fingerprinting via the following Fieldprint Livescan stations: Fieldprint will deliver, install and maintain two (2) Fieldprint Stations. The School District of Duval County Florida will be able to schedule applicants for the provided Fieldprint Stations. Fieldprint will also train staff on the use of the Livescan stations. In regards to the MyFieldprint Administrative Website, Provider will issue usernames and passwords to The School District of Duval County Florida in accordance with the users access rights, provide the ability for The School District of Duval County Florida users to query applicant information, enable portal users to verify applicant statuses, create notes, enable The School District of Duval County administrative users to create reports, issue vendor badges and archive applicant data. MyFieldprint.com includes the ability to store/maintain data on School District Duval County Server. Rev. 10.1.10 NAE Fingerprint Administration Services Agreement (Florida School Districts) 1, SCHEDULE B CLIENT-LOCATED FIELDPRINT STATION SERVICES TERMS & CONDITIONS Services End-User desires, and Provider has agreed to provide, under the terms and conditions hereunder, for placement at End-Users location(s) as listed on Exhibit A hereto, biometric products and services, including but not limited to, Livescan device, workstation, computer cart, electronic signature pad, monitor, routers, keyboard and any other items provided by Provider to End-User (collectively known as the Fieldprint Station). Representations of Provider Fieldprint shall provide End-User with temporary possession of the Fieldprint Station and shall maintain the Livescan device and all related hardware and software. Provider and Fieldprint, the licensor(s) of the Fieldprint Station, at all times, shall be the owner of the Fieldprint Station, including the Livescan device, computer cart, monitor, keyboard, electronic signature pad, mouse, and any other hardware or software delivered by Fieldprint to End-User. Provider shall ship or deliver, at its cost, all of the Fieldprint Station hardware and software to End-User via a reputable shipper, FOB, insured. _In the event of return, or refusal to accept delivery, of the Fieldprint Station hardware and software by End-User, End-User shall be responsible for reimbursing Provider for all costs associated with such shipment. Fieldprint shall provide a Help Desk to End-User for assistance with technical support for the Fieldprint Station hardware and software, via a toll-free telephone number, Monday through Friday, 9am-5pm Eastern Time. Fieldprint shall furnish all parts and components necessary for the maintenance of the Fieldprint Station, or shall direct a third party at its discretion, to furnish said parts and components to End-User as may be necessary. At its discretion, Provider/Fieldprint may request that a trained End-User employee install any hardware or software for maintenance, repair, or replacement purposes. At its sole discretion, Fieldprint reserves the right to dispatch, or cause a third party to dispatch, personnel to End- User to repair or maintain any component of the Fieldprint Station. Fieldprint represent and warrants that (a) Fieldprint is authorized to sell the Fieldprint Services and that no third party holds any copyright or other right to the Fieldprint Services or any portion thereof, (b) the sale of the Fieldprint Services to the End-User under these Terms and Conditions does not violate any agreement to which Provider or Fieldprint is a party. Representations of End-User End-User shal] assist Provider personnel in the acceptance of the shipment of the Fieldprint Station components and in coordination and assistance with the installation and hook-up of the Fieldprint Station at a mutually agreeable location within the End-User location. End-User shall provide a location for the Fieldprint Station within a secured area of the premises. The Fieldprint Station shall be placed at such designated secured areas protected from access by the public including but not limited to: locked and alarmed rooms, within locked cages or other similar structures. End-User shall provide uninterrupted continuous connectivity to the internet, to include a high speed connection (DSL, Cable, T1 or similar broadband connection). In the event of a loss of connectivity to the internet for any reason, End-User shall provide, at its own cost, the necessary communication infrastructure for the continued uninterrupted connectivity to the internet. End-User acknowledges that it is solely responsible for personnel who will be accessing and using the Fieldprint Station. Provider will provide reasonable training to End-User personnel who will operate the Fieldprint Station but End-User shall remain responsible for ensuring they understand the fingerprint administration process, training and legal compliance. End-User reserves the right to terminate these Terms and Conditions if, in its sole determination, the Fieldprint Station is being used in a manner that is in conflict with these Terms and Conditions. End-User personnel using the Fieldprint Station to capture fingerprints shall follow all applicable rules and guidelines associated with such collection, including conducting visual confirmation of the identity of the Rey. 10.1.10 NAE Fingerprint Administration Services Agreement (Florida School Districts) 4, Use of Fieldprint Station Fieldprint Applicant using the individuals government-issued photo identification. End-User is solely responsible for the conduct of its personnel using the Fieldprint Station. End-User shall use the Fieldprint Station and the Fieldprint Station Software only for its intended use in furtherance of the Fieldprint Services for submission to FINRA. End-User is strictly prohibited from using the Fieldprint Station Software or any of the Fieldprint Station components, including but not limited to the computer and peripherals, and all other hardware, for any purpose whatsoever that is not connected to or in furtherance with the Fieldprint Services. End-User shall never exchange, swap, sell, trade, discard or give the Fieldprint Station or the Fieldprint Station Software to any third party unless at the written request of Provider. Term and Termination Effect of Termination These Terms and Conditions will become effective on the Effective Date of the Fingerprinting Services Agreement and will remain in effect for the same period therewith. The term of these Terms and Conditions shall automatically renew as set forth and in accordance with the Fingerprinting Services Agreement. In the event a party is in material breach of these Terms and Conditions, these Terms and Conditions may be terminated immediately by the non-breaching party, provided that notice describing the breach has been provided to the breaching party and the breaching party has failed to cure such breach within forty-eight (48) hours of its receipt thereof. Should End-User desire to return the Fieldprint Station at any time during the Term, such return shall be considered a termination of the Terms and Conditions. Should this agreement terminate during the first two years of the term, for any reason, End-User shall be responsible, as follows: a. Return to Fieldprint the Fieldprint Station in its entirety for delivery no later than five (5) days from the effective date of the termination. The End-User shall be responsible for any damage to the Fieldprint Station in preparation for, and during, its return to Provider. The End-User will bear all freight, shipped FOB, using a reputable carrier, insurance at a minimum of $10,000.00 and other shipping expenses, as well as any special packing expenses incurred in connection with the return of the Fieldprint Station to Fieldprints address set forth below: Fieldprint, Inc. 400 Lippincott Drive Suite 115 Marlton, NJ 08053 Loss and Insurance a With respect to End-Users performance under these Terms and Conditions, End-User shall reimburse Provider for any (1) broken component of the Fieldprint Station (through negligence, abuse, or misuse), and for any (2) stolen or missing component(s) of the Fieldprint Station which is within the End-Users control at the End- Users premises at the time of the loss. End-User shall at its sole cost and expense: 1) maintain the insurance coverages and limits required by this Section, and any additional insurance required by law, at all times during the term of these Terms and Conditions and until completion of all services associated with these Terms and Conditions, whichever is later; and 2) Provider shall deliver a Certificate of Insurance evidencing the required insurance coverages with Provider named as an Additional Insured at the execution of these Terms and Conditions and upon renewal of any insurance policy required in this section, The parties agree that the failure of Provider to demand such Certificate of Insurance or failure of End-User to identify a deficiency will not be construed as a waiver of End-Users obligation to maintain the insurance required under these Terms and Conditions; Provider may meet the required insurance coverages and limits with any combination of primary and Umbrella/Excess liability insurance; and Provider is responsible for any deductible or self-insured retention. Rev, 10.1.10 NAE Fingerprint Administration Services Agreement (Florida School Districts) d, The insurance coverage required by this Section includes: 1) Commercial General Liability insurance providing equivalent coverage, covering liability arising from premises, operations, personal injury, products/completed operations, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with limits of at least: a) $1,000,000 General Aggregate limit b) $1,000,000 each occurrence limit for all bodily injury or property damage incurred in any one (1) occurrence c) $1,000,000 each occurrence limit for Personal Injury and Advertising Injury d) $50,000 Damage to Premises Rented to You (Fire Legal Liability) 2) Umbrella/Excess Liability insurance with limits of at least $250,000 each occurrence with terms and conditions at least as broad as the underlying Commercial General Liability, and Employers Liability policies, Umbrella/Excess Liability limits will be primary and non-contributory with respect to any insurance or self-insurance that is maintained by End-User. 3) Fidelity or Crime insurance covering employee dishonesty at a minimum limit of $10,000, including but not limited to dishonest acts of End-User, its employees, agents, subcontractors and anyone under End- Users supervision or control. 4) Personal Property coverage on a Special Perils Form including coverage for Personal Property of Others. Provider must be named as a loss payee as respects the Fieldprint Station. a. Confidential Personal Data End-User acknowledges that certain Fieldprint Applicant confidential information (Confidential Personal Data) to which End-User may be exposed by using the Fieldprint Station may include, without limitation, private personal identifying information of Fieldprint Applicants, including the Confidential Personal Data of prospective or present employees, affiliates, agents, contractors, representatives and others. End-User acknowledges that such Confidential Personal Data shall be treated by End-User and by End-Users personnel as strictly confidential in accordance Fieldprints Fieldprint Station Security Guidelines, attached hereto and incorporated herein by reference as Exhibit C, and in accordance with Fieldprints privacy policies, and all state, federal and international privacy and data protection laws. b. Non-Disclosure of Data End-User shall implement commercially reasonable and industry acceptable measures in order to prevent third parties, including, but not limited to, its customers, vendors, independent contractors, subcontractors, unauthorized employees and hackers, from gaining unauthorized access to the Confidential Personal Data of Fieldprint Applicants and shall implement commercially reasonable and industry acceptable measures to prevent the Confidential Personal Data from being read, copied, altered or deleted by unauthorized parties from the Fieldprint Station. Audit and Customer Service Surve' End-User has the right to collect, transmit, monitor, retrieve, store and use the Confidential Personal Data only as described in these Terms and Conditions for the limited purposes of furtherance of the Fieldprint Services for submission to FINRA. Provider and/or its Fieldprint Applicant, at its sole discretion, reserves the right to audit End-Users access to and use of the Confidential Personal Data, including End-Users information systems security features, physical site security, systems access controls and procedures, and data distribution mechanisms and practices applicable to security of the Confidential Personal Data, for the purpose of verifying End-Users compliance with its obligations under this Section; provided, however, that any such audit activities involving access to or visits to End-User facilities shall only be after reasonable advance notice, during End-Users normal business hours, and without disruption to End-Users business. Rev. 10.1.10 NAE Fingerprint Administration Services Agreement (Florida School Districts) End-User represents and warrants that it is able to enter into these Terms and Conditions without interference with, or violation of, any other agreement, or relationship, or property right or to any other legal requirement. End-User shall have no right to, and agrees that it shall not, copy or modify the software within the Fieldprint Station (Fieldprint Station Software) nor shall End-User create derivative works from the Fieldprint Station Software, attempt to alter, modify, decompile, disassemble or reverse engineer the Fieldprint Station Software. Nothing in these Terms and Conditions shall be deemed to grant End-User any right or authority, by license, implication, estoppel or otherwise, to modify (or have modified) or manufacture (or have manufactured) the Fieldprint Station Software or any hardware or components or any portion of the Fieldprint Station Software or hardware. Ownership 1) End-User acknowledges and agrees that Fieldprint is and will remain the sole and exclusive owner of the Fieldprint Station and any and all intellectual property incorporated in the Fieldprint Station and of any corrections, modifications, updates, enhancements, and new or revised versions thereof, and of any subsequently derived and/or successor technologies developed therefrom. 2) Provider and Fieldprint have the right to use the Fieldprint Station Software and to permit End-User to use such software. As between Provider and Fieldprint and End-User, Fieldprint owns all right, title and interest in any custom applications created by Fieldprint through the licensed use of the Fieldprint Station Software. Notice of Unauthorized Duplication End-User shall promptly notify Provider of any unauthorized third party duplication and/or manufacturing, distribution or use of any component of the Fieldprint Station, including the Fieldprint Station Software and hardware, which comes to the attention of End-User, and shall upon the request of Provider, provide Provider with such reasonable assistance as is necessary to stop such activities. Notwithstanding the foregoing, End-User shall be fully responsible and liable to Provider for any unauthorized duplication pursuant to this Section 7(g). Servicemarks and Trademarks Neither Party shall use trademarks or trade names of the other nor its affiliates, including Fieldprint, Inc., nor those of providers or resellers associated with the Fieldprint Station services, in any manner except as previously authorized in writing. Both Parties shall discontinue use of any trademark or trade names and its affiliates immediately upon expiration or earlier termination of these Terms and Conditions. 9. Confidential Information - Restrictive Covenant a In addition to the confidentiality requirements under the Fingerprinting Services Agreement, it is expected that End-User will have access to Confidential Information (defined herein) concerning the business and operations of Provider and/or the Fieldprint Applicants (for purposes of this Paragraph 8, Provider, Fieldprint and the Fieldprint Applicants are collectively referred to as Provider). End-User acknowledges that (i) all such Confidential Information shall remain the sole property of Provider; (ii) that disclosure thereof is being made only because of the position of trust and confidence which it will occupy because of its agreement to the restrictions herein contained; (iii) that its unauthorized disclosure or use by End-User of such Confidential Information would likely cause irreparable harm; and, (iv) that the restrictions imposed upon herein are reasonable. Nothing herein shall be construed as a grant by Provider to End-User or any third party of any license, directly or by implication, estoppel or otherwise, in any Confidential Information. Nothing contained herein shall create any obligation on the part of Provider to provide End-User with any Confidential Information. The Parties hereby agree to the following restrictions during the period commencing with the Effective Date and continuing for a six (6) year period after the expiration or termination of these Terms and Conditions (hereinafter, the Restricted Period): 1) End-User shall not directly or indirectly recruit, solicit or otherwise induce or influence any employee or contractor of Provider to discontinue his or her affiliation, employment, engagement or relationship with Provider. 2) For purposes of these Terms and Conditions, the term Confidential Information shall mean any information or material of a confidential or proprietary nature disclosed by Provider to End-User in any Rey. 10.1.10 NAE Fingerprint Administration Services Agreement (Florida School Districts) 3) 4) manner, whether orally, visually or in tangible form, or otherwise discovered by or made available to the End-User. Confidential Information includes, but is not limited to, the following types of information: trade secrets, Fieldprint Applicants, Confidential Personal Data, client lists, business plans, financial information, market strategies, or other confidential or proprietary information, or any ideas, designs, creations, inventions, discoveries, improvements, devices, practices, processes, methods or products, whether or not patented or patentable, directly or indirectly, useful in or relating to any aspect of the business of Provider or its Fieldprint Services, or at any time during the Restricted Period, shall become informed and which shall not be generally known to the public or recognized as standard practice. Except as expressly permitted herein, during the Restricted Period, End-User shall protect and maintain Providers Confidential Information in the strictest_confidence and shall prevent the collection and maintenance of, or disclosure, or use of such information by End-User or its employees, representatives, agents, contractors or any affiliated party. End-User shall use the same degree of care to keep confidential Providers Confidential Information as it uses to keep confidential its own Confidential Information, but in no event less than a reasonable degree of care. End-User shall notify Provider in the event the End-User receives the service of legal process or subpoena or any public records request to disclose Confidential Information of Provider so as to enable Provider sufficient time to seek a protective order from the applicable court. Such an attempt to obtain a protective order will be at providers sole cost and expense. d. The Parties acknowledge that monetary damages may be incapable of determination and may not adequately compensate Provider for any violation of this Paragraph 8(d) and that Provider may suffer irreparable injury and harm. Provider will be entitled, therefore, to enforce the provisions of this Paragraph 8 by seeking a temporary and permanent injunction or mandatory relief obtained in any action or proceeding instituted in any court of competent jurisdiction without the requirement of posting a bond. e. The provisions of this Paragraph 8 shall survive the expiration or earlier termination of these Terms and Conditions. 10. Marketing and Advertising Any and all advertising of Fieldprint Services and the Fieldprint Station must be approved thirty (30) days in advance by Provider. Any and all advertisements, notices, signs, marketing materials, publications and writings connected with the Fieldprint Services must contain the Fieldprint logo as provided by Provider. Additionally, at all times, the word, Fieldprint must appear as Fieldprint as a registered trademark with the United States Trademark and Patent Office, in addition to any other registered service mark or service mark of the Provider. 11. Indemnification / Limitation of Liabilit a. End-User Indemnification Fieldprint and End-User agree to be fully responsible for their own acts of negligence or their respective agents acts of negligence, or their respective agents acts of negligence when acting within the scope of their employment and agree to be liable for any damages proximately caused thereby; provided, however, Fieldprint and End-User agree that End-Users liability is subject to the monetary limitations and defenses imposed by Section 768.28, Florida Statutes. Nothing herein is intended to serve as waiver of sovereign immunity by End-User, nor shall anything herein be construed as consent by End-User to be sued by any third party for any cause or matter arising out of related to this agreement. b. Provider Indemnification Provider and Fieldprint shall indemnify End-User, its officers, directors, employees, subsidiaries, representatives, affiliates and agents from and against any and all losses, costs, liabilities, damages and expenses (including, without limitation, all reasonable attorneys fees and expert witness fees) in connection with any claim, demand, suit, action, judgment or other proceeding brought against End-User, its officers, directors, employees, subsidiaries, representatives, affiliates, agents or assignees, to the extent based on or arising from, Rev, 10.1.10 NAE I. any breach by Fieldprint of its representations, warranties or covenants contained in these Terms and Conditions or any attached Exhibit or Schedule, including, but not limited to, (1) any breach resulting from the release of the Confidential Information including, Confidential Personal Data, by Provider, or (2) Providers use and transfer of the fingerprint data to the proper party(ies), or (3) any material defect in the Fieldprint Station and associated technical processes. Fingerprint Administration Services Agreement (Florida School Districts) 12. EXCEPT FOR THIS LIMITED WARRANTY, PROVIDER HEREBY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDERS AGGREGATE LIABILITY TO THE END-USER FOR ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF, OR RELATED TO, THESE TERMS AND CONDITIONS, EXCEED THE TOTAL SUM OF ALL FEES PAID BY THE END-USER TO PROVIDER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE END-USER CAUSE(S) OF ACTION AROSE. IN NO EVENT WILL ANY PARTY BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES), ARISING OUT OF OR IN ANY MANNER IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE PERFORMANCE OR BREACH HEREOF, THE SUBJECT MATTER OF THESE TERMS AND CONDITIONS, REGARDLESS OF THE FORM OF ACTION (INCLUDING CONTRACT, STRICT LIABILITY OR NEGLIGENCE), WHETHER OR NOT THEY HAVE BEEN ADVISED, OR OTHERWISE MIGHT HAVE ANTICIPATED THE POSSIBILITY, OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL PROVIDER BE RESPONSIBLE TO ANY PERSON FOR ANY DAMAGES ARISING FROM LOSS OF DATA OR THE INCORRECT CAPTURE OR PROCESSING OF DATA (SUBJECT TO APPLICABLE LAWS). {END OF TERMS AND CONDITIONS] Rev. 10.1.10 NAE Fingerprint Administration Services Agreement (Florida School Districts) Exhibit A End-Users Fieldprint Station Locations End-User Fieldprint Stations (can be in the form of an attachment): Contact: Melinda Starling, Support Technician, Human Resources Address: 1701 Prudential Dr., Jacksonville, Florida 32207 Telephone: 904-390-2693 Fax: Email Address: starlingm1@duvalschools.org Rey. 10.1.10 NAE Fingerprint Administration Services Agreement (Florida School Districts) EXHIBIT C fieldprint Rev. 10.1.10 NAE Fingerprint Administration Services Agreement (Florida School Districts) 1. FIELDPRINT STATION SECURITY GUIDELINES Policy Data Privacy is important to and Fieldprint, Inc. (Fieldprint) and End-User hereby agrees to comply with the Fieldprint Station Security Guidelines to protect Personally Identifiable Information (PI) to which Fieldprint and the End-User have been entrusted pursuant to the Fieldprint Fingerprinting Services Agreement between the parties, incorporated herein by reference. Fieldprint considers PII to be information that identifies an individual, such as name(s), personal address, phone numbers, email addresses and national identification numbers (e.g. US Social Security Numbers, National Insurance Numbers, or Passport Numbers). PII also includes date of birth, drivers license number, Insurance or Occupational License numbers and fingerprints. Statement of Principles Fieldprint is committed to adopting appropriate and sensible security measures in all of its operations and accordingly, End-User: A) agrees to share this commitment to take all reasonable precautions to safeguard PII in all formats, electronic or otherwise. B) agrees to adopt security measures set forth in these Information Security Vendor Guidelines. C) agrees that any failure of its adoption or maintenance of appropriate security measures, may result in (1) requiring the Fieldprint Station operator to (i) adopt specific security measures at the discretion of Fieldprint, (ii) cancellation of the Agreement and Terms and Conditions between the parties, (iii) termination of its relationship with the Fieldprint Station operator or (iv) requiring a third party review and verification of security practices, (v) any criminal or civil penalties that may be applicable. Guidelines A) Security Policy The End-User shall have and enforce a corporate security policy that defines the permissible use of its systems, including the Fieldprint Station, as well as defines the security measures that are in place to protect the security of the Fieldprint Station. B) Access Control Only authorized qualified and trained operators shall have access to the Fieldprint Station. End-User shall ensure that its facilities and software systems have adequate access control such that the data they house is not readily accessible to unauthorized parties. ) Data Retention Data that is collected on behalf of Fieldprint should be retained for as short a time as possible and should be disposed of in accordance with the requirements under the Fair Credit Reporting Act, as amended, to include the use of shredders or professional confidential document disposal services. At no time should any Fieldprint document, including any document containing PII, be thrown into a conventional trash can or dumpster. D) Data Transmission Data exchanged with Fieldprint must be transferred via secure channels of communication. Instances where data cannot be transferred over secure channel must be documented and handled by an exception process. Examples of secure channels of communication include internet connections via: HTTPS / SSL, SFTP, VPN or point-to-point IPSEC tunnels. File exchange over unsecured channels is allowed only if the file is encrypted itself. Examples of acceptable file encryption suites include Pretty Good Privacy, (PGP), and GNU Privacy Guard (GPG). E) Secured Storage Fieldprint data stored by Fieldprint Station operators must be properly secured at all times. Data at rest, (in either digital or paper form), must be kept safe from theft or disclosure. Non-exhaustive controls, (in order of preference) include: encryption and physically secured storage. The Fieldprint Station shall at all times be in a secured location at End-Users location. During the time that the End-User is closed for business, the Fieldprint Station shall be secured behind closed and locked doors. Rev. 10.1.10 NAE Fingerprint Administration Services Agreement (Florida School Districts) F) Secure Disposal of Data Data must be disposed or sanitized using a method appropriate to the nature of the media and to the extent that the data is unrecoverable. Methods include shredding of paper, degaussing of magnetic media or "wiping" of electronic media through the use of security software appropriate for rendering the media unrecoverable, G) Downstream Liability Disclosure At no time should any data be sent to additional parties other than parties identified by Fieldprint. H) _ Problem/Breach Notification Fieldprint must be notified immediately of any security breach that includes data provided by or for Fieldprint or its customers. Fieldprint shall be notified if a problem arises in the processing of Fieldprint information that could result in a security breach or will impact the timeliness of services. 4. Monitoring Compliance Assuring Fieldprint Station operator compliance with these security guidelines may include any or all of the following activities and formal documentation of these activities, at the discretion of Fieldprint: A) Routine audit of Information Security Policies. B) Regular re-certification of all facilities and policies by Fieldprint personnel or agents. C) Annual notification to all active Fieldprint Station operators of security requirements. 5. Violations Fieldprint personnel or its agents monitor for violations of these security guidelines. Any violation under this and all privacy and security policies of Fieldprint shall be deemed a material breach of the Agreement which may lead to termination of the Agreement at the discretion of Fieldprint. Rev. 10.1.10 NAE Fingerprint Administration Services Agreement (Florida Schoo! Districts) Rev. 10.1.10 NAE SCHEDULE C Fees Fees: Our Fee for collecting and processing each fingerprint submission is: 1) Electronic Prints/Badges Type: Fieldprint Fee FDLE/FBI Fee Retention Fee Employee: $12.50 $37.25 N/A Vendor $12.50 $37.25 $24.00 Badge Fee Total $10.00* $59.75 $10.00* $83.75 The Fee covers the electronic collection of one (1) set of fingerprints and transmission of those prints to the Florida Department of Law Enforcement (FDLE). *The Badge Fee will only be collected when badges are ordered from the Fieldprint Station ve, Jacksonville. Florida. located at 1701 Prudential Dr Fingerprint Administration Services Agreement (Florida School Districts) STANDARD CONTRACT ADDENDUM (November 2018) This Standard Contract Addendum (Addendum) is between The School Board of Duval County, Florida, a body politic and corporate, (District) and Fieldprint, Inc. (Contractor). The District and Contractor may be referred to in this Addendum singularly as a Party and collectively as the Parties. Recitals, Background and Purpose This Addendum is to be attached to, and incorporated by reference, into that certain Agreement between the Parties entitled Fingerprint Services Agreement (Florida School Districts) and dated October 3, 2018 (Agreement); and, Notwithstanding anything in the Agreement to the contrary, if there is any conflict or contradiction between the provisions of the Agreement and those in this Addendum, this Addendum will control and Contractor waives any claim to the contrary; and On or about August 21, 2018, District issued an Invitation to Bid (ITB-007-19/JR) for finger printing services. On October 3, 2018, the District awarded the bid to Fieldprint. NOW, THEREFORE, in consideration of the covenants set forth in this Addendum, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows. 1. Incorporation of Recitals. The parties hereto acknowledge and agree that the recitals set forth above are true and correct and are incorporated herein by this reference. 2. Payment Terms. Not applicable. There is no cost to the District. 3. Federal Requirements. Not Applicable. There is no cost to the District. 4. Representations by Contractor. If Contractor is a business entity, it represents that: (i) it is duly organized, validly existing and in good standing under the laws of the state of its organization; (ii) it is authorized and in good standing to conduct business in the State of Florida; (iii) it has all necessary power and has received all necessary approvals to execute and perform its obligations in the Agreement; and (iv) the individual executing the Agreement and this Addendum on behalf of Contractor is authorized to do so. 5. Travel Expenses. Contractor will be responsible for its own travel expenses. 6. Risk of Loss. All work performed by Contractor pursuant to the Agreement will be at Contractors exclusive risk until final and complete acceptance of the work by District. In the case of any loss or damage to the work prior to the Districts acceptance, such loss or damage will be Contractor's responsibility. Delivery of any goods to the District pursuant to the Agreement must be by FOB destination. 7. Insurance. District certifies that it is self-insured pursuant to the provisions of 768.28, F.S., for tort liability in anticipation of any claim which it might be liable to pay pursuant to that section. Page 1 of 14 Worker's compensation coverage is also self-insured at levels conforming to statutory requirements. Such liability and workers compensation self-insurance supersedes any insurance obligation imposed on the District in the Agreement. District shall insure that Contractor receives immediate notification of reduction in or cancellation of coverage. Contractor agrees to maintain insurance coverage according to the types and levels of insurance set forth in Exhibit A to this Addendum. 8. Funding Out. Not Applicable. There is no cost to the District. 9. Confidentiality of Student Records. Not applicable. 10. Term; Termination. The term of this Agreement shall commence October 3, 2018 and shall expire September 30, 2019. The District reserves the right to terminate the Agreement at any time and for any reason upon giving thirty (30) days notice to the Contractor. If said Agreement should be terminated for convenience as provided herein, the District will be relieved of all obligations under said Agreement. The District will be required to pay that amount of the Agreement actually performed to the date of termination. 11. Hold Harmless/Indemnification. Subject to the limitations of 768.28, Florida Statutes, the District agrees to indemnify and hold harmless Contractor from and against any and all claims, suits, actions, damages, or causes of action arising out of the negligent acts of the District arising out of or in connection with the provisions of this Agreement. Contractor agrees to indemnify, hold harmless and defend the District from and against any and all claims, suits, actions, damages, or causes of action arising out of the negligent acts of Contractor arising out of or in connection with the provisions of this Agreement. Except as otherwise provided by Florida Law, neither the execution of this Addendum or the Agreement by the District nor any other conduct, action or inaction of any District representative relating to the Agreement is a waiver of sovereign immunity by the District. 12. Governing Law / Venue / Attorneys Fees / No Arbitration. This Addendum and the Agreement shall be construed in accordance with the laws of the State of Florida. Any dispute with respect to this Addendum or the Agreement is subject to the laws of Florida, venue lying exclusively in the jurisdictional court in Duval County. Each party shall be responsible for its own attorneys fees and costs incurred as a result of any action or proceeding under this Addendum or the Agreement. In the event of any dispute, the parties waive any provision requiring arbitration. 13. No Third Party Beneficiaries. The parties expressly acknowledge that it is not their intent to create or confer any rights or obligations in or upon any third person or entity under this Addendum or the Agreement. Nothing herein shall be construed as consent by an agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. 14, No Waiver. The failure of either party to enforce any provision of the Agreement or this Addendum will not constitute a waiver of future enforcement of that or any other provisions. 15. Subcontractors. If Contractor is permitted to subcontract any of the work set forth in the Agreement, Contractor shall ensure that each subcontractor complies with all provisions of the Agreement and this Addendum. Contractor will remain liable for the acts and omissions of such subcontractor(s) and the proper performance and delivery of the products and/or services set forth in the Agreement. It is the policy of the District that directly negotiated contracted services authorized by District Policy 7.41 shall not be brokered. Specifically, the Contractor must perform at least fifty percent Page 2 of 14 (50%) of the services to be provided to the District in lieu of said services being provided by any subcontractor(s). Inasmuch as this Agreement is authorized by the District to be signed pursuant to Policy 7.41, the Contractor represents and warrants to the District that at least fifty percent (50%) of the services to be provided under this Agreement will be provided directly by the Contractor. 16. Entire Agreement. This Agreement represents the entire agreement between the parties, may only be amended by a written agreement signed by both parties, and supersedes all prior or contemporaneous oral or written agreements and understandings with respect to the matters covered by this Agreement. 17. Public Records Laws This Agreement and this Addendum shall be subject to Floridas Public Records Laws, Chapter 119, Florida Statutes. Contractor understands the broad nature of these laws and agrees to comply with Floridas public records laws and laws relating to records retention. In compliance with section 119.0701, Florida Statutes, Contractor agrees to: a. Keep and maintain public records required by the District in order to perform the service. b. Upon request from the Districts custodian of public records, provide the District with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in the Chapter 119, Florida Statues or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Contractor does not transfer the records to the District. d. Upon completion of the Agreement, transfer, at no cost, to the District all public records in possession of Contractor or keep and maintain public records required by the District to perform the service. If Contractor transfers all public records to the District upon completion of the Agreement, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the Agreement, Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the District, upon request of the Districts custodian of public records, in a format that is compatible with the information technology systems of the District. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTORS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS (THE DISTRICTS CONTRACT ADMINISTRATOR) AT THE ADDRESS AND PHONE NUMBER BELOW. To the extent that either party asserts that any of its Proprietary or Confidential Information is protected against disclosure as a proprietary, confidential, trade secret pursuant to sections 812.081(1)(c), 815.045 Page 3 of 14 and 812.081, Florida Statutes, then such party agrees to add the following language (hereinafter referred to as the Legend) on every page of its Confidential Information provided to the other party: This information is confidential trade secret information exempt from disclosure under the Public Records Act, Chapter 119, Florida Statutes, and Article |, Section 24 of the Florida Constitution pursuant to Sections 815.045 and 812.081, Florida Statutes. 18. Indemnification for Copyright Infringement. Contractor shall defend, indemnify and hold the District and its successors and assigns harmless from and against all third-party claims, suits and proceedings and any and all damages, liabilities, costs and expenses (including reasonable attorneys fees and court costs) incurred as a result of (i) infringement by Contractor of any third-party patent, copyright or trademark or (ii) misappropriation by Contractor of any third-party trade secret in connection with any of the foregoing. 19. Intellectual Property Rights Use. Contractor represents that it has all intellectual property rights necessary to enter into and perform its obligations in the Agreement. Contractor will indemnify and hold harmless the District from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, service marked, trademarked, patented or unpatented invention, process, article or work manufactured or used in the performance of the Agreement, including its use by the District. if Contractor uses any design, device, materials or works covered by letters, service mark, trademark, patent, copyright or any other intellectual property right, it is mutually agreed and understood without exception that the proposal prices will include all royalties or costs arising from the use of such design, device or materials in any way involved in the work. 20. Notices; Agency Administrator. Every notice, approval, consent or other communication authorized or required by this Agreement 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 such other address as either party may designate by notice from time to time in accordance herewith: If to Contractor: Fieldprint, Inc. 12000 Commerce Parkway, Suite 100 Mt. Laurel, NJ 08054 If to District: With copy to: The School Board of Duval County, Florida Office of General Counsel 1701 Prudential Drive c/o 1701 Prudential Drive Jacksonville, Florida 32207 Jacksonville, FL 32207 Attention Superintendent: Dr. Diana Greene Room 653 Phone: (904) 390-2032 Notwithstanding the foregoing, the parties agree that all communications relating to the day-to-day activities shall be exchanged between the respective representatives of the District and the Contractor Page 4 of 14 as follows: The parties agree that all communications relating to the day-to-day activities shall be exchanged between the parties respective representatives, which representatives shall be designated by the parties in writing promptly upon commencement of the Services. Once so designated, each partys representative shall coordinate communications and processes as needed for the purposes of conducting the services set forth in the Agreement, 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 purposes of the Districts representative for the day-to-day activities, the Districts Administrator shall be: Duval County Public Schools Attn: Melinda Starling 1701 Prudential Drive Jacksonville, Florida 32207 (904) 380-2693 21. Non-Discrimination. Contractor represents and warrants to the District that Contractor does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Contractor's performance under the Agreement on account of a persons actual or perceived identity with regard to race, color, religion, gender or gender identity, age, marital status, disability, sexual orientation, political or religious beliefs, national or ethnic origin, veteran status, any other protected status under applicable law, or any other distinguishing physical or personality characteristics. Contractor further covenants that no otherwise qualified individual shall, solely by reason of his/her actual or perceived identity with regard to race, color, religion, gender or gender identity, age, marital status, disability, sexual orientation, political or religious beliefs, national or ethnic origin, veteran status, any other protected status under applicable law, or any other distinguishing physical or personality characteristics, be denied the benefits of, or be subjected to discrimination, or be denied access and services, under any provision of the Agreement. 22. Severability. if any clause or provision of the Agreement or this Addendum is illegal, invalid or unenforceable under present or future laws effective during the term hereof, then the remainder of the Agreement or Addendum shall not be affected thereby; and in lieu of each clause or provision of the Agreement or Addendum which is illegal, invalid or unenforceable, there shall be added, as part of the Agreement or Addendum, 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. 23. Assignment. Neither the Agreement or Addendum, nor any portion thereof may be assigned by Contractor, in whole or in part, without the prior written consent of the District. 24, Survivorship. Those provisions which by their nature are intended to survive the expiration, cancellation or termination of the Agreement or Addendum, including, by way of example only, the Indemnification and Confidentiality provisions, shall survive the expiration, cancellation or termination of the Agreement and this Addendum. 25. No Gifts or Contingent Fees. It is the policy of the District to not accept gifts, gratuities, or favors of any kind or of any value whatsoever from vendors, members of the staff, or families. Contractor warrants that it has not employed or retained any company or person, other than a bona Page 5 of 14 fide employee working solely for the Contractor, to solicit or secure the Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual for 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 Agreement. Contractor further warrants that it, nor any of its directors, employees, officers or agents, nor any of Contractor's respective subsidiaries or affiliates, has taken, is currently taking or will take any action in furtherance of an offer, payment, promise, 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 Agreement and/or this Addendum. For the breach or violation of these provisions, the District shall have the right to terminate the Agreement 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. 26. 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 Contractor's 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. 27. Jessica Lunsford Act. All District and Contractor employees, appointees, or agents who come into contact with students as part of the Agreement must submit a background check, ina manner prescribed by District (including compliance with sections 1012.315 and 1012.467, Florida Statutes). Any non-District personnel associated with the Agreement, and who may come into contact with students as part of the Agreement, will be screened at Contractors expense. Contractor shall not permit persons to provide services to student under this Agreement if any such person does not meet the standards under Florida law and the DCSB hiring standards concerning criminal background employee history checks. Failure to comply with this provision shall be cause for immediate termination of this Agreement. 28. 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. 29. Facsimile and Scanned Signatures. This Agreement may be signed via counterpart and facsimile or scanned signatures, the counterparts and facsimiles of which, when taken together, shall be deemed to constitute an entire and original agreement. This Addendum and the Agreement may be executed in one or more counterparts and via facsimile signature, the counterparts and facsimiles of which, when taken together, shall be deemed to constitute an entire and original Addendum and Agreement. IN WITNESS WHEREOF, the undersigned have executed this Addendum as noted below. Page 6 of 14 FIELDPRINT, INC. By: b Print: re 0 THE-SCHOOL BOARD OF DYVAL COUNTY, FLORIDA / \ By/ Dr. Diana Greene, Superintendent of Schools and Ex-Officio Secretary to the Board Lori Hershey, Chairman Form Approved: Page 7 of 14 EXHIBIT A Insurance Requirements A. REQUIRED INSURANCE. Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall (and shall also require of any of its subcontractors), at their 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 the Agreement by the District and shall be maintained in force throughout the term of the Agreement. 1. Workers Compensation/Employers Liability: The Workers Compensation/ and Employers Liability insurance provided by the Contractor shall conform to the requirements set forth herein. a. The Contractor's insurance shall cover the 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 (herein, the State) 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, 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 is to be included for the Federal Employers Liability Act and any other applicable federal or state law. b. The policy must be endorsed 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 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 Page 8 of 14 d. The Contractor may be relieved of providing Workers Compensation coverage provided an exemption form is submitted from the State Division of Workers Compensation stating the Contractor is exempt from the insurance requirement under F.S. 440 and by executing the form attached and incorporated herein in Exhibit A-1. 2: Commercial General Liability. The Commercial General Liability insurance provided by the Contractor shall conform to the requirements hereinafter set forth: a. Contractors insurance shall cover those sources of liability which would be covered by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State by the Insurance Services Office (ISO) without any restrictive endorsements other than those which are required by the State, 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 the 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 limits to be maintained by the Contractor (inclusive of any amounts provided by an umbrella or excess policy) shall be 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 shall include the District and the Districts members, officials, officers and employees as additional insureds on the Commercial General Liability coverage. The coverage afforded such additional insureds shall be no more restrictive than that which would be afforded by adding the District and the District's members, officials, officers and employees as additional insureds on the latest edition of the Additional Insured Owner's, Lessees or Contractors - Scheduled Person or Organization endorsement (ISO Form CG 20 10) filed for use in the State by the Insurance Services Office. d. Except with respect to coverage for property damage liability, or as otherwise specifically authorized in the Agreement, the general liability coverage shall apply on a first dollar basis without application of any deductible or self-insured retention. The coverage for property damage Page 9 of 14 liability shall be subject to a maximum deductible of $1,500 per occurrence. The Contractor shall pay on behalf of the District or the Districts member, official, officer or employee any such deductible or self- insured retention applicable to a claim against the District or the District's member, official, officer or employee for which the District or the Districts member, official, officer or employee is insured as an additional insured. 3. Business Auto Liability. The automobile liability insurance provided by the Contractor shall conform to the requirements hereinafter set forth: a. The Contractor's insurance shall cover the Contractor for those sources of liability which would be covered by Section II of the latest occurrence edition of the standard Business Auto Coverage Form (ISO Form CA 00 01) as filed for use in the State by ISO without any restrictive endorsements other than those which are required by the State, 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 the Agreement. b. The District and the District's 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 District and the Districts 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 limits to be maintained by the 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 4. Professional Liability. The professional liability insurance provided by the Contractor shall conform to the requirements hereinafter set forth: a. The professional liability insurance shall be on a form acceptable to the District and shall apply to those claims which arise out of Services performed by or on behalf of the Contractor pursuant to the Agreement which are first reported to the Contractor within four years after the expiration or termination of the Agreement. b. If the insurance maintained by the Contractor also applies to services other than Services under the Agreement, the limits of insurance maintained by the Contractor shall be not be less than $1,000,000 per claim/annual aggregate. If the insurance maintained by the Contractor applies exclusively to the Services under the Agreement, the limits of insurance maintained by the Contractor shall be not be less than $1,000,000 per claim/annual aggregate. c. Except as otherwise specifically authorized in the Agreement, the insurance may be subject to a deductible not to exceed $15,000 per claim. d. The Contractor shall maintain the professional liability insurance until the end of the term of the Agreement. Through the use of an extended discovery period or otherwise, the insurance shall apply to those claims which arise out of professional services, prior to the expiration or termination of the Page 10 of 14 Agreement which are reported to the Contractor or the insurer within four years after the expiration or termination of the Agreement. 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 the Agreement by the District and shall be maintained in force throughout the term of the Agreement. The Contractor shall provide evidence of such insurance in the following manner: 1. As evidence of compliance with the required Workers Compensation/ and Employer's Liability, Commercial General Liability, Business Auto Liability, and Professional Liability, the 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 District, identify the Agreement, and provide 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 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 District and the Districts members, officials, officers and employees as Additional Insureds in the Commercial General Liability coverage; or b. (An original copy of the policy (or policies). 3; Until such time as the insurance is no longer required to be maintained by the Contractor as set forth in the Agreement, the 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 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 may redact or omit those provisions of the policy or policies which are not relevant to the insurance required under the Agreement. G INSURERS QUALIFICATIONS/REQUIREMENTS: 1. Insurers providing the insurance required by the Agreement for the Contractor must either be: a. Authorized by a subsisting certificate of authority issued by the State to transact insurance in the State, or Page 11 of 14 b. An eligible surplus lines insurer under State 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 the Agreement, an insurer shall fail to comply with the foregoing minimum requirements, as soon as the Contractor has knowledge of any such failure; the Contractor shall immediately notify the District and immediately replace the insurance provided by the insurer with an insurer meeting these requirements. Until the Contractor has replaced the unacceptable insurer with an insurer acceptable to the District, the Contractor shall be in default of the Agreement. D. Primary and Non-Contributory. The insurance provided by the Contractor pursuant to the Agreement shall apply on a primary basis to, and shall not require contribution from, any other insurance or self-insurance maintained by the District or the Districts member, official, officer or employee. E. Additional Remedy. Compliance with the insurance requirements of the Agreement shall not limit the liability of the Contractor or its Subcontractors or Sub-subcontractors, employees or agents to the District or others, Any remedy provided to the District or the Districts members, officials, officers or employees by the insurance shall be in addition to and not in lieu of any other remedy available under the Agreement or otherwise. District Approval/Disapproval.: Neither approval by the District nor failure to disapprove the insurance furnished by the Contractor shall relieve the Contractor of the Contractor's full responsibility to provide the insurance as required by the Agreement. Page 12 of 14 EXHIBIT A-1 INDEPENDENT CONTRACTOR - WORKERS COMPENSATION ACKNOWLEDGEMENT The undersigned represents and acknowledges that it is an independent contractor who is not provided coverage under any self-insured workers compensation program of the School Board of Duval County, Florida (the District), any primary workers compensation insurance policy purchased by or on behalf of the District, any excess workers compensation insurance purchased by or on behalf of the District, any risk sharing arrangement, risk sharing pool, or any state reimbursement fund for workers compensation payments made by the District, based on the following understandings and representations by the Contractor: 1. The undersigned is not an Employee as defined under Chapter 440 of the Florida Statutes describing the workers compensation laws of Florida. The parties agree that Chapter 440 describes remedies for employers and employees in place of Florida common law and limits the rights of independent contractors like the undersigned. 2. The undersigned maintains a separate business with its own work equipment, material, and accommodations. 3. The undersigned has a different federal employer identification number than the District or is a sole proprietor who is not required to obtain a federal employer identification number under state or federal regulations. 4. The undersigned receives compensation for services rendered or work performed, and such compensation is paid to a business rather than to an individual, 5. The undersigned holds at least one bank account in the name of the undersigned business entity for the purposes of paying business expenses or other expenses related to the services rendered or work performed for the District. 6. The undersigned performs work or is able to perform work for entities other than the District at the undersigneds election without the necessity of completing an employment application or process. Page 13 of 14 7. The undersigned receives compensation for work or services rendered on a competitive-bid basis or completion-of-task basis or set of tasks as defined by a contract, unless a contractual agreement expressly states that an employment relationship exists. 8. The undersigned either provides its own workers compensation coverage or has elected to be exempt from workers compensation coverage. 9. The undersigned has provided proof of other insurance, including liability insurance, to the District in the amounts required by the District. 10. | have had an opportunity to review this acknowledgement and consult with an attorney before signing same. | am freely and knowingly signing this acknowledgement on the date indicated below. 11. | understand that the District is relying upon the truthfulness and accuracy of my representations in this acknowledgement as a material basis for the District entering into an independent contractor relationship with me. Independent Contractor Signature Name: Antheay DP raud Date: 3/6 fai { Title: CLO Page 14 of 14 ITB-007-19/JR FINGER PRINTING SERVICES 09/13/2018 BID TABULATION Item Description Qty Unit Unit Price DCPS Employee Extension 1 FDLE PROCESSING 1500 EACH $24.00 $36,000.00 2 FBI PROCESSING 1500 EACH $12.00 $18,000.00 3 CAPTURE FEE 1500 EACH $12.50 $18,750.00 4 BADGE FEE 1500 EACH $12.00 $18,000.00 5 FDLE RETENTION 1500 EACH N/A N/A 6 REPLACEMENT BADGES 200 EACH $12.00 $2,400.00 TOTAL $93,150.00 Unit Price Vendor Extension 7 FDLE PROCESSING 2500 EACH $24.00 $60,000.00 8 FIB PROCESSING 2500 EACH $12.00 $30,000.00 9 CAPTURE FEE 2500 EACH $12.50 $31,250.00 10 BADGE FEE 2500 EACH $10.00 $25,000.00 11 FDLE RETENTION 2500 EACH $24.00 $60,000.00 12 REPLACEMENT BADGES 200 EACH $10.00 $2,000.00 $208,250.00 Prepared by: Cammie Wise Verified by: James Robinson Date: Award = FIELDPRINT INC 09/13/2018 Page 1 of 1 Addendum No. 1 ITB-007-19/JR ADDENDUM NO. 1 Mandatory www.duvalschools.org/purchasing Issue Date: September 7, 2018 Phone: 904-858-4837 Buyer: James Robinson Bid Number: ITB-007-19/JR Bid Title: FINGER PRINTING SERVICES Term of Bid: From date of award through September 30, 2019 with renewal options. Opening: Thursday, September 13th, 2018 at 2:00 p.m. 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. Purpose: To revise the Bid Proposal Form. Note: Please use the revised Bid Proposal Form. eile re Revised Bid Proposal Form Addendum No. 1 ITB-007-19/JR For purposes of evaluation, this form will be interpreted as follows: Unit price: Unit price should be numeric. Unit prices left blank will be deemed no bid, and a unit price of $0 will be deemed included at no charge. Award: Will be all-or-none group, as indicated on the Bid Proposal Form. All items within a group must be bid for an all-or-none award. Note that this is a source of supply bid; all items in a group will not necessarily be ordered at one time. Failure to respond as requested may result in rejection of item(s) as non-responsive. Item Est. Qty. Unit (DCPS#) Description UNIT PRICE DCPS- Employee TOTAL 1. 1500 FDLE Processing $ 24.00 $ EA EA 2. 1500 FBI Processing $ 16.50 $12.00 $ EA EA 3. 1500 Capture Fee $___________ $____________ EA EA 4. 1500 Badge Fee $___________ $____________ EA EA 5. 1500 FDLE Retention N/A N/A EA 6. 200 Replacement Badges $___________ $____________ EA EA TOTAL $ ___________ Revised Bid Proposal Form Addendum No. 1 ITB-007-19/JR Item Est. Qty. Unit (DCPS#) Description UNIT PRICE Vendor TOTAL 7. 2500 FDLE Processing $24.00 $ EA 8. 2500 FBI Processing $16.50 $12.00 $ EA 9. 2500 Capture Fee $___________ $ ____________ EA EA 10. 2500 Badge Fee $___________ $ ____________ EA EA 11. 2500 FDLE Retention $24.50 $24.00 $ ____________ EA 12. 200 Replacement Badge $___________ $ ___________ EA EA TOTAL $ ___________ TOTAL $__________________ INVITATION TO BID www.duvalschools.org/purchasing August 21, 2018 Buyer: James Robinson Phone: 904-858-4837 Bid Number: ITB-007-19/JR Bid Title: FINGER PRINTING SERVICES Term of Bid: DATE OF AWARD THROUGH SEPTEMBER 30, 2019 Opening: Thursday, September 13th, 2018 at 2:00 p.m. 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. Submit Bid To: DCPS Purchasing Services / 1701 Prudential Drive, Suite 322 / Jacksonville FL 32207 Special Requirements: None BIDDER ACKNOWLEDGEMENT This form must be completed, returned, and include an original manual signature for bid to be considered. By signing below, I attest that I have acquainted myself with the general conditions, special conditions and specifications of this bid, and agree to comply with them all. I certify that I am authorized to obligate on behalf of the bidder and that the address shown on this form is the companys principal place of business. Bid documents shall be submitted in a sealed envelope clearly marked with this bid number, opening date and time. Legal Name of Bidder: Mailing Address: City, State, Zip Code: Telephone: Toll Free: Fax: Email Address: Internet URL: Federal ID # or SS #: Duns #: If you are a certified minority, state certifying agency: Payments will be made in accordance with Florida Statute 218. Form of Payment accepted: Credit Card (see Special Condition #16) Initial Delivery can be made within calendar days after receipt of order. Addenda through received. (if applicable) Original Manual Signature of Authorized Representative: Printed/Typed Name of Authorized Representative: Title: Date: eile re GENERAL CONDITIONS 1. RESERVATIONS: Duval County Public Schools reserves the right to reject any or all bids or any part thereof and/or waive informalities if such action is deemed in the best interest of Duval County Public Schools. Duval County Public Schools reserves the right to cancel any contract, if in its opinion, there be a failure at any time to perform adequately the stipulations of this invitation to bid, and general conditions and specifications which are attached and made part of this bid, or in any case of any attempt to willfully impose upon Duval County Public Schools materials or products or workmanship which is, in the opinion of Duval County Public Schools, of an unacceptable quality. Any action taken in pursuance of this latter stipulation shall not affect or impair any rights or claim of Duval County Public Schools to damages for the breach of any covenants of the contract by the contractor. Duval County Public Schools also reserves the right to reject the bid of any bidder who has previously failed to perform adequately after having once been awarded a prior bid for furnishing materials similar in nature to those materials mentioned in this bid. Should the contractor fail to comply with the conditions of this contract or fail to complete the required work or furnish the required materials within the time stipulated in the contract, Duval County Public Schools reserves the right to purchase in the open market, or to complete the required work, at the expense of the contractor or by recourse to provisions of the faithful performance bond if such bond is required under the conditions of this bid. Should the contractor fail to furnish any item or items, or to complete the required work included in this contract, Duval County Public Schools reserves the right to withdraw such items or required work from the operation of this contract without incurring further liabilities on the part of Duval County Public Schools thereby. SHOULD ANY BIDDER HAVE ANY QUESTIONS AS TO THE INTENT OF MEANING OF ANY PART OF THIS BID HE/SHE SHOULD CONTACT THE BUYER IN TIME TO RECEIVE A WRITTEN REPLY BEFORE SUBMITTING HIS/HER BID. All items furnished must be completely new, and free from defects unless specified otherwise. No others will be accepted under the terms and intent of this bid. 2. QUOTATIONS: No bidder will be allowed to offer more than one price on each item even though he/she may feel that he/she has two or more types or styles that will meet specifications. Bidders must determine for themselves which to offer. IF SAID BIDDER SHOULD SUBMIT MORE THAN ONE PRICE ON ANY ITEM, ALL PRICES FOR THAT ITEM WILL BE REJECTED AT THE DISCRETION OF THE DIRECTOR OF PURCHASING. 3. TAXES: Duval County Public Schools is exempt from the following taxes: (a) State of Florida Sales Tax by Certificate No. 85-8013988912C-0. 4. CARTAGE: No charge will be allowed for cartage or packages unless by special agreement. 5. OR ACCEPTABLE SUBSTITUTION: Even though a particular manufacturers name or brand is specified, bids will be considered on other brands or on the product of other manufacturers. On all such bids the bidder shall indicate clearly the product (brand and model number) on which he/she is bidding, and shall supply a sample or sufficient data in detail to enable an informed comparison to be made with the particular brand or manufacturer specified. All samples shall be submitted in accordance with procedures outlined in paragraph on SAMPLES. Catalog cuts and technical descriptive data shall be attached to the original copy of the bid where applicable. Failure to submit the above information may be sufficient grounds for rejection of bid. 6. DEVIATIONS FROM SPECIFICATIONS: In addition to the requirements of paragraph 5, all deviations from the specifications must be noted in detail by the bidder, in writing, at the time of submittal of the formal bid. The absence of a written list of specification deviations at the time of submittal of the bid will hold the bidder strictly accountable to Duval County Public Schools to the specifications as written. Any deviation from the specifications as written not previously submitted, as required by the above, will be grounds for rejection of the material and or equipment when delivered. 7. DATA REQUIRED TO BE SUBMITTED WITH REFERENCE TO BID: a. Whenever the specifications indicate a product of a particular manufacture, model, or brand in the absence of any statement to the contrary by the bidder, the bid will be interpreted as being for the exact brand, model, or manufacture specified, together with all accessories, qualities, tolerances, composition, etc., enumerated in the detailed specifications. b. If no particular brand, model or make is specified, and if no data is required to be submitted with the bid, the successful contractor, after award and before manufacture or shipment, may be required to submit working drawings or detailed descriptive data sufficient to enable Duval County Public Schools to judge if each requirement of the specifications is being met. 8. SAMPLES: The samples submitted by bidders on items which they have received an award may be retained by Duval County Public Schools until the delivery of contracted items is completed and accepted. Bidders whose samples are retained may remove them after delivery is accepted. Sample on which bidders are unsuccessful must be removed as soon as possible after award has been made on the item or items for which the samples have been submitted. Duval County Public Schools will not be responsible for such samples if not removed by the bidder within 30 days after the award has been made. Duval County Public Schools reserves the right to consume any or all samples for testing purposes. Bidders shall make all arrangements for delivery of samples to place designated as well as the removal of samples. Cost of delivery and removal of samples shall be borne by the bidder. All sample packages shall be marked Sample for Purchasing Services and each sample shall bear the name of the bidder, item number, bid number and shall be carefully tagged or marked in a substantial manner. Failure to the bidder to clearly identify samples as indicated may be considered sufficient reason for rejection of bid. 9. PERFORMANCE BOND: The successful bidder on this bid must furnish a performance bond if indicated on the bid cover, made out to Duval County Public Schools, prepared on an approved form, as security for the faithful performance of his/her contract within ten days of his/her notification that his/her bid has been accepted. The surety thereon must be such surety company or companies as are authorized and licensed to transact business in the State of Florida. Attorneys in fact who sign bid bonds must file with each bond a certified copy of their power of attorney to sign said bonds. The successful bidder or bidders upon failure or refusal to furnish within ten days after his/her notification the required performance bond, shall pay to Duval County Public Schools as liquidated damages for each failure or refusal an amount in cash equal to the security deposited with his/her bid. 10. GUARANTEE: The contractor shall unconditionally guarantee the materials and workmanship on all equipment furnished by him/her for a period of one year from date of acceptance of the items delivered and installed, unless otherwise specified herein. If, within the guarantee period, any defects or signs of deterioration are noted, which, in the opinion of Duval County Public Schools are due to faulty design and installation, workmanship, or materials, upon ratification, the contractor, at his/her expense, shall repair or adjust the equipment or parts to correct the condition, or he/she shall replace the part or entire unit to the complete satisfaction of Duval County Public Schools. These repairs, replacements or adjustments shall be made only at such times as will be designated by Duval County Public Schools as least detrimental to the operation of Duval County Public Schools business. 11. DISCOUNTS: all discounts to be included in bid price. 12. COLLUSION: the bidder, by affixing his/her signature to this proposal, agrees to the following: bidder certifies that this bid is made without any previous understanding, agreement or connection with any person, firm, or corporation making a bid for the same items; and is in all respects fair, without outside control, collusion, fraud or otherwise illegal action. 13. ERRORS IN BIDS: Bidders or their authorized representatives are expected to fully inform themselves as to the conditions, requirements and specifications before submitting bids; failure to do so will be at the bidders own risk and he/she cannot secure relief on the plea of error. Neither law nor regulations make allowance for errors either of omission or commission on the part of bidders. In case of error in extension of prices in the bid, the unit price shall govern. 14. All bid responses are to be submitted in typewritten form or submitted in ink. Responses received in pencil will not be accepted. 15. LOCAL PREFERENCE: When the lowest bid for printing services or for personal property is submitted by a firm whose principal place of business is outside of the State of Florida, a minimum five percent (5%) preference shall be given to bids submitted by firms whose principal place of business is within the State of Florida. If the state or political subdivision within which the out-of-state firm has its principal place of business maintains a local preference, the preference given to bidders from the State of Florida shall be of an equal percentage. Bid No. ITB-007-19/JR CONFLICT OF INTEREST CERTIFICATE Bidder must execute either Section I or Section II hereunder relative to Florida Statute 112.313(12). Failure to execute either section may result in rejection of this bid proposal. SECTION I I hereby certify that no official or employee of Duval County Public Schools requiring the goods or services described in these specifications has a material financial interest in this company. ________________________________ ________________________________ Signature Company Name ________________________________ ________________________________ Name of Official (Type or print) Business Address ________________________________ City, State, Zip Code SECTION II I hereby certify that the following named Duval County Public Schools official(s) and employee(s) having material financial interest(s) (in excess of 5%) in this company have filed Conflict of Interest Statements with the Supervisor of Elections, 105 East Monroe Street, Jacksonville, Duval County, Florida, prior to bid opening. Name Title or Position Date of Filing ___________________________ ______________________ ___________________ ___________________________ ______________________ ___________________ _________________________________ ________________________________ Signature Company Name _________________________________ ________________________________ Print Name of Certifying Official Business Address ________________________________ City, State, Zip Code SUBMISSION OF BIDS Bids must be submitted prior to the time set for opening. Bids are to be delivered to Duval County Public Schools, Purchasing Services, 1701 Prudential Drive, Suite 322, Jacksonville, Florida 32...