24250044B-AZ_ITB_Document.pdf

(Rev. 2-01-22)

INVITATION TO BID AND BIDDER’S ACKNOWLEDGEMENT

POSTING DATE: PURCHASING CONTACT: Amanda Zarko, Senior Procurement Agent December 6, 2024 407-320-0237, Email Address: zarkoaz@scps.k12.fl.us

BID NUMBER AND TITLE: 24250044B-AZ

Elementary Schools Wireless Access Points

BID DUE DATE & TIME January 7, 2025 by 1:00 P.M. EST Bid opening will be via WebEx and dial-in only at meeting number (access code): 2631 365 5702, meeting password:

tTNfid35MM4 or call 1-415-655-0003.

NOTE: BIDS RECEIVED AFTER THE BID DUE DATE AND TIME WILL NOT BE ACCEPTED.

PRE-BID MEETING DATE & TIME: Voluntary – December 17, 2024 at 10:00 AM EST, via WebEx and dial-in only at WebEx meeting number (access code): 2866 312 3507, password: WmGFXMSF282 or call 1-415-655-0003.

The Purchasing Department will be closed from December 23, 2024, through January 1, 2025. We will not be addressing questions regarding this solicitation during this time.

The School Board of Seminole County, Florida, solicits your company to submit a Bid on the above-referenced goods and/or services.

All terms, specifications and conditions set forth in this invitation are incorporated by this reference into your response. A Bid will not be accepted unless all conditions have been met. In the event of a conflict between the General Purchasing Terms and Conditions and any subsequent Special Conditions included herein or attached hereto, the Special Conditions will have precedence. All Bids must have an authorized signature in the space provided below. All Bids must be received in the Vendorlink portal, www.myvendorlink.com, by the “Bid Due Date & Time” referenced above. The School Board is not responsible for bidders’ failure to upload their bids by the due date and time.

THE FOLLOWING MUST BE COMPLETED, SIGNED, AND RETURNED AS PART OF YOUR BID. BIDS WILL NOT BE

ACCEPTED WITHOUT THIS FORM, SIGNED BY AN AUTHORIZED AGENT OF THE BIDDER.

LEGAL NAME OF COMPANY (AS REGISTERED IN WWW.SUNBIZ.ORG OR AS REGISTERED IN YOUR STATE):

MAILING ADDRESS: _______________________________________________________________________________________________________

CITY, STATE, ZIP: _________________________________________________________________________________________________________

FEDERAL EMPLOYER S IDENTIFICATION NUMBER (FEIN): ______________________________________________________________________

SPIN (SERVICE PROVIDER IDENTIFICATION NUMBER): _________________________________________________________________________

FCC REGISTRATION NUMBER: ______________________________________________________________________________________________

FLORIDA DIVISION OF CORPORATION DOCUMENT NUMBER: ___________________________________________________________________

TELEPHONE NUMBER: _______________________________ E-MAIL: _________________________________________________________

I CERTIFY THAT THIS BID IS MADE WITHOUT PRIOR UNDERSTANDING, AGREEMENT, OR CONNECTION WITH ANY OTHER BIDDER SUBMITTING A BID FOR THE SAME MATERIALS, SUPPLIES, EQUIPMENT OR SERVICES, AND IS IN ALL RESPECTS FAIR AND WITHOUT COLLUSION OR FRAUD. I AGREE TO ABIDE TO ALL CONDITIONS OF THIS BID AND CERTIFY THAT I AM AUTHORIZED TO SIGN THIS BID

FOR THE BIDDER.

TYPED OR

AUTHORIZED SIGNATURE: ___________________________ PRINTED NAME: _____________________________________________________

TITLE: DATE:

THE SCHOOL BOARD OF SEMINOLE COUNTY FLORIDA

PURCHASING AND DISTRIBUTION SERVICES DEPARTMENT

400 East Lake Mary Boulevard Sanford, Florida 32773-7127

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I. SPECIAL CONDITIONS

1. INTRODUCTION. Seminole County Public Schools (SCPS) is the 12th largest school district in Florida and is 60th nationally with more than 67,000 students and 10,000 employees. SCPS is a leader in education throughout Central Florida and the State and is widely recognized as a Premier National School District. SCPS consists of 37 elementary schools, 12 middle schools, nine (9) high schools, six (6) special centers, a virtual school, and four (4) charter schools.

The purpose of this ITB is to solicit bids from qualified vendors for the purchase of Wireless Network Equipment that shall include hardware, software, license and three (3) years of warranty.

2. ERATE. All Proposers must be registered with the Universal Service Administration Company (USAC) Schools & Libraries and provide their Service Provider Identification Number (SPIN) as part of this proposal.

A. A. FUNDING. For E-Rate eligible schools and libraries, funding for contracted services will come, in part, from Federal Universal Service E-Rate finds. It is the intent of SBSC to apply for reimbursement for all E-Rate eligible services.

B. B. FEDERAL UNIVERSAL SERVICE FUND E-RATE PROGRAM. Contractor shall be responsible for understanding USAC and Federal Communications Commission (FCC) E-Rate eligibility rules and are required to identify any cost that doesn’t meet the E-Rate eligibility rules. Any cost that doesn’t meet the eligibility rules should be classified as ineligible costs.

1) Any Proposer responding to this bid will be required to submit its assigned SPIN

(Service Provider Identification Number) and FCC Registration Number, as part of its response. Proposers without a SLD SPIN number or FCC Registration Number MUST obtain one before responding to this bid. An FCC registration number can be obtained from the FCC web site. Proposers must also disclose in their bid response if they have been “red-lighted” by the FCC during the two-year period prior to the issuance of this bid. Proposers must also disclose whether they have been the subject of audits or investigations by USAC, the FCC, DOJ or any other investigator associated with the E-Rate program during the five years prior to the issuance of this bid.

2) Proposers must be familiar with the requirements of the Federal Universal Service Fund E-Rate program and must fully comply with those rules. In order to comply with E-Rate requirements, the Contractor(s) shall maintain all records, correspondence, receipts, vouchers, memoranda and other data relating to services provided under the contract. All records referenced above and any required under the document retention requirements of the Federal Communications Commission shall be retained for at least ten (10) years after the last day of the delivery of discounted services, such information shall be subject to inspection and audit by SBSC and/or SLD / USAC and / or their contractors.

3) Pursuant to 47 CFR 54.516, proposers shall be subject to audits and other investigations to evaluate proposers’ compliance with the statutory and regulatory requirements for the E-Rate program, including those requirements pertaining to what services and products are purchased, what services and products are delivered, and how services and products are being used. The Proposer shall assume responsibility for its subcontractors’ compliance with the FCC requirements for document retention and auditing. Proposer shall include, in all of its subcontractor agreements for services, provisions requiring subcontractors to maintain the above-described records and allowing SBSC and / or SLD / USAC and / or their contractors the same right to inspect and audit same records as set forth herein.

4) In order to comply with E-RATE Category 2 rules, no equipment or services can be purchased by SBSC before April 1, 2025.

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3. PRE-SOLICITATION MEETING. A voluntary pre-solicitation meeting will be held for all interested Bidders on the day and time listed on page 1 of this solicitation. An overview of the solicitation process and review of scope of services will be conducted at this meeting. Any questions regarding the technical specifications shall be submitted in an email to the Procurement Agent responsible for this solicitation. Answers to these questions will be issued in the form of a written addendum.

4. TERM. This Bid will be effective upon Board approval or February 4, 2025, whichever is later, for a period of one (1) year. The School Board of Seminole County Florida reserves the right to cancel this contract by giving 30 days’ notice of cancellation before the end of any fiscal year that falls within the term of this contract. Please refer to Section 3, for multiyear agreements.

5. AWARD. Bid shall be awarded all or none, by lot, by partial lot, or by item as indicated in Exhibit B, Price Schedule, to the lowest responsive and responsible bidder(s) meeting all specifications, terms and conditions. Bidder should carefully consider each item for conformance to bid specifications. In addition, the School Board reserves the right to make multiple awards such as a primary, secondary, etc. for all items.

6. QUANTITIES / VOLUME OF BUSINESS. Quantities shown on the Price Schedule are the School Board’s anticipated needs and are not to imply or guarantee any purchase quantities during the term of this agreement.

7. SPECIAL DELIVERY REQUIREMENTS. All pricing shall be quoted FOB inside delivery to

Seminole County, Florida unless otherwise indicated and all items shall meet or exceed the Specifications/Scope of Work under Section III of this solicitation. All equipment shall be delivered to the School Board of Seminole County, Technology Park Annex, 450 Technology Park, Lake Mary, FL 32746.

If it is in the best interest of the district, SBSC reserves the right to require the awardee to warehouse partial SBSC owned inventory, which shall be delivered to the Technology Park Annex with a 72-hour notice from SBSC. The awardee shall maintain liability property insurance on inventory held per the limits in Section I. General Purchasing Terms and Conditions, #35.

8. DELIVERY OF PROPOSALS. All proposals must be received and accepted in the Vendorlink portal, www.myvendorlink.com before the ITB Closing Date and Time to be considered.

II. SPECIFICATIONS / SCOPE OF WORK

1. SCOPE. SBSC currently maintains a combination of Juniper Mist and Extreme Networks

Aerohive Wireless Access Points (WAPs) at its instructional facilities. SBSC must increase wireless coverage density at thirty-eight (38) school locations to provide a more robust and reliable network to accommodate digital instruction and online computer-based assessments.

SBSC expects to utilize Category 2 E-Rate funding to purchase this equipment.

The following are the minimum required technical specifications:

Network Management

A. Cloud Management with microservices architecture.

B. Solution must provide seamless scalability, mix-and-match, pay-as-you-grow options.

C. Wireless access points must have ability for management in all three of the following ways:

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• Public Cloud (Vendor hosted).

• Private Cloud (Customer hosted/on-premises).

• API - 100% access and public facing.

D. SSO access via SAML with SHA256/384/512.

E. Easy firmware upgrades to an individual access point or to a group of access points.

F. Easy configuration updates to an individual access point or to a group of access points without the need to reboot Access Point hardware.

G. Ability to group access points by location to allow location-specific configuration.

H. Provide an easy to use, integrated graphical tool to display the location of the access points, clients, and rogue devices.

I. Real time event correlations with root cause analysis.

J. Unmanaged anomaly detection to identify issues causing negative performance.

K. Dynamic Packet Capture to automatically record client issues.

L. Wired and wireless packet capture from AP without impacting client Wi-Fi connection.

M. Configurable service level expectations for client health monitoring.

N. Ability to easily monitor and compare service levels for multiple locations at once.

O. Automatic RMA based on cloud monitoring of AP hardware failure.

P. Automatic firmware issue monitoring.

Q. Active monitoring of network switches (vendor agnostic) to detect missing network VLAN configuration necessary for SSID configuration.

R. Ability to monitor ethernet port speed of all APs from GUI.

S. Protected audit logs for each system login and each configuration change including change details with filtering options for date, admin name, network segment and configuration type.

T. Event alerts via GUI or email with customized options for Network segment, admin, and alert type.

U. Provide anomaly detection for specific APs including bad cable, ARP failure, Authentication failure, DHCP failure, and DNS failure.

V. Provide Wireless Security alerting for detection of the following:

• Client Connection to rogue AP

• Rogue AP

• BSSID Spoofing.

• EAP Handshake Flood

• Honeypot SSID

• Repeated Client Authentication Failures

• Disassociation Attack

• Excessive Clients

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• Out of Sequence

• Replay Injection - KRACK Attack

• SSID Injection

W. Network Assistance tools using Natural Language Processing with the ability to understand user intent for troubleshooting all network configurations.

X. Allow for Zero Touch Provisioning of Access Points with automatic naming including:

• Site Name

• MAC Address

• Increment Counter

• Any free text within the format

Y. Single Interface with no third-party applications needed to achieve functionalities listed above.

Access Point Hardware Functionality

A. Quad-Radio 802.11ax (Wi-Fi 6E):

• 2.4GHz 4×4:4 802.11ax

• 5GHz 4×4:4 802.11ax

• 6GHz 4x4:4 802.11ax

• Dedicated scanning radio 2.4GHz,5GHz,6GHz tri band WIDS/WIPS, spectrum analysis, synthetic test client, and location analytics radio.

B. Four 2.4GHz Internal Omni-directional antenna, Four 5GHz Internal Omni-directional antenna, Four 6GHz Internal Omni-directional antenna

C. Primary Ethernet Port :100/1000/2500/5000 Base-T (802.3bz); RJ45; PoE PD.

D. Secondary Ethernet Port: 10/100/1000Base-T; RJ45.

E. 16-element Vivaldi Antenna Array + Omni Bluetooth Antenna able to support user engagement, asset visibility, and contact tracing.

F. Ceiling, ceiling tile, desktop, and wall mountable.

G. Offer optional Recessed T-bar mounting bracket.

Access Point Software Functionality

A. Ability for 2.4GHz radio to operate in 5 GHz mode without loss of fourth radio sensor functionality.

B. Automatic RF channel and power optimization relying on reinforcement learning and neural networks for optimization over time.

C. Multiple VLAN tagging on a specific SSID.

D. Zero touch provisioning of AP hardware.

E. Automatic Configuration Roll-Back upon detection of misconfiguration.

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F. Mobile app support allows onboarding, device name, placement on map, and photograph during AP installation.

G. WPA3 Certified.

H. Integrated RADIUS server and RADIUS Proxy.

I. Support for multiple pre-shared keys for unique identification and classification on a single

SSID including:

• Ability to create private Wireless environment for users to isolate wireless users from each other.

• Ability to limit a PSK to specific device.

• Ability to limit a PSK to multiple devices.

• Ability to define maximum number of devices per PSK.

• Ability to map each PSK to specific VLAN.

• Ability to map each PSK to user role with ability to define access policy.

• Ability to define expiry date per PSK.

• Ability to import bulk PSK via CVS file or other by API.

J. Rogue, Honeypot, and Neighbor AP detection with adjustable RSSI triggers.

K. Apple Bonjour support.

Guest Access

A. Secure guest access shall allow each guest to receive a unique pre-shared key without the use of certificates.

B. Support for different types of captive Web Portals (CWP). CWPs must be customizable and must support major world languages.

C. Guest access solution shall support guest self-registration from a browser, mobile app or/and kiosk.

D. Solution shall support multiple ways of distributing guest/BYOD keys.

E. Solution shall support the option to revoke the key and force the change of the key.

Technical Support Services

A. Support tickets can be submitted and monitored from within the network management GUI.

B. Ticketing system shall support individual staff accounts and ticket history.

C. Support tickets can be escalated by submitter.

D. Ticket response times:

- Level 1: Information Requests - 24 hours

- Level 2: Non-critical function is down – 8 hours

- Level 3: Business critical function is impaired – 4 hours

- Level 4: Business critical function is down – 1 hour

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E. Support tickets leading to determination of defective hardware can be converted to an RMA and processed by technical support engineers.

F. Advanced direct shipping of replacement hardware within three business days to end user address prior to returning defective hardware.

III. SUBMITTAL REQUIREMENTS. The Bidder shall include the following documents with their submittal:

1. Invitation to Bid and Bidder’s Acknowledgment (on Page 1) - Signed by an authorized representative of the Bidder.

2. Exhibit B, Price Schedule - Signed by the Bidder.

3. Attachment – “A,” Drug-Free Workplace Certification

4. Attachment – “B,” Reference Document (minimum of three (3) references.) **References not required from vendors with current, active contract(s) with SBSC.

5. Attachment – “C,” Certification Regarding Debarment, Suspension Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions Attachment – “D,” Disclosure of any Conflict of Interest

6. Attachment – “E,” Scrutinized Company Certification

7. Attachment – “F,” Byrd Anti-Lobbying Amendment Certification (To be submitted if bid exceeds $100,000)

8. Attachment – “G,” Emergency / Storm Related Catastrophe Agreement

9. Attachment – “I,” Vendor Affidavit Regarding the Use of Coercion for Labor and Services

10. Addenda, if applicable - Signed by the Bidder

11. If a Florida Corporation, a screenshot of the company’s “ACTIVE” business entity registration through sunbiz.org.

12. If a Non-Florida Corporation (Foreign), a screenshot of the company’s “ACTIVE” business entity registration.

**MAKE SURE ALL DOCUMENTATION IS SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE

BIDDER. FAILURE TO COMPLY MAY RESULT IN DISQUALIFICATION ON THE GROUNDS OF NON-

RESPONSIVENESS TO THE REQUIREMENTS OF THE BID.

IV. GENERAL PURCHASING TERMS AND CONDITIONS. These general terms will apply to all purchases by the School Board as a result of an award hereunder. In the event of a conflict between Section II and subsequent sections herein, the provisions of any subsequent sections shall be specific to the goods or services requested and shall have precedence. The titles used are for convenience only; the Bidder is responsible for understanding and complying with all terms and conditions herein.

1. DEFINITIONS.

A. The School Board of Seminole County, Florida may be referred to as the “Board,”

“School Board” or “SBSC” herein.

B. Contractor. For this Invitation to Bid (ITB), the word “Contractor” shall have the same meaning as “Bidder,” “Business Entity,” “Individual,” “Proposer,” “Respondent,” and “Vendor” who submits a written response to this ITB; and shall have the same meaning for any successful awardee(s) hereunder.

C. Non-Responsible. A Contractor, business entity, or individual that responds to this ITB and the response does not provide the required documentation supporting that it has the ability or capability to fully perform the requirements of the solicitation.

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D. Non-Responsive. A Contractor, business entity, or individual that responds to this ITB and the response does not conform to the mandatory or essential requirements contained in this ITB.

E. Responsible. A Contractor, business entity or individual that responds to this ITB and the response provides the required documentation supporting that it has the ability or capability to fully perform the requirements of this ITB.

F. Responsive. A Contractor, business entity or individual that responds to this ITB and the response fully conforms in all material respects to the ITB and all of its requirements, including all form and substance.

G. Solicitation. This Invitation to Bid document.

2. PRICING / TAXES. All pricing shall be based on FOB Seminole County Florida and will include all packaging, handling, shipping charges, and delivery to any point within Seminole County Florida to a secure area or inside delivery. The School Board is exempt and does not pay Federal Excise or State of Florida Sales taxes.

3. TERMS OF PAYMENT / INVOICING. The normal terms of payment will be Net 30 days from receipt and acceptance of goods or services and Contractor’s invoice. Itemized invoices bearing the Purchase Order number must be mailed on the day of shipment. Invoicing subject to cash discounts will be mailed on the day that they are dated.

4. TRANSPORTATION AND TITLE.

A. Title to the goods shall pass to the School Board upon receipt and acceptance at the destination unless indicated otherwise herein. Until acceptance, the Contractor retains the sole insurable interest in the goods.

B. The shipper shall prepay all transportation charges. The School Board will not accept collect freight charges.

C. No premium carriers shall be used for the School Board’s account without prior consent of the Director of Purchasing and Distribution Services.

5. RISK OF LOSS. The Contractor shall assume the following risks:

A. All risks of loss or damage to all goods, work in process, materials, and equipment until the delivery thereof as herein provided;

B. All risks of loss or damage to third persons and their property until delivery of all goods as herein provided;

C. All risks of loss or damage to any property received by the Contractor or held by the Contractor or its suppliers for the account of the School Board, until such property has been delivered to the School Board;

D. All risks of loss or damage to any of the goods or part thereof rejected by the School Board, from the time of shipment thereof to Contractor until redelivery thereof to the School Board.

6. PACKING LIST. All shipments shall include an itemized list of each package contents and reference the School Board‘s Purchase Order number. No charges shall be allowed for cartage or packing unless agreed upon by the School Board prior to shipment.

7. INSPECTIONS AND TESTING. The School Board will have the right to expedite, inspect, and test any of the goods at work covered by this Bid. All goods or services are subject to the School Board’s inspection and approval upon arrival or completion. If rejected, they will be held for disposal at the Contractor’s risk. Such inspection, or the waiver thereof, however, shall not relieve the Contractor from full responsibility for furnishing goods or work conforming to the requirements of this Bid or the Bid Specifications, and will not prejudice any claim, right, or privilege the School Board may have because of the use of defective or unsatisfactory goods or work.

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8. STOP WORK ORDER. The School Board may at any time by written notice to the Contractor stop all or any part of the work for this Bid award. Upon receiving such notice, the Contractor shall take all reasonable steps to minimize additional costs during the period of work stoppage.

The School Board may subsequently either cancel the stop work order resulting in an equitable adjustment in the delivery schedule and/or the price or terminate the work in accordance with the provisions of the Bid terms and conditions.

9. WARRANTY. All goods and services furnished by the Contractor, relating to and pursuant to this Bid shall be warranted to be free of defects, meet or exceed the Specifications contained herein, and fit for the intended use. In the event of breach, the Contractor shall take all necessary action, at Contractor’s expense, to correct such breach in the most expeditious manner possible.

10. INDEMNIFICATION. The Contractor agrees to indemnify and save harmless the School Board, its officers, agents and employees from and against any and all claims and liabilities (including expenses) for injury or death of persons or damage to any property which may result, in whole or in part, from any act or omission on the part of the Contractor, its agents, employees, or representatives, or are arising from any Contractor furnished goods or services, except to the extent that such damage is due solely and directly to the negligence of the School Board.

11. INSURANCE. Contractors and vendors shall provide a certificate(s) evidencing such insurance coverage to the extent listed in Sections 1-5 below before commencement of work.

Insurance listed in Section 1 below is required of all Contractors and vendors: SBSC and its

Board members, officers, and employees shall be named as an additional insured to the Commercial General Liability insurance policy on a form no more restrictive than ISO form CG 20 10 (Additional Insured -– Owners, Lessees, or Contractor). If SBSC and its Board members, officers, and employees are not named as additional insureds then SBSC reserves the right terminate this agreement.

Insurance listed in Section 2 below: All Contractors engaging in construction-related activities, as defined by 440.02(8) Florida Statutes, on behalf of SBSC are required to carry this insurance to the limit listed below. All non-construction Contractors whose work for SBSC includes products or services, and the value of these products or services are in excess of $25,000 are required to carry this insurance to the limit listed below.

Insurance listed in Section 3 below: Any Contractor or vendor transporting district employees, delivering or transporting district owned equipment or property, or providing services or equipment where a reasonable person would believe SBSC is responsible for the work of the Contractor from portal to portal is required to carry this insurance to the limit listed below.

Insurance as listed in Section 4 below: All non-construction Contractors and vendors that have one (1) or more employees or subcontracts any portion of their work to another individual or company are required to have Workers’ Compensation insurance. For contracts of $25,000 or more, no State of Florida, Division of Workers’ Compensation, Exemption forms will be accepted. All Contractors engaging in construction-related activities, as defined by 440.02(8) Florida Statutes, on behalf of SBSC are required to have Workers’ Compensation insurance. All entities and individuals required to have Workers’ Compensation insurance must purchase a commercial Workers’ Compensation insurance policy to the limits listed below. The Workers’ Compensation policy must be endorsed to waive the insurer’s right to subrogate against SBSC, and its Board members, officers and employees in the manner which would result from the

24250044B-AZ Page 10 of 33 Last update: 10-14-24 attachment of the NCCI Waiver of Our Right to Recover from Others Endorsement (Advisory Form WC 00 03 13).

Insurance as listed in Section 5 below: All Contractors providing professional services including, but not limited to, architects, engineers, attorneys, auditors, accountants, etc. are required to have this insurance to the limits listed below.

All Contractors shall carry and maintain policies as described in Sections 1 to 5 below and as checked off in the box to the left of each Section 1 to 5 below. All required insurance must be from insurance carriers that have a rating of “A” or better and a financial size category of “VII” or higher according to the A. M. Best Company. All required insurance policies must be endorsed to provide for notification to SBSC thirty (30) days in advance of any material change in coverage or cancellation. This is applicable to the procurement and delivery of products, goods, or services furnished to the School Board of Seminole County, Florida.

The Contractor shall, within thirty (30) days after receipt of a written request from SBSC, provide

SBSC with a certified copy or certified copies of the policy or policies providing the coverage required by this Section 12. The Contractor may redact or omit, or cause to be redacted or omitted, those provisions of the policy or policies which are not relevant to the insurance required by Section 12.

All insurance provided by the Contractor shall apply on a primary basis to and shall not require contribution from, any other insurance or self-insurance maintained by SBSC. Any insurance, or self-insurance, maintained by SBSC shall be in excess of, and shall not contribute with, Contractor-provided insurance.

1. Commercial General Liability Insurance:

Bodily Injury and Property Damage

Per Occurrence - $1,000,000 General Aggregate - $2,000,000

2. Product Liability and/or Completed Operations Insurance:

Bodily Injury and Property Damage

Products – Completed Operations Aggregate - $2,000,000

3. Automobile Liability:

Bodily Injury and Property Damage:

Combined Single Limit (each accident) - $1,000,000

4. Workers’ Compensation/Employer’s Liability:

W.C. Limit Required* - Statutory Limits E.L. Each Accident - $ 500,000

E.L. Disease – Each Employee - $ 500,000 E.L. Disease – Policy Limit - $ 500,000

5. Professional Liability Insurance (Errors and Omissions):

For services, goods or projects that will exceed $1,000,000 in values over a year.

Each Claim - $1,000,000

Annual Aggregate - $2,000,000 For services, goods or projects that will not exceed $1,000,000 in values over a year.

Annual Aggregate - $1,000,000

6. Environmental / Pollution Liability:

Bodily Injury and Property Damage:

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Environmental / Pollution Liability Aggregate - $2,000,000

Except as otherwise specifically authorized in this Agreement, no deductible or self-insured retention for any required insurance provided by the Contractor pursuant to this Agreement shall be allowed.

To the extent any required insurance is subject to any deductible or self-insured retention (whether with or without approval of SBSC), the Contractor shall be responsible for paying on behalf of SBSC (and any other person or organization that the Contractor has, in this Agreement, agreed to include as an insured for the required insurance) any such deductible or self-insured retention.

The Contractor shall continue to maintain products/completed operations coverage in the amounts stated above for a period of three (3) years after the final completion of the work.

Professional Liability coverage must be maintained in the amounts stated above for a two-year period following completion of the contract.

Compliance with these insurance requirements shall not limit the liability of the Contractor, its subcontractors, sub-subcontractors, employees, or agents. Any remedy provided to SBSC or SBSC’s Board members, officers or employees by the insurance provided by the Contractor shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of the Contractor) available to SBSC under this Agreement or otherwise.

Neither approval nor failure to disapprove insurance furnished by the Contractor shall relieve the Contractor from the responsibility to provide insurance as required by this Agreement.

12. SOVEREIGN IMMUNITY / LIMITED LIABILITY. Notwithstanding any provision herein or attached hereto, nothing shall be construed as a waiver of School Board’s rights and sovereign immunities under Florida Statutes. School Board damages shall be limited in accordance and to the extent allowed by §768.28 Florida Statute.

13. LAWS AND REGULATIONS. Contractors shall comply with all applicable federal, state and local laws, statutes and ordinances including, but not limited to the rules, regulations and standards of the Occupational Safety and Health Act of 1970, the Federal Contract Work Hours and Safety Standards Act, and the rules and regulations promulgated under these Acts.

Contractors agree not to discriminate against any employee or applicant for employment because of race, sex, religion, color, age or national origin. Lack of knowledge of applicable laws, statutes and ordinances by the Contractor shall not constitute a cognizable defense against actual or potential damages caused thereby.

14. GOVERNING LAW & VENUE. All agreements as a result of an award hereto and all extensions and modifications thereto and all questions relating to its validity, interpretation, performance or enforcement shall be governed and construed in conformance to the laws of the State of Florida.

In the event of a legal proceeding, the venue for state court shall be in Seminole County Florida or for federal court be United States District Court, Middle District of Florida, and Orlando Division.

15. PATENTS, COPYRIGHTS & ROYALTIES. Contractors agree to indemnify and save harmless the School Board, its officers, employees, agents, or representatives from liability of any nature or kind, including cost and expenses for or on account of copyrighted, patented or un-patented invention, process or article of manufactured or used in the performance of the contract award hereunder. If the Contractor uses any design, device or materials covered by royalties or cost arising from the use of such design, device or material in any way involved in the work shall be included in the price proposal of the Contractor.

16. PERMITS/LICENSES/FEES. Any permits, licenses, or fees required shall be the responsibility of the successful Contractor; no separate or additional payment shall be made. A copy of these licenses and permits shall be submitted to the Procurement Agent prior to commencement of work. If the service(s) being provided requires that individuals or organizations be licensed by

24250044B-AZ Page 12 of 33 Last update: 10-14-24 the Florida Department of Business and Professional Regulation or any other state or federal agency, such license(s) should be obtained by the Bid due date and time. For state licensing, contact the Florida Department of Business and Professional Regulation, Tallahassee, FL 32399-0797, Phone 850.487.9501.

17. CONTRACTOR’S EMPLOYEE BACKGROUND CHECK. All Contractor employees that require access to school campuses must be cleared by School Board or an appropriate agency and wear a School Board issued current picture identification badge. Contractors hereunder shall comply with the required background check of employees and with any requirements regarding wearing of PPE equipment as may be applicable and failure to comply shall be considered a material breach of contract. Refer to https://www.scps.k12.fl.us/district/departments/purchasing/vendor-info/vendor-fingerprint-requirements.stml for School Board for Background Check Requirements

A. CLEARANCE BY SCHOOL BOARD. Contractor shall comply with the requirements of the Jessica Lunsford Act §1012.465 Florida Statute in regards to fingerprinting and level 2 background screenings of all applicable employees and any sub-contractor employees.

B. CLEARANCE BY OTHERS. Pursuant to §1012.468 Florida Statute, if Contractor employees have been cleared by another agency and already possess a uniform statewide identification badge issued by the agency, Contractors are required to complete the FSSR Form for School Board badging.

18. TERMINATION.

A. DEFAULT. The School Board may terminate all or any part of a subsequent award by giving notice of default to Contractor, if Contractor:

1) Refuses or fails to deliver the goods or services within the time specified;

2) Fail to comply with any of the provisions of this Bid or so fails to make progress as to endanger performances, hereunder, or;

3) Becomes insolvent or subject to proceedings under any law relating to bankruptcy, insolvency, or relief of debtors. In the event of termination for default, the School Board’s liability will be limited to the payment for goods and services delivered and accepted as of the date of termination.

4) Termination for cause includes terminations under 287.135, F.S.

B. CONVENIENCE. The School Board may terminate for its convenience at any time, in whole or in part any subsequent award. In which event of termination for convenience, the School Board’s sole obligations will be to reimburse Contractor for:

1) Those goods or services actually shipped / performed and accepted up to the date of termination, and

2) Costs incurred by Contractor for unfinished goods, which are specifically manufactured for the School Board and which are not standard products of the Contractor, as of the date of termination, and a reasonable profit thereon.

In no event is the School Board responsible for either loss of anticipated profit or reimbursement exceeding the Bid value.

C. FUNDING. Contracts awarded hereunder are subject to the appropriation and availability of funds as approved by the School Board of Seminole County Florida. In the event funding for the specific purpose of this solicitation is not funded or such funds are insufficient, the contract may be terminated immediately without penalty.

19. PERFORMANCE. In an effort to reduce the cost of doing business with the School Board, and unless indicated elsewhere a Bid or performance bond may not be required. However, upon https://www.scps.k12.fl.us/district/departments/purchasing/vendor-info/vendor-fingerprint-requirements.stml https://www.scps.k12.fl.us/district/departments/purchasing/vendor-info/vendor-fingerprint-requirements.stml

24250044B-AZ Page 13 of 33 Last update: 10-14-24 award and subsequent default by Contractor, the School Board reserves the right to pursue any or all of the following remedies:

A. To accept the next lowest available Bid price or to purchase materials or services on the open market, and to charge the original award the difference in cost via a deduction to any outstanding or future obligations;

B. The Contractor in default will be barred for consideration of future Bid awards for a period of time determined by the severity of the default, but not exceeding three (3) years.

C. Any other remedy available to the School Board in tort or law.

20. FORCE MAJEURE. Neither party shall be obligated to perform any duty, requirement or obligation under this Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil commotions, or by reason of any other matter or condition beyond the control of either party, and which cannot be overcome by reasonable diligence and without unusual expense (“Force Majeure”). In no event shall a lack of funds on the part of either party be deemed Force Majeure.

21. ASSIGNMENT. Any Purchase Order or contract issued pursuant to an award hereunder, and the monies that may become due are not assignable except with the prior written approval of the School Board, through the Purchasing and Distribution Services Department.

22. AUDIT AND INSPECTION. The School Board or its representative reserves the right to inspect and/or audit all the Contractor's documents and records as they pertain to the products and services delivered under this agreement. Such rights will be exercised with notice to the Contractor to determine compliance with and performance of the terms, conditions and specifications on all matters, rights and duties, and obligations established by this agreement.

Documents / records in any form shall be open to the Board's representative and may include, but are not limited to, all correspondence, ordering, payment, inspection, and receiving records, contracts or sub-contracts that directly or indirectly pertain to the transactions between the Board and the Contractor.

23. CONTRACTOR’S PUBLIC RECORDS. Pursuant to §119.0701 Florida Statutes, “Contractors” as defined by statute that enter into a contract for services with the School Board and are acting on behalf of the School Board are required to comply with public records laws and to specifically:

A. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service.

B. Provide the public with access to public records on the same terms and conditions that the School Board would provide the records and at a cost that does not exceed the cost provided by statute 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.

D. Meet all requirements for retaining public records and transfer, at no cost, to the School Board all public records in possession of the Contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the School Board in a format that is compatible with the information technology systems of the School Board.

E. If a Contractor does not comply with a public records request, the School Board shall enforce the contract provisions which may include immediate termination of contract.

F. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF

CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO

PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE

CUSTODIAN OF PUBLIC RECORDS, CAROLYN BEDSOLE, IS PROJECT

24250044B-AZ Page 14 of 33 Last update: 10-14-24

MANAGER AT 407-320-0466, carolyn_bedsole@scps.k12.fl.us, THE SCHOOL

BOARD OF SEMINOLE COUNTY, FLORIDA, 400 EAST LAKE MARY BLVD.,

SANFORD, FLORIDA 32773.

24. FLORIDA DEPARTMENT OF STATE, DIVISION OF CORPORATIONS REGISTRATION

REQUIREMENTS.

A. Respondents who are required to be registered with the Florida Department of State, Division of Corporations or who are incorporated within the State of Florida must furnish their Florida document number, and a screen shot of their “active” status. All registered respondents must have an active status in order to be eligible to do business with the School Board. Respondents doing business under a fictitious name, on page 1, must submit their offer using the company’s complete registered legal name; example: ABC, Inc. d/b/a XYZ Company. To register with the State of Florida, visit: www.Sunbiz.org.

B. If the firm is not located in Florida, the firm must provide their state’s document number and a screen shot of their current, date-identified “active” status with their submittal.

25. PUBLIC ENTITY CRIMES. A Bidder who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit Bid on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, Subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.

26. OTHER AGENCIES. All respondents awarded contracts from this solicitation may, upon mutual agreement with the awarded respondent(s), permit any school board, community college, state university, municipality or other governmental entity, to include Public Charter Schools to participate in the contract under the same prices, terms and conditions. Further, it is understood that each entity will issue its own purchase order to the awarded respondent(s).

27. DRUG-FREE WORKPLACE. Whenever two or more Solicitations are equal with respect to price, quality, and service, a Solicitation received from a business that certifies that it has implemented a drug-free workplace program as defined by Section 287.087 Florida Statutes, will be given preference in the award process. If the Contractor does not maintain a formal “Drug Free Workplace” or does not perform random drugs tests on its employees, then the Contractor’s employee must submit to a drug test by the School Board at a cost of $27.00 prior to working on the School Board account. (See Attachment “A”).

28. NEW MANUFACTURE. The items Bid shall be new and currently manufactured model of the best quality and highest-grade workmanship, carry the manufacture’s standard warranty as a minimum, and be equal to the specifications stated herein. Unless stated otherwise, used, remanufactured, refurbished, or reconditioned products are unacceptable.

29. SAMPLES AND BRAND NAMES.

A. BRAND NAMES. Specifications referencing specific brand names and models are used to reflect the kind and type of quality in materials and workmanship, and the corresponding level of performance the School Board expect to receive as a minimum.

Bidders offering equivalents or superior products to the brand/model referenced will: (a) reference on the Bid in the space provided the manufacturer’s name, brand name, model and/or part number; (b) next to the price Bidder will indicate “ALT” to reflect an alternate offering; (c) where no sample is provided with the Bid, Bidders will enclose sufficient technical specification sheets and literature to enable the School Board to reach a preliminary evaluation; (d) the School Board may request and Bidder agrees to submit a sample or to provide its product on-trial or demonstration, whichever the School Board mailto:carolyn_bedsole@scps.k12.fl.us http://www.sunbiz.org/

24250044B-AZ Page 15 of 33 Last update: 10-14-24 may deem appropriate, at no charge to the Board; (e) the School Board reserves the right to determine the acceptability of any alternatives offered.

B. SAMPLES. Any sample requested by this Bid or to be provided at the Bidder’s option, should be forwarded under separate cover to the attention of the Purchasing and Distribution Services Department. The package or envelope will reference the “Bid Number”, “Bid Title”, and “Bid Item Number” and clearly marked “Samples”. All samples will be provided free of charge, including transportation charges. Bidders are responsible for notifying and making arrangements for a pickup from the School Board if a return of samples is expected. All samples unclaimed for thirty (30) days will be disposed of at the discretion of the School Board.

30. SUBSTITUTIONS. Substitution of other brands for items awarded and ordered is prohibited.

In the event an awarded item is discontinued by the manufacturer during the term of the contract and is not available from either the Contractor’s or the manufacturer’s inventory then the Contractor must provide written notification from the manufacturer that the item has been discontinued. The Contractor must file a written request with the Procurement Agent and be granted approval to substitute. Requests to substitute shall be accompanied by complete specifications for the proposed substitute and a sample may be requested.

31. GENERAL EVALUATION CRITERIA.

A. Primary factors used to decide the award hereunder will be price, ability to meet specifications and responsiveness. In the event alternatives are offered, the School Board reserves the right to consider and accept or reject alternatives at its discretion.

B. A Bidder’s past performance may be used in the evaluation of this Bid.

C. The School Board reserves the right to evaluate by lot, by partial lot, or by item, and to accept or reject any Bid in its entirety or in part, and to waive, but not obligated to, minor irregularities if the Bid is otherwise valid.

D. In the event of a price extension error, the unit price will be accepted as correct.

E. The School Board may consider in conjunction to any award hereunder, those products, services and, prices available to them through contracts from state, federal, and local government agencies or other School Boards within the State of Florida.

F. Changes or amendments to the School Board standard “General Purchasing Terms and Conditions” submitted with your Invitation to Bid document may result in your Bid being deemed “non-responsive.”

G. The district hereby notifies interested parties that the purchasing agreements and state term contracts, available under Section 287.056, of the Department of Management Services will be reviewed for the subject of the award recommendation of this solicitation.

32. POSTING OF BID CONDITIONS/SPECIFICATIONS, CLARIFICATIONS, AND

INTERPRETATIONS.

A. This Bid will be posted for review by interested parties on VendorLink, the School Board’s third party notification service, and this link is accessible on the Purchasing and Distribution Services Department’s website at:

https://www.scps.k12.fl.us/district/departments/purchasing/comp-solicitations-contracts/ and will remain posted up to and including the Due Date of this Bid. In accordance with Florida Statutes 120.57(3), with respect to a protest of the terms, conditions, and specifications contained in a solicitation, including any provisions governing the methods for ranking bids, or modifying or amending any contract, the notice of protest shall be filed in writing within 72 hours after the posting of the solicitation. Failure to file a specification protest within the time prescribed in Florida Statutes 120.57(3) will constitute a waiver of proceeding under Chapter 120, Florida Statutes. School https://www.scps.k12.fl.us/district/departments/purchasing/comp-solicitations-contracts/

24250044B-AZ Page 16 of 33 Last update: 10-14-24

Board Policy #6326 – Bid Protests may be found online at https://www.scps.k12.fl.us/district/school-board/policies-procedures/.

B. Any questions concerning the terms, conditions or specifications will be directed to the designated Procurement Agent referenced on the Bidder’s Acknowledgement. Any ambiguities or inconsistencies shall be brought to the attention of the designated Procurement Agent in writing at least ten (10) workdays prior to the due date of the Bid.

Failure to do so, on the part of the Bidder will constitute an acceptance by the Bidder of any consequent decision.

C. An addendum to the Bid shall be issued and posted for those interpretations that may affect the eventual outcome of this Bid.