FY27-470-1_270001217_Outside_Plant_Fiber_Maintenance_and_Repair_Services.pdf

FORM 470 PROPOSAL ACKNOWLEDGEMENT

POSTING DATE: PROCUREMENT CONTACT & TELEPHONE:

October 28, 2026 Stephen Castleberry

850.469.6207 scastleberry@ecsdfl.us

FORM 470 TITLE: FORM 470 APPLICATION NUMBER:

Outside Plant Fiber Maintenance and Repair Services 470 270001217

QUESTION SUBMISSION DEADLINE: 470 PROPOSAL SUBMISSION DEADLINE:

Wednesday, November 11, 2026 at 5:00p.m., CST Thursday, December 17, 2026 at 1:30p.m., CST

NOTE: PROPOSALS RECEIVED AFTER THE RFP OPENING DATE AND TIME WILL NOT BE ACCEPTED.

The School District of Escambia County, Florida (the District) solicits your company to submit a Proposal on the above referenced goods or services. All terms, specifications and conditions set forth in this request are incorporated by this reference into your response. Proposals will not be accepted unless all conditions have been met. All Proposals must have an authorized signature in the space provided below. All Proposals must be sealed and received in the School District's Procurement Office located at: 75 North Pace Blvd., Pensacola, Florida 32505, by the "470 Proposal Submission Deadline” referenced above. All envelopes containing sealed Proposals must reference the “Form 470 Title”, "Form 470 Application Number" and the “470 Proposal Submission Deadline". The School District is not responsible for lost or late delivery of Proposals by the U.S. Postal Service or other delivery services used by the Responder. If submitting electronically, Responders shall submit their response on BidNetDirect.com/florida. Proposals may not be withdrawn unless otherwise specified.

THE FOLLOWING MUST BE COMPLETED, SIGNED, AND RETURNED AS PART OF YOUR PROPOSAL.

PROPOSALS WILL NOT BE ACCEPTED WITHOUT THIS FORM, SIGNED BY AN AUTHORIZED AGENT OF

THE RESPONDER.

COMPANY NAME:

MAILING ADDRESS:

CITY, STATE, ZIP:

FEDERAL EMPLOYER’S IDENTIFICATION NUMBER (FEIN):

SPIN NUMBER:

TELEPHONE NUMBER: (EXT: )

EMAIL:

I CERTIFY THAT THIS PROPOSAL IS MADE WITHOUT PRIOR UNDERSTANDING, AGREEMENT, OR CONNECTION WITH ANY OTHER RESPONDER SUBMITTING A PROPOSAL 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 TERMS AND CONDITIONS OF THIS RFP AND CERTIFY THAT I AM AUTHORIZED TO SIGN THIS RFP FOR THE RESPONDER. I FURTHER CERTIFY THAT I UNDERSTAND THAT FAILURE ON MY PART AS THE RESPONDER TO RETURN ALL PAGES OF THE ENTIRE RFP PACKAGE, AND/OR FAILURE TO RETURN ANY OF THE ITEMS LISTED IN SECTION III MAY RESULT IN A DETERMINATION THAT THE

PROPOSAL IS NONRESPONSIVE.

TYPED OR AUTHORIZED PRINTED NAME:

SIGNATURE: DATE:

TITLE:

9500-PUR-029 (rev March 6, 2015) Page 1 of 40 FORM 470 270001217 mailto:scastleberry@ecsdfl.us

I. INTRODUCTION AND GENERAL INFORMATION

A. PURPOSE: The purpose and intent of this Solicitation (“RFP”) is to solicit sealed proposals from qualified firms who are approved by the Universal Service Administrative Company (“USAC”) to provide E-rate goods and services as described further in this solicitation for the School District of Escambia County located within Escambia County, Florida (the “District”). The Successful Responder must obtain and maintain USAC approval (SPIN) or proof of (SPIN) application in good standing prior to the proposal evaluation date listed below.

B. CALENDAR OF EVENTS:

Form 470 Proposal Posting (See Page1) Wednesday, October 28, 2026 Deadline for Questions (See Page 6, Section II.V. and Page 12, Section III.N)

Wednesday, November 11, 2026 at 5:00p.m., CST

Answers to Questions and Any Addendums Posted By (See Page 6, Section II.V. and Page 12, Section III.N)

Wednesday, November 18, 2026 at 5:00p.m., CST

Proposal Opening (See Page 1) Thursday, December 17, 2026 at 1:30p.m., CST

District Holiday Closure (No Deliveries or Mail) Monday, December 21, 2026 through Friday, January 1, 2027

Proposal Evaluation Thursday, January 7, 2027 at 9:00a.m., CST

Anticipated School Board Approval Date February 16, 2027

C. GENERAL INFORMATION ABOUT DISTRICT SCHOOLS: The District and its governing board were created pursuant to Section 4, Article IX of the Constitution of the State of Florida. The District is an independent taxing and reporting entity managed, controlled, operated, administered, and supervised by the District’s School Board. The Board consists of five (5) elected officials responsible for the adoption of policies, which govern the operation of the District. The Superintendent of Schools is responsible for the administration and management of the schools within the applicable parameters of state and federal laws and regulations, State Board of Education Rules, and School Board Policies. The Superintendent is also specifically delegated the responsibility of maintaining a uniform system of records and accounts in the District. Additionally, the District is held to adhering to the provisions outlined in the Jessica Lunsford Act in Section III (Special Conditions), Letter E (Background Screening Requirements).

The District is coterminous with Escambia County, which covers eight hundred seventy-six (876) square miles. The District currently operates fifty-one (51) schools/centers which include thirty-two (32) elementary schools, eight (8) middle schools, seven (7) high schools, and four (4) specialized schools/centers.

As one of the largest school districts in the nation, the District serves approximately thirty-three thousand (33,000) students (excludes private schools and the student population changes annually).

II. GENERAL TERMS AND CONDITIONS

NOTE: The term "Responder", “Contractor”, “Respondent” or “Vendor” as used within this Solicitation refers to the person, company or organization responding. The Responder is responsible for understanding and complying with the terms and conditions herein. The term “Parties”, when used collectively, will apply to both the District and the Responder.

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A. GENERAL: Upon award, the terms and conditions of this Solicitation or any portion thereof, may, upon mutual agreement of the parties be extended for an additional term(s) or for additional quantities (all original terms and conditions will remain in effect). Subject to the mutual consent of the parties, the pricing, terms and conditions of this Solicitation, for the products or services specified herein, may be extended to other municipal, city or county government agencies, school boards, community or junior colleges, or state universities within the State of Florida.

B. SOLICITATION OPENING AND FORM: Solicitation openings will be public on the date and time specified on the “Form 470 Proposal Acknowledgement” found on page 1. All proposals received after the time indicated will be rejected as non-responsive and retained by the District.

Proposals by email, fax, telegram, or verbally by telephone or in person will not be accepted.

The public opening will acknowledge receipt of the proposals only; details concerning pricing or the offering will not be announced. All proposals submitted shall become public record upon an announcement of a recommended award or thirty (30) days after the opening date whichever occurs first. To protect any confidential information contained in their proposal, companies must invoke the exemptions to disclosure provided by law in response to the RFP, and must identify the data and other material to be protected, and must state the reasons why such exclusion from public disclosure is necessary.

C. WARRANTY: All goods and services furnished by the Responder(s), relating to and pursuant to this Solicitation will be warranted to meet or exceed the Specifications contained herein. In the event of breach, the Responder(s) will take all necessary action, at Responder’s expense, to correct such breach in the most expeditious manner possible.

D. PRICING: All pricing submitted will include all packaging, handling, shipping charges, and delivery to any point within Escambia County, Florida to a secure area or inside delivery. The School Board is exempt and does not pay Federal Excise and State of Florida Sales Taxes.

E. TERMS OF PAYMENT / INVOICING: The normal terms of payment will be Net 30 Days from receipt and acceptance of goods or services and Responder’s invoice. Itemized invoices, each 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.

F. TRANSPORTATION AND TITLE: (1) Title to the goods will pass to the School District upon receipt and acceptance at the destination indicated herein. Until acceptance, the Responder retains the sole insurable interest in the goods; (2) The shipper will prepay all transportation charges. The District will not accept collect freight charges; (3) No premium carriers will be used for the District’s account without prior written consent of the Director of Procurement.

G. PACKING: All shipments will include an itemized list of each package’s content, and reference the District’s Purchase Order Number. No charges will be allowed for cartage or packing unless agreed upon by the District prior to shipment.

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

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I. STOP WORK ORDER: The District may, at any time by written notice to the Responder, stop all or any part of the work for this Solicitation award. Upon receiving such notice, the Responder(s) will take all reasonable steps to minimize additional costs during the period of work stoppage. The District 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 RFP terms and conditions.

J. INSURANCE AND INDEMNIFICATION: The Responder(s) agrees to indemnify and save harmless the District, 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 Responder(s), its agents, employees, or representatives, or are arising from any Responder(s) furnished goods or services, except to the extent that such damage is due solely and directly to the negligence of the District. The Responder(s) will carry comprehensive general liability insurance, including contractual and product liability coverage, with minimum limits acceptable to the District. The Responder(s) will, at the request of the District, supply certificates evidencing such coverage.

K. RISK OF LOSS: The Responder(s) assumes the following risks: (1) all risks of loss or damage to all goods, work in process, materials and equipment until the delivery thereof as herein provided; (2) all risks of loss or damage to third persons and their property until delivery of all goods as herein provided; (3) all risks of loss or damage to any property received by the Responder(s) or held by the Responder(s) or its suppliers for the account of the District, until such property has been delivered to the District; (4) all risks of loss or damage to any of the goods or part thereof rejected by the District, from the time of shipment thereof to Responder(s) until redelivery thereof to the District.

L. LAWS AND REGULATIONS: Responder(s) will 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.

Responder(s) agree not to discriminate against any employee or applicant for employment because of race, sex, religion, color, age or national origin.

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. The parties agree that jurisdiction for the resolution of any legal issues arising out of this contract shall be solely with the Circuit Courts of Escambia County, Florida. The parties hereby waive venue in any other forum.

M. PUBLIC ENTITY CRIMES: A Responder, person, or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal 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 proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida State Statute, 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.

N. PATENTS: Responder(s) agree to indemnify and save harmless the District, its officers, employees, agents, or representatives using the goods specified herein from any loss, damage or injury arising out of a claim or suit at law or equity for actual or alleged infringement of letters of patent by reason of the buying, selling or using the goods supplied under this solicitation, and will assume the defense of any and all suits and will pay all costs and expenses thereto.

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O. CONFLICT OF INTEREST: The award hereunder is subject to the provisions of Chapter 112 Florida Statutes. All Responders must disclose the name of any company owner, officer, director or agent who is an employee of the School District and/or is an employee of the School District and owns, directly or indirectly, an interest of five percent (5%) or more of the company.

P. TERMINATION: DEFAULT. The District may terminate all or any part of a subsequent award by giving notice of default to Responder, if Responder: (1) refuses or fails to deliver the goods or services within the time specified; (2) fails to comply with any of the provisions of this Solicitation 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 District’s liability will be limited to the payment for goods and services delivered and accepted as of the date of termination. CONVENIENCE. The District may terminate for its convenience at any time, in whole or in part any subsequent award. In which event of termination for convenience, the District’s sole obligations will be to reimburse Responder for (1) those goods or services actually shipped/performed and accepted up to the date of termination, and (2) costs incurred by Responder for unfinished goods, which are specifically manufactured for the District and which are not standard products of the Responder, as of the date of termination, and a reasonable profit thereon. In no event is the District responsible for loss of anticipated profit nor will reimbursement exceed the Solicitation value.

Q. DRUG-FREE WORKPLACE: Whenever two (2) or more proposals are equal with respect to price, quality, and service, a proposal 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.

R. PERFORMANCE: In an effort to reduce the cost of doing business with the District, and unless indicated elsewhere, no bid or performance bond is required. However, upon award and subsequent default by Responder, the District reserves the right to pursue any or all of the following remedies: (1) to accept the next lowest available proposal price or to purchase materials or services on the open market, and to charge the original awardees for the difference in cost via a deduction to any outstanding or future obligations; (2) the Responder in default will be prohibited from activity for a period of time determined by the severity of the default, but not exceeding two (2) years; (3) any other remedy available to the District in tort or law.

S. AUDIT AND INSPECTION: The District or its representative reserves the right to inspect and/or audit all the Responder'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 Responder(s) 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 District's representative and may include but are not limited to all correspondence, ordering, payment, inspection and receiving records, and contracts or subcontracts that directly or indirectly pertain to the transactions between the District and the Responder.

T. SAMPLES AND BRAND NAMES: 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 District expects to receive as a minimum. Responders offering equivalents or superior products to the brand/model referenced will: (1) reference in their proposal the manufacturer’s name, brand name, model and/or part number; (2) next to the price, indicate “ALT” to reflect an alternate offering; (3) will enclose sufficient technical specification sheets and literature to enable the District to reach a preliminary evaluation when no sample is provided with the proposal; (4) agree to any request by the District for submission of a sample or to provide its product on-trial or demonstration, whichever the District may deem appropriate, at no charge to the District. The District reserves the right to determine the acceptability of any alternatives offered. SAMPLES. Any sample requested by this proposal or to be provided at the Responder’s option, should be forwarded

Page 5 of 40 FORM 470 270001217 under separate cover to the attention of the Procurement Office of the District. The package or envelope will reference the Form 470 Proposal Acknowledgement number, Solicitation Title, and Solicitation Item Number and clearly marked “Samples”. All samples will be provided free of charge, including transportation charges. Responders are responsible for notifying and making arrangements for pick up from the District if a return of samples is expected. All samples unclaimed for thirty (30) days will be disposed of at the discretion of the District.

U. EVALUATION CRITERIA: Primary factors used to decide the award hereunder will be price, quality, availability, vendor experience, references, and responsiveness. Other factors that may be used in the evaluation of proposals received will be: (1) administrative costs incurred by the District in association with the discharge of any subsequent award; (2) alternative payment terms; (3) Responder’s past performance. The District reserves the right to evaluate by lot, by partial lot, or by item, and to accept or reject any proposal in its entirety or in part, and to waive minor irregularities if the proposal is otherwise valid. In the event of a price extension error, the unit price will be accepted as correct. The District has sole discretion in determining testing and evaluation methods. The District 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 districts within the State of Florida.

V. CLARIFICATIONS AND INTERPRETATIONS: The District reserves the right to allow for clarification of questionable entries, and for the Responder to withdraw items with obvious mistakes. Any questions concerning terms, conditions or specifications will be directed to the designated Procurement Specialist referenced on page 1. Any ambiguities or inconsistencies shall be brought to the attention of the designated Procurement Specialist, in writing, no later than Wednesday, November 11, 2026 at 5:00 p.m., CST. Failure to do so, on the part of the Responder, will constitute an acceptance by the Responder of the consequent decision. An addendum to the Solicitation shall be issued and posted for those interpretations that may affect the eventual outcome of this solicitation. It is the Responder’s responsibility to assure the receipt of all addendum issued. No person is authorized to give oral interpretations of, or make oral changes to the Solicitation. Therefore, oral statements given before the Solicitation opening date will not be binding. The District will consider no interpretations binding unless provided for by issuance of an addendum. Addenda will be posted to the BidNet Direct website at https://www.bidnetdirect.com/florida by Wednesday, November 18, 2026 at 5:00 p.m., CST. The Responder shall acknowledge receipt of all addenda by signing and enclosing said addenda with their proposal.

W. RFP TABULATIONS, RECOMMENDATIONS, AND PROTEST: Solicitation tabulations with award recommendations will be posted for seventy-two (72) hours in the Procurement Office and are also posted to the BidNet Direct website at https://www.bidnetdirect.com/florida.

Failure to file a protest within the time prescribed in Section 120.57(3) Florida State Statutes will constitute a waiver of proceedings under Chapter 120, Florida State Statutes and School Board Rules. Solicitation tabulations, recommendations or notices will not be automatically mailed.

X. CONTACT: All questions for additional information regarding this Solicitation must be directed to the designated Procurement Specialist noted on page 1. Prospective Responders shall not contact any member of the Escambia County School Board, Superintendent, or staff regarding this solicitation prior to posting of the final tabulation and award recommendation on the BidNet Direct website at https://www.bidnetdirect.com/florida and in the Procurement Office.

Any such contact will be cause for rejection of your Proposal.

Y. PROPOSAL PREPARATION COSTS: Neither the District nor its representatives shall be liable for any expenses incurred in connection with the preparation of a response to this Solicitation.

Page 6 of 40 FORM 470 270001217 https://www.bidnetdirect.com/florida

Z. AGREEMENT FORM: All subsequent agreements as a result of an award hereunder (“Agreement”), shall incorporate all terms, conditions and specifications contained herein, and in response hereto, unless mutually amended in writing.

AA. ADDITIONAL TERMS AND CONDITIONS: The District reserves the right to reject offers containing terms and/or conditions contradictory to those requested in this solicitation.

III. SPECIAL CONDITIONS

These "SPECIAL CONDITIONS" are in addition to or supplement Section II GENERAL TERMS AND CONDITIONS. In the event of a conflict these SPECIAL CONDITIONS shall have precedence.

A. CONTRACT TERM OF AGREEMENT: Upon approval from the School Board of Escambia County, FL, and subject to the allowances and requirements of the E-rate program, this award will be valid for up to five (5) years in one (1) year increments. Each agreement year will be effective from July 1st through June 30th (“Term”). Adjustments to labor rates will be negotiable and limited to the Consumer Price Index for All Urban Consumers (CPI-U):

Selected areas, all items index for South urban; Size B/C as published by the US Department of Labor, Bureau of Labor Statistics in December of the preceding year. Any requests for adjustments must be submitted in writing to the Procurement Department no later than Nov 1st of each following year. Rate adjustments will not be automatic. Current year pricing will be retained for an additional, successive year if the CPI-U is not greater than zero percent (0%) or if the successful Vendor fails to submit a rate adjustment by the deadline. If a rate adjustment is requested, the Procurement Department will provide notification of allowable increases, if applicable, by Jan 15th.

Notification of non-renewal by the Vendor must be sent in writing and received at least ninety (90) calendar days prior to the end of each Term.

The award may, with School Board approval and subject to then-current Florida Statutes, as well as the allowances and requirements of the E-rate program, thereafter be renewed for five

(5) more additional one (1)-year periods, unless the District provides notice (in the District’s sole discretion) to not renew the Agreement. Note: The District’s written notice of non-renewal shall be delivered not less than ninety (90) days prior to the end of the then-current Term.

B. TERMINATION:

1. The District reserves the right to terminate this Agreement and/or any purchase order in accordance with this Proposal, at any time and for any reason.

2. The Contractor may terminate this Agreement at any time with ninety (90) days written notice to the Procurement Specialist listed on page 1 without penalty. Include the reason for the termination in the written notice.

3. In the event that the Contractor breaches the Agreement, then the District reserves the right to seek any and all remedies in the law and/or in equity.

4. All warranty provisions as it relates to services/parts purchased during this Agreement will survive any termination between the parties regardless of cause and the supplier agrees to be obligated to continue to provide warranty repair service when and where needed as if no termination has occurred.

5. During the course of the Agreement, should the District encounter performance issues in the vendor’s execution of their Proposal, the District will begin documenting information concerning those instances. After three (3) instances are recorded within the Agreement Term, a meeting will occur involving a representative from the Responder in question, the Procurement Department, and the Information Technology Department to address.

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If performance does not improve in accordance with the established benchmarks from the joint meeting, the District reserves the right to terminate the Agreement. Should an instance be of such severity that the District has reasonable concern for the safety or viability of the operational ability, then the District reserves the right to request an immediate meeting to address the issue without waiting for three (3) documented records.

C. HARASSMENT/DISCRIMINATION: Contractors doing business with the District are prohibited from harassing, sexually harassing, and/or discriminating against any employee, applicant, or client because of race, creed, color, national origin, sex or age with regard to but not limited to the following: employment practices, rates of pay or other compensation methods, and training selection.

D. EQUAL OPPORTUNITY: Responders affirm by submitting their proposals that they are equal opportunity and affirmative action employers and shall comply with all applicable federal, state and local laws and regulations including, but not limited to: Executive Order 11246 as amended by 11375 and 12086; 12138; 11625; 11758; 12073; the Rehabilitation Act of 1973, as amended; the Vietnam Era Veterans Readjustment Assistance Act of 1975; Civil Rights Act of 1964; Equal Pay Act of 1963; Age Discrimination Act of 1967; Immigration Reform and Control Act of 1986; Public Law 95-507; the Americans with Disabilities Act; 41 CFR Part 60, 2 CFR Part 200 and any additions or amendments thereto.

E. BACKGROUND SCREENING REQUIREMENTS: The successful Responder will comply with all requirements of Sections 1012.32 and 1012.465, Florida Statutes, by certifying that the vendor and all of its employees who provide services under this contract have completed the background screening required by the referenced statutes and meet the standards established by the statutes. This certification will be provided to the school in advance of the vendor providing any services on campus while students are present. The vendor will bear the cost of acquiring the background screening required by Section 1012.32, F.S., and any fee imposed by the Florida Department of Law Enforcement to maintain the fingerprints provided with respect to vendor and its employees. The vendor will follow the procedures for obtaining employee background screening as outlined on the Escambia County School District Website (https://www.escambiaschools.org/departments/human-resource-services/fingerprinting-badging). The parties agree that in the event that vendor fails to perform any of the duties described in this paragraph, this will constitute a material breach of the contract entitling school to terminate immediately with no further responsibility to make payment or perform any other duties under this contract. Vendor agrees to indemnify and hold harmless school, its officers and employees from any liability in the form of physical injury, death, or property damage resulting from vendor's failure to comply with the requirements of this paragraph or Sections 1012.32 and 1012.465, Florida Statutes.

F. THE RESPONDER AS AN INDEPENDENT CONTRACTOR: The Responder shall have sole control over the manner and means of providing the services performed under this Agreement.

The Responder’s relationship to the District under this Agreement shall be that of an Independent Contractor. The Responder will not be considered an agent or employee of the District for any purpose.

As an Independent Contractor, the Responder is responsible for all taxes incident to payments for services herein, including without limitation, all state and federal income taxes payroll and other taxes, and Workers’ Compensation.

Page 8 of 40 FORM 470 270001217 https://www.escambiaschools.org/departments/human-resource-services/fingerprinting-badging

G. COMPLIANCE WITH LAWS: The Responder agrees to comply with all applicable laws, statutes, regulations, rulings, or enactments of any governmental authority under this Solicitation and Agreement, whether or not such is specified in the Agreement. The Responder shall obtain from third parties, including State and local governments, all licenses and permissions necessary for the performance of the work. Lack of knowledge by the successful Responder will in no way be a cause for relief from responsibility. The Responder warrants that it is a duly formed business entity organized and existing in good standing under the laws of the State of its formation and is entitled and shall remain licensed to carry on its business as required by the State of Florida.

H. GOVERNING LAWS: This Agreement is to be governed and construed in accordance with the laws of the State of Florida. The parties agree that jurisdiction for the resolution of any legal issues arising out of this contract shall be solely with the Circuit Courts of Escambia County, Florida. The parties hereby waive venue in any other forum. The Agreement shall not be construed more strongly against any party regardless of who was more responsible for its preparation. The Contractor will pay the District’s reasonable attorneys’ fees and costs for any matter arising as a result of failure to comply with the requirements specified in Escambia School District Public Records Addendum (Attachment I) of the Solicitation. It shall be the sole responsibility of the awarded Contractor to comply with all requirements of Chapter 119 regarding documents received or generated in direct relationship to any contract/agreement awarded by the District. Should any provision of the Agreement be determined by the Courts to be illegal or in conflict with any laws of the State of Florida or of the United States Government, the remaining provisions shall not be impaired, and such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remainder of the Agreement shall remain valid and in full force and effect.

It is the practice of the District to evaluate all Proposals in an open public forum pursuant to Florida Statute 286.011 and to make available for public inspection and copying any information received in response to a Solicitation, in accordance with Florida Statute Chapter 119, as such any information sent to the District is being sent into the public domain. Proposals received as a result of this Solicitation will not become public record until ten (10) days after the date of opening or until posting of a recommendation for award, whichever occurs first. No action on the part of the Responder(s) would create an obligation of confidentiality on the part of the District, including but not limited to, making a reference in the proposal to the trade secret statutes, Florida Statutes 812.081, 815.045. It is recommended that potential Responders exclude from their response any information that, in their judgment, may be considered a trade secret.

I. INDEMNIFICATION: Nothing set forth in any provision of an Agreement shall mean or be construed that the District has waived, altered, or amended in any manner whatsoever the limitations or provisions of Section 768.28, Florida Statutes, regarding the District’s sovereign immunity. The Contractor shall indemnify the Board and to the fullest extent permitted by law, protect, defend, indemnify, and hold harmless the Board, its agents, officers, elected officials, employees and volunteers from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any actual or alleged:

Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there from, or any other damage or loss arising out of, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractor or its subcontractor, or other party directly or indirectly employed by the Contractor for whose acts may be liable in performance of the work; or

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Violation of law, statute, ordinance, governmental administration order, rule or regulation by the Contractor in the performance of the work; or Liens, claims, or actions made by the Contractor, any subcontractor, or other party performing the work.

The indemnification obligations hereunder shall not be limited to any extent on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers’ compensation acts, disability benefit acts, other employee benefit acts or any statutory bar.

Any cost or expense, including attorney’s fees, incurred by the Board to enforce the Agreement shall be borne by the Contractor.

The School Board of Escambia County, Florida agrees to indemnify the Contractor to the extent and only to the extent of the limits set forth in 768.28(5), Florida Statutes and then only for the negligent or wrongful act or omission of any officer or employee acting within the scope of the officer’s/employee’s office or employment under circumstances in which the state or such agency or subdivision, if a private person, would be liable to the claimant. Further, except as specifically provided herein, the School Board does not waive any defense of sovereign immunity. It is further understood and agreed by the parties to this agreement that no officer or employee may be held personally liable except as provided by 768.28(9), Florida Statute.

J. EXAMINATION OF RECORDS: The Responder agrees that the District, the Comptroller General of the United States of America and/or the Inspector General of the Federal Sponsoring Agency, and the Auditor General of the State of Florida or their duly authorized representatives shall have access to, and the right to examine, any directly pertinent books, papers, and records of the Responder involving transactions related to this Agreement until the expiration of ten (10) years after final payment under this agreement or if an audit has been initiated and audit findings have not been resolved at the end of ten (10) years, the records shall be retained until resolution of the audit findings.

K. EX PARTE COMMUNICATION:

1. Ex parte communication, whether verbal or written, by any potential Responders or representatives of any potential Responders to this solicitation with District personnel involved with or related to this RFP, other than as expressly designated in this document, is strictly prohibited. Violation of this restriction may result in the rejection/disqualification

2. Ex parte communication, whether verbal or written, by any potential Responders or representative of any potential Responders to this solicitation with District Board members is also prohibited and will result in the rejection/disqualification of the Responders' offer.

3. Any current meetings the Responder has with District staff and administration, or instructional personnel, shall at no time include any conversation regarding the RFP.

L. COVENANT AGAINST CONTINGENT FEES: The Responder warrants that no person or agency has been employed or retained to solicit or secure a contract pursuant to this Proposal upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the District shall have the right to annul the contract without liability, or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee.

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For purposes of this Section:

1. Bona fide agency means an established commercial or selling agency, maintained by a Responder for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain government contracts nor holds itself out as being able to obtain any government contract or contracts through improper influence.

2. Bona fide employee means a person, employed by a Responder and subject to the

Responder’s supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain government contracts nor holds out as being able to obtain any government contract or contracts through improper influence.

3. Contingent fee, as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a government contract.

4. Improper influence, as used in this clause, means any influence that induces or tends to induce a government employee or officer to give consideration or to act regarding a government contract on any basis other than the merits of the matter.

M. INVOICING AND PAYMENTS: Invoices must detail the type of activity, by whom, and the 471 #. The Contractor must submit a detailed, itemized invoice within thirty (30) calendar days after inspection and acceptance by the District of work contracted for, which will include the Purchase Order number and the 471 number for this project. Should the District’s Invoice Contact discover an error, the Contractor will have fifteen (15) business days to issue a corrected invoice for review. Failure by the Contractor to submit invoices to the District in accordance with this section may result in a denial of payment by the District, and in the event of an audit by USAC regarding invoicing and payment resulting in the return of funds, the Contractor may also be responsible and liable for payment.

Audits will be conducted at the discretion of the District. Responder agrees that all documentation necessary to validate pricing listed on invoice will be provided to the requesting District representative within ten (10) business days of the written request. In the event additional time is required to obtain the necessary documentation, the successful Responder will notify the District designee within five (5) business days of the District’s written request and provide a specified date that the documentation will be ready, which will not exceed thirty (30) days from the date of the written request. Further, the Responder agrees that payment for the invoice in question will be held, without penalty to the District, until the requested documentation has been provided and reviewed by the District, which will not be unreasonably delayed.

Payments will be made on a per-delivery completion with no partial or incremental payments unless authorized in writing by the District’s Procurement Department.

The District is exempt from federal and state taxes for tangible personal property. The Contractor doing business with the District will not be exempted from paying sales tax to its suppliers for materials to fulfill contractual obligations with the District, nor will any Contractor be authorized to use the District’s Tax Exemption Number in securing such materials.

Note: No work shall begin until a Purchase Order has been submitted to the Contractor.

Any bill, invoices, statement or other claim for funds due submitted more than ninety (90) calendar days after inspection and acceptance of the work contracted for may be deemed waived.

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N. COMMUNICATION AND QUESTIONS: Due to time constraints, it is recommended Responders send any questions they may have regarding this solicitation to the designated Procurement Specialist below using a method that can be tracked (email, certified mail, overnight courier, etc.); email is preferred. The deadline for submitting questions concerning this solicitation is Wednesday, November 11, 2026 at 5:00 p.m., CST.

All changes in the specifications contained within this solicitation will be made by Addendum.

All Addendums concerning this Solicitation will be posted to BidNet Direct website at https://www.bidnetdirect.com/florida. It is the sole responsibility of each Responder to contact the Procurement Specialist responsible for this solicitation or visit the District’s website to determine if any Addendums have been issued in order to obtain said Addendum(s). Any applicable Addendums and/or responses to questions received will be posted to the Procurement Department’s Current Bid Activity webpage by Wednesday, November 18, 2026 at 5:00 p.m., CST.

In order for the Escambia County School District, Florida to ensure fair and equal treatment of all participating Responders, the below named individual is the District’s only designated representative for this RFP. Responders shall contact this representative for all information regarding this RFP. Responders who contact any other District employee, staff, Board members, or plan developer regarding this RFP are subject to disqualification from participating in this solicitation.

Stephen Castleberry, Procurement Specialist Procurement Department Escambia County School District 75 North Pace Boulevard Pensacola, FL 32505 Email: scastleberry@ecsdfl.us

Both the Invoice and the Technical point of contact will be named following award. For questions concerning contract and performance, the Procurement Specialist on page 1 will remain the point of contact.

O. FORCE MAJEURE: A “Force Majeure Event” is defined as fire, flood, earthquake, acts of God, wars, riots, civil unrest, vandalism, acts of terrorism, or any other similar cause beyond the reasonable control of either Party (the District or the Responder) which make it illegal, impossible, or unreasonable for the Party to perform as originally contracted under this Agreement. Force Majeure does not apply where the non-performing Party is at fault in failing to prevent or causing the default or delay or if the default or delay cannot reasonably be circumvented by the non-performing Party through the use of alternate sources, workaround plans, or other means. In the event that a Force Majeure Event prevents the Responder from executing its responsibilities under this Agreement, the Responder must immediately notify the District. The District will not hold the Responder in default of this Agreement if the Responder’s non-performance is directly caused by a Force Majeure Event. A strike, lockout, or labor dispute shall not constitute a Force Majeure Event and shall not excuse the Responder from its obligations under this Agreement.

P. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES: In accordance with Chapters 215 and 287, Florida Statutes, the District is prohibited from, or limited in its ability to, contract with companies on the Scrutinized Companies lists created pursuant to Ch. 215, Florida Statutes. This includes companies with activities in Sudan, with activities in the Iran Petroleum Sector, and/or companies which boycott Israel. “Companies” is defined to include “all wholly owned subsidiaries, majority-owned subsidiaries, parent

Page 12 of 40 FORM 470 270001217 https://www.bidnetdirect.com/florida companies, or affiliates of such entities or business associations that exists for the purpose of making profit.” By submitting a response to this solicitation, a respondent certifies that it and all related entities of respondent as defined above are not on such Scrutinized Companies lists. The respondent is specifically required to complete the State of Florida Vendor Certification Regarding Scrutinized Companies Lists form included within this solicitation (Attachment C). Any multi-year agreement award resulting from this solicitation shall further require the awarded vendor to recertify prior to each renewal of the agreement that it and its related entities are not on statutory Scrutinized Companies lists. The School Board (or District) may terminate any agreement resulting from this solicitation if the vendor or a related entity as defined above is found to have submitted a false certification or been placed on a statutory Scrutinized Companies list. Notwithstanding the preceding, the District reserves the right to and may permit a company on such lists to be eligible for, bid on, submit a proposal for, or enter into or renew a contract, should the District determine, on a case- by-case basis and in its sole discretion, that the conditions set forth in Section 287.135(4) are met.

Q. PRICING:

1. All pricing will remain firm through the term of the Agreement as detailed in Section III (Special Conditions), Letter A (Contract Term of Agreement).

2. Responder agrees to hold pricing and Agreement terms following the award through the issuance of Purchase Orders by the District. In the event that the District does not receive a positive funding commitment letter through initial submission or following an appeal; the District will have sole and exclusive ability to revoke the award. In the event that the District wishes to proceed with the purchase of goods and services with an alternate payment source, the Responder and District will negotiate any changes.

3. Due to the possibility of program changes, the Parties agree to work in good faith to address any changes that may affect this solicitation, including cost and quantity.

4. Pricing will be offered in quantity-based tiers to allow for ordering fluctuations while maintaining the per-unit cost within the corresponding tier.

5. Pricing will reflect any additional delivery services required to offload the equipment and deliver inside the location(s). This may include lift-gate, transport via pallet, etc.

6. Responder agrees to provide pricing that would meet the program requirement of “Lowest Corresponding Price (LCP)” as defined by USAC as: “The lowest price that a service provider charges to non-residential customers who are similarly situated to a particular E-rate Program applicant (school, library, or consortium) for similar services.”

7. Pricing must reflect a separation of eligible and ineligible costs. Anything that would be deemed “free”, “promotional”, etc. must be clearly identified with the value of the offering indicated.

8. During the performance of this Agreement, no allowances will be made for price increases, even if as a result of tariffs or government action or inaction.

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9. In the event the price decreases or is found to be a lower cost for the same product or similar services, the District will receive price-matching to the lower cost.

Failure of the Responder to allow this may result in a material breach, subject to the provisions as stated in Section II (General Terms and Conditions), Letter R (Performance).

10. The District will not be liable for any costs not included in the Proposal and subsequent contracted-for-costs.

11. Pricing will not be given consideration until all proposals are determined eligible based on the items in Section IV (Submission Requirements). Further, Section V (Evaluation Criteria), Letter A (Evaluation Matrix) will be evaluated prior to giving consideration to price.

R. ADDITIONAL FEDERAL REQUIREMENTS: While not provided as separate certifications in this Solicitation, by signing the Form 470 Proposal Acknowledgement (Page 1 of this document), the signatory attests to the applicable certification provisions listed below:

1. Title VI of Civil Rights Act of 1964, as amended, USDA regulations implementing Title IX of the Education Amendments, Section 504 of the…