RFP 23-06-WP Solicitation Document.pdf

Santa Rosa County School Board RFP 23-06-WP Insurance Worksite Products

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SANTA ROSA COUNTY SCHOOL BOARD

Dr. Karen Barber, Superintendent of Schools

Purchasing Department 6544 Firehouse Road

Milton, FL 32570-3411

Phone (850) 983-5130 Website: http://sites.santarosa.k12.fl.us/purchasing/

The Santa Rosa County School Board solicits a submission as listed in this request for proposal. All terms and conditions below are a part of this proposal request, and no proposals will be accepted unless all these terms and conditions have been met, unless superseded by the proposal specification. Rights are reserved to reject any and all proposals and to waive technicalities. Proposals not submitted in accordance with this proposal request will be rejected.

GENERAL TERMS AND CONDITIONS

1. The purchasing department will be the point of contact for this proposal, unless otherwise noted in the proposal specifications. The

Purchasing Agent regarding this proposal is Wes Pavlicek and can be reached at: (850) 983-5130 or Pavlicekw@santarosa.k12.fl.us. Under no circumstances are the superintendent of schools, board members, school administrators or any other school board employee to be contacted concerning this proposal until after award. Any such contact may result in proposal disqualification.

2. Price, quality, specifications, payment discounts, warranty, travel time for warranty service, ability to provide service and time of guaranteed delivery will be the determining factors in the awarding of this proposal.

3. Proposal price shall be the delivered and unloaded price to the designated point according to the purchase order. *** Collect shipments will be refused *** No deposits or requests for pre-payment will be allowed.

4. Proposals may be awarded or rejected in whole or item by item, with rights being maintained to make joint awards if in the best interest of the district. The Santa Rosa County School Board will retain all copyright and patent rights that may be created by the contract resulting from this proposal. These rights are to include, but are not to be limited to written works, computer software and mechanical devices that are created as a requirement of this proposal.

5. Enough detail is given in the proposal to describe the item being requested, although not written, full manufacturer's specifications are implied. Manufacturer's specifications take precedent over information within this proposal if any discrepancy exists.

6. Any manufacturer's name, trade name, brand name, information and/or catalog numbers listed in a specification are for information only to describe and establish general quality levels, not to limit competition. Such references are not intended to be restrictive. The bidder may offer any brand for which authorized to represent, which meets or exceeds the specifications for any and all items. If proposals are based on equivalent products, indicate on the proposal form the manufacturer's name and number and indicate any deviations from the specifications. IMPORTANT NOTE: If offering an alternate, complete manufacturer's literature, giving full description of the alternate being offered, must be submitted. Failure to submit manufacturer's descriptive literature when offering an alternate can result in proposal rejection for failing to comply with proposal instructions. Any proposal lacking written indication of intent to quote an alternate brand will be considered and received as a proposal in complete compliance with the specifications as listed in the proposal. If upon receipt it is found not to meet specifications, payment will not be made, and the item will be returned at the contractor’s expense.

7. For Service and Term contracts, the board reserves the right to provide all services internally, and similar goods and services may be procured through a general contractor or other existing contract. The board also reserves the right to separately bid out large purchases of similar goods and services.

8. In the event more than one proposal is submitted for a line item, please indicate the alternate item by inserting "ALT" after the unit price.

9. To be considered all proposals must be submitted on the enclosed proposal form, properly signed by an authorized representative on the company placing the proposal, and delivery date stated.

http://sites.santarosa.k12.fl.us/purchasing/ mailto:Pavlicekw@santarosa.k12.fl.us

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10. In the event of an error in extending the total cost of an item, the total price submitted will prevail.

11. Proposals must be submitted electronically through BidNet Direct, located at https://www.floridabidsystem.com unless otherwise stated in RFP specifications. Proposals by telephone or fax will not be accepted.

12. The proposal opening shall be done publicly and at the time noted in the proposal specifications.

13. Tie proposals will be awarded to the bidder with the earliest postmark or if hand delivered, the earliest actual time noted or stamped on the envelope. It is the bidder’s responsibility to ensure the actual date and time are noted on the envelope.

14. A notice of intended decision will be posted in the office of the Purchasing Director one week prior to award. A notice of intended decision will be furnished only to bidders who supply a self-addressed, stamped envelope with their proposal or by downloading from the purchasing department internet web site at http://sites.santarosa.k12.fl.us/purchasing. Bidders and interested parties may examine the proposal tabulations and files during normal business hours (public record) after proposals have been awarded.

15. Rights are reserved to purchase additional quantities at proposal price.

16. Based on School Board Policy 7.70 X, Direct Purchasing, the School District may elect to purchase materials and equipment included in a contractor’s proposal directly from the supplier.

17. Payment will not be made until an order is completed in full.

18. The successful bidder will allow duly authorized representatives of the board, the Auditor General of the State of Florida, the

Comptroller General of the United States, or other authorized representatives access to any books, documents, papers, and records of the bidder which are directly pertinent to this contract for the purpose of making audits, examinations, excerpts, and transcriptions.

19. When contract is federally funded, retention of all required records is to be for three years after grantees or sub grantees make final payments and all other pending matters are closed in accordance with 2 CFR 200.334.

20. Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. All contact in this regard to be made exclusively with the Purchasing Department. In the event of litigation involving this contract, the venue shall be Santa Rosa County Florida. Arbitration will not be an acceptable means to resolve disputes.

21. Conflicts of interest as per F.S. 287.057:

a. The contractor must provide in writing any potential conflict of interest, real or apparent, to the School District. This could include, but is not limited to, any School Board Member or employee holding an office in the contract company.

b. Any employee of the contractor that may have a conflict of interest in the proposal, real or apparent, must recuse themselves from the submission process.

c. Failure to disclose any potential conflict of interest could result in disqualification of the vendors proposal as a nonresponsive bid or termination of the contract for cause if the contract has already been awarded.

22. Notice of noncompliance per 2 CFR Appendix II to Part 200(A) and Florida Statute 287.058: should a contractor fail to fulfill obligations in part or whole of the contract award, the School Board will issue a Notice of Noncompliance to the contractor. The Notice of Noncompliance will detail the infraction(s), remedy(ies), and the date in which compliance must be met. Failure to correct the deficiencies after the issuance of the notice, the School Board will move to terminate the contract as outlined in paragraph 23 below.

23. Termination per 2 CFR Appendix II to Part 200(B) and Florida Statute 287.058:

a. The School Board may terminate an agreement, in part or in whole, for its convenience or the failure of the bidder to fulfill contractual obligations. The School Board shall terminate by delivering to the bidder a written Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the bidder shall:

i. Immediately discontinue all services affected (unless the notice directs otherwise).

ii. Deliver to the School Board all information, papers, reports, and other materials accumulated or generated in performing the contract, whether completed or in progress.

b. If the termination is for the convenience of the School Board, the School Board shall only be liable for payment for services rendered before the effective date of the termination.

c. If the termination is due to the failure of the bidder to fulfill its obligations under the contract, The School Board may:

i. Require the bidder to deliver any work described in the Notice of Termination.

https://www.floridabidsystem.com/ http://sites.santarosa.k12.fl.us/purchasing https://sites.santarosa.k12.fl.us/policy/policy7_70.pdf https://www.ecfr.gov/cgi-bin/text-idx?SID=bdb52ec3ce0528f0bfcdedb38a116425&mc=true&node=se2.1.200_1333&rgn=div8 https://www.ecfr.gov/cgi-bin/text-idx?SID=bdb52ec3ce0528f0bfcdedb38a116425&mc=true&node=se2.1.200_1333&rgn=div8 http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0120/Sections/0120.57.html http://leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0200-0299/0287/0287.html https://www.ecfr.gov/cgi-bin/text-idx?SID=bdb52ec3ce0528f0bfcdedb38a116425&mc=true&node=ap2.1.200_1521.ii&rgn=div9 http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0287/Sections/0287.058.html https://www.ecfr.gov/cgi-bin/text-idx?SID=bdb52ec3ce0528f0bfcdedb38a116425&mc=true&node=ap2.1.200_1521.ii&rgn=div9 http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0287/Sections/0287.058.html

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ii. Take over and prosecute the same to completion by contract of otherwise and the bidder shall be liable for any additional cost incurred by the School Board.

iii. Withhold any payments to the bidder for purpose of set-off or partial payment, as the case may be, of amounts owed by the School Board to the bidder.

d. In the event of termination for cause, the School Board shall be liable to the bidder for reasonable costs incurred by the bidder before the effective date of the termination. Any dispute shall be decided by the School Board’s Director of Purchasing and Contract Administration.

24. (Service proposals only) Insurance required to be carried shall include:

a. Insurance

i. The Company shall furnish proof of the following insurance to the Board by Certificate of insurance.

ii. The Certificate of Insurance shall state that the School Board, including its agents and employees, are additional insureds under the policy or policies.

iii. The Company shall provide Certificates of Insurance to the District’s Risk Manager at 6032 Hwy 90, Milton, FL, 32570 prior to the start of any work under this contract.

iv. The Companies insurers shall provide thirty (30) days advance written notice via certified mail in the event of cancellation of any insurance program required by this contract.

v. All insurance policies shall be issued by companies either of the following qualifications:

vi. The company must be (1) authorized by subsisting certificates of authority by the Department of Insurance of the State of Florida or (2) an eligible surplus lines insurer under Florida Statutes. In addition, the insurer must have a Best’s Rating of “A-” or better and a Financial Size Category of “VI” or better according to the latest edition of Best’s Key Rating Guide, Published by A.M. Best company.

vii. With respect only to Workers’ Compensation insurance, the company must be (1) authorized as a group self-insurer pursuant to Florida Statutes or (2) authorized as a commercial self-insurer fund pursuant to Florida Statutes.

viii. Workers’ Compensation Insurance. The Company shall maintain Workers’ Compensation coverage as required by Florida Statute 440, covering all Company employees employed in connection with this contract and Employers Liability Insurance with minimum limits of $1,000,000 per occurrence.

ix. Comprehensive General Liability Insurance. The Company shall procure and maintain for the life of the contract/agreement, Comprehensive Liability Insurance, Broad Form, including Products and Completed Operations Liability. This policy shall provide coverage for death, bodily injury, personal injury, or property damage that could arise directly or indirectly form performance of the contract. The coverage must be on an occurrence form basis with minimum limits of $1,000.000 per claim, $1,000,000 per occurrence, combined single limit for bodily injury and property damage liability

x. Business Automobile Liability. The Company shall procure and maintain, for the life of the contract/agreement Business Automobile Liability Insurance with minimum limits of $1,000,000 per claim, $1,000.000 per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall be on an “Any Auto” or “Comprehensive Form” policy. The coverage shall be on an occurrence form policy. In the event the Company does not own any vehicles, hired and non-owned coverage shall be provided in the amounts listed above.

b. Indemnification / Hold Harmless

i. Contractor agrees to indemnify and hold harmless the School Board, its members, officers, employees and agents, harmless from any and all claims, actions, costs, expenses, damages, and liabilities, including reasonable attorney’s fees, arising out of, connected with or resulting from: (a) the negligence, intentional wrongful act, misconduct or culpability of Contractor’s members, officers, or employees or other agents in connection with and arising out of any services within the scope of this Agreement; (b) Contractor’s material breach of this Agreement or law; or (c) any failure by Contractor to pay its suppliers or any subcontractors. In addition, Contractor shall indemnify, protect and hold the School Board harmless against all claims and actions brought against the School Board by reason of any actual or alleged infringement of patent or other proprietary rights in any material, process, machine or

P a g e 4 | 20 appliance used by Contractor, except when School Board, or required Contractor to use that material, process, machine, or appliance, and any claims or actions related to violation of any state or Federal statutes or regulations including those referenced in this Agreement. Contractor shall not indemnify the School Board for intentional or negligent conduct of the School Board or any other cause of action caused by or through the fault of the School Board.

ii. The School Board agrees to indemnify and hold harmless Contractor, its members, officers, employees and agents, harmless from any and all claims, actions, costs, expenses, damages, and liabilities, including reasonable attorney’s fees, arising out of, connected with or resulting from: (a) the negligence, intentional wrongful act, misconduct or culpability of the School Board’s members, officers, employees or other agents in connection with and arising out of any services within the scope of this Agreement; or (b) the School Board’s material breach of this Agreement or law. In addition, the School Board shall indemnify, protect and hold Contractor harmless against all claims and actions brought against the Contractor by reason of any actual or alleged infringement of patent or other proprietary rights in any material, process, machine or appliance used by the School Board or required by the School Board to be used by Contractor, and any claims or actions related to violation of any state or Federal statutes or regulations including those referenced in this Agreement.

iii. Notwithstanding anything to the contrary contained herein, through such indemnification set forth in Sections i and ii above, the School Board and Contractor do not waive sovereign immunity to the extent sovereign immunity is available or beyond the limited waiver of sovereign immunity set forth in Section 768.28, Florida Statutes. In the event of any claims described in Sections i and ii above, the School Board and Contractor shall notify one another of any such claim promptly upon receipt of same. The School Board and Contractor shall each have the option to defend such claims with their own counsel at the expense of the other party. If the School Board or Contractor choose to not hire their own counsel to defend, the other party shall assume the defense of any such claim and have authority in the defense thereof. The parties' obligation to indemnify one another shall survive the termination of this Agreement.

Direct all insurance inquiries to Risk Management (850) 983-5150.

25. Person or persons submitting a proposal who contends that all or part of the proposal, (record), is exempt from inspection and copying, shall state the basis of the exemption, (on the proposal document, in writing), that he or she contends is applicable to the record. This is to include the statutory citation to an exemption created or afforded by statute.

26. Other governmental agencies or governmental agencies which qualify under State Board of Education 6A-1.012 and Board of Governors regulation 18.001 may purchase from this bid if approved by the winning contractor.

27. In accordance with Florida Statute 1011.14, funding is subject to availability of appropriated funds.

28. The Jessica Lunsford Act: The Santa Rosa County School District reserves the right to refuse to accept services from any personnel deemed by the Santa Rosa County School District to be unqualified, disorderly, or otherwise unable to perform assigned work. This law, effective September 1, 2005, affects your business if you, your employees, or your agents will have access to school grounds when students are present, have direct contact with students or have access to or control of school funds. A copy of House Bill 1877, which was approved by the Governor on May 2, 2005 (Chapter 2005-28, L.O.F., section 21) may be found by accessing the following link on the internet: http://laws.flrules.org/files/Ch_2005-028.pdf. The requirements of this new law must be met in order for the School Board to continue working with you. The implementation procedures for this new law, as well as the amendment of July 2007, are posted on our website, at: http://srcsdhumanresources.weebly.com/jessica-lunsford.html

29. As per Florida Statute 119.071 (Public Records) sealed bids, proposals, or replies received by an agency in response to a competitive solicitation shall be exempt from public inspection or copying until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier.

30. (Service Contracts Only) Pursuant to Florida Statute 119, the contractor must follow all public records law.

http://laws.flrules.org/files/Ch_2005-028.pdf http://srcsdhumanresources.weebly.com/jessica-lunsford.html http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0119/Sections/0119.071.html http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0119/0119ContentsIndex.html&StatuteYear=2017&Title=-%3E2017-%3EChapter%20119

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31. 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 AT (850)983-5030, WestE@santarosa.k12.fl.us, OR 6032 HWY 90, MILTON, FLORIDA 32570.

32. A contractor who fails to provide the public records to the School Board within a reasonable time may also be subject to penalties under Florida Statute 119.

33. The School District has reviewed Florida State purchasing agreements and state term contracts.

34. (Online Software Services Only) The District takes the confidentiality and security of our student information very seriously. The contractor must adhere to the following:

a. Maintain confidentiality of all data.

b. Use provided data only for the specified purpose.

c. Take all steps reasonably necessary to protect confidential information and to prevent confidential information from falling into the public domain or into the possession of unauthorized persons.

d. Destroy or return all data to the District upon termination of the contract.

e. Encrypt the Data by SSL or other cryptographic method anytime it is transmitted electronically.

f. Sign the District’s Data Disbursement Confidentiality Disclosure Agreement, yearly, which can be reviewed at this link:

https://www.santarosa.k12.fl.us/docsabc/ or sign the Student Privacy Pledge at https://studentprivacypledge.org/, in lieu of signing the confidentiality agreement, and remain a valid signatory.

g. Provide no-cost support for one of the following methods of federated Single Sign-On through our SSO platform ClassLink (classlink.com), excluding any Clever integration, if student or teacher login is required:

i. LTI 1.0 or higher

ii. OAuth 2.0

iii. SAML

iv. ADFS

h. Use IMS Global OneRoster v1.1 REST API or accept OneRoster CSV files via SFTP using ClassLink Roster Server (https://www.classlink.com/rosterserver/), excluding any Clever handshakes, if student or teacher login is required and service requires rosters. OneRoster integration must use OneRoster enrollments data to create class structures and enroll students.

i. Automatically provision (create) accounts on first launch for services that do not require roster data.

35. Contractors must comply with the Equal Employment Opportunity provisions of 41 CFR Part 60. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

36. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. 276A TO 276A-7). Where applicable, each contractor and sub-contractor (collectively, "Contractor") certifies that it is, and will continue for the term of this contract, to be in compliance with the Davis- Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor (DOL) regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, the contractor is herein required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, the contractor agrees to pay wages not less than once a week. The contractor must provide a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The contractor acknowledges that the decision to award this contract or subcontract is conditioned upon the acceptance of the wage determination which the contractor accepts. The contractor agrees to report all suspected or reported violations to the Federal awarding agency and to notify SRCSB concurrently. The contractor certifies that it is, and will continue to http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0119/0119ContentsIndex.html&StatuteYear=2017&Title=-%3E2017-%3EChapter%20119 https://www.santarosa.k12.fl.us/docsabc/ https://studentprivacypledge.org/ https://www.imsglobal.org/activity/onerosterlis https://www.classlink.com/rosterserver/ https://www.ecfr.gov/cgi-bin/text-idx?SID=b945a57db1ed5678da2d3548a56e1699&mc=true&tpl=/ecfrbrowse/Title41/41chapter60.tpl https://www.ecfr.gov/cgi-bin/text-idx?SID=b945a57db1ed5678da2d3548a56e1699&mc=true&tpl=/ecfrbrowse/Title41/41chapter60.tpl https://www.ecfr.gov/cgi-bin/text-idx?SID=b945a57db1ed5678da2d3548a56e1699&mc=true&tpl=/ecfrbrowse/Title41/41chapter60.tpl https://www.ecfr.gov/cgi-bin/text-idx?SID=b945a57db1ed5678da2d3548a56e1699&mc=true&tpl=/ecfrbrowse/Title41/41chapter60.tpl https://www.dol.gov/ofccp/regs/statutes/eo11246.htm https://www.ecfr.gov/cgi-bin/text-idx?SID=b945a57db1ed5678da2d3548a56e1699&mc=true&tpl=/ecfrbrowse/Title41/41chapter60.tpl https://uscode.house.gov/view.xhtml?req=(title:40%20section:276a%20edition:1999)%20OR%20(granuleid:USC-1999-title40-section276a)&f=treesort&num=0&edition=1999 https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40-section276a-7&num=0&edition=1999#:%7E:text=40%20USC%20276a-7%3A%20Application%20of%20sections%20276a%20to,AND%20WORKS%20GENERALLY%20Jump%20To%3A%20Source%20Credit%20%C2%A7276a%E2%80%937.

https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/dbra.pdf https://www.ecfr.gov/cgi-bin/text-idx?SID=d83cb8b7cd4367dad303324c29d5caff&mc=true&node=pt29.1.5&rgn=div5

P a g e 6 | 20 be, for the term of this contract in full compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by DOL regulations (29 CFR Part 3). See provision 37 for Copeland "Anti-Kickback" Act details.

37. Copeland “Anti-Kickback” Act (40 U.S.C. 3145). The contractor must comply with the Copeland “Anti-Kickback” Act, as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. All suspected or reported violations will be reported to the Federal awarding agency.

38. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

39. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

40. Contractors with awarded contracts in the amount in excess of $150,000 agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

41. Contractors with awarded contracts in the amount in excess of $150,000 agree to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

42. Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (see 2 CFR 180.220) will not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

43. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) – Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

44. Prohibition on certain telecommunications and video surveillance services or equipment – Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title40-chapter31-subchapter4&edition=prelim https://www.ecfr.gov/cgi-bin/text-idx?SID=d83cb8b7cd4367dad303324c29d5caff&mc=true&node=pt29.1.3&rgn=div5 http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title40-chapter31-subchapter4&edition=prelim https://www.ecfr.gov/cgi-bin/text-idx?SID=d83cb8b7cd4367dad303324c29d5caff&mc=true&node=pt29.1.3&rgn=div5 https://www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleII-partA-chap37.pdf https://www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleII-partA-chap37.pdf https://www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleII-partA-chap37.pdf https://www.ecfr.gov/cgi-bin/text-idx?SID=d83cb8b7cd4367dad303324c29d5caff&mc=true&node=pt29.1.5&rgn=div5 https://www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleII-partA-chap37.pdf https://www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleII-partA-chap37.pdf https://www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleII-partA-chap37.pdf https://www.ecfr.gov/cgi-bin/text-idx?SID=d83cb8b7cd4367dad303324c29d5caff&mc=true&node=pt37.1.401&rgn=div5 https://www.ecfr.gov/cgi-bin/text-idx?SID=d83cb8b7cd4367dad303324c29d5caff&mc=true&node=pt37.1.401&rgn=div5 https://www.gpo.gov/fdsys/pkg/USCODE-2010-title42/html/USCODE-2010-title42-chap85.htm https://www.gpo.gov/fdsys/pkg/USCODE-2011-title33/pdf/USCODE-2011-title33-chap26.pdf https://www.ecfr.gov/cgi-bin/text-idx?SID=d83cb8b7cd4367dad303324c29d5caff&mc=true&node=pt2.1.180&rgn=div5 https://www.ecfr.gov/cgi-bin/text-idx?SID=d83cb8b7cd4367dad303324c29d5caff&mc=true&node=pt2.1.180&rgn=div5 https://www.gpo.gov/fdsys/pkg/USCODE-2010-title31/pdf/USCODE-2010-title31-subtitleII-chap13-subchapIII-sec1352.pdf https://www.gpo.gov/fdsys/pkg/USCODE-2010-title31/pdf/USCODE-2010-title31-subtitleII-chap13-subchapIII-sec1352.pdf https://www.govinfo.gov/content/pkg/PLAW-115publ232/pdf/PLAW-115publ232.pdf

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Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. (c) See Public Law 115-232, section 889 for additional information.

(d) See also § 200.471.

45. Domestic preferences for procurements – As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: (1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. See § 200.322.

NOTE: Do not return this document with proposal submission.

https://www.govinfo.gov/link/plaw/115/public/232 https://www.govinfo.gov/link/plaw/115/public/232 https://www.ecfr.gov/current/title-2/section-200.471 https://www.ecfr.gov/current/title-2/section-200.322

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*** PROPOSAL SPECIFICATIONS ***

The Santa Rosa County School Board, Milton, Florida, solicits your company to submit a proposal on RFP 23-06-WP Insurance Worksite Products as listed in this proposal request. All terms and conditions below are a part of this proposal request. No proposals will be accepted unless these terms and conditions have been met. Rights are reserved to reject any and all proposals and to waive technicalities. Proposals which are not submitted in accordance with this proposal request will be rejected.

Pre-proposal Conference – Detailed information will be discussed at a pre-proposal conference to be held 04/18/2023 at 01:00pm CT, at the Santa Rosa County School Board 6032 Hwy 90, Milton, FL 32570 Conference room #705. Additionally, the pre-proposal conference will be offered by virtual meeting via Microsoft Teams at:

Click here to join the meeting https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZDg0NzYwYWMtOWVjMi00ZWJjLWJjZWUtZTEyZWYzMmQ1ZDVm%40thread.v2/0?context=%7 b%22Tid%22%3a%224451d2cd-d9cf-4901-bd90-8b5962cdaf7e%22%2c%22Oid%22%3a%22f63fe0c0-0db6-4d2d- 9223-171e407686da%22%7d

For those that are not able to join this virtual meeting you may call in with the following phone number: (+1 850-400- 4211,,602480962#), then enter the conference when prompted 222 481 977 707.

The first five (5) minutes of the conference will be for distribution of documents and for contractors to sign in. The conference will be recorded, with the resulting recording becoming a part of the documentation for this solicitation. Copies of the recording will be made available to interested parties by notifying the Purchasing Department.

Term of Contract – The coverage/contracts resulting from this proposal shall be as follows:

An initial 24-month period beginning on or about 01/01/2024 and ending 12/31/2025, Upon mutual agreement of the School Board and Service Provider(s), coverage/contracts may be extended for three (3) additional one (1) year periods.

Cancellation must be in writing and received one hundred and twenty days (120) days prior to January 1st of each contract year. Silence from both parties will be considered as acceptance for another contract year at the same terms and conditions. This condition is not to preclude providing the lowest possible price based on current economic conditions. If economic conditions warrant a change in the conditions or terms of the contract, either party may exercise the cancellation privilege on the next anniversary date without prejudice. The resulting contract from this proposal may be cancelled by the Santa Rosa County School Board, at any time, for the contractor’s failure to comply with proposal specifications. Funding for this proposal is subject to availability of appropriated funds. Invoices are to be broken down and detailed as per items listed on proposal form and will be audited for the length of this contract.

Evaluation of Proposals – A committee will review, and rank proposals based on various factors including, but not limited to, company history, qualifications, location, performance references, responsiveness, and price. Presentations may be requested of the top ranked contractors. If necessary, the committee will enter negotiations with the company that receives the number one ranking https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZDg0NzYwYWMtOWVjMi00ZWJjLWJjZWUtZTEyZWYzMmQ1ZDVm%40thread.v2/0?context=%7b%22Tid%22%3a%224451d2cd-d9cf-4901-bd90-8b5962cdaf7e%22%2c%22Oid%22%3a%22f63fe0c0-0db6-4d2d-9223-171e407686da%22%7d tel:+18504004211,,602480962#%20 tel:+18504004211,,602480962#%20

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Weighted Categories Classification Category Weight Considerations

Compliance Compliance Pass/Fail

The requirements as stipulated in the RFP are evaluated as a pass/fail (P/F) outcome. All requirements are met = PASS (responsive). Any requirement that is not met = FAIL (non-responsive). If a submission is evaluated as FAIL, meaning that one or more of these requirements are not met, it is deemed “non-responsive” and will not be formally scored.

Technical Experience 20% Time in business; technical approach & capabilities

Technical Performance 30% Performance history, references; employee benefit package/scope of services met

Pricing Pricing/Warranty 50% Invoice/base rate for services; % discounts Total: 100%

Submission of Proposals – All proposals must be submitted electronically through BidNet Direct, located at https://www.floridabidsystem.com prior to 3:00 PM CT, 05/12/2023. All documents requested shall be uploaded by the vendor to the BidNet Direct. Proposals submitted will be publicly reviewed in the Director of Purchasing and Contract Administrator’s office at 3:15pm CT, 05/12/2023, to be acknowledged and referred to the Purchasing Manager for tabulation and to the Committee for evaluation. The notice of intended decision will be posted by 4:00PM CT, 07/17/2023. The contract award will be at the School Board meeting of 07/24/2023, or a later date if additional study is required. Those submitting proposals and interested parties are invited and encouraged to attend both the opening and award. Only the names of the companies submitting a proposal will be announced verbally at the RFP opening per Florida Statute 119.071.

Visit https://sites.santarosa.k12.fl.us/purchasing/registration/intro.htm to register with BidNet Direct to submit a bid for this solicitation.

Questions and Answers – Questions are to be submitted electronically through BidNet Direct no later than 04/25/2023 4:00PM CT. Questions will be reviewed and those determined to be relevant to the RFP will be answered and posted by 04/26/2023 to BidNet Direct.

SCOPE OF WORK

Part I General Information This RFP solicits proposals for Insurance Worksite Products to include Cancer, Critical Illness, Hospital Indemnity, Accident, Long-Term and Short-Term Disability. Each proposal received will be severable unless the Proposal indicates that the coverages/services are required to be purchased together. It is the Proposer’s responsibility to explain such details in the proposal.

The Proposer understands that this RFP does not constitute an agreement or a contract with the Proposer. An official contract or agreement is not binding until proposals are reviewed and accepted by the District and executed by all parties.

The School Board reserves the right to reject all proposals, to waive any informality, to negotiate with vendors, and to solicit and re- advertise for other proposals.

https://www.floridabidsystem.com/ https://sites.santarosa.k12.fl.us/purchasing/registration/intro.htm

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Legal Requirements Applicable provision of all Federal, State, county and local laws, and of all ordinances, rules, and regulations shall govern development, submittal and evaluation of all proposals received in response hereto and shall govern any and all claims and disputes that may arise between person(s) submitting a response to RFP hereto and the School Board by and through its officers, employees and authorized representatives, or any other person, natural or otherwise; and lack of knowledge by any proposer shall not constitute a cognizable defense against the legal effect thereof.

Each Proposer is responsible for full and complete compliance with all laws, rules, and regulations that may be applicable.

Liability The supplier shall hold and save the School Board, its members, its officials, officers, agents and employees harmless from liability of any kind in the performance of the contract resulting from this RFP.

Audit Records The contractor agrees to maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditure of funds provided by the School Board under any contract resulting from the RFP, and agrees to provide a financial and compliance audit to the School Board or to the Office of the Auditor General and to ensure that all related party transactions are disclosed to the auditor. The contractor agrees to include all record keeping requirements on all subcontracts and assignments related to the contract resulting from this RFP.

Retention of Records Contractor agrees to retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertaining to any contract resulting from this RFP for a period of five (5) years.

Copies of all records shall be made available to the School Board upon request.

Proposal Questionnaire Proposers should complete the Proposal Questionnaire Part IV of this RFP. All blanks on the Proposal Questionnaire should be completed. If a question or confirmation is not applicable, it should be answered with an "N/A.”

Supplemental information may be attached to the Proposal Questionnaire. Failure to fully complete the Proposal Questionnaire may result in disqualification of your proposal.

If additional space for a response is required, attach an additional page to the page on which the question is stated. Clearly identify the number of the question to which the response is attached. The signature on the Proposer's submissions must be that of an officer, partner or a sole practitioner of the company making the proposal. The original proposal, and each copy submitted, should contain an original signature on the Proposer contained on the RFP coversheet.

References Proposers should provide at least three (3) references for whom similar coverage/services have been provided in the past three

(3) years. References from the District’s general geographic area and from similarly sized Florida counties, municipalities and/or other governments are preferred.

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Deviations from the Model Program The contract terms and conditions stipulated in this RFP are those desired by the School Board, and preference will be given to those proposals in full or substantial compliance with them. All deviations from the model program must be clearly identified and stated in the proposal.

Multiple Lines of Coverage Include, in writing, all discounts available through bundling or combining proposed products, if applicable.

Acceptance of Electronic Enrollment Successful Proposer must have the capability of accepting electronic enrollment data and working cooperatively with the contracted Benefit Admin system, the School Board’s current vendor who provides on-line benefits administration and enrollment services.

Proposer must be willing to accept weekly files to process benefit changes.

COMMISSIONS

All employees’ paid plans should include standard commissions as part of the premium. The commissions will be disclosed in the proposal for voluntary plans. Commission arrangements, if any, will be between the District, the successful Proposer, and our current agent of record Mark Johnson, Fisher Brown Bottrell Insurance representing the successful Proposer. We will not be accepting bids from other independent brokers, consultants, or agents during this review

Part II

Common Contract Provisions

PROVISIONS INCORPORATED BY REFERENCE

This Part II contains requirements and endorsements, which are common to more than one coverage or service. The contract requirements and endorsements set forth in this Part II are incorporated by reference in such sections. Those provisions, which are identified as endorsements, are to be included verbatim in the insurance policy or contract.

PROHIBITION OF WARRANTY ENDORSEMENT

The Company acknowledges that the District has made a reasonable attempt to provide the Company with relevant and appropriate rating exposures and loss data. The Company therefore waives any right of denial of coverage or voidance of the contract based upon any expressed or implied warranty or representation (whether written or oral) that the rating exposures and loss data provided disclose all exposures or data known to exist.

SOLE AGENT ENDORSEMENT

It is agreed that the District shall be the Sole Agent with respect to payment, cancellation, and notice with respect to the Contract between the District and the successful Proposer(s). Any notice with respect to the foregoing shall be sent in writing to:

Santa Rosa District Schools Alexandra Timmons, Director of Risk Management, 6032 Hwy 90 Milton, Florida 32570

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TERMINATION AND NON-RENEWAL ENDORSEMENT

Notwithstanding any provision in this Contract to the contrary, except with respect to cancellation of this Contract for non-payment (for which at least one hundred and twenty (120) days written notice shall be provided), the Company may not cancel, non-renew, restrict coverage, or restrict the Company's contractual obligations with respect to this Contract except:

as of the end of the 24-month anniversary of the Contract and then only when such action is to be effective at least one hundred and twenty (120) days after receipt by the

District, of valid written notice from the Company of the Company's intention with respect to such cancellation, nonrenewal, restriction of coverage, or restriction of the Company's contractual obligations.

The Company may not affect cancellation of this Contract for non-payment of premium until at least one hundred and twenty

(120) days after receipt by the District, of valid written notice from the Company of the Company's intention with respect to such cancellation.

The written notice of any cancellation, non-renewal or restriction of the Company's contractual obligations shall be delivered by certified mail to:

Santa Rosa District Schools Alexandra Timmons, Director of Risk Management, 6032 Hwy 90 Milton, Florida 32570

This Contract…