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Nikolai P. Vitti, Ed. D. Superintendent of Schools
Duval County Public Schools www.duvalschools.org
Purchasing Services PH: (904) 858-4848
4880 Bulls Bay Highway FAX: (904)858-4868
Jacksonville, FL 32219
May 18, 2016 TSA Consulting Group Joseph E. Rollins, President 15 Yacht Club Dr. NE Fort Walton Beach, FL 32548
RE: Plan Administration and Compliance Services for 403(B) and 457 Plans, RFP-02-11/LG
Dear Mr. Rollins: On May 16, 2016, the Superintendent’s designee of Duval County Public Schools renewed the contract for Plan Administration and Compliance Services for 403(B) and 457 plans. This is your official notification of the contract renewal for second period. The renewal is for October 1, 2016 through September 30, 2017. In accordance with section 2.8, please forward an updated copy of your insurance certificate. Purchase orders will be issued for these services as required; for the contract period indicated above. If you have any questions about this contract, please contact Louis Mitchum at (904) 858-4859. Thank you for your interest in Duval County Public Schools.
Terrence Wright, Director DCPS Purchasing Services
cc Shannon Shepherd Louis Mitchum
Master Bid File
September 7, 2010, Regular Board Meeting
Title1. PLAN ADMINISTRATION AND COMPLIANCE SERVICES FOR 403(B) AND 457 PLANS
Recommendation
That the Duval County School Board approve a contract for Plan Administration andCompliance Services for 403(b) and 457 Plans to TSA Consulting Group for an initialperiod from the expiration date of the current contract through September 30, 2015.
That the Duval County School Board authorize the Chairman and the Superintendent toaffix their signatures to the agreements upon approval as to legal form and sufficiencyby the Office of Policy and Compliance.
That the Duval County School Board delegate authority to the Superintendent or hisdesignee to renew the contract for subsequent years provided the terms and conditionsare essentially the same and favorable to the school district, and subject to availability offunds. There are five (5) potential one year renewals.
Description
A Request For Proposal (RFP) was published for selecting a firm to provide 403(b) and 457Plan Administration Services for the District. Eleven firms received the RFP and two firmssubmitted proposals. All proposals were uniformly evaluated by a Committee consisting ofDistrict Administrative staff. This RFP was coordinated through the Office of MinorityBusiness Affairs and any recommendations were included in the solicitation. (RFP No. 2-11/LG)
TSA Consulting Group, Inc. (TSACG) will provide assistance in maintaining compliance withthe rules and regulations established by the Internal Revenue Code (IRC) in reference to allretirement plans maintained by the District. The Internal Revenue Service issues and amendsregulations regarding contribution limits, administrative requirements, tax reportingresponsibilities and eligibility requirements. TSACG will provide a variety of administrativeservices to ensure DCPS maintains its compliance status. Other responsibilities includemaintaining the Plan Documents for both the 403(b) and 457 programs, recording allcontributions and distributions, providing educational materials and annual handbooks foreach employee, and assisting the district in the event of an audit.
Strategic Plan GoalAligns with District Strategic Plan Goal No. 6 - Deliver High Quality Support for Schools
Financial ImpactThe expenditures during the last contract were approximately $56,700. Expenditures for theupcoming contract will be approximately $56,700 for the first year and will increase three
Page 113 of 294
percent per year for the remaining four years.
My Contact
Mr. David Ford, Executive Director, General Services/Risk Management, 390-2258
Mr. Paul Scares, Chief Officer, Operations, 390-2008
Mr. Doug Ayars, Jr., P.E., Chief Operating Officer, 390-2007
Attachment: PLAN ADMINISTRATOR EVALUATION - FINAL.pdfAttachment: BENEFITS AND CHALLENGES - Plan Administration and Compliance Services.pdf
,4
! HEREBY CERTIFY Thw THE ATTACHED S-LiTrhcA*>iuiAGENDA STEM NO. _L_ WAS APPROVED BY THE DUVAL : N
- COUNTY SCHOOL BOARD AT THEIR MEETING OF 3=3nJOWITH _1_ BOARD MEMBERS PRESENT AND CASTING A
' VOTEOFl-Q .
BOARD SECRETARY DATE«
Page 114 of 294
PLAN ADMINISTRATION AND COMPLIANCE SERVICES
RFP NO 2-11/LG
EVALUATION FORM
EVALUATORS
EVALUATION ITEMS 1 2 3 4 5 TOTAL
APPROACH TO
SCOPE OF SVCS 10 5 5 10 10 40
(20 Points)
EXPERIENCE AND
REFERENCES 11 6 10 11 8 46
(25 Points)
RESPONSE TO
TECHNICAL QUEST. 15 15 15 15 15 75
(35 Points)
COST OF
SERVICES 20 20 20 20 20 100
(20 Points)
500 POINTS AVAILABLE
EVALUATION TOTAL
TAX DEFERRED SOLUTIONS 261
PERCENTAGE OF AVAILABLE POINTS
52.20%
TAX DEFFERED SOLUTIONS
PLAN ADMINISTRATION AND COMPLIANCE SERVICES
RFP NO 2-11/LG
EVALUATION FORM
EVALUATORS
EVALUATION ITEMS 1 2 3 4 5 TOTAL
APPROACH TO
SCOPE OF SVCS 15 15 15 20 18 83
(20 Points)
EXPERIENCE AND
REFERENCES 20 11 15 18 18 82
(25 Points)
RESPONSE TO
TECHNICAL QUEST. 30 25 15 30 23 123
(35 Points)
COST OF
SERVICES 14 14 14 14 14 70
(20 Points)
500 POINTS AVAILABLE
EVALUATION TOTAL
TSA CONSULTING GROUP 358
PERCENTAGE OF AVAILABLE POINTS
71.60%
TSA CONSULTING GROUP
PLAN ADMINISTRATION AND COMPLIANCE SERVICES
RFP NO. 2-11/LG
EVALUATION SUMMARY
EVALUATION SUMMARY
Point Attainment out of 500 Available Percentage
TAX DEFERRED SOLUTIONS 261 52.20%
TSA CONSULTING GROUP 358 71.60%
- Recommended Vendor
Page 1 of 2
DUVAL COUNTY PUBLIC SCHOOLS PURCHASING SERVICES
Consolidated Service Center
4880 Bulls Bay Highway Jacksonville, FL 32219
PH (904) 858-4848
FAX (904) 858-4868
July 19, 2010
Request For Proposals (RFP)
PLAN ADMINISTRATION AND COMPLIANCE SERVICES FOR 403(B) and 457 PLANS
RFP No. 2-11/LG
ADDENDUM NO. 1
This addendum shall serve to amend, replace and append information provided to
potential respondents in the original RFP package. To assist in the development of their
responses, interested firms are encouraged to carefully review the information found in
this addendum and on any additional attached documents, if applicable. Respondents
are requested to acknowledge receipt of this addendum as a part of their response.
QUESTIONS AND REQUESTS FOR ADDITIONAL INFORMATION
RECEIVED PRIOR TO THE Q/A DEADLINE
1) QUESTION: Who is the current provider(s)?
ANSWER: The current providers for the District are: ING-Reliastar, American
Century, Community First, Equitable Life, ING-Life Insurance,
Mass Mutual, Ohio State, Plan Member, VALIC, VALIC Deferred
comp and Waddell & Reed.
2) QUESTION: What is the total asset size of each plan?
ANSWER: The District does not maintain this data.
3) QUESTION: Can you provide an asset break down of each plan with their
balances?
Page 2 of 2
ANSWER: The District does not maintain this data.
4) QUESTION: Will the provider also act as custodian? If so, will all assets
transfer over to the new provider?
ANSWER: The selected Plan Administrator will not also serve as the
custodian.
5) QUESTION: How many participants are in each plan?
ANSWER: The following is a break-down of participation with the current
providers: ING-Reliastar - 18, American Century - 86,
Community First - 46, Equitable Life - 819, ING-Life Insurance -
1248, Mass Mutual - 26, Ohio State - 276, Plan Member - 8,
VALIC - 481, VALIC Deferred comp - 79, Waddell & Reed - 19
ADDITIONS, DELETIONS AND MODIFICATIONS
Refer to the Required Response Form; Section 2.4 of the RFP, and; Section 3.0 of the
RFP. The deadline date and time for submittals shall be changed to Thursday, July 29,
2010 at 2:00 p.m. (ETD).
REQUEST FOR PROPOSAL (RFP)
RFP NO. 2-11/LG
PLAN ADMINISTRATION AND COMPLIANCE SERVICES FOR
403(B) AND 457 PLANS
See Section 3.0 for Anticipated Timeline
DUVAL COUNTY PUBLIC SCHOOLS Purchasing Services Department
4880 Bulls Bay Highway Jacksonville, Florida 32219
TABLE OF CONTENTS
Section Page
1.0 Required Response Form .................................................................................. 1
2.0 Introduction ...................................................................................................... 2
3.0 Anticipated Timeline......................................................................................... 8
4.0 Information to be included in the RFP Responses (Proposals) ........................... 9
5.0 Scope of Services………………………………………………………………...11
6.0 Evaluation Process and Criteria .......................................................................... 12
7.0 Termination, Suspension and Remedies ............................................................. 13
8.0 Legal Requirements ........................................................................................... 13
9.0 Representations and Warranties ......................................................................... 14
10.0 Conflict of Interest ............................................................................................. 16
11.0 Indemnification/Hold Harmless Agreement ........................................................ 16
12.0 Public Entity Crimes .......................................................................................... 16
13.0 Dispute.............................................................................................................. 17
14.0 Minority Encouragement Plan ............................................................................ 17
15.0 Ex Parte Communication ................................................................................... 17
ATTACHMENTS (To Be Completed and returned as a part of the respondents proposal)
Attachment A – MBE Participation Form
Attachment B - Technical Proposal Questionnaire
Attachment C – Cost Proposal Questionnaire
EXHIBITS
Exhibit A - Good Faith Effort Statement
Exhibit B – Evaluation Worksheet
Page 1 of 17
Duval County Public Schools ww www.duvalschools.org
1701 Prudential Drive PHONE: (904) 390-2000
Jacksonville, FL 32207 TDD: (904) 390-2898
Purchasing Services PH: (904) 858-4848 4880 Bulls Bay Highway FAX: (904) 858-4868
Jacksonville, FL 32219
July 6, 2010
Request for Proposal (RFP)
Required Response Form
PLAN ADMINISTRATION AND COMPLIANCE SERVICES FOR 403(B) AND 457 PLANS
RFP No. 2-11/LG
This response must be submitted to Duval County Public Schools, Purchasing Services, 4880 Bulls Bay Highway, Jacksonville, FL 32219-3235, no later than 2:00 p.m. on July 30, 2010, and plainly marked RFP No 2-11/LG. Responses are due and will be opened at this time. Responses received after 2:00 p.m. on the date due will not be considered.
Anti-Collusion Statement / Public Domain
I, the undersigned vendor have not divulged, discussed, or compared this proposal with any other vendors and have not colluded with any other vendor in the preparation of this proposal in order to gain an unfair advantage in the award of this proposal. I acknowledge that all information contained herein is part of the public domain as defined in the Public Records Act, Chapter 119, F.S.
Proposal Certification
I hereby certify that I am submitting the following information as my company's response and understand that by virtue of executing and
returning with this response this REQUIRED RESPONSE FORM, I further certify full, complete, and unconditional acceptance of the contents of all pages, inclusive of this Request for Proposal, and all appendices/attachments and the contents of any Addendum released hereto. VENDOR (firm name):
STREET ADDRESS:
CITY & STATE:
PRINT NAME OF AUTHORIZED REPRESENTATIVE
SIGNATURE OF AUTHORIZED REPRESENTATIVE:
TITLE DATE:
CONTACT PERSON:
CONTACT PERSON'S ADDRESS:
TELEPHONE: FAX: TOLL FREE:
INTERNET E-MAIL ADDRESS: INTERNET URL:
VENDOR TAXPAYER IDENTIFICATION NUMBER:
NOTE: Entries must be completed in ink or typewritten. An original manual signature is required.
Page 2 of 17
2.0 INTRODUCTION
2.1 Background: Duval County Public Schools (DCPS or the District) is the nation's 20th largest school
district. DCPS currently employs approximately 12,496 fulltime and part-time personnel. During the 2010 school year, the District had more than 120,000 enrolled K-12 students. The District has 172 facilities. Duval
County Public Schools, Florida currently maintains the following plans:
401(a) Social Security Alternative Plan for part-time and temporary employees
401(a) and 403(b) Special Pay Plans allowing for the conversion of accumulated leave to employer
contributions on behalf of participants at retirement
Voluntary 403(b)/403(b)(7) Plan with multiple authorized product provider organizations
Voluntary 457(b) Plan with multiple authorized product provider organizations
It is estimated that approximately 3500 employees currently participate in a 403(b) and/or the 457 Plan. Eligibility
for these programs is defined as any regularly scheduled employee without regard for any minimum hourly service
requirement.
2.2 Purpose: This RFP is for a multiple-year agreement to provide comprehensive plan administration and compliance
services for certain retirement plans sponsored by DCPS including 403(b)/403(b)(7) and 457(b) plans. The General
Services/Risk Management Department of the District is seeking a provider whose services will encompass
necessary policies and procedures required in guidelines established by all applicable sections of the Internal
Revenue Code as it relates to these plans. Each firm’s response shall describe fully how they propose to accomplish
the Scope of Services as defined in this RFP (see Section 5.0). If any services, functions or responsibilities not
specifically described in this RFP are necessary for the proper performance and provision of services to the District, then they shall be deemed to be implied by and included within the scope of the services to the same extent and in
the same manner as if specifically described herein.
Definitions:
Whenever used in the RFP, the term:
403(b)/403(b)(7), 457(b) shall mean - Internal Revenue Code Sections dealing with retirement plans available for
public education employees and rules governing the administration of these plans.
Administration and Compliance Program shall mean – all services requested in this RFP in addition to commonly accepted policies and procedures required to support the employer’s administration of retirement plans.
Administrator shall mean – the firm selected to provide the 403(b) and 457(b) administration services
Maximum Allowable Contribution (MAC) shall mean – the worksheet defining the maximum amount of
contributions participants are allowed to exclude from taxable income each calendar year.
2.3 Questions And Interpretations: Questions and/or requests for information concerning any portion of this RFP shall
be submitted, in writing, to Larry Ganger, Supervisor, DCPS Purchasing Services via email at
[email protected] . Responses to questions and/or requests for information will be answered via
addendum by the Purchasing Department to all potential respondents. All questions or requests for information
concerning any condition or requirement of this RFP must be received in the Purchasing Department, in writing,
on or before 2:00 p.m. July 19, 2010. Questions received after this date and time will not be answered. Submit all
questions to the attention of the individual as stated above. Any verbal or written information, which is obtained
other than by information in this RFP document or by Addenda shall not be binding on the District. Respondents
shall acknowledge receipt of any Addenda as a part of their response.
Page 3 of 17
2.4 Submittal: The complete response properly completed and signed must be submitted in a sealed envelope and
received by July 30, 2010 on or before 2:00 p.m. EDT, at the following address in order to be considered:
PURCHASING DEPARTMENT
Duval County Public Schools
4880 Bulls Bay Highway
Jacksonville, Florida 32219
The submittal shall be clearly marked on the outside of the package:
RFP No. 2-11/LG PLAN ADMINISTRATION AND COMPLIANCE SERVICES FOR 403(B) AND 457 PLANS
Respondent shall submit one (1) original response with an original manual signature of an individual authorized to obligate on behalf of the firm. Respondent shall also submit five (5) CD copies in .pdf file format and two (2)
additional photocopies of the complete response. The response containing the original manual signature (blue ink
preferred) shall be clearly identified as the original. All pages shall be numbered in sequential form to assure
consistency. All submittals shall be submitted in sealed packaging with the RFP number and the respondent's
firm name clearly marked on the exterior of package. Once accepted by the District, all submittals become the sole
property of DCPS and may be retained or disposed of by the District in any manner the District deems appropriate.
NOTE: It is the sole responsibility of each respondent to assure all copies are identical to the original, including any
supplemental information. CD copies or photocopies will be utilized for the purpose of evaluation. Any information
contained in the original RFP response which has not been transferred to the CDs or photocopies may NOT be
considered. The original document will be used solely for official record keeping and audit purposes.
2.5 Contract Term: It is the intent of the District that the Contract resulting from this solicitation process shall be
for an initial five (5) year term, with five potential (1) year renewal terms to be exercised at the sole discretion of
the District. The District may exercise any renewal term by providing at least sixty (60) days notice to the Contractor prior to the expiration of the then-term, and such renewal term shall be on the same terms and
conditions as the initial term.
2.6 Review of Responses: All responses will be reviewed by the District’s Benefits Services Review
Committee (hereinafter referred to as the "Committee"). The Committee will assess and evaluate responses in
accordance with the procedures as set forth in Section 5.0 of this document.
2.7 Joint Ventures: In the event multiple firms submit a joint submittal in response to this RFP, a single respondent shall be identified as the Prime Respondent. If offering a joint submittal, the Prime Respondent
shall include the names and addresses of all parties of the joint submittal. The Prime Respondent shall provide all
requirements, execute any Contract, complete the REQUIRED RESPONSE FORM included herein and shall have
overall and complete authority to negotiate on behalf of all involved parties, enter into Contract as a result of the
negotiations and resolve any dispute arising within or as a result of the Contract. Only a single Contract with one
company name will be acceptable.
The responsibilities of the Prime Respondent shall include, but not be limited to, performance of overall Contract administration, presiding over other involved parties participating in or present at District meetings,
overseeing preparation of reports and presentations and filing of any notice of protest and final protest as
described herein. The Prime Respondent shall also prepare and present a consolidated invoice(s) for services
performed. The District will issue one and only one check for each consolidated invoice to the Prime Respondent for
services performed. The Prime Respondent shall remain responsible for performing all services associated with
any Contract resulting from this RFP.
2.8 Insurance Requirements:
A. Evidence of Insurance. Within ten (10) days after requested by the District, unless, and to the extent, the District has agreed otherwise, the Contractor shall not commence the work until the Contractor has procured the
insurance required under this Section and such insurance has been approved by the District. The Contractor
shall provide evidence of such insurance in the following manner:
Page 4 of 17
1. As evidence of compliance with the required Workers’ Compensation/Employer’s Liability,
Commercial General Liability, Business Auto Liability, and Professional Liability, the Contractor shall
furnish the District with a fully completed satisfactory Certificate of Insurance such as a standard
ACORD Certificate of Liability Insurance (ACORD Form 25) or other evidence satisfactory to the
District, signed by an authorized representative of the insurer(s) providing the coverage. The Certificate of Insurance, or other evidence, shall verify that Workers’ Compensation/Employer’s
Liability contains a waiver of subrogation in favor of the District, identify this Contract, and provide
that the District shall be given no less than thirty (30) days’ written notice prior to cancellation.
2. As evidence of the required Additional Insured status for the District on the Commercial General
Liability insurance, the Contractor shall furnish the District with:
(a) a fully completed satisfactory Certificate of Insurance, and a copy of the actual additional
insured endorsement as issued on the policy, signed by an authorized representative of the
insurer(s) verifying inclusion of the District and the District’s members, officials, officers and
employees as Additional Insureds in the Commercial General Liability coverage;
(b) the original of the policy(ies); or
(c) Other evidence satisfactory to the District.
3. Until such time as the insurance is no longer required to be maintained by the Contractor, the
Contractor shall provide the District with renewal or replacement evidence of the insurance in the
manner heretofore described no less than thirty (30) days before the expiration or termination of the
insurance for which previous evidence of insurance has been provided.
4. Notwithstanding the prior submission of a Certificate of Insurance, copy of endorsement, or other
evidence initially acceptable to the District, if requested by the District, the Contractor shall, within thirty (30) days after receipt of a written request from the District, provide the District with a certified
copy or certified copies of the policy or policies providing the coverage required by this Section 2.03
the Contractor may redact or omit, or cause to be redacted or omitted, those provisions of the policy or
policies which are not relevant to the insurance required by this Section.
B. Qualification of the Contractor’s Insurers
1. Insurers providing the insurance required by this Contract for the Contractors must either be: (1)
authorized by a subsisting certificate of authority issued by the State of Florida to transact insurance in
the State of Florida, or (2) except with respect to coverage for the liability imposed by the Florida
Workers’ Compensation Act, an eligible surplus lines insurer under Florida Statutes.
2. In addition, each such insurer shall have and maintain throughout the period for which coverage is
required, a Best’s Rating of “A-” or better and a Financial Size Category of “VII” or better according
to A. M. Best Company.
3. If, during the period when an insurer is providing the insurance required by this Contract, an insurer
shall fail to comply with the foregoing minimum requirements, as soon as the Contractor has
knowledge of any such failure, the Contractor shall immediately notify the District and immediately
replace the insurance provided by the insurer with an insurer meeting the requirements. Until the
Contractor has replaced the unacceptable insurer with an insurer acceptable to the District, the
Contractor shall be in default of this Contract.
C. Description of the Contractor Required Insurance. Unless and to the extent the District has agreed otherwise,
without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall, at the
Contractor’s sole expense, procure, maintain and keep in force the amounts and types of insurance conforming
to the minimum requirements set forth herein. Except as otherwise specified in this Contract, the insurance
shall commence at or prior to the execution of this Contract by the District and shall be maintained in force
throughout the term of this Contract.
1. Workers’ Compensation/Employers’ Liability. The Workers’ Compensation/Employers’ Liability
insurance provided by the Contractor shall conform to the requirements set forth herein.
Page 5 of 17
(a) The Contractor’s insurance shall cover the Contractor (and to the extent its sub-Contractors
and sub-Contractors are not otherwise insured, its sub-Contractors and sub-Contractors) for
those sources of liability which would be covered by the latest edition of the standard
Workers’ Compensation policy, as filed for use in the State of Florida by the National Council on Compensation Insurance (NCCI), without any restrictive endorsements other than the
Florida Employers Liability Coverage Endorsement (NCCI Form WC 09 03), those which are
required by the State of Florida, or any restrictive NCCI endorsements which, under an NCCI
filing, must be attached to the policy (i.e., mandatory endorsements). In addition to coverage
for the Florida Workers’ Compensation Act, where appropriate, coverage is to be included for
the Federal Employers’ Liability Act and any other applicable federal or state law.
(b) The policy must be endorsed to waive the insurer’s right to subrogate against the District, and
its members, officials, officers and employees in the manner which would result from the
attachment of the NCCI Waiver Of Our Right To Recover From Others Endorsement
(Advisory Form WC 00 03 13) with the District, and its members, officials, officers and
employees scheduled thereon.
(c) Subject to the restrictions of coverage found in the standard Workers’ Compensation policy,
there shall be no maximum limit on the amount of coverage for liability imposed by the
Florida Workers’ Compensation Act or any other coverage customarily insured under Part
One of the standard Workers’ Compensation policy. The minimum amount of coverage for
those coverages customarily insured under Part Two of the standard Workers’ Compensation
policy (inclusive of any amounts provided by an umbrella or excess policy) shall be:
$1,000,000 Each Accident
$1,000,000 Disease - Each Employee
$1,000,000 Disease - Policy Limit
2. Commercial General Liability. The Commercial General Liability insurance provided by the
Contractor shall conform to the requirements hereinafter set forth:
(a) The Contractor’s insurance shall cover those sources of liability which would be covered by
the latest occurrence form edition of the standard Commercial General Liability Coverage
Form (ISO Form CG 00 01) as filed for use in the State of Florida by the Insurance Services
Office (ISO) without any restrictive endorsements other than those which are required by the
State of Florida, or those which, under an ISO filing, must be attached to the policy (i.e.,
mandatory endorsements) and those described in subsection (b) below which would apply to
the Services contemplated under this Contract.
The coverage may include restrictive endorsements which exclude coverage for liability
arising out of: mold, fungus, bacteria, terrorism, silica, asbestos, lead or sexual molestation.
(b) The minimum limits to be maintained by the Contractor (inclusive of any amounts provided
by an umbrella or excess policy) shall be:
$1,000,000 General Aggregate
$1,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal and Advertising Injury
$1,000,000 Each Occurrence
(c) The Contractor shall include the District and the District’s members, officials, officers and
employees as “additional insureds” on the Commercial General Liability coverage. The
coverage afforded such additional insureds shall be no more restrictive than that which would
be afforded by adding the District and the District’s members, officials, officers and
employees as additional insureds on the latest edition of the Additional Insured – Owner’s,
Lessees or Contractors - Scheduled Person or Organization endorsement (ISO Form CG 20
10) filed for use in the State of Florida by the Insurance Services Office.
Page 6 of 17
(d) Except with respect to coverage for property damage liability, or as otherwise specifically
authorized in this Contract, the general liability coverage shall apply on a first dollar basis
without application of any deductible or self-insured retention. The coverage for property
damage liability shall be subject to a maximum deductible of $1,500 per occurrence.
(e) The Contractor shall pay on behalf of the District or the District’s member, official, officer or employee any such deductible or self-insured retention applicable to a claim against the
District or the District’s member, official, officer or employee for which the District or the
District’s member, official, officer or employee is insured as an additional insured.
3. Business Auto Liability. The automobile liability insurance provided by the Contractor shall conform
to the requirements hereinafter set forth:
(a) The Contractor’s insurance shall cover the Contractor for those sources of liability which
would be covered by Section II of the latest occurrence edition of the standard Business Auto
Coverage Form (ISO Form CA 00 01) as filed for use in the State of Florida by ISO without
any restrictive endorsements other than those which are required by the State of Florida, or
those which, under an ISO filing, must be attached to the policy (i.e., mandatory endorsements). Coverage shall include all owned, non-owned and hired autos used in
connection with this Contract.
(b) The District and the District’s members, officials, officers and employees shall be included as
“additional insureds” in a manner no more restrictive than that which would be afforded by
designating the District and the District’s members, officials, officers and employees as
additional insureds on the latest edition of the ISO Designated Insured (ISO Form CA 20 48)
endorsement.
(c) The minimum limits to be maintained by the Contractor (inclusive of any amounts provided
by an umbrella or excess policy) shall be:
$1,000,000 Each Occurrence - Bodily Injury and Property Damage Combined
4. Professional Liability. The professional liability insurance provided by the Contractor shall conform to
the requirements hereinafter set forth:
(a) The professional liability insurance shall be on a form acceptable to the District and shall
apply to those claims which arise out of Services performed by or on behalf of the Contractor
pursuant to this Contract which are first reported to the Contractor within four years after the
expiration or termination of this Contract.
(b) If the insurance maintained by the Contractor also applies to services other than Services under this Contract, the minimum limits of insurance maintained by the Contractor shall be
$2,000,000 per claim/annual aggregate. If the insurance maintained by the Contractor applies
exclusively to the Services under this Contract, the minimum limits of insurance maintained
by the Contractor shall be $1,000,000 per claim/annual aggregate.
(c) Except as otherwise specifically authorized in this Contract, the insurance may be subject to a
deductible not to exceed $15,000 per claim.
(d) The Contractor shall maintain the professional liability insurance until the end of the term of
this Contract. Through the use of an extended discovery period or otherwise, the insurance
shall apply to those claims which arise out of professional services, prior to the expiration or termination of this Contract which are reported to the Contractor or the insurer within four
years after the expiration or termination of this Contract .
D. The Contractor’s Insurance Primary and Non-Contributory. The insurance provided by the Contractor pursuant
to this Contract shall apply on a primary basis to, and shall not require contribution from, any other insurance or
self-insurance maintained by the District or an the District’s member, official, officer or employee.
Page 7 of 17
E. Self-Insurance, Deductibles or Self-Insured Retentions. Except as otherwise specifically authorized in this
Contract, or for which prior written approval has been obtained hereunder, the insurance maintained by the
Contractor shall apply on a first dollar basis without application of a deductible or self-insured retention. Under
limited circumstances, the District may permit the application of a deductible or permit the Contractor to self-
insure, in whole or in part, one or more of the insurance coverages required by this Contract.
However, except as otherwise specifically permitted pursuant to this Contract, any such self-insurance,
deductible or self-insured retention shall be subject to all of the following provisions.
1. Prior Written Approval of the District Required. No such self-insurance, deductible or self-insured
retention will be allowed unless and until the Contractor has received prior written approval from the
District to use such self-insurance, deductible or self-insured retention.
2. Subject to the District's Sole Discretion. The extent to which, if any, the District agrees to allow self-
insurance, deductibles or self-insured retentions is subject to the sole discretion of the District.
3. The Contractor Responsible for Deductible or Retentions. The Contractor shall pay on behalf of the District or the District's member, officer, official or employee any self-insurance, deductible or self-
insured retention applicable to a claim against the District or the District's member, officer, official or
employee.
4. Circumstances Owner Will Consider. Although the extent to which, if any, the District agrees to allow
self-insurance, deductibles or self-insured retentions is subject to the District's sole discretion, the
following are among the factors and circumstances that the District will consider in making its
determination:
(a) whether the Contractor is qualified under any applicable Florida or federal laws, rules, or
regulations to assume a deductible or self-insured retention for, or otherwise self-insure, the coverage in the manner proposed;
(b) the financial ability of the Contractor to pay or otherwise provide all of the coverages and
services the Contractor proposes to assume which would otherwise be a part of the insurance
coverages required by this Contract;
(c) the extent, quality, and attachment point(s) of any excess insurance to be maintained by the
Contractor;
(d) the extent and manner in which the Contractor would provide the District with collateral to
guarantee the payment of the coverages and services to be assumed by the Contractor; and
(e) The manner in which the Contractor proposes to actually provide the services which are
typically provided by the insurer in an insured program.
5. Approval Subject to Cancellation and Modification. The Contract by the District to allow the use of
any such self-insurance, deductible or self-insured retention shall be subject to periodic review by the
District. If, at any time, the District deems that the continued use of the self-insurance, deductible or
self-insured retention by the Contractor should not be permitted, the District may, upon 60 days'
written notice to the Contractor, require the Contractor to eliminate, replace, or modify the self-
insurance, deductible or self-insured retention, at no additional cost to the District, in a manner
satisfactory to the District.
F. The Contractor’s Insurance As Additional Remedy. Compliance with the insurance requirements of this
Contract shall not limit the liability of the Contractor, or its sub-Contractors or sub-sub-Contractors, employees
or agents to the District or others. Any remedy provided to the District or the District’s members, officials,
officers or employees by the insurance shall be in addition to and not in lieu of any other remedy available
under this Contract or otherwise.
G. No Waiver by the District Approval/Disapproval. Neither approval by the District nor failure to disapprove the
insurance furnished by the Contractor shall relieve the Contractor of the Contractor’s full responsibility to
provide the insurance as required by this Contract.
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3.0 ANTICIPATED TIMELINE
Tuesday, July 6, 2010 Release of Request For Proposals
Monday, July 19, 2010 Written questions due in the Purchasing Department no later than 2:00
p.m. (EDT)
Friday, July30, 2010 Submittals due on or before 2:00 p.m. (EDT)
Purchasing Department
Submittal opening will be 2:00 p.m. (EDT) at:
4880 Bulls Bay Highway
Jacksonville, Florida 32219
Tuesday, August 3, 2010
Committee evaluation and assessment of qualified proposals
Tuesday, September 7, 2010 Recommendation for award presented to the School Board in regular
session.
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4.0 INFORMATION TO BE INCLUDED IN RFP RESPONSES (PROPOSALS)
4.1 In order to maintain comparability and facilitate the review process, it is requested that submittals be organized in
the manner specified below. Include all information requested herein in your submittal. Submittals not containing all
required information will be rejected as nonresponsive. Respondents are encouraged to use tab separations to assist in facilitating the evaluation process.
4.1.1 Title Page: Include RFP number, subject, the name of the respondent, address, telephone number and the
date.
4.1.2 Table of Contents: Include a clear identification of the material by section and by page number.
4.1.3 Letter of Transmittal: Include the names of the persons who will be authorized to make representations for the respondent, their titles, addresses (including email address) and telephone numbers.
4.1.4 Required Response Form: (Page 1 of RFP) with all required information completed and all signatures as
specified (blue ink preferred on original). Any modifications or alterations to this form shall not be
accepted and submittal will be rejected. The enclosed original Required Response Form will be the only
acceptable form.
4.1.5 MBE Participation Form: (Attachment A) to be signed by an authorized representative of the
responding company.
4.1.6 Technical Proposal: Complete and return Attachment B – Technical Proposal Questionnaire.
Include the necessary documentation to support each response, using letters or numbers for identification.
4.1.7 Cost Proposal: Complete and return Attachment C – Cost Proposal Questionnaire.
4.2 Notice Provision: When any of the parties desire to give notice to the other, such notice must be in writing, sent by postage prepaid US Mail, or other agreeable method, addressed to the party for whom it
is intended at the place last specified; the place for giving notice shall remain such until it is changed by
written notice. This information should be submitted with the proposal. For the present, the parties
designate the following as the respective places for giving notice:
To School Board:
With a Copy to:
Chief Officer – Operations Support
Duval County Public Schools
1701 Prudential Drive
Jacksonville, Florida 32207
Executive Director, General Services/Risk Management
Duval County Public Schools 1701 Prudential Drive
Jacksonville, Florida 32207
Name of Respondent:
__________________________________________________________
(Name of Respondent, Corporation and Agency)
__________________________________________________________
__________________________________________________________ (Address)
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With a Copy to::
__________________________________________________________
(Name and Position of Designee of Respondent, Corporation and Agency)
__________________________________________________________
__________________________________________________________
(Address)
4.3 Minimum Qualifications Submittals will ONLY be accepted from firms who provide documented
evidence of meeting the minimum qualification requirements as stated below. Responses from firms not
meeting the minimum qualification requirements will be considered nonresponsive. Minimum respondent
qualifications are as follows:
A) The firm shall, at a minimum have at least five (5) years of continuous experience in the 403(b)
and 457(b) plan administration marketplace.
B) The key individuals providing services to the 403(b) and 457(b) plans shall have at least five (5)
years of experience servicing 403(b) and 457(b) plans.
C) The firm shall not provide investment products nor be owned or affiliated with an organization
that provides investment products. Proposals from companies or marketing organizations involved in
the sale of 403(b), 457(b), and 401(k) or any other retirement plans or investment products or
affiliated with such companies or marketing organizations will not be considered.
5.0 SCOPE OF SERVICES
5.1 The Retirement Plan Administration and Compliance Program shall:
1. Include one or more primary contact personnel that are experienced in the area of retirement plan
administration and compliance services with adequate background and experience to support their duties
relative to the program.
2. Assist the District in maintaining compliance with the rules and regulations established by the Internal
Revenue Code and pertaining to all retirement plans maintained by the District or for which the District is
eligible.
3. Assist the District in correcting any operational deficiencies or failures existing in prior years as allowed by
Internal Revenue programs or procedures.
4. Provide ongoing verification of all Maximum Allowable Contribution (MAC) calculations for participants
beginning in the 2010 tax year.
5. Provide ongoing educational materials concerning supplemental retirement programs available through the
District for the benefit of all eligible employees. Materials shall include comprehensive employee handbooks sufficient in number for all eligible employees and video presentations sufficient in number for
each work location within the district. These materials shall be updated each year for the duration of the
Contract.
6. Maintain the Plan Documents for both the 403(b) and 457(b) programs and process and record all 403(b)
and 457(b) Plan distribution transactions including but not limited to participant requests for exchanges,
rollovers, loans, normal withdrawals, hardship withdrawals, qualified domestic relations orders, etc.
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7. Provide educational information for the benefit of all employees and assistance to the District concerning
the Florida Retirement System, including the Deferred Retirement Option Program (DROP) and benefits
available from the Social Security Administration.
8. Evaluate and recommend appropriate policies and procedures to the District for retirement plan
administration in accordance with guidelines as set forth by code or ruling by the Internal Revenue Service.
9. Offer assistance to the District in the event of audit, including but not limited to, reproduction of all
requested administration and compliance information for all years under Contract, employee
communications concerning requests for additional information and on-site work with regard to preparation
and disclosure of compliance evidence.
10. Offer any additional information to the District, which is deemed necessary to comply with current or
future IRS guidelines.
11. Provide services with reasonable promptness with respect to geographical location, hours of operation and
access to qualified full-time staff. Access shall include a minimum of two (2) on-site visits to include
meetings with DCPS staff responsible for the daily activities regarding the plans and general employee groups eligible and/or participating in the plans.
12. Assist the District in the processing of all contributions including the ability to receive and forward
payments on behalf of participants to vendor companies.
13. Assist the District and participants in all aspects of remittance processing including reconciliation and
correction of errors in contributions and/or refunds from vendor companies.
6.0 EVALUATION PROCESS AND CRITERIA (REFER TO EXHIBIT B)
6.1 Responses are received and publicly opened. Only names of respondents are read at this time.
6.2 The Committee will convene, review and evaluate proposals submitted based on the factors set forth in the RFP.
Purchasing personnel will participate in an administrative and advisory capacity only. Responses of qualified
respondents will be uniformly evaluated using the following Evaluation Criteria and their associated available point attainments:
A. Approach to Scope of Services:
A maximum of 20 points will be awarded based upon the following:
(1) Methods by which compliance is maintained and tasks are accomplished
(2) Educational materials and distribution methods utilized
(3) IRS audit assistance
(4) Completeness of answers
(5) Remittance methods and continuity of the process (6) Value added services offered
B. Experience and References:
A maximum of 25 points will be awarded based upon the following:
(1) Company structure and dedicated staff for the Contract
(2) Personnel experience in the management of compliance and administration (past and present)
(3) Company experience (past and present)
(4) Prior and/or current experience with K-12 public education institutions
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C. Response to Technical Proposal Questionnaire:
A maximum of 35 points will be awarded based upon the following:
(1) Completeness of answers to questions
(2) Understanding of the Contract requirements (3) Design of systems and processes that illustrate level of dedication to all facets of the Contract
(4) Experienced staff at all levels of services provided
(5) Technical experience in each area of compliance and administration
D. Cost of Services:
A maximum of 20 points will be awarded.
The firm submitting the lowest proposed Total Cost will receive all available points for this category. All other
respondents will receive points proportionate to the lowest percentage response (example - a response that is 20%
higher than the lowest submitted cost will receive 20% fewer points).
6.3 The Committee reserves the right to interview any or all proposers and to require a formal presentation with the key
people who will administer and be assigned to work on the Contract before recommendation of award. This interview is
to be based solely upon the written proposal received.
6.4 The Committee may reject some responses per Section 4.3 of this RFP, or may reject all responses. The Committee
members will assign point values categorically to each respondent. The total gross scores will determine the rank order of each respondent. Thereafter the District reserves the right to negotiate further terms and conditions, including
price, with the highest ranked respondent. If the District cannot reach a mutually beneficial agreement with the first
selected respondent, the District reserves the right to declare an impasse, close negotiations and commence
negotiations with the next highest ranked respondent and continue this process until an agreement is reached.
6.5 The Superintendent will then recommend to the School Board the authorization to execute the Contract, and the Board
may authorize the Contract or reject the recommendation.
6.6 The successful proposer is sometimes referred to herein as the “Contractor”. .
7.0 TERMINATION, SUSPENSION AND REMEDIES:
7.1 The District reserves the right to terminate any Contract resulting from this RFP, at any time and for any reason
upon giving a minimum of sixty (60) days prior written notice to the Contractor. If said Contract should be
terminated for convenience as provided herein, the District will be relieved of all obligations under said Contract.
The District will only be required to pay to the Contractor that amount of the Contract actually performed to the date
of termination. Access to any and all work papers will be provided to the District after the termination of the
Contract.
The parties understand and agree that the Contractor shall in no event have the reciprocal right to terminate the
Contract; it being understood that the District’s payment of the Contract fees forms the consideration for the
Contractor not having this right to terminate for convenience. In the event of the District’s termination of the
Contract, the District (in its sole election) may also require the Contractor to provide Transition Assistance as set
forth in Section 7.3 below.
7.2 In the event any of the provisions of the Contract are breached by the Contractor, the Superintendent or designee
will give written notice to the Contractor stating the deficiencies and unless the deficiencies are corrected within the
applicable cure period set forth in this RFP (and if none is stated, then ten (10) days), the District may terminate the
Contract. Upon termination hereunder, the District may pursue any and all legal remedies as provided herein and by
law. Notwithstanding the foregoing, and in addition to the remedies set forth herein, the District may elect the
following in its sole discretion and without any obligation whatsoever to make this election. If Contractor is unable
to reasonably cure a deficiency within ten (10) days after receiving the District’s notice notwithstanding
Contractor’s continuous and diligent efforts to do so, the District may elect, in its sole discretion, to permit
Contractor to cure the deficiency as soon as is reasonably practicable using continuous and diligent efforts, but in no
event more than thirty (30) days after receipt of the District’s notice. Until the earlier of either (1) the deficiencies
are cured or (2) this agreed upon cure period expires, the Contractor remains obligated to perform the Services without degradation and in accordance with the Contract.
Page 13 of 17
7.3 In order to provide transition assistance to the District in the event that the Contract is terminated or expires, the
Contractor agrees that the District may provide written notice to the Contractor retaining the Contractor for a
mutually agreed upon period of time (at a minimum of one calendar month, plus two (2) additional calendar months
on a month-by-month basis at the District’s sole and unilateral election) on the same terms and conditions set forth
in the Contract (the “Transition Assistance”). The provisions of this section will not apply if the Contract is
terminated by the Contractor based on an uncured event of default by the District.
7.4 In the event that the Contractor breaches the Contract, then the District reserves the right to seek any and all
remedies in law and/or in equity.
8.0 LEGAL REQUIREMENTS:
8.1 It shall be the responsibility of the Contractor to be knowledgeable of and adhere to the stipulations of any federal,
state, county and local laws, ordinances, rules and regulations that in any manner affect the items covered herein
which may apply. Lack of knowledge by the Contractor will in no way be a cause for relief from responsibility.
8.2 Contractor(s) 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.
8.3 Respondents affirm by submitting their proposals that they are equal opportunity and affirmative action employers
and shall comply with all applicable federal, state and local laws and regulations including, but not limited to:
Executive Order 11246 as amended by 11375 and 12086; 12138; 11625; 11758; 12073; the Rehabilitation Act of
1973, as amended; the Vietnam Era Veterans Readjustment Assistance Act of 1975; Civil Rights Act of 1964; Equal
Pay Act of 1963; Age Discrimination Act of 1967; Immigration Reform and Control Act of 1986; Public Law 95-
507; the Americans with Disabilities Act; 41 CFR Part 60 and any additions or amendments thereto.
8.4 JESSICA LUNSFORD ACT: If applicable to this Contract, the Contractor shall comply and be responsible for the costs associated with the Jessica Lunsford Act, which became effective on September 1, 2005, if applicable. The Act
states that Contractual personnel who are permitted access to school grounds when students are present or who have direct contact with students must meet Level 2 requirements as described in Section 1012.32, Florida Statutes.
Contractual personnel shall include any vendor, individual or entity under Contract with the District. Current
employees that have met the requirements of this Act with the District, and are in good standing, could be available for
immediate employment with the successful Proposer. Any current employee’s compliance with the Act is valid for one-
year and would have to be renewed during a Contract year as his/her current background check expires. All background
checks (initial and renewals) will be at the expense of the Contractor.
8.5 All the personnel assigned by the Contractor shall be authorized under state and local laws to perform such
Services, whether by appropriate license, registration, certification or other authorization.
9.0 REPRESENTATIONS AND WARRANTIES
9.1 The Contractor warrants that it is a duly formed business entity duly organized and existing in good standing under
the laws of the State of its formation and is entitled and shall remain licensed to carry on its business as required for
its performance pursuant to the Contract in the State of Florida. The Contractor agrees that it will comply with all
rules and regulations of governmental bodies governing its performance under this RFP and any resulting Contract
whether or not such specified in the Contract and Exhibits. The Contractor further warrants that the execution and
delivery of the Contract and the terms and conditions herein have been duly authorized by proper corporate and/or
partnership action (as the case may be).
9.2 The Contractor shall comply with all applicable federal, State and local laws, ordinances, rules, and regulations
pertaining to the performance of the Services and all matters pertaining to the Contract, as the same exist and as they
may be amended from time to time. The Contractor acknowledges and agrees that it is subject to the requirements of the Public Records Law, Chapter 119, Florida Statutes, for all matters pertaining to the Contract.
9.3 Each Party agrees to continue performing its obligations under the Contract while any dispute is being resolved
(except to the extent the issue in dispute precludes performance); provided, however, that any dispute over payment
shall not be deemed to preclude performance.
Page 14 of 17
9.4 Each Party agrees that, in its respective dealings with the other Party under or in connection with the Contract, it
shall act in good faith.
9.5 Neither Party shall use the name or marks of the other without its express written permission, which may be
withdrawn at any time.
9.6 This RFP and any Contract resulting there from shall be interpreted and enforced in accordance with the laws of
Florida and it shall be binding upon and inure to the benefit of the parties hereto and their respective legal
representatives, successors and assigns. Venue for any action arising out of the Contract shall lie exclusively in the
jurisdictional courts in and for Duval County, Florida.
9.7 The Contract shall not be construed more strongly against any party regardless of who was more responsible for its
preparation.
9.8 Except for the provisions requiring Contractor to pay the District’s reasonable attorneys’ fees and costs for any
matter arising under Section 11.0 of the RFP (which shall control), in the event of any other conflict arising from the
Contract, each party shall pay its own attorneys’ fees and costs.
9.9 Should any provision of the Contract 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 Contract shall remain valid and in full force and effect.
9.10 Nothing set forth in any provision of the Contract 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.
9.11 The Contract may not be amended or supplemented in any way except in writing, dated and signed by authorized
representatives of both parties.
9.12 The Article and Section headings and the table of contents used herein are for reference and convenience only and
shall not enter into the interpretation hereof.
9.13 The Contractor is, and shall at all times be, an independent Contractor under the Contract and not an agent of the
District. Nothing in the Contract nor any actions taken by or arrangements entered into between the Parties in
accordance with the provisions of the Contract shall be construed as or deemed to create as to the Parties any
partnership or joint venture. Neither Party shall have any authority to bind or commit the other Party Contractually
or otherwise to any obligations whatsoever to third parties.
9.14 The Contract is entered into solely between, and may be enforced only by, the District and the Contractor, and the
Contract shall not be deemed to create any rights in third parties, including suppliers and customers of a Party, or employees of either Party, or to create any obligations of a Party to any such third parties.
9.15 Except where expressly provided as being in the discretion of a Party, where agreement, approval, acceptance,
consent, or similar action by either Party is required under the Contract, such action shall not be unreasonably
delayed or withheld. An approval or consent given by a Party under the Contract shall not relieve the other Party
from responsibility for complying with the requirements of the Contract, nor shall it be construed as a waiver of any
rights under the Contract, except as and to the extent otherwise expressly provided in such approval or consent.
9.16 Any provision of the Contract which contemplates performance or observance subsequent to any termination or
expiration of the Contract, including those provisions relating to the obligations of Contractor in connection with the
Transition Assistance, shall survive any termination or expiration of the Contract and continue in full force and effect.
9.17 All media releases, public announcements, and public disclosures by either Party relating to the Contract or the
subject matter of the Contract, including promotional or marketing material, shall be coordinated with and approved
by the other Party prior to release.
9.18 Time is of the essence in the Contract. If any date of significance hereunder falls upon a Saturday, Sunday, or legal
holiday, such date shall be deemed moved forward to the next day which is not a Saturday, Sunday or legal holiday.
Saturdays, Sundays and legal holidays shall not be considered business or working days.
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9.19 The Contract documents will consist of the following: this RFP, any addenda to this RFP, any cover Contract
resulting from the parties’ negotiation, and the proposal. In case of any conflict among the documents, the following
priority shall be assigned: first to the cover Contract, next to the addenda released for this RFP, third to the RFP,
and last to the proposal. Any exceptions to the RFP made by proposer are not accepted by the District unless
affirmatively agreed to in writing by the District.
9.20 The District shall have the right to audit all books and records (in whatever form they may be kept, whether written,
electronic or other) relating or pertaining to this Contract (including any and all documents and other materials, in
whatever form they may be kept, which support or underlie those books and records), kept by or under the control of
Contractor, including, but not limited to those kept by Contractor, its employees, agents, assigns, successors and
sub-Contractors.
Contractor shall maintain such books and records, together with such supporting or underlying documents and
materials, for the duration of this Contract and for at least three years following the completion of this Contract,
including any and all renewals thereof. The books and records, together with the supporting or underlying
documents and materials shall be made available, upon request, to the District, through its employees, agents,
representatives, Contractors or other designees, during normal business hours at Contractor’s office or place of business in Jacksonville, Florida. In the event that no such location is available, then the books and records, together
with the supporting or underlying documents and records, shall be made available for audit at a time and location in
Jacksonville, Florida, which is convenient for the District. This paragraph shall not be construed to limit, revoke, or
abridge any other rights, powers, or obligations relating to audit that the District may have by state, city, or federal
statute, ordinance, regulation, or agreement, whether those rights, powers, or obligations are express or implied.
9.21 This Contract or agreement is personal to the parties herein and may not be assigned, in whole or in part, by the
proposer without prior written consent of the District.
10.0 CONFLICT OF INTEREST
10.1 All respondents must disclose the name of any officer, director, or agent who is also an employee of the District. All
respondents must disclose the name of any District employee who owns, directly or indirectly, any interest in the
respondent’s business or any of its branches.
10.2 Non-Collusion Statement / Public Domain
By the submittal of a proposal, each responding firm attests to the following:
I, the respondent, attest that I have not divulged, discussed, or compared this submittal with any other respondents
and have not colluded with any other respondents in the preparation of this submittal in order to gain an unfair
advantage in the award of the Contract.
All information contained herein is part of the public domain as defined in the Public Records Act, Chapter 119, and
Florida Statutes.
11.0 INDEMNIFICATION / HOLD HARMLESS AGREEMENT
11.1 The Contractor shall, in addition to any other obligation to indemnify the Duval County School Board and to the
fullest extent permitted by law, protect, defend, indemnify and hold harmless the District, its agents, officers, elected
officials, employees and volunteers from and against all claims, actions, liabilities, losses (including economic
losses), and costs arising out of any actual or alleged bodily injury, sickness, disease or death, or injury to or
destruction of tangible property including the loss of use resulting from, or any other damage or loss arising out of,
or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractor, sub-
Contractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be
liable in the performance of the work; or violation of law, statute, ordinance, governmental administration order,
rule or regulation by the Contractor in the performance of the work; or liens, claims or actions made by the Contractor or any sub-Contractor or other party performing the work.
11.2 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 sub-Contractor under workers' compensation acts,
disability benefit acts, other employee benefit acts or any statutory bar.
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11.3 Any costs or expenses, including attorney's fees, incurred by the District to enforce this agreement shall be borne by
the Contractor.
11.4 The Contractor recognizes the broad nature of this indemnification and hold harmless article, and voluntarily makes
this covenant and expressly acknowledges the receipt of TEN DOLLARS ($10.00) payable upon receipt of first
invoice and other good and valuable consideration provided by the District in support of this indemnification in accordance with the laws of the State of Florida. This article will survive the termination of the Contract.
12.0 PUBLIC ENTITY CRIMES
12.1 A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity
crime may not submit a bid/proposal on a Contract to provide any goods or services to a public entity, may not
submit a bid/proposal on a Contract with a public entity for the construction or repair of a public building or public
work, may not submit bids/proposals on leases of real property to a public entity, may not be awarded or perform
work as a Contractor, supplier, sub-Contractor, or consultant under a Contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida
Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor
list.
12.2 The respondent certifies by submission of this response, that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this trans-
action by any Federal department or agency. The Contractor will execute and deliver to the District the appropriate
federal debarment certification form within three (3) business days of the award of the Contract.
13.0 DISPUTE
13.1 Any Proposer who is aggrieved in connection with the solicitation or award of a Contract may file a protest and shall
deliver its written notice of protest to the Chief Officer, Operations Support (formerly known as Associate
Superintendent of Business Services), or designee (hereinafter “Hearing Officer”), but no later than two (2) working days after RFP opening or after recommendation of award, if not to the apparent low Proposers, which will initiate
the 48-hour notice requirement. The written protest with documentation shall be delivered to the Hearing Officer no
later than 2 p.m. (EDT) on the fourth (4th) calendar day immediately following the RFP opening or receipt of notice
of intent to award recommendation as is appropriate. If that day is a School Board non-workday, the protest shall be
delivered no later than 9 a.m. (EDT) on the next District work day. Protests shall be presented with specificity, and
every issue shall be fully documented. The legal basis for any relief sought must be clearly identified and explained
in the written notice of protest.
13.2 The Hearing Officer shall call a meeting and hear all protests and receive all evidence within a reasonable time. This
does not preclude the Hearing Officer from calling a special meeting or granting a continuance under extraordinary
circumstances.
13.3 All Proposers shall receive notice of any protest hearing and a copy of the protest document. Attachments shall be
available upon request.
13.4 The Florida Rules of Civil Procedure may be relaxed at the sole discretion of the Hearing Officer presiding at any
protest hearing.
13.5 The Hearing Officer shall issue his/her decision on or before two (2) working days of the completion of the protest
hearing.
13.6 The Hearing Officer’s decision shall result in a final order which may include findings and conclusions. The decision of the Hearing Officer shall be final. The District does not encourage the use of faxes to accomplish
delivery of the notice of protest and the protest itself.
Any Proposers utilizing delivery by fax shall assume the risk associated with incomplete delivery or non-receipt.
13.7 Notwithstanding anything to the contrary, any specification objection shall be generally treated as set forth in this
paragraph, except that the operative date for the notice requirement shall be the date the specifications were obtained
by the Proposer.
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14.0 MINORITY ENCOURAGEMENT PLAN
14.1 The District encourages a maximum participation of Minority Business Enterprises in its Contract awards, based
upon availability. The District ensures that private companies doing business with the District are not discriminated
against in the award of Contracts for construction projects, procurement of goods and services, and professional
services on the basis of race, color, sex or national origin.
The awarded Contractor shall submit to the Minority Business Affairs Office a Quarterly Minority Business Activity
Report stating the quarterly with certified Minority Business Enterprises. The report shall include the name of the
company (s), the products (s) or service (s) purchased and the amount. If there is no activity to report for the
quarter, the Company shall submit a Good Faith Efforts Statement. (Please see the attached Good Faith Effort
Statement – EXHIBIT A)
15.0 EX PARTE COMMUNICATION
15.1 Ex parte communication, whether verbal or written, by any potential respondent or representative of any potential
respondent to this RFP with District personnel involved with or related to this RFP through the period of award by
the Board, other than as designated in this document, is strictly prohibited. Violation of this restriction may result in the rejection/disqualification of the respondents’ proposal.
15.2 Ex parte communication, whether verbal or written, by any potential respondent or representative of any potential
respondent to this RFP with Board members is strongly discouraged. However, the substance of any ex parte
communication with any Board member regarding this solicitation shall be publicly disclosed and made a part of the
record prior to, or during the public meeting at which a vote is to be taken regarding the Contract award. Such
disclosure shall be made before final action is taken on the matter.
15.3 Notwithstanding the foregoing, communications are permissible by this Section when such communications with a
prospective respondent are necessary for, and solely related to, the ordinary course of business concerning the
District’s existing Contract(s) for the materials or services addressed in this RFP (but in no event shall any existing
vendor intending to submit a bid initiate communications to any member(s) of the Duval County School Board; it being understood such communication initiated by a vendor under these circumstances would not be in the ordinary
course of business).
